Our terms and conditions
General Terms and Conditions of R&K Verpackungswelt GmbH
1. General
1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively and in their current version to all mutual claims arising from and in connection with the conclusion of a contract between R & K Verpackungswelt GmbH, Goldkäferweg 55, 22523 Hamburg (hereinafter “R&K”), and you as a customer.
This also applies to transactions via our online presences at www.verpackungswelt.de ; www.magnet-box.com ; www.rundkarton.de (hereinafter “Online shop”).
1.2
The GTC apply to entrepreneurs within the meaning of § 14 BGB (German Civil Code) and with partial modifications to consumers within the meaning of § 13 BGB. The modified form for consumers is indicated in bold. Apart from such modifications, the GTC apply equally to both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB). An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession (§ 14 BGB).
1.3
By placing your order (see 2.3 of these GTC), you agree to the applicability of these GTC. Conflicting or deviating terms and conditions from your side shall not become part of the contract unless expressly accepted by us. If your terms regulate matters not addressed in our GTC, only the statutory provisions shall apply, not your deviating terms. These GTC also apply if we deliver to you unconditionally despite being aware of conflicting terms.
1.4
The contractual language is German.
2. Offer and Conclusion of Contract
2.1
We only enter into contracts with consumers if they are fully legally competent natural persons over 18 years of age with their habitual residence within the EU. If we mistakenly accept an offer from an ineligible person, we may withdraw within a reasonable time.
2.2
We deliver within the EU to both entrepreneurs and consumers. Outside the EU, delivery is only made to entrepreneurs. Deliveries to consumers outside the EU are generally not made unless expressly agreed.
2.3
The offers and prices in our online shop and in written quotations for custom products are non-binding. Clicking the “Buy now” button in the shop constitutes a binding offer to purchase. Automated email confirmations are not acceptance. The contract is concluded once the goods are shipped or we explicitly confirm acceptance.
2.4
The contract is conditional upon our own suppliers delivering on time. If they fail to do so permanently, we may withdraw and refund payments. This does not apply to short-term delivery disruptions or if we are responsible for non-delivery.
2.5
Minimum order quantities apply. Orders below this may be refused.
2.6
Only goods suitable for parcel delivery will be shipped to consumers. Freight-only goods will not. We may also limit quantities to typical household amounts.
3. Custom-Made Products
3.1
The buyer is solely responsible for ensuring copyrights on artwork. If third parties assert rights, the buyer indemnifies R&K from claims and costs.
3.2
R&K may mark products with a manufacturer’s note in standard size.
3.3
Dimensional tolerances of ±5% are permissible.
3.4
Over- or under-deliveries of up to 20% are permissible and invoiced accordingly.
3.5
Printing plate costs are billed at cost unless provided by the buyer. Artwork, plates, and films remain property of R&K.
3.7
R&K may use customer logos and product images as references in digital and print media.
4. Right of Withdrawal for Consumers
4.1
Consumers within § 13 BGB have a right of withdrawal as per § 312g Abs. 1 BGB, except as stated in 4.4.
4.2
Withdrawal policy
You have the right to withdraw from this contract within fourteen days without giving reasons. The period begins once you or a third party take possession of the goods. For partial deliveries, it begins upon receipt of the last part.
To exercise your right, you must notify R&K Verpackungswelt GmbH, Goldkäferweg 55, 22523 Hamburg, Fax: +49(0)911/93196-35, Email: service@verpackungswelt.de with an explicit declaration (e.g., letter, fax, or email). A sample form is provided but not mandatory.
Timely dispatch before expiry is sufficient.
Consequences of withdrawal
We will refund all payments including shipping (excluding extra costs for alternative delivery methods) within 14 days after notification. Refunds use the same payment method unless otherwise agreed. Refund may be withheld until goods are returned or proof of return is provided.
You must return goods within 14 days to R&K Verpackungswelt GmbH, Warehouse: Lenkersheimerstr. 26, 90431 Nuremberg. You bear return costs. You are only liable for diminished value if due to handling beyond necessary testing.
4.3
The sample withdrawal form is provided at the end of these GTC as a download.
4.4
No withdrawal right applies to goods made to order or customized to personal needs.
4.5
Consumers outside the EU/EWR have no statutory withdrawal right; local consumer laws may apply.
4.6
Entrepreneurs have no withdrawal rights.
5. Prices and Payment
5.1
Prices are in EURO and marked net/gross, incl./excl. VAT.
5.2
Payment including shipping is due immediately upon order unless otherwise agreed in writing.
5.3
Payment methods depend on those offered at checkout.
5.3.1
Direct debit requires a positive credit check via BS Payone.
5.3.2
Credit card billing is processed by BS Payone GmbH, Frankfurt/Main.
5.3.3
For prepayment, goods are shipped after funds are received.
5.4
Prices may be adjusted for entrepreneurs if delivery is delayed beyond two months and raw material/energy costs rise significantly. Customs duties and taxes for non-EU deliveries are borne by the buyer.
5.5
No offsetting or withholding rights unless claims are undisputed or legally binding.
5.6
Late payments incur interest: 5% above base rate for consumers, 8% for entrepreneurs. Higher damages may be claimed.
6. Shipping and Delivery
6.1
R&K uses various carriers at its discretion.
6.2.1
Domestic shipping costs (Germany):
- Orders under €150: Private customers €5.99 / Business customers €7.95
- Orders over €150: free shipping
- Express shipping: €16.95
Delivery time: approx. 3–4 working days.
6.2.2
EU shipping: €17.90
6.2.3
Express delivery within Germany: €9.90 per item (orders & payments by 12 noon, Mon–Fri).
6.3
R&K does not guarantee carrier delivery times, only timely dispatch.
6.4
Delivery dates/times for entrepreneurs must be in writing.
6.5
Custom-made and freight-only goods shipping costs are individually agreed.
6.6
Partial deliveries allowed if reasonable.
6.7
Delivery times depend on buyer’s cooperation.
6.8
Force majeure delays (e.g. strikes, government orders) permit extension or withdrawal after 2 months.
6.9
Buyer’s acceptance default transfers risk and costs.
6.10
No guarantee of stock; sale only while supplies last.
7. Duty to Inspect (Entrepreneurs only)
Must inspect upon delivery and report defects within 5 days.
8. Transfer of Risk
For consumers: risk transfers upon delivery.
For entrepreneurs: risk transfers when handed to carrier.
9. Warranty
9.1 Descriptions are not guarantees.
9.2 Consumers have full statutory rights.
9.3 No claims for minor deviations, wear, improper handling.
9.4 Up to 5% defective products acceptable; “second-choice” items excluded from claims for stated defects.
10. Liability
10.1 Excluded except for intent/gross negligence.
10.2 Liability for breach of essential duties limited to foreseeable typical damages.
10.3 Exceptions: guarantees, product liability, life/body/health, fraud.
10.4 Applies also to employees/agents.
11. Limitation
Entrepreneurs: rights expire after 12 months.
12. Retention of Title
12.1 Goods remain property until full payment.
12.2 Consumers may not resell before payment.
Entrepreneurs may resell but must assign claims as security.
12.4 In case of breach, R&K may withdraw and reclaim goods.
13. Data Protection
Customer data processed only as necessary and per law. No sharing with third parties not involved in the process. Consent required for marketing use. Customers may object anytime. Customers have rights to information, correction, blocking, deletion.
14. E-Commerce Information
14.1 Steps to contract: see §2.
14.2 Contracts are not stored by us; customers must save them.
14.3 Customers can correct entries during checkout and cancel process anytime.
15. Final Provisions
15.1 Invalid terms do not affect the rest.
15.2 German law applies; CISG excluded.
15.3 Jurisdiction: Hamburg, if buyer is merchant or public entity.
15.4 Contract language is German.
R & K Verpackungswelt GmbH
As of April 2018
Appendix 1: Sample Withdrawal Form
(If you wish to withdraw, fill out and return this form.)
To: R&K Verpackungswelt GmbH, Goldkäferweg 55, 22523 Hamburg
Fax: +49(0)911/93196-35
Email: service@verpackungswelt.de
I/we (*) hereby withdraw from the contract concluded for the purchase of the following goods (*)/provision of the following service (*):
___________________________
Ordered on (*)/received on (*): ___________________________
Name of consumer(s): ___________________________
Address of consumer(s): ___________________________
Signature (only if on paper)
Date: ___________________________
(*) Delete as appropriate
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