GENERAL TERMS AND CONDITIONS
Our offers are valid for industry, trade, commerce, business and other self-employed persons. We expressly point out that our offers are not directed at private persons and that no delivery is made to private persons!
General terms and conditions and customer information
I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions of business apply to contracts that you conclude with us as the provider (Enviro Group GmbH), unless an amendment is agreed in writing between the parties. Deviating or conflicting terms and conditions of business are only valid with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding the legal transaction (entrepreneur). A conclusion of contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The essential characteristics of the goods are to be found in the respective offer.
(2) As soon as the respective product is placed on our website, we submit a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the „shopping cart“. By clicking on the corresponding button in the navigation bar you can call up the „shopping cart“ and make changes there at any time.
After calling up the „Checkout“ page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before sending the order, you have the possibility to check all details again, to change them (also by using the function „back“ of the internet browser) or to cancel the purchase. By submitting the order by clicking on the corresponding button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) You can also submit a binding offer to enter a contract (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone 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).
Should you not receive a corresponding message within this period, you are no longer bound to your order. In this case, any services already rendered will be reimbursed immediately.
(5) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we will be bound for 5 days. You accept the offer with confirmation in text form.
(6) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partially automatically by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(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 or at the latest immediately after conclusion of the contract by e-mail. Any specifications we may have regarding file formats shall be observed.
(2) You undertake not to transmit any data whose contents infringe the rights of third parties (copyrights, rights to a name, trademark rights) or violate existing laws. You expressly indemnify us against all third-party claims asserted in this connection. This also applies to the costs of legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore do not assume any liability for errors.
(4) Insofar as stated in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, please release the correction template for execution by countersigning it in text form (e.g. e-mail). The design work will not be carried out without your approval. You are responsible for checking the correction template for correctness and completeness and for notifying us of any errors. We do not assume any liability for unobjected errors.
(5) In the case of designs, we reserve the right to deliver up to 20% more or less for production reasons.
§ 4 Prices, terms of payment and shipping costs
(1) The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price; they are calculated separately, unless delivery free of shipping costs has been promised. Further details can be found under an appropriately designated button on our website or in the respective offer.
(3) Arising costs of money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
(4) You have the payment options shown under an appropriately designated button on our website or in the respective offer. If no other payment period is indicated 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 if expressly stated in the respective offer or invoice.
(5) If a notification of delivery is requested, € 7.95 plus VAT will be charged per notified delivery.
Statutory value added tax will be charged.
(6) HGW toll charges issued by transport companies will be passed on.
This does not apply to orders placed in the online store.
(7) We charge an additional environmental and service fee per order in the following amount (plus VAT in each case):
– less than € 300 net order value = € 2.58
– from € 300 to € 600 net order value = € 3.92
– from 600 € net order value = € 5.68
§ 5 Terms of delivery
(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. In the case of payment in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
(2) Should a product ordered by you not be available against expectation despite timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately about the non-availability and in case of withdrawal any payments already made will be refunded immediately.
(3) The shipment is at your risk. If you wish, the shipment will be made with an appropriate transport insurance, whereby the costs arising from this are to be borne by you.
(4) Partial deliveries are permissible and can be invoiced by us independently, if you are not charged with additional costs for the shipment.
§ 6 Special provisions for blanket contracts
(1) Blanket contracts are not concluded via our website www.enviropack.de (online shopping basket 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 contracts
a) If you do not take delivery of the goods within the periods or on the dates specified in the blanket contract, we will charge you storage costs of € 4.90 (plus VAT) per pallet space and month from this point in time. The storage period is limited to a period of 6 months.
b) In the event of raw material price changes of ±15% or more, 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/tonne, or PP Bopp Film FD Assessment Domestic Full Market Range (Mid): EUR/tonne, or PVC FD EU Assessment Spot 4-6 Weeks Full Market Range (Mid): EUR/tonne, 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 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 us the goods within 5 days to the following address; 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
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 undamaged, with the original labels and in the original packaging.
Otherwise the right of return cannot be exercised.
(4) The right of return does not apply to the following goods:
– Hygiene articles
– Goods that are not regularly stocked in the online shop www.enviropack.de and have been specially ordered, produced or customised for a customer
(5) You bear the costs and risk of returning the goods.
(6) If you exercise your 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 purchase price paid, less the handling fee, will be refunded to you within 14 days of receipt of the goods by us.
However, if the goods are returned without prior contact with us, the purchase price less handling charges will only be refunded within 14 – 30 days of 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 shop cart system or other regulations subject to the Distance Selling Act (Fernabsatzgesetz), you have a right of return of 30 days from receipt of the goods 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 online shop enviropack.de and that were specially ordered, produced or customised 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 culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
(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 provide warranty at our discretion either by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or 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 transport of the goods to a location other than the place of fulfilment, provided that the transport 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 arising from the same contractual relationship.
(2) We reserve 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 reserved goods, pledging or transfer by way of security is not permitted.
(3) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.
(4) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title 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 realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 11 Choice of law, place of fulfilment, 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 fulfilment and jurisdiction is our registered office if you are 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.
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II. customer information
1. identity of the seller
Enviro Group GmbH
Kalteiche-Ring 65
35708 Haiger
Germany
Phone: 02773747800
e-mail: mail@enviro-group.de
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the possibilities of correction are carried out according to § 2 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 is not stored by us. Before sending the order or the inquiry, the contract data can be printed or electronically saved using the print function of the browser.
These terms and conditions have been drawn up by the lawyers of the dealer association specialising in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find further information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 01.04.2024.