ClickCease

AGB

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment conditions
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects
  8. Indemnity in case of infringement of third-party rights
  9. Redeem promotional vouchers
  10. Applicable law
  11. Dispute resolution

 

1. Scope

    1. These General Terms and Conditions (hereinafter "GTC") apply to all orders placed at the online shop verpackungenbestellen.de (www.verpackungenbestellen.de) of Wellstar-Packaging GmbH (hereinafter "Seller"), Managing Director Sebastian Würth. 
    2. Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions. These General Terms and Conditions apply to all contracts concluded between a consumer or company (hereinafter "Customer") and Wellstar-Packaging GmbH via verpackungenbestellen.de regarding the goods presented in the online shop. The inclusion of the Customer's own terms and conditions is hereby expressly prohibited, unless otherwise agreed.
    3. The contract language is exclusively German.
    4.  You can access and print the currently valid General Terms and Conditions at any time on the website  www.verpackungenbestellen.de .

 

2. Conclusion of contract

    1. The presentation of goods in the seller's online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
    2. After the customer has placed the selected goods and/or services in the virtual shopping cart and has completed the electronic ordering process, he or she submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the final button (§ 145 BGB).
    3. Upon receipt of your purchase offer, you will receive an automatically generated email confirming that we have received the order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract is not yet concluded upon confirmation of receipt.
    4. The seller can accept the customer’s offer within five working days,
  • by expressly declaring acceptance of the purchase offer to the customer. For example, by means of a textual order confirmation.
  • by sending the ordered goods to his customer.
  • by requesting the customer to pay for the ordered goods. 

Acceptance of purchase occurs as soon as one of the above-mentioned alternatives occurs. If multiple acceptances occur, the time of the first acceptance of purchase is decisive. If the seller does not accept the purchase within the aforementioned period, this is equivalent to a rejection, with the consequence that the customer is no longer bound by their declaration of intent. 

  1. If the customer selects "PayPal" or "credit card" as the payment method during the ordering process, they also issue a payment order to their payment service provider by clicking the final button in the online ordering process. In this case, Section 2.4 becomes invalid, as the customer initiates the payment transaction, and the seller thus accepts the offer at this point. 
  2. The acceptance period begins on the day the offer is sent by the customer and ends on the expiry of the fifth day.

 

3. Right of withdrawal

    1. In principle, every consumer has the right to withdraw.
    2. The right of withdrawal arises from the seller's cancellation policy  ( https://verpackungenbestellen.de/policies/refund-policy ). 

 

4. Prices and payment terms

    1. The final prices stated do not include VAT. Any additional delivery and shipping costs will be listed separately on the respective product pages.
    2. Various payment options are available to the customer in the online shop.
    3. Payment can be made either via PayPal or credit card.
    4. If you select the "PayPal" payment method, processing will be handled by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full). This requires, among other things, that the customer has opened or already has a PayPal account.
    5. When paying by credit card, the purchase price is reserved on the customer's credit card at the time of the order ("authorization"). The actual charge to the credit card account occurs when the order is shipped.
    6. The customer agrees to receive an invoice electronically.

 

5. Delivery and shipping conditions

    1. Goods will be delivered to the delivery address provided by the customer, unless otherwise agreed. The address provided during the seller's order processing is decisive for the transaction. 
    2. If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances leading to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance.

 

6. Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed from the same order has been paid in full.

 

7. Liability for defects

The statutory liability for defects applies.

 

8. Indemnity in case of infringement of third-party rights

If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims from third parties that they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller promptly , truthfully and completely with all information necessary to examine the claims  and to defend themselves.

 

9. Redemption of promotional vouchers

    1. Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only during the specified period.
    2. Vouchers may exclude individual products if a corresponding restriction arises from the content of the promotional voucher. 
    3. Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
    4. Only one promotional voucher can be redeemed per order.
    5. The value of the goods must equal the minimum amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
    6. If the voucher value is not sufficient to cover the order, the customer can choose a payment method offered by the seller to settle the difference.
    7. The balance of a promotional voucher will not be paid out or accrue interest.
    8. If the customer returns the goods within the scope of his statutory right of withdrawal, the promotional voucher will not be refunded if the goods have been paid for in whole or in part.

 

10. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.  For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

 

11. Dispute resolution

Online dispute resolution pursuant to Art. 14 (1) of the ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at  http://ec.europa.eu/consumers/odr/  .
We are neither obligated nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.  

Zuletzt bearbeitet am: 14.04.2020

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