General Terms And Conditions
§1. SCOPE OF APPLICATION
Our online shop is aimed exclusively at entrepreneurs.
In addition to verifying your entrepreneurial status during the ordering process, we are entitled to demand proof of your entrepreneurial status by submitting suitable and up-to-date documents, e.g. an excerpt from the commercial register or business registration.
These GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
§2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS
The purchase contract is concluded with BOXXCO GmbH & Co. KG.
Conclusion of contract via our website
By placing the products in our online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
Conclusion of the contract using only the means of distance communication telephone, fax and e-mail
Irrespective of the possibility of concluding a contract described above, you can request that we send you an offer by telephone call, fax or e-mail. We will then send you a time-limited, individually tailored offer after any necessary consultation within the communication medium you have chosen. You can then accept this within the time limit. In this case, the contract is only concluded upon your acceptance.
§3. CONTRACTUAL LANGUAGE, STORAGE OF CONTRACTUAL TEXT
The language(s) available for the conclusion of the contract: German
We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer log-in.
§4. REQUIREMENTS FOR PRINT DATA AND PRINT PRODUCTS
You must ensure that the print data comply with the specifications which you can find on the respective product page. The information given there becomes part of the contract.
The print data and the print products produced from them must not:
(1) not violate any legal provisions, in particular by being racist, xenophobic, glorifying violence, sexist or otherwise immoral or anti-constitutional in nature or by pursuing such objectives,
(2) do not infringe the rights and claims of third parties, in particular copyrights, and
(3) do not cause the fulfilment of the print order to violate such provisions, rights and claims.
We do not check the correctness of the content, so that we do not accept any liability for errors in this respect.
In the event of an infringement of third party rights through the fulfilment of the print order, you shall indemnify us against all resulting claims and claims for damages asserted against us as well as the costs of legal defence against proof. Our right to withdraw from the contract in accordance with clause 10 remains unaffected by this.
§5. SURRENDER OF INTERMEDIATE PRODUCTS
We shall not provide you with any data or other intermediate products obtained or procured within the scope of our performance, such as printing plates. Furthermore, printing plates and punching tools remain our property. There shall be no claims for restitution.
Printing plates or punching tools shall be invoiced separately and shall only be charged at cost price.
§6. CUSTOMISED PRODUCTS
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 by e-mail at the latest immediately after conclusion of the contract. Our specifications regarding file formats, if any, shall be observed.
Insofar as stated in the respective offer, you will receive a draft correction from us which you must check without delay. If you agree with the draft, you shall release the draft 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 proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.
§7. DELIVERY CONDITIONS
We deliver within the German mainland free of shipping costs. Deliveries to foreign countries or islands must be agreed upon and paid for separately in advance by e-mail. Delivery shall be made by a carrier of our choice. In principle, you have the option of collection from BOXXCO GmbH & Co. KG , Heideweg 5, 01936 Königsbrück, Germany at the following times: Monday to Friday from 7:00 am to 3:00 pm except on public holidays.
We do not deliver to packing stations. The goods are usually delivered on exchange pallets, which are our property. You or your vicarious agents are obliged to acknowledge receipt of the received pallets on the shipping document. Furthermore, upon taking over the palletised goods, you are obliged to return the same number of empty pallets of the same type and quality to us concurrently. If the received pallets are not exchanged on the spot, we shall be entitled to invoice them separately at a price of € 24.00 per pallet. The delivery receipt of the forwarding agent is binding for this.
If the product ordered by you is not available from us because we are not supplied by our reliable supplier through no fault of our own despite placing a congruent order, we will inform you of this immediately in the order confirmation. We are thereby released from our obligation to perform and may withdraw from the contract. If you have already made payments, we will reimburse them to you without delay.
Subject to self-delivery, we will ensure prompt delivery. If part of the order cannot be delivered immediately because we are not supplied in time by our reliable supplier through no fault of our own, despite the placement of a congruent order, we will subsequently deliver the remaining goods without charging the shipping costs again, insofar as this is reasonable for you.
You are obliged to provide us with your complete and correct address, including your current delivery times. If incorrect or incomplete address data and/or delivery times are entered by the buyer, you will be liable for any additional costs incurred.
§8. PAYMENT
You agree to the transmission of all invoices by e-mail. This consent can be revoked at any time. In the event of a delay in payment, we reserve the right to charge you the statutory default interest in the amount of nine percentage points above the base interest rate as well as a lump sum in the amount of 40 euros. Further claims remain unaffected by this.
In our shop, the following payment methods are generally available to you:
Credit card
When placing your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
Prepayment
If you choose the prepayment method, we will inform you of our bank details in a separate e-mail and deliver the goods after receipt of payment.
SEPA direct debit
By submitting your order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account is debited before the goods are dispatched.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Giropay
After placing your order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
Apple Pay
To be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Invoice for corporate customers via Billie GmbH
You pay the invoice amount by bank transfer only after receipt of the goods and the invoice.
In order to be able to make this offer to you, we cooperate with the financial service provider Billie GmbH, Charlottenstraße 4, 10969 Berlin. After a successful address and credit check during the ordering process and submission of the order, we assign our claim to Billie GmbH.
Please transfer the invoice amount within the payment period stated on the invoice to the account listed on the invoice.
The privacy policy of Billie GmbH can be found here: https://www.billie.io/datenschutz/kar/. It applies in addition to our privacy policy and our GTC.
Invoice for regular customers
You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.
§9. RIGHT OF REVOCATION
Entrepreneurs are not granted a voluntary right of withdrawal.
§10. WITHDRAWAL FROM THE CONTRACT
We reserve the right to withdraw from the contract if
(1) you are in default with the payment of the purchase price despite a reminder by e-mail,
(2) you are in default with the transmission of your print data despite a reminder by e-mail,
(3) the print data do not comply with our specifications in accordance with item 4, even after a request for correction,
(4) there is a justified suspicion that the print data or the print products contain prohibited content as defined in item 4,
(5) there is a reasonable suspicion that the print order is made on behalf of a prohibited organisation.
§11. BLOCKING OF THE CUSTOMER ACCOUNT
We reserve the right to permanently block your customer account for future orders if there is a reasonable suspicion that the print data or the print products contain prohibited content as defined in section 4 or that the print order is made on behalf of a prohibited organisation.
§12. RETENTION OF TITLE
We retain title to the goods until all claims arising from a current business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.
If you combine, mix or process the reserved goods with other items, we shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of combination, mixing or processing. If your item is to be regarded as the main item, you shall transfer co-ownership to us on a pro rata basis. We shall release the securities to which we are entitled at your request to the extent that the value of the securities exceeds the claims to be secured by more than 10%.
§13. TRANSPORT DAMAGE
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
§14. WARRANTY AND GUARANTEES
Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
(1) in case of injury to life, body or health
(2) in case of intentional or grossly negligent breach of duty as well as fraudulent intent
(3) in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper
(4) the proper performance of the contract in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
(5) within the scope of a guarantee promise, if agreed, or
(6) insofar as the scope of application of the Product Liability Act is opened.
Only our own specifications included in the contract shall be deemed to be an agreement on the quality of the goods. Short deliveries of up to 5% of the ordered quantity or excess deliveries may be possible under certain circumstances due to individual production. They do not constitute a defect.
If a fixed delivery quantity is required, please inform us immediately when submitting the enquiry.
We accept no liability for deviations in sizing, smoothness and purity of the papers, sequence of flute types in the case of multi-flute cardboard, gluing, stitching, colours, printing and weight which are customary in the industry. The assessment of deviations that are customary in the industry or technically unavoidable shall be based on the test catalogues for corrugated cardboard boxes published by the Verband der Wellpappen-Industrie e. V. (Association of the Corrugated Cardboard Industry) and available from us as well as the DIN standard for corrugated cardboard packaging in the currently valid version. If samples are sent to you for inspection, no warranty claims can be derived from minor deviations. No liability shall be assumed for warranted properties and possible uses of the goods or for properties expected by you. Possible rights from § 444 BGB remain unaffected. Customer service: You can reach our customer service for questions, complaints and objections on weekdays Monday - Friday from 09:00 to 15:00 under the telephone number +4935795 1797-10 as well as by e-mail under kontakt@boxxco.com.
§15. FORCE MAJEURE
If the execution of the order is delayed due to force majeure, the agreed delivery period shall be extended by the duration of the disruption. The contractor shall inform the client immediately of the occurrence of a case of force majeure. Otherwise, the contract shall remain unchanged.
If the disruption lasts longer than 6 weeks, both contracting parties shall be entitled to withdraw from the contract.
§16. LIABILITY
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
(1) in case of injury to life, body or health
(2) in case of intentional or grossly negligent breach of duty
(3) in the case of guarantee promises, insofar as agreed, or
(4) insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
§17. INTELLECTUAL PROPERTY
If we provide creative services within the scope of the order, the resulting works (sketches, drafts, preliminary products, printed products, etc.) are protected by copyright. We grant you the simple, non-exclusive, unlimited right to use them to the contractually agreed extent and for the contractually agreed purpose. You may use the protected works for the design of your own artwork, provided that the printing is carried out by us. Further rights of use, in particular the right of reproduction, distribution, making available to the public, the broadcasting right and the right of reproduction by means of image and sound carriers, require a separate written agreement if they are not covered by the contractually agreed purpose.
Unauthorised copying in whole or in part will be prosecuted.
Copyright infringements will result in claims for damages.
§18. CODE OF CONDUCT
We have subjected ourselves to the following codes of conduct:
- Trusted Shops Quality Criteria
- http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
§19. FINAL PROVISIONS
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant in the sense of the German Commercial Code, a legal s, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
Last updated 28.06.2022 | V1.3