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General terms and conditions

GENERAL TERMS AND CONDITIONS OF RECYCLING DUAL GMBH WEBSHOP

§1 General Provisions / Scope of Application

  1. These General Terms and Conditions (hereinafter referred as GTC) apply to companies within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law (hereinafter referred as Client).
  2. The principal is a manufacturer according to Section 3 (14) of the Packaging Act (VerpackG) and, as such, places packaging subject to system participation (Section 3 (8) VerpackG) on the market for the first time within the scope of this Act. The principal as manufacturer is therefore in particular obliged pursuant to section 7 subsection (1) sentence 1 to participate in one or more systems within the meaning of section 3 subsection (16) of the Packaging Act with the packaging placed on the market that is subject to system participation and to register with the Zentrale Stelle (section 3 subsection (18) of the Packaging Act) pursuant to section 9 of the Packaging Act. The Client confirms that it is not a commissioned third party within the meaning of § 35 VerpackG.
  3. These GTC apply to all legal transactions and legal relationships between Recycling Dual GmbH and the client which are established via the online portal “Webshop” of Recycling Dual GmbH. Deviating, conflicting or supplementary terms and conditions of the client or third parties shall only apply if Recycling Dual GmbH has agreed to their validity in writing. The version of the GTC valid at the time of the submission of the offer by the principal shall be authoritative. The GTC can be accessed and saved on the website of Recycling Dual GmbH at recycling-dual.de/agb. They may be adjusted by Recycling Dual GmbH at any time if required. The client will be notified of any amendments in writing or text form. They shall be deemed to have been accepted if the client does not object by e-mail within 4 weeks of notification. In the event of a timely objection, the original GTC shall continue to apply. If the client objects, Recycling Dual GmbH shall be entitled to terminate the contract within 4 weeks to the end of the year.

§ 2 Legal basis / amendments

  1. The basis of these General Terms and Conditions is the Packaging Act (VerpackG) in its currently valid version as well as all applicable ordinances, implementation and enforcement provisions.
  2. Should these legal provisions change more than insignificantly during the term of the contract between the client and Recycling Dual GmbH, the contracting parties undertake to adapt the contract to the changes accordingly, if necessary, within the transitional periods provided for by the respective institutions or until the respective changes come into force. If no agreement is reached within the time limits, each contracting party shall be entitled to terminate all services covered by the contract with one month’s notice to the end of the month.
  3. The Parties are aware that the implementation of this Agreement shall be governed by administrative acts and instructions and other orders of the Zentrale Stelle, such as, for example, examination guidelines to be issued by the Zentrale Stelle for System Auditor. Should the Zentrale Stelle change these administrative acts and instructions and other orders after conclusion of this contract or issue new administrative acts and instructions and other orders relevant to the implementation of this contract, Recycling Dual GmbH shall examine whether this results in changes for the measures taken in this contract for the implementation of the participation. Should this be the case, Recycling Dual GmbH shall inform the client of this and send him a corresponding amendment and/or supplementary agreement to this contract. If the principal does not agree to the amendment and/or supplementary agreement within a period of 4 weeks, each party shall be entitled to terminate the agreement online in “My Account” with a notice period of one month to the end of the month, whereby a termination shall be preceded by a written threat of termination with a notice period of at least two weeks. This provision shall also apply in the event of more than insignificant changes to the law applicable to this contract, in particular the VerpackG.

§ 3 Conclusion of contract / subject matter of contract / use of trademark

  1. The online offer of Recycling Dual GmbH in the webshop is in principle non-binding and subject to change. By entering the complete mandatory details in full in the online offer form and then clicking on the button “I agree to the general Terms and Conditions” and clicks on the payment button afterwards, the client makes a binding offer to conclude a contract on the participation of the packaging produced by him within the meaning of § 3 Para. 14 of the Packaging Act and which is subject to system participation pursuant to § 3 Para. 8 of the Packaging Act as well as the packaging for which he is subject to the manufacturer’s obligations pursuant to the Packaging Act.§ 9 to 11, to the dual system of Recycling Dual GmbH. Recycling Dual GmbH shall confirm acceptance of the offer to the contractor by e-mail.
  2. Recycling Dual GmbH shall participate the packaging reported by the principal in accordance with § 3.1, sentence 2 of the General Terms and Conditions in the Dual System to the extent for which the agreed fee has been prepaid by the principal. Recycling Dual GmbH shall subsequently provide the client with a certificate of the quantities involved in the Dual System by the client. In addition, Recycling Dual GmbH shall inform the principal of the packaging subject to system participation pursuant to Section 20 Paragraph 1 No. 2 VerpackG reported to the Zentrale Stelle pursuant to Section 20 Paragraph 3 VerpackG via the online portal or make it available by e-mail. Quantities ordered and paid for in excess by the principal shall not be charged and shall not be reimbursed.
  3. In accordance with §§ 3.1 and 3.2 of the GTC, the Client has the option to order additional quantities during the year (“additional quantities”). For this purpose, the client places an order for the additional quantity in the calculator of the online portal. The remuneration for this additional quantity shall be notified to the client when the order is placed and may differ from the remuneration for the quantity first ordered. Additional quantities ordered and paid for by the client will not be charged and will not be reimbursed.
  4. The client shall send Recycling Dual GmbH the year-end report for the respective previous year by 30th of January of a calendar year at the latest. If the year-end report is not submitted on time or not at all, Recycling Dual GmbH shall be entitled to use the previously reported quantity for the calculation of the excess and shortfall quantities instead of the year-end report. Recycling Dual GmbH is obliged to participate in the Zentrale Stelle pursuant to Section 19 VerpackG. After the Zentrale Stelle has determined the packaging quantities actually put into circulation in the previous year that are subject to system participation, the Zentrale Stelle then carries out a financial settlement between all participating systems. The equalisation provides for increased fees to be paid by the systems for excess quantities. For smaller quantities, no reimbursement is made to the systems. This being said, the following regulations apply: If the year-end report shows an excess quantity in relation to the individual material fractions, Recycling Dual GmbH shall invoice the client for this excess quantity with a surcharge of 30%. If the year-end report shows a shortfall in the individual material fractions compared to the previously reported quantities, Recycling Dual GmbH shall not be obliged to refund the fees already paid by the client for the shortfall for the reasons stated above.
  5. The Client has the option to order quantities for previous calendar years in accordance with §§ 3.1 and 3.2 of the GTC. For this purpose, the Client shall place an order for this quantity in the calculator of the online portal in accordance with § 3.1, stating the previous calendar year. Section 9.1 shall not apply to this quantity for previous calendar years.
  6. Recycling Dual GmbH shall be entitled to have services from the contract carried out in parts or as a whole by third parties, but this shall not affect the obligations of Recycling Dual GmbH from this contract. This shall also include the right of Recycling Dual GmbH to participate in a system or systems within the meaning of Section 3 (16) of the German Packaging Act (VerpackG) on behalf of the principal, if applicable. Recycling Dual GmbH shall inform the principal of this in due time. The principal hereby gives his consent that all information which the principal receives from the other system shall also be made available to the contractor by the system. If necessary, the principal shall confirm this again separately.
  7. The client is entitled to use the certification logo of Recycling Dual GmbH for the duration of this contract for the sales packaging covered by the contract in compliance with the terms of use. The terms and conditions of use shall be made available by e-mail upon written request. The right of use ends with the expiry date of the contract. The client is not entitled to dispose of this trademark right or to transfer it in whole or in part to third parties without the prior written consent of Recycling Dual GmbH. Recycling Dual GmbH may prohibit the use insofar as it is incompatible with the official approval of the Recycling Dual GmbH system or is contrary to legal regulations.

§ 4 Quantity reports

  1. Upon conclusion of the contract, the principal shall report in the online portal the expected quantity of packaging placed on the market that is subject to system participation for the current calendar year, broken down into the following fractions: PPK (paper/cardboard/carbonate), glass, plastics, aluminium, ferrous metals, other composite packaging, other material and beverage cartons. By 30 November of the current calendar year, the Client must report the packaging volume to be expected for the following calendar year via the online portal. If no report is made by 30th November, the annual quantity reported up to that date shall be used as a basis. It is clarified that the annual quantity is to be understood as the quantity first reported for the current calendar year as weil as the additional quantities pursuant to § 3.3 of the General Terms and Conditions – if any. The quantity report is the basis for invoicing and the payment to be made by the Client. The principal shall fulfil the reporting obligations incumbent upon him pursuant to § 10 VerpackG and shall register with the Zentrale Stelle pursuant to §9. The registration number must be provided to Recycling Dual GmbH upon conclusion of the contract in the online portal. Conclusion of the contract without a registration number is not possible. Unless otherwise specified by Recycling Dual GmbH, all notifications by the principal shall be made exclusively via the portal.

§ 5 Fee / Prices

  1. The client shall pay a fraction-specific and quantity-dependent fee for all services rendered by Recycling Dual GmbH within the framework of this contract. The fee shall be calculated according to the applicable fee per tonne of weight, which shall be indicated to the client by Recycling Dual GmbH upon conclusion of the contract.
  2. Recycling Dual GmbH shall inform the client of changed prices for the next calendar year by 31 th of October of the year at the latest. The client shall have the right to terminate the contract for this reason within 14 calendar days from receipt of the new prices for the following calendar year extraordinarily to the end of the year.
  3. Recycling Dual GmbH reserves the right to adjust the agreed prices by means of a unilateral written declaration to the client; this applies in particular in the event of cost increases in the area of recycling or disposal costs as well as cost increases triggered by changes in statutory regulations. Subsequent price adjustments shall be made exclusively by e-mail and shall come into effect two weeks after announcement. If the client does not object within this period of two weeks after receipt of the price adjustment by e-mail, the amount to be paid subsequently shall be collected or invoiced by Recycling Dual GmbH. If the client has objected in due time and Recycling Dual GmbH insists on the price adjustment despite the client’s objection, the client shall be entitled to terminate the contract at the end of the year.
  4. All agreed prices are net prices and are exclusive of statutory value added tax, insofar as the statutory regulation applies.

§ 6 Terms of Payment / Billing

  1. Upon conclusion of the contract, the client shall pay the entire amount for the corresponding contract year in advance via the payment method selected in the online portal. If payment is not made within 14 days of conclusion of the contract, Recycling Dual GmbH shall be entitled to withdraw from the contract.
  2. For each subsequent calendar year, the remuneration shall be based on the packaging quantity pursuant to § 4 sentences 2 and 3 of the GTC. After 30th of November of the current calendar year the client shall receive a corresponding payment instruction with a payment term of 14 calendar days. After receipt of payment, Recycling Dual GmbH shall send the principal an invoice and a certificate in accordance with § 3.2 of the GTC. Insofar as the client does not pay on the payment instruction within the payment period, Recycling Dual GmbH shall be entitled to terminate the contract without notice after two reminders, each with a payment period of 14 calendar days.
  3. Invoices are issued exclusively by electronic means.
  4. The client shall only be entitled to rights of set-off and retention if its counterclaims are undisputed, expressly recognised by Recycling Dual GmbH or have been established as final and absolute.

§ 7 Confidentiality / data protection

  1. Both parties are obliged to treat the information and data communicated to them for the execution of the contract as strictly confidential. The provisions of the Federal Data Protection Act shall apply.
  2. Recycling Dual GmbH shall only disclose information and data of the principal to third parties if this is required for legal reasons or for the conclusion of a trade credit insurance policy by Recycling Dual GmbH, if Recycling Dual GmbH performs its services through third parties or if disclosure is ordered by authorities and/or courts. Disclosure to third parties by Recycling Dual GmbH is also permissible within the framework of the assertion of payment claims or claims for the submission of reports.

§ 8 Liability

  1. Recycling Dual GmbH shall be liable in cases of intent and gross negligence in accordance with the statutory provisions.
  2. In the event of simple negligence, the liability of Recycling Dual GmbH shall be limited to the breach of essential contractual obligations and the foreseeable damage in this respect. Essential contractual obligations are those whose breach jeopardises the purpose of the contract.
  3. Excluded from the limitation of liability are damages to body and health as weil as lass of life of the client for which Recycling Dual GmbH is responsible.

§ 9 Term / Termination

  1. The contract begins with the acceptance of the client’s offer by Recycling Dual GmbH. The contract runs until the end of the respective calendar year. It shall be extended by a further 12 months in each case if the contract is not terminated with 3 months’ notice before expiry by one of the contracting parties in the online portal at “Cancel contract” is used to cancel the contract. Recycling Dual GmbH is also entitled to send a notice of termination by e-mail. Cancellation before the start of the contract is excluded.
  2. Recycling Dual GmbH shall be entitled to terminate the contract without notice if the client repeatedly culpably breaches its reporting obligations despite a reminder, insolvency proceedings have been opened or the opening has been rejected for Jack of assets.
  3. The right to extraordinary termination for good cause remains unaffected.

§ 10 Final Provisions / Severability Clause

  1. These GTC are subject to the law of the Federal Republic of Germany. The contractual language is English. In the event of a difference in interpretation between the German language version and the English language version, the German language version shall prevail. The German language version can be shown on our website www.recycling-dual.de/agb
  2. The exclusive place of jurisdiction for disputes arising from this contract is the registered office of Recycling Dual GmbH.
  3. Amendments and supplements to the contract must be made in writing. This also applies to the amendment or cancellation of the written form requirement itself.
  4. The place of performance shall be the registered office of Recycling Dual GmbH.
  5. Should one or more provisions of the contract be or become invalid, this shall not affect the validity of the contract as a whole. In this case, the provision that comes closest to the economic intentions of the parties at the time of the conclusion of the contract shall be deemed agreed. This shall also apply in the event of a loophole.