Standard Business Terms and customer information
1. General details
The following business terms are applicable to all the contracts, which you conclude with us as a supplier (IPS Karton.eu GmbH & Co. KG) via the www.karton.eu website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
2. Subject matter of the contract
The subject-matter of the contract is the selling of products. The details of the product can be found in the description of the product and additional information on the internet page www.karton.eu.
3. Offer, prices, shipping charges, payment methods / creditworthiness check / additional costs
Our offers on the website are non-binding and are not a binding offer to conclude a contract.
You can use the online shopping cart system to place a binding offer of purchase (order). Here, the goods meant for purchase are stored in the ‘Shopping cart’. You can use the respective button in the navigation bar to call up the “shopping cart” and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment and shipping conditions have been entered, all the order data is displayed again on the order overview page. Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When the order is placed using the “Place order in conjunction with a liability to pay” button, you are considered to have made a binding offer to us. You then receive an automatically-generated email regarding the receipt of your order. This email does not yet lead to the conclusion of a contract.
The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question. We reserve the right to reject the taking on an order; we will immediately inform the customer about this. The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
The prices quoted in our assortment are net prices plus arising taxes. These are shown in the concrete offer and are expelled in the virtual goods basket separately. The prices valid on the day of the order and shown in the offers are valid.
For deliveries within Germany (except islands) arise no shipping charges. Special dispatch ways and express deliveries requested by the customer are excepted from this. The customer will be charged with the additional arising shipping costs. The shipping costs to abroad and to German islands vary according to the shipping volume and will be calculated separately after the order and will be communicated to the customer. The contract takes place in this case only after confirmation of the takeover of the shipping costs by the customer.
Dispatch of invoice / payment methods / creditworthiness check / additional costs
The invoice will send on the electronical way to the email address quoted by the customer.
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg, for a validity check using a mathematical-statistic process to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note based on the results of the validity check.
Besides payment on invoice and debit note we offer the payment by pre-register, PayPal, credit card or immediately transfer. The received payment on our account or a payment piece of evidence bank confirmed by mail (firstname.lastname@example.org) or fax (03563-3480320) is the basis for the dispatch of the product.
By purchase on invoice the price has to be paid within 14 days from receipt of the payment; decisive is the receipt of the sum. The customer falls behind if the credit period of 14 days is exceeded.
The customer assures to have informed us about his entire and correct address as well as in case of the direct debit the correct banking details. If it comes to additional costs due to the customer of indebted faulty address data / account data or due to the lack of account cover to additional costs with the consignment or the bank move – e.g. repeated shipping costs or costs for the reject debit – the customer must replace these.
Wrong orders by the customer will be taken back by goodwill. Arising costs for the back transport as well as handling charges and restoring fees are charged to the customer. The amount of the arising costs vary with the return volume and will be communicated to the customer in a special offer.
4. Delivery and dispatch conditions, risk taking
a) The delivery date indicated in the order confirmation is valid. The delivery period starts on the following day of the order.
Example 1: delivery time 1-3 working days, day of ordering Monday, delivery time till Thursday
Example 2: delivery time 1-3 working days, day of ordering Thursday, delivery time till Tuesday
The delivery period extends -even within a delivery delay- with the occurrence of unexpected problems, which the deliverer couldn’t turn away despite care – no matter if occurred in the supplier’s or his subcontractor’s storage – e.g. interruption of operation, official intervention, industrial action as strike or lockouts, delays on delivery of raw material or in case of force majeure. The deliverer has immediately to inform the customer with these problems. With belated changes of the delivery contract, which can influence the delivery period, this prolongs itself provided that special agreement on it are not reached on an adequate scale.
b) The delivery of the product is carried out with a package service provider / forwarding agency of our choice to the address given by the customer. Deliveries to packing stations are not possible. The standard delivery by forwarding agency occurs free to kerb edge.
c) The customer ensures to communicate his complete and correct address. If it comes to additional costs due to the customer of indebted faulty address data – e.g. repeated shipping costs – the customer must replace these.
d) The danger of the coincidental decline and deterioration of the sold thing changes with the handing over of the product to the customer, a person authorized to receive or in case of the sales shipment already with the delivery of the product to a suitable delivery person.
If the delivery of the product is, on request of the customer, not immediately carried out after existence of the dispatch readiness, the shipping risk with the communication of the dispatch readiness to the customer devolves to the customer.
If the customer comes to acceptance delay, the danger of the coincidental decline and deterioration devolves to him; reserved in this case remains the assertion of compensation.
e) We are entitled to raise a general reimbursement of expenses at the rate of 20 % of the invoice amount by non-acceptance of the product, in which the buyer the proof remains permitted, that a damage has not arisen for us at all in this height or it is lower than the lump sum.
f) If pallets are delivered to the buyer, then these have to be given back immediately in the exchange way. If no pallets are given back, we reserve us to bill the customer for these pallets separately.
g) With part deliveries the number of pieces can be distributed after our judgement to the single deliveries. We are not liable for insignificant number faults.
5. Printed special model
5.1 General information
The customer explains to have purchased any for the use in the ordered products required copyright and trademark laws, rights for slogans, names or person pictures. Their use by the company IPS Karton.eu GmbH & Co. KG does not violate any trade uses and is no dishonest competition. The customer ensures that contents and form of the ordered product does not encroach the rights of third parties. The customer carries the individual liability for the violation of these rights, particularly intellectual right of ownership which have arisen from the customer in an ordered product of an element delivered by the customer.
Environmentally friendly water-colour without chemical firming agent is used. These colours are not suitable for contact with water and humidity. With sending of the final drawing you receive some information if the digital printing process is used with the printing of your cardboard box.
5.2. Amount deviations with cardboard packaging and adhesive tape special models
We reserve ourselves following excess or short delivery with cardboard special models which are also valid for replacement deliveries:
With orders up to 500 pieces: 30 % up to 1,000 pieces: 20 % up to 3,000 pieces: 10 %
With adhesive tape special models, we reserve us an excess or short delivery of 10 %.
Only the actually delivered quantity will be charged.
5.3. Special single costs
Cliché, stencil or other once only costs are charged separately and calculated only to pure prime costs. The deliverer takes on the necessary services, mending or smaller changes for this. By the payment of these so-called proportionate costs by the customer, these materials become the customers property. The supplier is only liable for these materials at intention or gross negligence. The material is sorted out and destroyed for store reasons after a retention time from 2 years according to the last order.
5.4. Print approval
At first the customer receives a digital sketch with printed special models (adhesive tape, cardboard). Only after written confirmation and print approval of the sketch by the customer, the order is authorized for the production. It is pointed out explicitly that with wrong print approval we cannot take any costs for the wrong or new production.
5.5. Cancellation fee for special models
A cancellation of a special model after more than 3 working days causes cancellation/expenditure costs with an amount of 30 % of the order value. After completion of the product a cancellation is no longer possible.
5.6. Warranty printed adhesive tape
We ensure a 6-month guarantee from delivery date for quality defects (band breaks when dispensing or sticks badly). Precondition for this is that the adhesive tapes are stored and used at room temperature.
6. Guarantee and warranty conditions
The delivered product is regarded as accepted without faults provided that the buyer does not prove that the product was immediately examined after delivery for deviations in quality and quantity and a defect shown. Obvious defects must be quoted by the customer immediately after receipt of the product to the contact data quoted in the imprint. The assertion of the warranty claims is excluded at violation of the examination duty and the requirement to give notice of defects. For compliance with the time-limit it is enough to dispatch the notice of defects punctually by telephone, mail, e-mail or fax.
For defects of the product we provide, after own choice, guarantee by repair or replacement delivery. With businessmen the period of limitation for warranty claims regularly is a year from delivery to the customer. There is no guarantee in case of damages which have resulted from an improper use or treatment of the product. The same applies to a so-called wanted attrition. The presentation of the articles on the pages of the internet shop can be considered as a pure performance description and does not contain any guarantee for the composition or durability of the offered goods. Colour deviations of the product picture are possible depending on the screen and graphic card settings. Only our own details and product description apply to the composition of the product, not other advertising, public extolling and remarks of the manufacturer.
Because of minor deviations, no guarantee claims can be derived against the supplier when samples to view are sent to the customer. For assured or from the buyer expected qualities and possible applications no liability is assumed. Measure tolerances of 2 % or maximum 6 mm are valid as minor deviations. With folding boxes with flap bond, a gap size up to 6 mm is in the tolerance range.
We are fully liable for damages from the injury of the life, the body or the health. Further we are liable without reservations in any case of the intention and gross negligence in case of cunningly hiding of a defect, in case of takeover of the guarantee for the composition of the purchase object and in all other legislated cases.
Provided that essential contractual duties are concerned, our liability is restricted, with easy negligence, to the contract typical, foreseeable damage. Essential contractual duties are essential duties, which result from the nature of the contract and of which an injury would endanger the attainment of the contract purpose as well as duties, which the contract according to his contents imposes us for the attainment of the contract of which fulfilment makes the proper execution of the contract possible at all and on which realization you are allowed to trust in regularly. The liability is excluded at slightly negligent breaches of duty at the injury of insignificant contractual duties.
With the current state of the art, the data communication via internet cannot be ensured to be available at any time and/or without faults. We are in this respect liable neither for the permanent nor uninterrupted availability of the web page and the service offered there.
8. Reservation of ownership
The goods remain our property until the purchase price is paid in full. We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
9. Pictures and descriptions
Pictures and descriptions are our property. Not approved copy of pictures and descriptions will be criminally pursued in the whole or in parts; Copyright infringements lead to claims for damage.
10. Data protection
General notes: This data protection explanation only applies to sides which are located in our responsibility and access area. We point out that all internet users leave tracks with the visit of web pages. This can make a later identification e.g. with the IP number possible. With the use of our home page, statistical data about access of this web page (number of the called pages per day and week, ranking of the frequented pages, ranking of the clicked-on links to external pages) are gathered and saved from out hosting contracting partner. This happens in agreement with the valid Data Protection Acts and for purely internal purposes.
Forms and input masks: If you put data in forms or input masks on our homepage, this happens voluntarily. With sending the data you revocable agree to the storage and other use of the data. The processing of your data occurs exclusively for the purpose which the input has. This purpose is obvious from the input mask. If you have given an electronic consent statement about your data, these are stored electronically and can be called by you any time. The data are not passed on to third parties. At the conveyance of confidential data an arrangement should be met before in the individual case. On your request, these data will be deleted by us immediately, if they, for example, aren't needed for the order processing any more.
Web analysis (Google Analytics): We use Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, these are text files, which are stored on your computer and which make an analysis about the use of our web page by you possible for us. The information about the use of our web page (including IP address) caused by this cookie will be transferred to a Google server in the USA and stored there. Google will use this information to evaluate your use of our web page, to compile reports about your web pages for us and to produce further services connected to the web page use and the internet use. Google can transfer this information also to third parties provided that mandatory or as far as third parties process these data in the order of Google. Google will not associate your IP address with other data from Google. You can prevent the installation of the cookies by a relevant setting of your browser; we point out, that in this case it cannot be guaranteed, that you can use all functions of our web page. With the use of our web site you agree to the processing of the data imposed from you by google in the way described before and for the purpose named before.
According to the arrangements of the packaging regulation, we are committed to take back packings of our products, which do not carry the sign of a system of full-coverage disposal (such as the green point – “Grüner Punkt” - of the Duales System Deutschland AG or the RESY Organisation for Wertstoffentsorgung GmbH), and provide for their reuse or disposal. For the further clarification of the return of such products please contact us (email@example.com). We name you a local collection point or a disposal enterprise in your surrounding which accepts the packings for free. If this should not be possible, you have the possibility to send the packing to us. The packings are used again by us or disposed according to the arrangements of the packaging regulation.
12. Packaging regulation / licensing of packaging material
According to the packaging regulation (VerpackV), packaging material, which is sent to the final consumer, must be licensed at a dual system. We particularly point out that the packing material sold by us is not licensed.
13. Alternative settlement of disagreements
The European Commission provides a platform for the online settlement of disagreements out of court (OS platform), callable under http://ec.europa.eu/odr.
We are willing to take part in settlement of disagreements proceedings of consumer arbitration boards.
14. Final provision
The provisions of the UN convention on contracts of the international sale of goods are explicitly inapplicable. German law shall apply.
If one of the prominent regulations should completely or partly be ineffective, the effectiveness of the regulations is not touched of this.