General Terms And Conditions

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts concluded with us as the provider RAPIDPACK GmbH via the website www.verpacking.com. Unless otherwise agreed, the inclusion of any terms you may have used is hereby rejected.

(2) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the product description via the online shopping cart system.

(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 access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.

After clicking the "Checkout" or "Proceed to Order" button (or similar designation) and entering personal data as well as payment and shipping conditions, you will be shown a summary of your order before submission.

If you choose an instant payment system (e.g. PayPal, Amazon Pay, Sofort), you will either be directed to the order summary page in our online shop or to the website of the respective instant payment provider. If redirected, enter your data and preferences on the provider’s site. Finally, the order data will be displayed again either on the provider’s site or once redirected back to our online shop.

Before submitting the order, you have the opportunity to review all information, change it (also using the "back" function of your browser), or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy", "pay now", etc.), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out via email, partially automated. You must ensure that the email address you provided is correct and that receipt of emails is technically ensured, especially not blocked by SPAM filters.

§ 3 Custom-Made Products

(1) You shall provide us with the necessary suitable information, text, or files required for custom design via the online order system or by email no later than immediately after conclusion of the contract. Any specifications we provide for file formats must be observed.

(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from any claims asserted in this context by third parties. This also applies to the costs of any necessary legal representation.

(3) We do not check the transmitted content for correctness and accept no liability for errors in this respect.

§ 4 Special Agreements Regarding Offered Payment Methods

(1) Credit check: If we make advance payments (e.g. in case of purchase on account or direct debit), your data will be transmitted for the purpose of credit assessment based on mathematical-statistical procedures to the Verband der Vereine Creditreform e. V., Hammfelddamm 13, 41460 Neuss. We reserve the right to refuse certain payment methods based on the result of the credit check.

(2) Payment via Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made directly to Klarna:

• Invoice ("Pay Later"): Terms for Germany: klarna.com/de_de/invoice
• Sofortüberweisung ("Pay Now")

Klarna terms of use Germany: klarna.com/de_de/user — klarna.com/de

Klarna terms of use Austria: klarna.com/de_at/user — klarna.com/at

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies additionally:

• Retention of title applies until full settlement of all claims from the ongoing business relationship. Pledging or transfer of ownership by way of security prior to transfer of ownership is not permitted.
• You are entitled to resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice value arising from such resale. You remain authorized to collect the claims as long as you meet your payment obligations.
• If the goods are processed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
• We undertake to release the securities due to us upon request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 6 Warranty

(1) Statutory warranty rights apply.

(2) Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your legal warranty rights.

(3) Deviations from objective requirements are only considered agreed upon if you were informed of them before submitting the contractual declaration and the deviation was explicitly and separately agreed between the parties.

(4) If you are an entrepreneur, the following applies in deviation:

• Only our own information and the manufacturer’s product description shall be deemed agreed as the quality of the goods, not public promotions or other advertising by the manufacturer.
• In case of defects, we shall provide warranty at our discretion by repair or replacement. If the remedy fails after two attempts, you may demand a reduction in price or withdraw from the contract. In the case of rectification, we do not bear the increased costs that arise from bringing the goods to a place other than the place of fulfillment if this does not correspond to the intended use of the goods.
• The warranty period is one year from delivery of the goods. The reduction does not apply:
  • to damages culpably caused by us resulting in injury to life, body, or health, or in cases of intent or gross negligence,
  • if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the item,
  • for items used for a building structure according to their usual use and causing its defectiveness,
  • for statutory recourse claims you have against us in connection with defect rights.

§ 7 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favorability principle).

(2) The place of performance for all obligations from the business relationship as well as 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 your place of residence or habitual residence is unknown at the time the action is brought. The right to also call upon the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention (CISG) expressly do not apply.

II. Customer Information

1. Identity of the Seller

RAPIDPACK GmbH
Neuenhagener Chaussee 2
15366 Hoppegarten
Germany
Phone: +49 30 221846600
Email: info@verpacking.com

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information Regarding the Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the contract itself, and the options for correction are carried out in accordance with the “Conclusion of the Contract” section in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. We do not store 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 secured using the browser’s print function. After receipt of the order, the order data, the legally required information in distance selling, and the General Terms and Conditions will be sent to you again by email.

4. Codes of Conduct

4.1. We have submitted to the Buyer Seal Quality Criteria of Händlerbund Management AG, available at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf .

5. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and Payment Terms

6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2. Shipping costs are not included in the purchase price. They are retrievable via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you unless free shipping has been promised.

6.3. If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

6.4. Any costs incurred for money transfers (transfer or exchange rate fees) must also be borne by you in cases where the delivery is made to an EU country but the payment was initiated from outside the EU.

6.5. The available payment methods are indicated on our website or in the respective offer under a correspondingly labeled button.

6.6. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for immediate payment.

7. Delivery Conditions

7.1. The delivery conditions, 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. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping does not pass to you until the goods are handed over to you – regardless of whether the shipment was insured or not. This does not apply if you have independently commissioned a transport company not named by us or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your own risk.

8. Statutory Warranty Rights

The warranty is subject to the provisions in the “Warranty” section of our General Terms and Conditions (Part I).

These General Terms and Customer Information were created by the IT-law-specialized legal experts of Händlerbund and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. More information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

Last updated: 22.10.2024