Terms and Conditions

1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary contract: a contract under which a consumer acquires products, digital content and/or services in connection with a distance contract, and such goods, digital content and/or services are supplied by the trader or by a third party pursuant to an arrangement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer may exercise the right of cancellation;
  3. Consumer: the natural person who does not act for purposes relating to their trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Continuing contract: a contract aimed at the regular supply of goods, services and/or digital content over a specified period;
  7. Durable medium: any means — including email — that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information;
  8. Right of cancellation: the consumer's right to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
  10. Distance contract: a contract concluded between the trader and the consumer within an organised system for distance selling of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
  11. Model cancellation form: the model cancellation form included in Appendix I of these terms and conditions. Appendix I need not be made available where the consumer has no right of cancellation in respect of their order;
  12. Means of distance communication: any means that may be used for concluding a contract without the consumer and trader being simultaneously present in the same location.

2 – Identity of the trader

Trader name: Leylines BV

trading under the name/names: Salt Giant


Registered address:
Franciscusweg 16
1216 SK Hilversum
The Netherlands
Telephone: 01902214281


Availability:
Daily from 09:00 to 17:00


Email address: [email protected]
Company registration number: 34250234
VAT number: GB521370526

3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, how the general terms and conditions may be inspected at the trader's premises and that they will be sent free of charge as soon as possible upon the consumer's request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, electronically or otherwise, upon the consumer's request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may, in the event of conflicting conditions, always rely on the applicable provision that is most favourable to them.

4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the trader.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

5 – The contract

  1. Subject to the provisions of paragraph 4, the contract is formed at the moment the consumer accepts the offer and meets the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the trader, the consumer may cancel the contract.
  3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall observe appropriate security measures for this purpose.
  4. The trader may, within legal limits, investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If the trader has good grounds on the basis of this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its fulfilment.
  5. The trader shall, at the latest upon delivery of the product, service or digital content to the consumer, send the following information in writing or in a manner that the consumer can store in an accessible way on a durable medium:
    • the address of the trader's premises where the consumer can go with complaints;
    • the conditions and manner in which the consumer may exercise the right of cancellation, or a clear statement that the right of cancellation is excluded;
    • information on guarantees and after-sales service;
    • the price inclusive of all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
    • the requirements for cancellation of the contract if the contract has a duration of more than one year or is for an indefinite period;
    • if the consumer has a right of cancellation, the model cancellation form.
  6. In the case of a continuing contract, the provision in the previous paragraph applies only to the first delivery.

6 – Right of cancellation

For delivery of products

  1. The consumer may cancel a contract for the purchase of a product during a cooling-off period of at least 30 days without giving reasons. The trader may ask the consumer for the reason for cancellation, but may not require the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
    • if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by them, received the last product. The trader may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
    • if delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or part;
    • for contracts for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium where the consumer has not been informed of their right of cancellation:

  1. If the trader has not provided the consumer with the legally required information on the right of cancellation or the model cancellation form, the cooling-off period expires twelve months after the end of the original cooling-off period as established in accordance with the previous paragraphs of this article.
  2. If the trader has provided the information referred to in the previous paragraph to the consumer within twelve months of the start date of the original cooling-off period, the cooling-off period expires 30 days after the day on which the consumer received that information.

7 – Consumer obligations during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be permitted to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the trader has not provided them with all legally required information on the right of cancellation before or upon conclusion of the contract.

8 – Exercise of the right of cancellation by the consumer and related costs

  1. If the consumer exercises their right of cancellation, they must notify the trader within the cooling-off period using the model cancellation form or by another unambiguous statement.
  2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the trader. This is not required if the trader has offered to collect the product. The consumer shall be deemed to have observed the return deadline if the product is returned before the cooling-off period has expired.
  3. The consumer shall return the product with all supplied accessories, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and burden of proof for the correct and timely exercise of the right of cancellation lies with the consumer.
  5. The consumer bears the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer does not need to pay the return costs.
  6. If the consumer cancels after having expressly requested that the performance of a service or the supply of gas, water or electricity not made ready for sale in a limited volume or quantity begins during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of cancellation, compared to full performance of the obligation.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    • the trader has not provided the consumer with the legally required information on the right of cancellation, the cost reimbursement upon cancellation, or the model cancellation form; or
    • the consumer has not expressly requested commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  8. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium, if:
    • they have not expressly consented prior to delivery to the commencement of performance of the contract before the end of the cooling-off period;
    • they have not acknowledged that they lose their right of cancellation by granting their consent; or
    • the trader has failed to confirm this statement from the consumer.
  9. If the consumer exercises their right of cancellation, all supplementary contracts are dissolved by operation of law.

9 – Trader obligations upon cancellation

  1. If the trader allows the consumer to notify cancellation electronically, they shall send an acknowledgement of receipt promptly upon receiving such notification.
  2. The trader shall refund all payments made by the consumer, excluding any delivery costs charged by the trader for the returned product, promptly and within 14 days of the day on which the consumer notifies the cancellation. Unless the trader has offered to collect the product, the trader may withhold the refund until the product has been received or until the consumer demonstrates that the product has been returned, whichever is earlier.
  3. The trader shall use the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge to the consumer.
  4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the trader is not required to refund the additional cost of the more expensive method.

10 – Exclusion of the right of cancellation

The trader may exclude the following products and services from the right of cancellation, but only if the trader has clearly stated this in the offer, or at the latest before the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period.
  2. Contracts concluded at a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the trader to consumers who are personally present or have the opportunity to be personally present at the auction, under the direction of an auctioneer, and the successful bidder is obliged to purchase the products, digital content and/or services.
  3. Service contracts, after full performance of the service, but only if:
    • performance has begun with the consumer's express prior consent;
    • the consumer has declared that they lose their right of cancellation as soon as the trader has fully performed the contract;
  4. Service contracts for the provision of accommodation, where the contract specifies a particular date or period of performance and for purposes other than residential use, goods transport, car hire services and catering;
  5. Contracts relating to leisure activities, where the contract specifies a particular date or period of performance;
  6. Products manufactured to the consumer's specifications, which are not prefabricated and which are produced on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  7. Products that deteriorate rapidly or have a limited shelf life;
  8. Sealed products which are not suitable for return on grounds of health protection or hygiene and whose seal has been broken after delivery;
  9. Products which are, by their nature, irreversibly mixed with other products after delivery;
  10. Alcoholic beverages whose price was agreed upon at the time of concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the trader has no influence;
  11. Sealed audio or video recordings and computer software whose seal has been broken after delivery;
  12. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
  13. The supply of digital content other than on a tangible medium, but only if:
    • performance has begun with the consumer's express prior consent; and
    • the consumer has declared that they thereby lose their right of cancellation.

11 – Price

Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the cancellation period.

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. Such dependency on fluctuations and the fact that any prices stated may be indicative prices will be stated in the offer.
  3. Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the right to cancel the contract with effect from the date on which the price increase takes effect.
  5. The prices stated in the offer of products or services are inclusive of VAT. Where this is not the case, this will be clearly stated.

12 – Conformity and additional guarantee

  1. The trader warrants that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and/or fitness for purpose, and to the statutory provisions and/or government regulations in force on the date of conclusion of the contract. Where agreed, the trader also warrants that the product is fit for other than normal use.
  2. An additional guarantee provided by the trader, their supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the trader under the contract in the event that the trader has failed to fulfil their part of the contract.
  3. An additional guarantee means any undertaking by the trader, their supplier, importer or producer that grants the consumer certain rights or claims beyond what is legally required in the event of a failure to fulfil their part of the contract.

13 – Delivery and fulfilment

  1. The trader shall exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
  2. The delivery address shall be the address that the consumer has communicated to the trader.
  3. Subject to what is stated in Article 4 of these terms and conditions, the trader shall fulfil accepted orders promptly and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract without charge and is entitled to any compensation due.
  4. Following cancellation in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
  5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated representative known to the trader, unless expressly agreed otherwise.
  6. Where the total order weighs more than 100 kg or must be delivered using a powered pallet truck:
    • delivery over gravel, unpaved roads or a slope is not possible. If the consumer expects this and refuses the delivery as a result, the costs of both delivery and return shall be charged to the customer:
      • Quarter pallet (60 x 40 cm) twice £35 = £70 including VAT;
      • Mini pallet (60 x 80 cm) twice £40 = £80 including VAT;
      • Euro pallet (120 x 80 cm) twice £55 = £110 including VAT;
      • Block pallet (120 x 100 cm) twice £65 = £130 including VAT.
    • The remaining balance will be refunded within 5 working days, provided the item is in its original undamaged condition.
  7. Where the consumer wishes to have the product placed through a gate or inside a shed or garage:
    • The driver shall determine whether this is safe and reasonable, and shall choose the best unloading location. If the consumer still expects delivery through the gate or into the shed or garage:
      • The risk of damage lies with the consumer;
      • If the driver considers it unsafe to deliver through the gate or into the shed/garage and the consumer therefore refuses the delivery, the costs of both delivery and return shall be charged to the customer:
        • Quarter pallet (60 x 40 cm) twice £35 = £70 including VAT;
        • Mini pallet (60 x 80 cm) twice £40 = £80 including VAT;
        • Euro pallet (120 x 80 cm) twice £55 = £110 including VAT;
        • Block pallet (120 x 100 cm) twice £65 = £130 including VAT;
      • The remaining balance will be refunded within 5 working days, provided the item is in its original undamaged condition.
    • The risk of damage lies with the consumer; 
    • Past deliveries do not guarantee future deliveries in the same manner.

14 – Continuing contracts

Cancellation

  1. The consumer may cancel a contract concluded for an indefinite period and aimed at the regular supply of products (including electricity) or services at any time, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
  2. The consumer may cancel a contract concluded for a fixed period and aimed at the regular supply of products (including electricity) or services at any time towards the end of the fixed period, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
  3. The consumer may cancel the contracts referred to in the previous paragraphs:
    • at any time and shall not be restricted to cancellation at a particular time or during a particular period;
    • at least in the same manner in which they were concluded;
    • always with the same notice period as the trader has stipulated for themselves.

Renewal

  1. A contract concluded for a fixed period and aimed at the regular supply of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  2. Notwithstanding the previous paragraph, a contract concluded for a fixed period and aimed at the regular supply of daily, news and weekly papers and periodicals may be tacitly renewed for a fixed period of up to three months, provided the consumer can cancel this renewed contract towards the end of the renewal period with a notice period of no more than one month.
  3. A contract concluded for a fixed period and aimed at the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is no more than three months in the case of a contract for the regular supply, but less than once per month, of daily, news and weekly papers and periodicals.
  4. A contract of limited duration for the regular introductory supply of daily, news and weekly papers and periodicals (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the close of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

15 – Payment

  1. Unless otherwise stipulated in the contract or supplementary conditions, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, where there is no cooling-off period, within 14 days of concluding the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
  2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer may not assert any rights in relation to the fulfilment of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer has a duty to notify the trader promptly of any inaccuracies in payment details provided or stated.
  4. If the consumer fails to meet their payment obligation(s) in good time, and after the trader has drawn attention to the late payment and has allowed the consumer a 14-day period to still fulfil their payment obligations, and payment has not been made within this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the trader shall be entitled to charge the out-of-court collection costs they have incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to £2,500; 10% on the next £2,500; and 5% on the next £5,000, with a minimum of £40. The trader may deviate from these amounts and percentages in favour of the consumer.

16 – Complaints procedure

  1. The trader operates a sufficiently publicised complaints procedure and shall handle complaints in accordance with that procedure.
  2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within a reasonable time after the consumer has identified the defects.
  3. Complaints submitted to the trader shall be responded to within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. The consumer must give the trader at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

17 – Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions apply are governed exclusively by the laws of England and Wales.

18 – Additional or deviating provisions

Any additional provisions or provisions that deviate from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Appendix 1

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