General Terms and Conditions
1. Scope of application
a. These General Terms and Conditions are the content of the contract concluded between the seller and the buyer, with the exception of transactions that are processed via a Bikapack online store. The applicable General Terms and Conditions can be found on the pages of the store and these may have deviating and/or supplementary content. The seller is Bikapack GmbH, Studa 14, AT-6800 Feldkirch, hereinafter referred to as the “seller”.
b. The Seller shall execute orders exclusively in accordance with the following General Terms and Conditions (GTC). They form the basis for the conclusion, execution and delivery of all transactions between the Seller and the Buyer. Exceptions to this are special agreements that have been explicitly agreed in writing for individual orders. Any other terms and conditions sent to the seller with an order are also categorically rejected. Deviating agreements are only valid if they are made in writing and signed by the seller. Verbal or telephone agreements shall only become valid after written confirmation by the seller
c. These General Terms and Conditions shall remain valid even if individual parts thereof should lose their validity for any reason whatsoever.
d. Any deviations from the Seller’s General Terms and Conditions in the General Terms and Conditions of the Buyer or a third party shall not be valid for the Seller, even if the Seller has not expressly objected to them or has already performed in individual cases.
e. The offer presented in the seller’s online stores is aimed at companies, tradespeople, agricultural and forestry businesses as well as public-law institutions or associations (after consultation). Deliveries to private individuals are excluded.
2. Offers and orders
a. Unless expressly agreed otherwise in writing, all offers made by the Seller are subject to change. Orders placed with the Seller shall only become valid upon written confirmation by the Seller. Any modification, amendment or termination of agreements made shall require the express consent of the Seller.
b. Should circumstances arise on the Buyer’s side which jeopardize the acceptance or payment of the ordered goods without complaint, or should there be at least the appearance of such circumstances, the Seller shall be free to cancel orders that have already been confirmed or to postpone their fulfilment until proper acceptance and payment have been ensured. In such cases, the seller cannot be in default of delivery.
c. For transactions that are processed directly or indirectly (i.e. also orders placed by phone or fax based on the offers in the online store) via the seller’s online stores, the prices and GTC published in the online stores shall apply. These prices are subject to statutory VAT and other price components (e.g. minimum quantity surcharge and shipping costs). The shipping costs depend on the shipping weight (incl. proportionate weight of the transport and outer packaging) of the ordered goods; the costs will be clearly communicated to the buyer before a binding order is placed. The calculation of shipping costs is explained in the online stores on the “Shipping costs” page.
d. All prices stated in the seller’s online stores are valid until revoked and may be reduced or increased by the seller at any time and without giving reasons.
3. Prices, pricing and VAT regulations
a. All prices are only binding if they have been confirmed in writing.
b. Notwithstanding the foregoing, the Seller reserves the right to increase fixed prices in the event of cost increases of a general nature, such as wage increases, price increases for raw and auxiliary materials, increases and introduction of taxes, increases in transportation costs, disposal and recycling costs, increases in energy costs, changes in exchange rates or similar.
c. All prices are exclusive of VAT, ex works named distribution center and exclusive of all disposal and recycling costs. Deliveries within Austria and deliveries from Austria to Germany are subject to a VAT rate of 20%. The seller issues his commercial invoices accordingly. The commercial invoices you receive from bikapack kg explicitly state the net amount and the VAT to be added. Buyers from other EU countries with a valid VAT identification number are supplied VAT-free in the sense of an intra-Community delivery.
An intra-Community supply is a tax exemption under VAT law according to which a cross-border supply within the European Union is exempt from VAT in the state in which the transport begins. The prerequisite for this is that an entrepreneur carries out the supply to another entrepreneur for the latter’s business and the goods are actually transported from one Member State to another Member State as part of the supply.
Foreign (EU) buyers who are entrepreneurs within the meaning of VAT law and as such wish to receive VAT-exempt deliveries must provide the seller with their VAT identification number prior to delivery. This number will be checked for correctness by the seller. If it is correct, the deliveries are carried out VAT-exempt as intra-Community deliveries in accordance with Art. 6 Para. 1 in conjunction with Art. 7 UStgG. If the reported VAT identification number is not correct, the invoice will be issued including 20% VAT in accordance with the law. In the case of advance payments, the unpaid VAT will be charged subsequently. Intra-Community deliveries can only be made to companies on presentation of a confirmed VAT number.
d. For printed goods, the prices do not include costs for repro work, alteration costs, proofs, cliché or cylinder costs.
4. Terms of payment
a. All prices are payable within 10 days of the invoice date without any deductions. Excluded from this regulation are transactions that are processed directly or indirectly (i.e. also orders placed by phone or fax based on the offers in the online store) via an online store of the seller. Payment for such transactions must be made in advance via PayPal, the online payment portal SOFORT Überweisung, against prepayment by bank transfer or via credit card payment. However, deviating payment terms in the seller’s online stores are possible. If available, these are indicated under the payment terms of the online store on the Internet.
b. Payments shall be deemed to have been made when the seller has received the credit note from the financial institution.
c. If the payment deadline is exceeded, the Buyer shall be in default without a reminder. Subject to other rights, the seller may charge reminder fees and interest on arrears. The seller shall base the amount of default interest on the interest rates recommended and published annually by KSV1870. In the event of default of payment, the buyer undertakes to reimburse all costs, expenses and cash outlays incurred by the seller as a result, regardless of the title from which they arise.
d. Bills of exchange and checks are not accepted.
e. Failure to comply with the terms of payment due to circumstances which indicate reduced creditworthiness on the part of the Buyer and which only become known to the Seller after conclusion of the contract shall result in all claims becoming due immediately, even in the event of a deferral.
f. Changes in the assessment of the Buyer’s creditworthiness, e.g. exceeding a certain payment term, slow payment, receipt of unfavorable credit information, etc. shall entitle the Seller to demand security or advance payment prior to performance, even if this was not initially agreed.
5. delivery time and delivery / return deliveries
a. The seller delivers to customers in Germany and Austria. Interested parties from other countries must contact the seller before ordering so that the shipping details can be clarified separately.
b. The mode of delivery is to be left to Bikapack GmbH. Transportation is at the risk of the buyer.
c. The delivery period shall be the period between the date of the order confirmation and the date of notification of readiness for delivery to the buyer. In the case of printed goods, the delivery period begins after approval of the proof print by the buyer.
d. All information on delivery times is non-binding.
e. Unless otherwise agreed, a maximum period of six months shall apply to call-off orders, whereby an aliquot call-off must take place at least once a month. If a partial delivery is not accepted at the agreed time, it may be stored at the Buyer’s expense and risk and invoiced in full immediately, or the Seller may deliver the goods without prior notice. Any additional costs incurred as a result of the call-off order shall be borne by the Buyer.
f. If the Buyer is in default of acceptance, the Seller shall be entitled, at its own discretion, to store the unaccepted goods at its own premises or in another warehouse, in each case at the Buyer’s expense.
g. In the event of force majeure, such as natural disasters, operational disruptions, traffic obstructions, strikes, lockouts, measures by public authorities and the like, the Seller shall be released from its obligation to deliver without the Buyer being able to assert any claims or cancel orders placed.
Supply bottlenecks in the supply of energy, raw materials, auxiliary materials and operating materials as well as bottlenecks in freight capacity caused by pandemic and/or war-related or similar events may also cause delays or failures in the delivery of the Seller’s orders to the Buyer and make subsequent price adjustments necessary. This also applies to orders and blanket orders that already exist and have already been confirmed at the time of the occurrence of the aforementioned events. Liability claims and/or claims for damages for delays in delivery or failed deliveries shall not be recognized by the Seller under any circumstances, as these events are outside the Seller’s sphere of influence.
h. Transport damage can only be recognized if it is noted by the buyer on the delivery documents (delivery bill and transport bill of the shipping company or parcel service provider) immediately upon acceptance of the goods.
i. In the event of a delay in delivery by the seller despite a fixed agreed delivery time or delivery date, the buyer must set the seller a reasonable grace period (at least 14 days). If the seller is in default beyond the grace period, the buyer shall be entitled to cancel the order without being able to assert any further claims.
j. In the case of order-related production, an over- or under-delivery of approx. 10% cannot be ruled out for technical production reasons and must be accepted by the buyer.
k. Return deliveries are excluded without exception for reasons of hygiene, as the packaging supplied by the seller is food-safe. After delivery, the seller is no longer in a position to check what has happened to the goods during transportation, unpacking and/or packing. Only in this way can the seller guarantee the delivery of hygienically flawless goods to all buyers. In the event of refusal of acceptance, the buyer must, without exception, reimburse all costs incurred by the seller for the shipment (packaging material, shipping costs, minimum quantity surcharges, etc.), the purchase price for the delivered items and the costs for the return and disposal of the products.
6. Deviation from the order confirmation
a. Any deviations in the order confirmation from the order must be notified to the Seller in writing within one day of the order confirmation being issued. Otherwise, the content of the order confirmation including the terms of delivery shall be deemed agreed.
b. Excluded from this regulation are transactions that are processed via the seller’s online store. The majority of these orders are commissioned and dispatched immediately after receipt of the order. A change (of any kind) to an order placed with the seller directly or indirectly (i.e. also orders placed by phone or fax based on the offers in the online store) via the seller’s online store is therefore excluded.
7. Claims for defects and complaints
a. In the absence of detailed written instructions from the Buyer, orders shall be executed using materials customary in the industry and in accordance with known manufacturing processes. Therefore, no complaints can be made with regard to the behavior of the packaging materials in relation to the filling material and vice versa, unless explicit and detailed attention has been drawn to special properties of the filling material and a written statement from the seller is available.
b. The buyer agrees to accept deviations from the order and not to regard these as defects. The seller cannot be held liable for deviations in color and quality of the goods, in gluing, printing or for deviations in weight and dimensions (+/- 10%). The assessment of defects is not based on the individual pieces, rolls, packaged units or the like. Rather, the average loss of the entire delivery is decisive if the defect relates to deviations in size, weight or quantity.
c. In the case of special colors as defined by the seller, the same color shade cannot be guaranteed for follow-up orders.
d. In the event of complaints, the seller must be given the opportunity to inspect the claimed defect on site without delay. In the event of a justified complaint of any kind whatsoever, the due date of the seller’s claim shall not be affected. The Buyer is not entitled to offset the value of a complaint against any counterclaims, to reduce the price without authorization or to withhold the invoice amount.
e. If the Buyer processes the goods complained about without the Seller’s written consent despite a complaint, the Buyer shall be liable for any resulting damage. Furthermore, this shall constitute a waiver of any warranty and compensation claims.
f. Rejected goods can only be returned to the seller with the seller’s consent. In this case, the buyer must pack the returned goods in the same lightproof, dustproof and moisture-proof packaging as they were delivered by the seller. Likewise, no complaint can be accepted for goods which the buyer has damaged, soiled or rendered unusable for further use.
8. Product liability and compensation
a. Improper storage or use of the delivered products by the buyer excludes any compensation. At this point we also refer to point 14 (below).
b. Under no circumstances can the compensation for damages exceed the value of the goods delivered. Furthermore, any compensation for damages is additionally limited to such damages that can be covered by the seller’s insurance, so that in particular liability for loss of profit of third parties and liability for legal costs is excluded from the outset.
c. Compensation for consequential damages is excluded.
d. Liability of the seller for slight negligence is expressly excluded.
e. The contracting parties expressly exclude any protective effects of this contract in favor of third parties, so that any damages incurred by them cannot be asserted against the seller.
9. Storage conditions
a. No liability can be accepted for goods that are stored for longer than six months at the buyer’s premises. The goods must be protected from moisture and UV radiation during storage and must not be stored near heating appliances or other heat sources. The goods must be stored in the production or processing room for at least 24 hours before processing. In cold conditions, a conditioning period of 48 hours is required. Reference is also made to point 14 of these GTC.
10. reservation of title
a. The seller retains title to the goods delivered by him and also to other new items resulting from any further processing until the purchase price has been paid in full.
b. The Buyer shall be entitled to dispose of the goods in the ordinary course of business, in particular to process and sell them, unless the Seller objects to this verbally or in writing. In the event of resale of the goods delivered subject to retention of title before final payment, the Buyer hereby declares to assign the resulting purchase price claim against third parties to the Seller in full. The buyer undertakes to expressly refer to this assignment on the invoice to third parties.
c. Any extraordinary disposal of goods delivered by the seller, such as pledging, transfer of ownership by way of security and the like, is not permitted. The Buyer is obliged to notify the Seller immediately of any seizure by third parties of the goods delivered subject to retention of title. Failure to comply with this reporting obligation shall result in the Buyer being liable for damages.
11. Copyrights
a. The Buyer shall bear full responsibility for copyright infringements and shall indemnify and hold the Seller harmless if copyright claims are asserted against it by third parties. The seller is not obliged to make inquiries about copyright conditions
b. Copyright shall arise in favor of the seller for print designs executed by the seller. This means that these designs may not be reproduced, copied, copied, printed or imitated without the Seller’s consent. Drafts in this sense shall also include those in which the Seller’s employees have played a significant direct or advisory role.
12. Right of withdrawal of the seller
a. Events which drastically change the business basis of this contract in whole or in part, whether they affect the seller or the buyer or their suppliers, shall entitle the seller to adapt the contract to the changed circumstances in whole or in part, to the exclusion of claims for compensation, or to dissolve or withdraw from the contract altogether.
13. disposal fees
a. Transport and outer packaging (applies to deliveries to Austrian consignees):
The seller hereby confirms in a legally binding manner that he will pay the disposal fees for deliveries within Austria for transport and outer packaging properly and exclusively to INTERSEROH Austria, ISA No. 152983. This applies to the current calendar year.
b. Sales packaging (applies to deliveries to Austrian recipients of goods):
On January 1, 2015, the AWG amendment on packaging (2013) and the new Packaging Ordinance came into force. Since this date, the packaging companies have been responsible for the proper fulfillment of disposal obligations for sales packaging. The buyer must inform himself in detail about his obligations (e.g. at INTERSEROH, ARA, Reclay). All goods delivered by the Seller are by nature typical sales packaging. However, if the buyer uses this sales packaging contrary to the usual manner in the sense of service packaging, he must inform the seller of this fact before delivery. The Seller can then license the packaging via its contract with INTERSEROH / ISA No. 152983. The costs for licensing are expressly not included in the sales price and will be shown separately on the invoice in this case.
c. Consignee in Germany:
The articles delivered by us to the recipients of the goods are empty packaging and at the time of delivery are not “sales packaging subject to system participation” (see paragraph 13, point c.1.). The sales price charged to the consignee does NOT include any disposal fees! All goods delivered by the seller are by nature typical sales packaging. However, if the buyer uses this sales packaging in a manner contrary to the usual manner in the sense of service packaging, he must inform the seller of this circumstance before delivery. In this case, we will be happy to prepare an offer in which the disposal fees will be added. The sales price charged to the recipient of the goods does NOT include any disposal fees! Without exception, the goods supplied by the seller are NOT licensed. The recipients of the goods must inform themselves independently about their country-specific obligations (in Germany e.g. via DSD (Duales System Deutschland) and are themselves responsible for proper de-obligation/licensing. By accepting these GTC and placing each order, the Buyer confirms to the Seller that it complies with the regulations applicable in its country regarding this scope of application.
c.1. Declaration on the VerpackG (DE):
From 01.01.2019, the “producer” (“first distributor”) within the meaning of the VerpackG is the person who places packaging subject to system participation on the market for the first time on a commercial basis. “Packaging” here does not mean the actual packaging material, but is essentially sales packaging that is “typically offered to the end consumer as a sales unit consisting of goods and packaging” (Section 3 (1) no. 1 VerpackG). This also includes outer packaging, service packaging and the shipping packaging of online retailers, including filling material and labels.
“Sales packaging subject to system participation” is sales and secondary packaging filled with goods that typically accumulates as waste with private final consumers after use (Section 3 (8) VerpackG). This means that it is not – as one might assume – the producer or supplier (wholesaler) of packaging that is affected by the VerpackG, but the party that fills the packaging with goods, i.e. the party that produces the sales unit.
d. Recipients of goods in all countries except Austria and Germany:
Without exception, the goods delivered by the seller are NOT licensed. The recipients of the goods must independently inform themselves about their country-specific obligations and independently fulfill the necessary obligations.
14 Safety instructions and instructions for use
All measures have been taken by the manufacturer to ensure that the seller can deliver a safe product. The buyer must observe the following safety instructions so that all necessary measures are taken when using the product. The following instructions must be read before using the products.
a. Incoming goods inspection at the buyer’s premises:
Plastic packaging is susceptible to breakage. The buyer must carefully check the delivered containers for fragments in the packaging upon receipt of the goods and in any case before filling. Over-packaging/cartons with defective containers must be completely removed before filling and made available to the seller. The seller accepts no liability for foreign bodies in filled products.
b. Material suitability:
In the case of products that the seller declares to be food-safe, all materials used in the production process are approved for direct contact with food. This applies within the scope of the declarations of conformity available from the seller. The buyer can request these from the seller at any time. However, as only the food manufacturers/fillers know the details of their formulation, mixing ratios etc. and the packaging manufacturers have no influence on this or any insight into changes to these over the course of a product life cycle, the food manufacturers themselves are ultimately responsible for determining whether the selected packaging material is also suitable for the product in the respective formulation or mixing ratio in practice. As a rule, this suitability must be checked by means of appropriate storage tests and laboratory analyses of the product throughout the entire shelf life. The bottlers (buyers) must have the suitability tested based on their recipes and mixing ratios as well as the processing, packaging, storage and transportation processes and storage and sales modalities. The buyer must note that the inspection and testing must be repeated each time a change is made. This applies in particular to processes such as hot filling and pasteurization. Sterilization of the filled products in the packaging is generally excluded.
c. Cleaning instructions:
Due to the production process, the products come out of the machines in an almost aseptic condition. However, it cannot be ruled out that subsequent contamination may occur during packaging, transportation or storage processes. For this reason, the containers must be subjected to a suitable cleaning process by the filler (buyer) before they are filled with food.
d. In case of fire:
The products are flammable. Only use suitable extinguishing agents such as foam or CO2 for extinguishing. Wear suitable masks when extinguishing to avoid inhaling vapors or gases. Carbon monoxide is produced during combustion. If molten plastic comes into direct contact with the skin or eyes, seek professional medical help immediately.
e. Temperature resistance:
The packaging supplied is in any case suitable for use in the temperature range of approx. 5°C to 35° C. If the buyer wishes to use the containers supplied by the seller for a different temperature application, he must contact the seller (in any case before use) in order to clarify the possibilities in individual cases.
f. Filling weights when filling containers:
In any case, the purchaser must carry out sufficient filling, storage and transportation tests before use.
g. Storage instructions:
The products must be stored in a clean, dry, UV-protected environment up to max. 25°C room temperature to ensure full functionality. A minimum distance of 1.5 meters from radiators or similar heating equipment must be maintained.
h. Transportation instructions:
Only closed vehicles are to be used for the transportation of filled containers. In any case, the buyer must carry out sufficient stacking and transportation tests with the product filled by him and under original conditions. This is the only way to determine the maximum suitable stacking heights. Suitable load securing must generally be carried out on the transport vehicles. During transportation, no other objects may be placed on the containers/packaging delivered by the seller and filled by the buyer. The buyer must note that buckets and cups are not suitable for individual shipment by parcel service or post.
i. Environmental information:
Our mono-material products are fully recyclable but not biodegradable. Our products made of composite material are not recyclable. The buyer must dispose of or recycle the products supplied by the seller in accordance with local legislation.
j. Disclaimer:
The buyer accepts no liability for damage resulting from non-compliance with the above measures and regulations.
15. Place of fulfillment and jurisdiction
a. The place of performance for all services arising from contracts between the buyer and seller is AT 6800 Feldkirch. The contracting parties hereby expressly agree that the district court of AT 6800 Feldkirch shall have jurisdiction for any disputes arising from this contractual relationship, irrespective of the amount in dispute. However, the Seller shall in any case be entitled, at its discretion, to bring an action before the competent court of the Buyer. The exclusive application of Austrian substantive law is expressly agreed for any disputes arising from contractual relationships between the seller and the buyer.