Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded with us as the provider (Polytec Kunststoffverarbeitung GmbH & Co. KG) via the website www.polytec-verpackung.de. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly objected to.
(2) A consumer in the sense of these regulations is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a legally capable partnership who, when entering into a legal transaction, acts in exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” via the corresponding button in the navigation bar and make changes at any time.
After accessing the “checkout” page and entering your personal details as well as payment and shipping conditions, the order data will be displayed again as an order overview.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
In the case of a redirection, you make the appropriate selection or entry of your data there. Finally, the order data will be displayed as an order overview either on the website of the instant payment system provider or, after you have been redirected back to our online shop.
Before submitting the order, you have the option to check and modify the information in the order overview (also via the “back” function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay” or similar wording), you legally declare the acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries for an offer are non-binding for you. We will send you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information necessary for the conclusion of the contract will take place via e-mail, partly automated. You must therefore ensure that the e-mail address you provide to us is correct, that the receipt of e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 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) The goods remain our property until full payment of the purchase price.
§ 4 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has his/her habitual residence (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
II. Customer Information
1. Identity of the Seller
Polytec Kunststoffverarbeitung GmbH & Co. KG
Lise-Meitner-Str. 13
48691 Vreden
Germany
Phone: 02564-9317-0
E-Mail: service@polytec-verpackung.de
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The complete contract text will not be stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser’s print function. After receipt of the order by us, the order data, the legally required information in distance selling contracts, and the general terms and conditions will be sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g., by e-mail, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Conditions
5.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the order process, and are to be borne by you additionally, unless free shipping has been promised.
5.3. The available payment methods are indicated via a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise specified for the individual payment methods, payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found via a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment does not pass to you until the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These terms and conditions and customer information have been created by lawyers specialized in IT law from Händlerbund and are continuously checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 27.10.2020