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General terms and conditions

1 GENERAL PROVISIONS / SCOPE OF APPLICATION

  1. These General Terms and Conditions (hereinafter referred to as GTC) shall apply to companies within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law
  2. (hereinafter referred to as the customer).
  3. The customer is a manufacturer pursuant to § 3 (14) of the German VerpackG and, as such, places packaging subject to system participation § 3 (8) VerpackG on the market for the first time within the scope of this Act. The ordering party as manufacturer is therefore obliged in particular to participate in one or more systems within the meaning of § 3 (16) of the VerpackG in accordance with § 7 (1) sentence 1 with the packaging placed on the market that is subject to system participation and to register with the central office § 3 (18) of the VerpackG in accordance with § 9 of the VerpackG. The customer confirms that he is not a commissioned third party within the meaning of § 35 VerpackG.
  4. These General Terms and Conditions shall apply to all legal transactions and legal relationships between Recycling Dual GmbH and the customer which are established via the online portal “Webshop” of Recycling Dual GmbH. Deviating, conflicting or supplementary terms and conditions of business of the customer 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 submission of the offer by the customer shall be authoritative. The GTC can be accessed and saved on the website of Recycling Dual GmbH at www.recycling-dual.de/agb. They may be amended by Recycling Dual GmbH at any time if required. The customer shall be notified of any amendments in writing or text form. They shall be deemed to have been accepted if the customer does not object within 4 weeks of notification. In the event of an objection within the specified period, the original GTC shall continue to apply.

2 LEGAL BASIS / AMENDMENTS

  1. These General Terms and Conditions shall be based on the current version of the Verpackungsgesetz (VerpackG) as well as all applicable ordinances, implementation and enforcement provisions.
  2. In the event that these legal provisions should undergo more than insignificant changes during the term of the contract between the customer and Recycling Dual GmbH, the contracting parties undertake to adapt the contract accordingly, to the extent necessary, to the changes within the transitional periods provided for by the respective institutions or until the respective changes come into force. In the event that no agreement is reached within the deadlines, 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 administrative acts and instructions and other orders of the Central Office are decisive for the implementation of this contract, such as, for example, test guidelines for system auditors to be issued by the Central Office. Should the Central Body amend these administrative acts and directives and other orders after the conclusion of this agreement or issue new administrative acts and directives and other orders relevant to the implementation of this agreement, Recycling Dual shall examine whether this results in changes for the measures taken in this Agreement for the implementation of participation. Should this be the case, Recycling Dual shall inform the customer thereof and send him a corresponding amendment and/or supplement to this agreement. If the customer 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 Customer Account” with a notice period of one month to the end of the month, whereby a termination must 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 THE CONTRACT / SUBJECT MATTER OF THE CONTRACT / TRADEMARK USE

  1. the online offer made by Recycling Dual GmbH in the web store is fundamentally non-binding and subject to confirmation. By completely entering the mandatory data in the online offer form and subsequently clicking on the button “Order with obligation to pay”, the customer makes a binding offer to conclude a contract on the participation in the dual system of Recycling Dual GmbH of the packaging produced by him within the meaning of § 3 (14) VerpackG and packaging subject to system participation pursuant to § 3 (8) VerpackG as well as packaging for which he is subject to the producer obligations pursuant to § 9 to § 11. Recycling Dual confirms the acceptance of the offer to the customer by e-mail. Recycling Dual GmbH is free to reject the offer of the customer without giving reasons.
  2. Recycling Dual GmbH shall participate the packaging reported by the customer in accordance with § 3 (1), No. 2 of the General Terms and Conditions in the Dual System to the extent for which the agreed fee has been prepaid by the customer. Recycling Dual GmbH shall subsequently provide the customer with a certificate of the volumes involved in the Dual System by the customer. In addition, Recycling Dual shall notify the customer via the online portal of the packaging subject to system participation pursuant to § 20 (1) No. 2 of the German VerpackG which has been reported to the central office pursuant to § 20 (3) of the German VerpackG. Volumes ordered and paid for in excess by the customer shall not be charged and shall not be reimbursed.
  3. The Customer has the option to order additional volumes during the year in accordance with § 3 (1) and § 3 (2) of the GTC (“Additional Volumes”). For this purpose, the customer shall place an order for the additional volume in its personal area of the online portal in accordance with § 3 (1). The remuneration for this additional volume shall be notified to the customer at the time of the order and may differ from the remuneration for the volume first ordered. Additional volumes ordered and paid by the Customer shall not be charged and shall not be reimbursed.
  4. The customer may order volumes for previous calendar years in accordance with § 3 (1) and § 3 (2) of the General Terms and Conditions. For this purpose, the Customer shall place an order for this volume in its personal area of the online portal in accordance with § 3 (1), stating the previous calendar year. § 9 (1) shall not apply to this volume for past calendar years.
  5. Recycling Dual GmbH shall be entitled to have services arising from the contract performed in part or as a whole by third parties, but this shall not affect the obligations of Recycling Dual GmbH arising from this contract. This shall also include the right of Recycling Dual to participate in a system or systems within the meaning of § 3 (16) of the German VerpackG on behalf of the ordering party, if applicable. Recycling Dual shall inform the ordering party of this in good time. The customer hereby gives his consent that all information which the customer receives from the other system shall also be made available to the customer by the system. If necessary, the customer shall confirm this again separately.
  6. The customer shall be entitled to use the certification logo of Recycling Dual GmbH for the duration of this contract for the sales packaging covered by the contract, subject to the terms of use. The terms of use shall be made available by e-mail upon written request. The right of use shall end on the expiration date of the contract. The customer shall not be entitled to dispose of this trademark usage right or to transfer it in whole or in part to third parties without the prior written consent of Recycling Dual GmbH.

4 VOLUME REPORTS

  1. Upon conclusion of the contract, the customer shall report in the online portal the probable volume of packaging put into circulation which is subject to system participation for the current calendar year separately according to the fractions PPK (paper/paperboard/cardboard), glass , plastics, aluminium, ferrous metals, other composite packaging, other material and beverage carton packaging. For each subsequent calendar year, the customer must report the expected packaging volume via the online portal by January 15 at the latest. If no report is made by January 15, the previous year’s volume reported by then shall be used as a basis. It is clarified that the previous year’s volume is to be understood as the volume reported first as well as the additional volumes pursuant to § 3 (3) of the General Terms and Conditions – if any. The volume report shall be the basis for the invoicing and the payment to be made by the customer. The customer shall fulfil the reporting obligations incumbent upon him pursuant to § 10, 33 of the VerpackG and shall register with the central office pursuant to §§ 9, 33. The registration number must be provided to Recycling Dual GmbH upon conclusion of the contract in the online portal. It is not possible to conclude the contract without a registration number. Unless otherwise specified by Recycling Dual, all notifications by the customer shall be made exclusively via the portal.

5 REMUNERATION / PRICES

  1. The customer shall pay a fraction-specific and volume-dependent fee for all services provided by Recycling Dual within the framework of this contract. The fee shall be calculated on the basis of the applicable fee per ton of weight, which shall be specified to the customer by Recycling Dual GmbH upon conclusion of the contract.
  2. Recycling Dual shall inform the customer of the prices for the respective subsequent calendar year by 30.11. of the year at the latest. The customer shall have the right to terminate the contract for this reason within 14 calendar days of receipt of the new prices for the following calendar year with extraordinary effect as of 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 customer; this shall apply 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 take effect two weeks after announcement. If the customer 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 by Recycling Dual. If the customer has objected in due time and Recycling Dual GmbH insists on the price adjustment despite the customer’s objection, the customer shall be entitled to terminate the contract with effect from the end of the year.
  4. All agreed prices shall be net prices and shall be exclusive of statutory value added tax.

6 TERMS OF PAYMENT / BILLING

  1. the customer shall pay the entire amount for the corresponding contract year in advance upon conclusion of the contract via the payment method selected in the online portal. If payment is not made within 14 days of the 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 volume in accordance with § 4 (2) and (3) of the General Terms and Conditions. The resulting amount shall be collected on 31.01. by means of the corresponding advance payment. Subsequently, the Contractor shall issue a certificate in accordance with § 3 (2).
  3. Invoicing shall be carried out exclusively by electronic means.
  4. The customer shall only be entitled to rights of set-off and retention insofar as its counterclaims are undisputed, expressly acknowledged by Recycling Dual or have been established as final and absolute by a court of law.

7 CONFIDENTIALITY / DATA PROTECTION

  1. Both parties shall be obliged to treat the information and data communicated to them for the purpose of implementing the contract as strictly confidential. The provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) shall apply.
  2. Recycling Dual GmbH shall only disclose information and data of the customer to third parties if this is required for legal reasons or for the conclusion of a trade credit insurance policy by Recycling Dual GmbH. Recycling Dual carries out its services through third parties or in the event of an order for disclosure by authorities and/or courts. Disclosure to third parties by Recycling Dual GmbH shall also be 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 violation endangers the purpose of the contract.
  3. Excluded from the limitation of liability are damages to body and health for which Recycling Dual GmbH is responsible as well as loss of life of the customer.

9 TERM / TERMINATION

  1. The contract shall commence upon acceptance of the customer’s offer by Recycling Dual. The contract shall run 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 by one of the contracting parties in the online portal under “Terminate contract” with a notice period of 3 months prior to expiry. RD is also entitled to send a notice of termination by e-mail. A termination before the beginning of the contract is excluded.
  2. Recycling Dual GmbH shall be entitled to terminate the contract without notice if the customer repeatedly and culpably violates his reporting obligations despite a reminder, if a petition for insolvency has been filed against his assets or if the conditions for filing a petition for insolvency exist, if insolvency proceedings have been opened or if the opening of insolvency proceedings has been rejected due to lack of assets.
  3. the right to extraordinary termination for good cause shall remain unaffected.

10 FINAL PROVISIONS / SEVERABILITY CLAUSE

  1. These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany. The contractual language is English or German.
  2. The exclusive place of jurisdiction for disputes arising from this contract shall be the registered office of Recycling Dual GmbH.
  3. Amendments and supplements to the contract must be made in writing. This shall also apply to any 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 which comes closest to the economic intentions of the parties at the time of the conclusion of the contract shall be deemed to have been agreed. This shall also apply in the event of a loophole.

 

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. Here you find the englisch version on the terms and conditions.