GENERAL TERMS AND CONDITIONS AND CUSTOMER INFORMATION
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider(Enviro Group GmbH) via the website www.enviropack.de or via other means of remote communication, unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2 ) We only offer you our products for purchase under the following terms and conditions if you are a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur).
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
(2) By placing products on our website we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated 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 the personal data and the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before sending the order, you have the option to review the information in the order overview, change (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the appropriate button ("Buy now", "Pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) You can also make a binding offer to enter into a contract (order) by telephone, e-mail, fax, post or other means of remote communication.
The acceptance of the offer (and thus the conclusion of the contract) takes place in the case of orders by telephone immediately or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(5) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you may accept within 5 days (unless a different period is specified in the respective offer).
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods, over/under deliveries
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system, with your request or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
(4) Insofar as specified in the respective offer, you will receive a draft proof from us, which you must check without delay. If you agree with the draft, you will release the proof by countersigning it in text form (e.g. e-mail) for execution.
The design work will not be executed without your approval.
You are responsible for checking the proof for correctness and completeness and notifying us of any errors. We do not accept any liability for errors that have not been objected to.
(5) In cases of individual design of goods, we are entitled to over or under-deliveries, provided that the following conditions are met:
- technical production constraints require the change in quantity and
- it is a quantity deviation customary in the industry up to a maximum of 20% and
- you can reasonably be expected to accept this change in quantity.
The quantity actually delivered will be invoiced.
§ 4 Prices, terms of payment and shipping costs
(1) Unless expressly stated otherwise, the prices quoted in the respective offers and the shipping costs are net prices. These do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are to be borne by you in addition, unless free shipping has been promised.
When ordering via the online shopping cart system, the shipping costs can be called up via a correspondingly designated button on our website or in the respective offer and are shown separately in the course of the online ordering process.
In the case of requests for offers, the shipping costs are calculated separately according to expenditure; the further details can be found in the respective offer.
(3) Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of the credit institutions) shall be borne by you if the payment was initiated outside the European Union.
(4) You have the payment options shown under a correspondingly designated button on our Internet presence or in the respective offer.
Insofar as no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately.
The deduction of discounts is only permissible insofar as expressly shown in the respective offer or in the invoice.
(5) If notification of delivery is requested, €7.95 plus VAT will be charged per notified delivery.
(6) Toll charges levied by transport companies will be passed on. This does not apply to orders in the online shop.
(7 ) We charge an additional environmental and service fee per order in the following amount (plus VAT in each case)*:
- under €300 net order value = €2.58
- from €300 to €600 net order value = €3.92
- from €600 net order value = €5.68
*does not apply to orders in the online shopping cart system.
§ 5 Delivery conditions
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
If payment is made in advance by bank transfer, the goods will not be dispatched until we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately about the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) Shipment shall be at your risk. If you wish, the shipment will be carried out with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and may be invoiced by us independently, provided that you are not burdened with additional shipping costs as a result.
§ 6 Special provisions for blanket agreements
(1) Blanket agreements shall not be concluded via our website www.enviropack.de (online shopping cart system), but exclusively via other means of distance communication (e.g. by telephone, e-mail, fax) or in person.
(2) Unless otherwise agreed individually, the following provisions shall apply to blanket agreements
a) If you do not take delivery of the goods within the periods or on the dates specified in the blanket agreement, we will charge you storage costs of €4.90 (plus VAT) per pallet space and month from this point onwards. The storage period is limited to a period of 6 months.
b) In the event of raw material price changes of minimum ±15%, a corresponding price adjustment can be made in consultation with you. The basis is the ICIS value valid on the 1st of the month in which the order is placed:PE LLDPE Hexene C6 FD NWE Assessment Spot Full Market Range (High): EUR/ton, or PP Bopp Film FD Assessment Domestic Full Market Range (Mid): EUR/ton, or PVC FD EU Assessment Spot 4-6 Weeks Full Market Range (Mid): EUR/ton, or Acrylate Esters Europe, or EUWID value.
§ 7 Right of return for business customers
(1 ) For orders placed via the online shopping cart system, we grant you a voluntary right of return of 30 days from receipt of the goods in accordance with the following conditions.
(2) To exercise the right of return, you must contact us within the return period by telephone (02773747800), by fax (0277374780780) or by e-mail (mail@enviro-group.de).
You must then send us the goods within 5 days to the following address, the date of receipt of the goods by us is decisive:
Leopold Schäfer GmbH
c/o Enviro Group GmbH
Am Sportplatz 3-5
57629 Norken
If the goods are sent within the return period without prior contact with us, we will charge you an additional handling fee of 20% of the purchase price.
(3) The goods must not show any signs of use and must be returned intact, with the original labels and in the original packaging.
Otherwise, no exercise of the right of return is possible.
(4) The right of return does not apply to the following goods:
- Hygiene articles
- Goods that are not regularly listed in the online store www.enviropack.de and were specially ordered, produced or individualized for a customer
(5) You shall bear the costs and risk of returning the goods.
(6) When exercising the right of return, we will charge you a handling fee of 10% of the purchase price, but at least 5.00 euros net.
(7) The paid purchase price minus the handling fee will be refunded to you within 14 days from receipt of the goods by us.
In case of return of the goods without prior contact with us, however, the refund of the purchase price minus the handling fee will be made only within 14 - 30 days from receipt of the goods by us.
§ 8 Right of return for private customers
(1 ) The statutory provisions apply to private customers. For orders placed via the online shopping cart system or other regulations subject to the Distance Selling Act, you have the right to return the goods within 30 days of receipt in accordance with the following conditions.
(2 ) To exercise your right of return, you must contact us by telephone (02773747800), fax (0277374780780) or e-mail (mail@enviro-group.de) within the return period. You must then send the goods to the following address within the statutory period; the time of receipt of the goods by us is decisive:
Leopold Schäfer GmbH
c/o Enviro Group GmbH
Am Sportplatz 3-5
57629 Norken
(3 ) The right of return does not apply to goods that are not regularly listed in the enviropack.de online store and were ordered, produced or customized specifically for a customer.
(4 ) You shall bear the costs and risk of returning the goods.
§ 9 Warranty
(1) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by 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 which have been used for a building in accordance with their customary manner of use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
(2) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
§ 10 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. Insofar as you do not properly meet your payment obligations, we reserve the right, however, to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we shall 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.
(5) We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 11 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance as well as the place of jurisdiction shall be our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU.
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II. customer information
1. identity of the provider
Enviro Group GmbH
Kalteiche-Ring 65
35708 Haiger
Germany
Phone: 02773747800
E-mail: mail@enviropack.de
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. contract language, contract text storage
3.1 The contractual language is German.
3.2 The complete text of the contract will not be stored by us. Before sending the order or the request, the contract data can be printed out or electronically saved via the print function of the browser.
4. codes of conduct
We have subjected ourselves to the quality criteria of Trusted Shops GmbH, viewable at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 01.04.2024.