GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Terms of service
I. GENERAL TERMS AND CONDITIONS
§ 1 BASIC PROVISIONS
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier
(AstorMueller Retail AG) via the website www.salamander.de . Unless otherwise agreed, the
inclusion of your own conditions that you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes
a legal transaction for purposes that are predominantly neither commercial nor self-employed. An
entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal
transaction, acts in their independent professional or commercial activity.
§ 2 FORMATION OF THE CONTRACT
(1) The subject of the contract is the sale of goods
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to
conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding
button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of
payment and shipping, all the order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express) as a payment method, you will
either be taken to the order overview page in our online shop, or you will first be redirected to the
website of the provider of the instant payment system.
If you are forwarded to the respective payment system, make the appropriate selection, or enter
your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them
(also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare your legally binding acceptance of the
offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in
text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with
the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the
e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured
and is not prevented by SPAM filters.
§ 3 INDIVIDUALLY DESIGNED GOODS
(1) You provide us with the appropriate information, texts or files required for the individual design
of the goods via the online ordering system or by email at the latest immediately after the conclusion
of the contract. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties
(copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us
from all third-party claims asserted in this context. This also applies to the costs of the legal
representation required in this context
(3) We do not check the transmitted data for correctness, and we do not assume any liability for
errors.
§ 5 RIGHT OF RETENTION, RESERVATION OF TITLE
(1) You can only exercise a right of retention if it concerns claims from the same contractual
relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been
settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the
goods subject to retention of title.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims
in the amount of the invoice amount that you accrue from the resale, we accept the assignment.
You are further authorized to collect the claim. However, if you fail to properly meet your payment
obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the
ratio of the invoice value of the reserved goods to the other processed items at the time of
processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the
realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
of the securities to be released is incumbent on us.
§ 6 WARRANTY
(1) The statutory warranty rights apply
(2) As a consumer, you are requested to check the item for completeness, obvious defects, and
transport damage immediately upon delivery and to notify us and the freight forwarder of any
complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty
claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty
regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed
as the quality of the item, but not other advertising, public promotions, and statements by the
manufacturer.
b) In the event of defects, we guarantee, at our option, repair, or subsequent delivery. If the
elimination of the defect fails, you can either request a reduction in price or withdraw from the
contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt
unless something else results from the nature of the item or the defect or other circumstances. In
the case of repairs, we do not have to bear the increased costs that arise from the shipment of the
goods to a location other than the place of performance, provided that the shipment does not
correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does
not apply:
for culpably caused damage attributable to us from injury to life, body, or health and in the case of
other damage caused intentionally or through gross negligence.
insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of
the item.
in the case of items that have been used for a building in accordance with their normal use and have
caused its defectiveness.
in the case of legal recourse claims that you have against us in connection with warranty rights.
§ 7 CHOICE OF LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION
(1) German law applies. For consumers, this choice of law only applies insofar as this
the protection granted by mandatory provisions of the law of the state of habitual residence of the
consumer is not withdrawn. (Favorability principle)
(2) The place of performance for all services from the business relationships with us and the place
of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal
entity under public law or a special fund under public law. The same applies if you do not have a
general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence
is not known at the time the action is brought. The authority to appeal to the court at another legal
place of jurisdiction remains unaffected.
3) The provisions of the UN sales law expressly do not apply.
II. CUSTOMER INFORMATION
1. SELLER IDENTITY
Salamander
c / o AstorMueller Retail AG
Chamerstrasse 50 / P.O. Box 346
6331 Hünenberg
Switzerland
Phone: +49 6331 5145-7779
Email: service@salamander.de
ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS
platform), available at https://ec.europa.eu/odr.
2. INFORMATION ON THE FORMATION OF THE CONTRACT
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the
correction options are carried out in accordance with the provisions "Conclusion of the contract" in
our General Terms and Conditions (Part I.).
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
3.1. The contract language is German
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping
cart system, the contract data can be printed out or electronically saved using the browser's print
function. After we have received the order, the order data, the information required by law for
distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all
contract data as part of a binding offer in text form, e.g., by email, which you can print out or save
electronically.
5. ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICE
The essential characteristics of the goods and / or services can be found in the respective offer.
6. PRICES AND PAYMENT METHODS
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices.
They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a
correspondingly labeled button on our website or in the respective offer, are shown separately
during the ordering process and are to be borne by you in addition, unless free delivery has been
promised.
6.3. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit
institutions) are to be borne by you in cases in which the delivery takes place in an EU member state,
but the payment has been initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on
our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the
concluded contract are due for payment immediately.
7. TERMS OF DELIVERY
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found
under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer is regulated by law that the risk of accidental loss and accidental
deterioration of the thing sold during the
The shipment is only transferred to you when the goods are handed over, regardless of whether the
shipment is insured or uninsured. This does not apply if you have independently commissioned a
transport company not named by the entrepreneur or a person otherwise appointed to carry out
the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. STATUTORY LIABILITY RIGHT
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
(1) The following terms and conditions apply to contracts that you conclude with us as a supplier
(AstorMueller Retail AG) via the website www.salamander.de . Unless otherwise agreed, the
inclusion of your own conditions that you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes
a legal transaction for purposes that are predominantly neither commercial nor self-employed. An
entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal
transaction, acts in their independent professional or commercial activity.
§ 2 FORMATION OF THE CONTRACT
(1) The subject of the contract is the sale of goods
(2) As soon as the respective product is posted on our website, we are submitting a binding offer to
conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can use the corresponding
button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the terms of
payment and shipping, all the order data will then be displayed again on the order overview page.
If you use an instant payment system (e.g., PayPal / PayPal Express) as a payment method, you will
either be taken to the order overview page in our online shop, or you will first be redirected to the
website of the provider of the instant payment system.
If you are forwarded to the respective payment system, make the appropriate selection, or enter
your data there. Finally, you will be redirected back to the order overview page in our online shop.
Before submitting the order, you have the option here to check all the details again, to change them
(also via the "back" function of the Internet browser) or to cancel the purchase.
By submitting the order using the "Buy" button, you declare your legally binding acceptance of the
offer, whereby the contract is concluded.
(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in
text form (e.g., by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with
the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the
e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured
and is not prevented by SPAM filters.
§ 3 INDIVIDUALLY DESIGNED GOODS
(1) You provide us with the appropriate information, texts or files required for the individual design
of the goods via the online ordering system or by email at the latest immediately after the conclusion
of the contract. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data, the content of which violates the rights of third parties
(copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us
from all third-party claims asserted in this context. This also applies to the costs of the legal
representation required in this context
(3) We do not check the transmitted data for correctness, and we do not assume any liability for
errors.
§ 5 RIGHT OF RETENTION, RESERVATION OF TITLE
(1) You can only exercise a right of retention if it concerns claims from the same contractual
relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims from the current business relationship have been
settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the
goods subject to retention of title.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims
in the amount of the invoice amount that you accrue from the resale, we accept the assignment.
You are further authorized to collect the claim. However, if you fail to properly meet your payment
obligations, we reserve the right to collect the claim ourselves.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the
ratio of the invoice value of the reserved goods to the other processed items at the time of
processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the
realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
of the securities to be released is incumbent on us.
§ 6 WARRANTY
(1) The statutory warranty rights apply
(2) As a consumer, you are requested to check the item for completeness, obvious defects, and
transport damage immediately upon delivery and to notify us and the freight forwarder of any
complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty
claims.
(3) If you are an entrepreneur, the following applies in deviation from the above warranty
regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed
as the quality of the item, but not other advertising, public promotions, and statements by the
manufacturer.
b) In the event of defects, we guarantee, at our option, repair, or subsequent delivery. If the
elimination of the defect fails, you can either request a reduction in price or withdraw from the
contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt
unless something else results from the nature of the item or the defect or other circumstances. In
the case of repairs, we do not have to bear the increased costs that arise from the shipment of the
goods to a location other than the place of performance, provided that the shipment does not
correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does
not apply: For culpably caused damage attributable to us from injury to life, body, or health and in the case of other damage caused intentionally or through gross negligence.
Insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of
the item. In the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness.
In the case of legal recourse claims that you have against us in connection with warranty rights.
§ 7 CHOICE OF LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION
(1) German law applies. For consumers, this choice of law only applies insofar as this
the protection granted by mandatory provisions of the law of the state of habitual residence of the
consumer is not withdrawn. (Favorability principle)
(2) The place of performance for all services from the business relationships with us and the place
of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal
entity under public law or a special fund under public law. The same applies if you do not have a
general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence
is not known at the time the action is brought. The authority to appeal to the court at another legal
place of jurisdiction remains unaffected.
3) The provisions of the UN sales law expressly do not apply.
II. CUSTOMER INFORMATION
1. SELLER IDENTITY
Salamander
c / o AstorMueller Retail AG
Chamerstrasse 50 / P.O. Box 346
6331 Hünenberg
Switzerland
Phone: +49 6331 5145-7779
Email: service@salamander.de
ALTERNATIVE DISPUTE RESOLUTION
The European Commission provides a platform for out-of-court online dispute resolution (OS
platform), available at https://ec.europa.eu/odr.
2. INFORMATION ON THE FORMATION OF THE CONTRACT
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the
correction options are carried out in accordance with the provisions "Conclusion of the contract" in
our General Terms and Conditions (Part I.).
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
3.1. The contract language is German
3.2. We do not save the full text of the contract. Before submitting the order via the online shopping
cart system, the contract data can be printed out or electronically saved using the browser's print
function. After we have received the order, the order data, the information required by law for
distance selling contracts and the general terms and conditions will be sent to you again by email.
3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all
contract data as part of a binding offer in text form, e.g., by email, which you can print out or save
electronically.
5. ESSENTIAL CHARACTERISTICS OF THE GOODS OR SERVICE
The essential characteristics of the goods and / or services can be found in the respective offer.
6. PRICES AND PAYMENT METHODS
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices.
They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a
correspondingly labeled button on our website or in the respective offer, are shown separately
during the ordering process and are to be borne by you in addition, unless free delivery has been
promised.
6.3. Any costs incurred for the money transfer (transfer or exchange rate fees of the credit
institutions) are to be borne by you in cases in which the delivery takes place in an EU member state,
but the payment has been initiated outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly labeled button on
our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the
concluded contract are due for payment immediately.
7. TERMS OF DELIVERY
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found
under a correspondingly labeled button on our website or in the respective offer.
7.2. As far as you are a consumer is regulated by law that the risk of accidental loss and accidental
deterioration of the thing sold during the
The shipment is only transferred to you when the goods are handed over, regardless of whether the
shipment is insured or uninsured. This does not apply if you have independently commissioned a
transport company not named by the entrepreneur or a person otherwise appointed to carry out
the shipment.
If you are an entrepreneur, delivery and dispatch are at your own risk.
8. STATUTORY LIABILITY RIGHT
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).