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
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (RAPIDPACK GmbH) via the www.verpacking.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
§ 4 Special agreements related to the offered payment methods
(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to verband der vereine creditreform e.v, Hammerfelddamm 12, 41460 Neuss, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
RAPIDPACK GmbH
Neuenhagener Chaussee 2
15366 Hoppegarten
Germany
Telephone: +4930221846600
E-Mail: info@verpacking.com
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Codes of conduct
4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/
5. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
6. Prices and payment arrangements
6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
6.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
6.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
6.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
6.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
7. Delivery conditions
7.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
8. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 22.10.2024