General Terms and Conditions (GTC)

The following terms and conditions of order, delivery and payment apply to all deliveries and other services of 2pack GmbH Verpackungen.

Our offers are subject to change. Offers expire upon revocation or upon expiry of 5 weeks after the date of the offer. Samples and specimens are non-binding framework specifications. We are permitted to make excess or short deliveries of up to 10 % of the order volume.

Unless otherwise agreed, the prices shall apply to the delivery of goods ex works or ex warehouse without packaging and freight. If a freight-free delivery of goods has been agreed, we shall only be charged the usual costs of shipment. Additional costs due to an additional/alternative special type of shipment requested by the customer (e.g. express goods, express freight, air freight) shall be borne by the customer. Costs for the disposal of packaging shall always be borne by the customer.

In the event of non-compliance with a delivery period expressly promised in writing, the customer shall be obliged to set us a reasonable grace period in writing. If the delivery/service is not provided by the expiry of the grace period, the customer shall only be entitled to withdraw from the contract. Delivery shall be deemed to have taken place as soon as the goods have left our works or warehouse or that of our sub-supplier before the expiry of the deadline.

Unforeseen events such as traffic and operational disruptions, shortages of raw materials and energy, strikes or lockouts shall release us from our delivery obligation for the duration of the disruption and to the extent of its effect. If the hindrance does not end within a reasonable period of time, we shall be entitled to withdraw from the contract in whole or in part.

If the customer refuses delivery without justification, we shall be entitled, without prejudice to other claims, to demand a lump-sum provisional compensation for our costs amounting to 25 % of the agreed remuneration. The customer reserves the right to prove that a lesser damage has been incurred.

The timeliness of payment shall be determined by the receipt of the amount at our unconditional disposal. Payments to our sales representatives shall only be deemed to be fulfilment upon presentation of a written power of attorney for collection. We accept payments by cheque or bill of exchange only on account of performance. If the customer is in default of payment or if justified doubts arise as to his ability to pay, we shall be entitled to declare all claims against him arising from deliveries made immediately due and payable, to demand security for outstanding deliveries before delivery or to withdraw from the contract. The customer may only offset undisputed or legally established claims and may only exercise a right of retention due to such claims that are based on the same contractual relationship.

We retain title to the goods until the claim against the customer arising from the respective delivery has been met in full. The customer is entitled to sell the goods subject to retention of title in the ordinary course of business as long as he fulfils his contractual obligations. If the processing is carried out together with other materials, we shall be deemed to be co-manufacturers and shall acquire co-ownership of the manufactured item in the ratio of the gross invoice value of the reserved goods to that of the other materials. The customer shall assign to us the claims against his customers arising from the resale, including all ancillary rights, in the amount corresponding to the share of the value of our goods according to our invoice in the new claim, taking into account the total purchase costs, but at least in the amount of the invoice value of our delivery. The customer shall remain entitled to collect the claims assigned to us until revoked by us. Upon request, he shall be obliged to inform us at any time of the amount of the claims assigned to us and the names of his respective customers, to provide copies of invoices and proof of delivery free of charge and to grant us or our representatives access to his business premises. We are entitled to disclose the assignment of claims at any time.

If the value of the securities exceeds the claims to be secured by more than 20 %, we as the seller are obliged to release the excess value at the buyer's request.

The customer must notify us immediately of any encroachment by third parties on our property rights. If the customer does not fulfil the above contractual obligations, we are authorised to demand the return of the reserved goods; the customer has no right of possession in this respect.

Complaints due to defects, incorrect deliveries and considerable deviations in quantity, insofar as they are recognisable, are to be notified to us in writing and specified immediately, at the latest within 7 working days after delivery of the goods. For merchants, the provisions on the obligations under commercial law to give notice of defects and to examine the goods (§§ 377 f HGB) shall apply without restriction. In the event of a justified complaint, we shall be entitled, at our discretion, to make a subsequent delivery or to take back the goods. If the rectification or replacement delivery is not successful within a reasonable period of time, the agreed remuneration shall be reduced in accordance with § 472 BGB.

Any claims for damages on the part of the customer which may arise directly or indirectly in connection with the order, delivery or use of our goods, irrespective of the legal grounds, are excluded unless we, our assistants or agents have caused the damage by gross negligence or wilful intent.

The place of performance, payment and fulfilment for all obligations arising from the legal relationship between the parties is Herzebrock-Clarholz.

The exclusive place of jurisdiction for both parties is Rheda-Wiedenbrück. The contractual and non-contractual legal relationships of both parties shall be governed exclusively by German law, as is customary between Germans.

Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by an appropriate provision that comes as close as possible to what the parties intended.

INFORMATION ON ONLINE DISPUTE RESOLUTION: The European Union has established an online platform ("ODR platform") for the out-of-court resolution of consumer disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can find the platform at http://ec.europa.eu/consumers/odr.