General Terms & Conditions of Sale & Delivery for online sales of the products SALTY by AURO
1. Scope of application
(1) The following General Terms and Conditions of Sale and Delivery (hereinafter: TOS) apply to all sales contracts concerning products of the brand ‘SALTY by AURO’ concluded by you as the customer with
AURO Pflanzenchemie Aktiengesellschaft,
Alte Frankfurter Straße 211 A, D-38122 Braunschweig/Germany, commercial register:
Amtsgericht Braunschweig HRB 4676, represented by its CEO, Mr Edwin Hribek
(hereinafter: ‘we‘/‘us‘), via the online shop under the domain https://www.saltybyauro.com.
(2) Any deviating, complementary or conflicting terms and conditions from you shall not be incorporated in the agreement, unless we have expressly consented to their application. That applies even in the event that we have knowledge of any of your terms and conditions conflicting with or deviating from ours and effect delivery without reservation.
(3) These TOS apply to both consumers and traders, unless where any differentiation is made in the relevant clause. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside the consumer’s trade, business or profession (sec. 13 of the German Civil Code, hereinafter: BGB). By contrast, a trader means every natural or legal person or partnership with legal personality who or which, when concluding the contract, acts in exercise of their trade, business or profession (sec. 14 BGB).
2. Offer and conclusion of contract
(1) Any presentation of products in our web shop, brochures, catalogues and price lists shall not be construed to constitute a binding offer to conclude a sales contract. Rather, it shall be construed to constitute a non-binding invitation to order goods. Any offer made by us shall be without obligation and non-binding, unless it has been expressly stated to be binding.
(2) You can select products from the SALTY by AURO range of products on www.saltybyauro.com and collect them in a so-called shopping cart (‘Cart‘) via the button ‘Add to cart’.
(3) The bag button ‘Cart‘ in the upper right-hand corner of the page gives you access to the ‘Cart‘. You can view selected products in the ‘Cart‘ and make changes until your order is finally sent.
(4) Before finally sending your order with obligation to pay, you will be required to confirm that you have taken notice of our TOS, our data protection rules as well as the instructions on withdrawal. You can view the TOS, the data protection rules as well as the instructions on withdrawal by clicking on the corresponding texts ‘General terms and conditions of sale and delivery‘, ‘Data protection rules‘ as well as ‘Instructions on withdrawal’, and save them, outside the online shop, e.g. to your external data storage medium or to your computer. By then clicking on the button ‘Checkout‘, you will receive a summary of the ordering process and have the opportunity to correct your entries. By clicking on the button ‘Buy with obligation to pay‘, you submit a binding offer, addressed to us, to buy the selected SALTY products.
(5) Afterwards, you will receive from us an automated order confirmation by email stating again your order and the terms of contract (including without limitation TOS, instructions on withdrawal, data protection rules) which you can print out via the function ‘Print‘. The order confirmation does not yet constitute an acceptance of the offer submitted by you.
(6) A sales contract concerning the goods shall be concluded only once we send an express declaration of acceptance, or if we send you the ordered goods without any prior express declaration of acceptance.
(7) The nature of the goods which is owed by us shall be in conformity with the information contained in our specifications (e.g. item numbers, etc.). Paints and lacquers shall be deemed to correspond to the agreed nature if the colour shade of the paint received and/or the lacquer received deviates no more than trivially from the colour shade on the colour card. For technical reasons, there is a possibility of slight deviations in paints which are specifically mixed for you; such deviations shall not constitute any defect. Moreover, lacquers have different surface haptics and therefore often appear slightly different from the paints applied on colour cards.
3. Prices
(1) Prices apply as indicated in the online shop at the time of placing the order. Prices quoted are final prices including statutory VAT at current rate.
(2) Packaging costs shall be indicated as appropriate in the ordering process and shall be paid by the customer in addition.
4. Payment
(1) In cooperation with Klarna Bank AB (publ), headquartered in Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter: Klarna), we offer the following payment options. You shall pay your invoice to Klarna with the following payment options:
You shall pay your invoice to Klarna with the following payment options:
(2) The payment options will be offered within the framework of the Klarna Checkout in the ordering process.
(3) For more detailed information and the terms and conditions of use of Klarna Checkout as well as general information about Klarna, please see www.klarna.com.
(4) Your personal data will be handled by Klarna in compliance with the applicable data protection rules and as set forth in Klarna‘s data protection rules.
(5) By sending the order with obligation to pay, you agree to the assignment of our claims for payment of the purchase price to third parties, including without limitation Klarna.
5. Delivery and shipping terms, shipping costs
(1) Delivery shall be ex warehouse; the latter place shall also be the place of performance. At the expense of the customer, the goods shall be shipped to another place of destination (sales shipment). Unless otherwise agreed, we shall be entitled to determine the method of shipment in our own discretion
(including without limitation carrier, routing, packaging).
(2) Shipping terms for Premium Matt Wall Paints and Premium Matt Lacquers:
(2.1) We deliver with DPD within Germany and the European Union (EU).
(2.2) Our shipping terms and costs for deliveries within Germany:
(a) Shipping costs per order are EUR 6.95. From a purchase value of EUR 75.00, we deliver free of shipping costs.
(b) We deliver nationwide within Germany (mainland, excluding islands).
(c) The regular delivery time is 3 to 5 working days.
(2.3) Our shipping terms and costs for deliveries to EU countries:
(a) Shipping costs to Austria, Belgium, the Czech Republic, Denmark*, France, Luxembourg and the Netherlands* are EUR 19.00 per order.
(b) Shipping costs to Bulgaria, Estonia, Finland, Greece, Ireland, Italy*, Croatia, Latvia, Lithuania, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain* and Hungary are EUR 29.00 per order.
*The Netherlands and France excluding overseas territories, Denmark excluding Greenland and the Faroe Islands, Italy including the Vatican City. Spain excluding the Canary Islands and excluding the cities of Ceuta and Melilla.
(c)The regular delivery time is 4 to 7 working days.
(3) Shipping terms for the Colour Card and Peel & Stick Wall Sticker Set for Germany and the EU:
The colour cards and peel & stick wall sticker sets will be sent by post free of shipping costs.
(4) Any shipment within the EU will be subject to German statutory VAT at currently 19 %. Such tax is always included in all prices in the shop.
6. Passing of risk
(1) The risk of accidental loss or accidental deterioration of the goods shall pass to you no later than upon delivery of the goods. However, in case of sales shipment and deliveries to a trader, the risk of accidental loss or accidental deterioration of the goods as well as the risk of delay shall pass already upon hand-over of the goods to the forwarder, carrier or other person or agent entrusted with the shipment.
(2) Where deliverables have been agreed to be subject to acceptance, the risk shall pass upon such acceptance. Further in respect of such agreed acceptance, the statutory provisions for contracts for works and services (‘Werkvertrag‘) apply correspondingly and in all respects. Delivery and/or acceptance shall likewise be deemed to have occurred in the event that you are in default of acceptance.
7. Liability for defects, guarantee
(1) We shall be liable for defects in quality as provided by the applicable statutory provisions, including without limitation sec. 434 et seq. BGB. Special statutory provisions on final deliveries of goods to a consumer shall in any case remain unaffected (so-called recourse against supplier under sec. 478 BGB).
(2) A guarantee for goods delivered by us shall be deemed to exist only where expressly so given in the order confirmation for the product concerned. Where guarantees are given by the manufacturers of the products concerned, they shall give rise to claims only against such manufacturers. As a matter of course, our statutory liability for defects remains unaffected by the foregoing.
(3) Further claims for damages and/or reimbursement of wasted expenditure shall be available only subject to the provisions of section 8.
8. Liability for damages
(1) Unless otherwise provided in these TOS, including the following provisions, our liability for any breach of contractual and non contractual duties shall be governed by the applicable statutory provisions.
(2) We shall be liable for damages arising only where these result from any breach of an essential contractual obligation or from any grossly negligent or intentional misconduct by us or our agents. In case of ordinarily negligent breach of an essential contractual obligation, our liability shall be limited to foreseeable damage typical of the contract. An essential contractual obligation shall be an obligation the fulfilment of which is fundamental to the proper execution of the contract and which was relied upon and could justifiably be relied upon by you.
(3) Any further liability for damages shall be excluded.
(4) Any liability for culpable injury to life, body or health under statutory provisions remains unaffected. The same applies to mandatory liability under the Product Liability Act (‘Produkthaftungsgesetz‘).
(5) The limitations of liability shall not apply where we fraudulently concealed a defect or gave a guarantee as to the nature of the supplies or services.
9. Limitation of claims for defects
(1) In respect of traders, the limitation period for claims fordefects in quality of new items delivered by us shall be 12 months from the delivery of the goods. In respect of second-hand items, any liability for defects in quality shall be excluded. Where you can no longer claim, as a result of such claim having become time-barred, that an item which is free of defects be delivered or that a defect be remedied, that shall no longer give rise to any claims for damages. That shall not apply in the event that we breached our obligation to deliver an item which is free of defects or our obligation to remedy the defect at a time when such right was not yet time-barred. Any claims for damages arising therefrom shall be subject to the statutory limitation periods.
(2) The statutory limitation periods apply in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty by us, in case of fraudulent concealment of a defect and in case of assumption of a guarantee as to the nature of the supplies or services.
10. Retention of title
(1) In respect of contracts with consumers, the following applies:
(1.1) All goods delivered shall remain our property until receipt of full payment of the purchase price.
(1.2) Any goods delivered subject to retention of title shall not be given in pledge to any third party, nor assigned as collateral security until full payment of the secured claims is received. You shall promptly notify us in writing of any action or attempt by third parties to seize or take possession of goods owned by us.
(1.3) If you act contrary to the contract, including without limitation if you fail to make payment of the purchase price when due, we shall have the right in accordance with statutory provisions to withdraw from the contract and to claim restitution of any goods on the grounds of the retention of title and the withdrawal from the contract. In case of failure by you to make payment of the purchase price when due, we shall be entitled to exercise such rights only if we have set you a reasonable deadline for payment to no avail or if such deadline may be dispensed with according to statutory provisions.
(2) In respect of contracts with traders, the following applies:
All goods delivered shall remain our property until receipt of full payment of all claims arising now or in future from the sales contract and from the ongoing business relationship (secured claims), even if payment for specific goods was already made. You shall be permitted to resell and/or further process any goods subject to retention of title in the ordinary course of business. In such case, the following provisions apply in addition:
(a) The retention of title shall extend to any products in their full value which have been created by further processing, mixing or combining our goods with other goods; in such case, we shall be deemed to be the manufacturer of any such created product within the meaning of sec. 950 BGB, without any obligation on us arising therefrom. Where such further processing, mixing or combination involves goods which continue to be subject to third-party ownership rights, we shall acquire co-ownership of the created product in such proportion as corresponds to the invoice values of the goods involved in such processing, mixing or combination. In the event that, in such combination or mixing, your item is to be regarded as the main item, you transfer to us now co-ownership of the new item on such pro-rata basis. We accept such assignment.
(b) You assign to us now as collateral security any claims against third parties arising from the resale of the goods or the product in the amount of the final invoice amount (incl. VAT) of our claims. We accept such assignment.
You shall remain authorised, apart from us, to collect any outstanding debts. We agree to refrain from any collection of such debts for as long as you continue to fulfil your payment obligations to us, you do not default on your payment obligations, no petition to commence insolvency proceedings is filed and your financial circumstances are not otherwise unfavourable. In the event, however, that any of the aforementioned circumstances occur, we may require you to notify us of the assigned claims and their debtors, to provide any information necessary for purposes of collection, to deliver any documents relating thereto as well as to notify the third-party debtors of the assignment. We shall also be entitled to notify your debtors of the assignment and to request them to make payment to us.
(c) If the realisable value of collateral securities exceeds our claims by more than 10 %, we shall, upon your request, release securities of our own choosing.
(d) You shall notify us promptly of any seizure or attachment, even if it is only forthcoming, or any other impairment of our ownership rights by third parties, including without limitation the existence of any blanket assignments of claims or factoring agreements, and confirm our ownership right both to third parties and to us in writing. In the event of any seizure or attachment, a copy of the attachment record shall be sent to us.
(e) In the event that you should be in default of payment, we shall be entitled to claim surrender of any goods subject to retention of title and to take immediate possession thereof by ourselves or by any of our agents, regardless of where they are located. You shall be obliged to surrender to us any goods subject to retention of title, provide to us any information and furnish to us any documents necessary for the pursuit of our claims. Any request for such surrender shall not be construed to constitute a withdrawal from the contract. The same applies to any taking back of goods subject to retention of title.
11. Transfer
Any rights and obligations arising from agreements entered into with us may not without our consent be transferred to any third party.
12. Customer service
(1) You can contact our customer service by email as follows:
(2) We answer your enquiries by email on working days within 24 hours (Monday to Friday). If you wish to submit complaints or claims, please provide a specific description of the problem and send us relevant pictures so that we can get a good understanding and help you efficiently.
(3) We answer interior design enquiries, questions regarding creative design and the colour shade collection by email on working days within 72 hours (Monday to Friday). In order to answer your enquiry efficiently, we would be pleased if you could provide a specific description of your request or concern and possibly send relevant photos.
13. Platform for online dispute resolution and resolution of consumer disputes
(1) The European Commission provides a platform for online dispute resolution (ODR). It is available at http://ec.europa.eu/consumers/odr/.
(2) We are not willing to take part in dispute resolution procedures before a consumer conciliation body.
14. Contractual language
The contractual language shall be English.
15. Applicable law, place of jurisdiction
(1) These TOS and all legal relationships between us and you shall be governed by the lawof the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, that does not apply if and to the extent that special consumer protection provisions in your home country are more favourable (Article 6(2)(2) of Regulation (EC) No 593/2008 (Rome I).
(2) The exclusive place of jurisdiction for all disputes arising from or in the context of the contractual relationship between us and you, including the effectiveness of the contract and these TOS, shall, in respect of contracts entered into with merchants, legal persons under public law or special funds under public law, be the court having jurisdiction for Braunschweig/Germany. The same applies if you have no place of general jurisdiction in in the national territory or if you transfer your domicile or habitual residence to a foreign country after the conclusion of the contract, or if your domicile or habitual residence is unknown at the time when legal action is brought. We shall also be entitled to bring legal action in the courts of your place of domicile.
Last revised: Dec. 21, 2023
