General business terms
Section 1 Area of application
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to the entire business relationship and to all contracts and precontractual legal relationships between Reclay Systems GmbH, Austraße 34, 35745 Herborn, Germany and the customer, which are established via the “activate - by Reclay” web portal at activate.reclay.de (hereinafter the “web portal”). The customer is a manufacturer and/or distributor of sales packaging in accordance with Section 3 Para. 1 (2) of the ordinance governing the prevention and recycling of packaging waste (Packaging Ordinance – VerpackV) dated 21 August 1998 (Federal Law Gazette I p. 2379 et seqq.) in its currently valid version, and/or the customer is a manufacturer and/or distributor of transport packaging in accordance with Section 3 Para. 1 (4) Packaging Ordinance.
These Terms and Conditions apply exclusively to retailers and entrepreneurs who have their headquarters in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. They do not apply to consumers. Furthermore, these Terms and Conditions apply exclusively for sales packaging in accordance with Section 3 Para. 1 (2) Packaging Ordinance, which is sold in the territory of the Federal Republic of Germany and transport packaging in accordance with Section 3 Para. 1 (4) Packaging Ordinance, which is sold in the territory of the Federal Republic of Germany.
The version of the Terms and Conditions valid upon the handover of the submission of the offer by the customer shall be decisive. The Terms and Conditions can be viewed and downloaded from the website activate.reclay.de. Reclay Systems GmbH reserves the right to adapt the terms and conditions at any time.
Provided that nothing to the contrary has been agreed upon in writing, these Terms and Conditions shall apply exclusively; conditions of the customer that are contrary to or deviate from these Terms and Conditions are not recognised.
Section 2 Conclusion of the contract and storage of the contract text
By correctly entering the information required into activate.reclay.de the customer provides their confirmation as well as the ultimate approval of the data entered by clicking on the relevant button and places a binding offer for the purchase of a particular service in accordance with the provisions of these terms and conditions (“order”). The quote is accepted as binding by the customer at the point of the complete approval of the full quote data by the customer. Reclay Systems GmbH accepts the order by displaying the order confirmation via the web portal. The contractual text of the customer’s order is saved by Reclay Systems GmbH. The customer can print this before sending the order to Reclay Systems GmbH by clicking on “Print” in the last step of the order.
In any case, Reclay Systems GmbH is free to decide whether to accept an offer by the customer.
Section 3 Scope of service
Reclay Systems GmbH exclusively provides the following services subsequent to the order confirmation:
- Sales packaging -
Reclay ensures that the following obligations are met for the sales packaging quantities listed in the customer’s order in accordance with Section 2 of the Terms and Conditions:
– Participation of the packaging quantities in one or more compliance schemes to the extent legally required and
– Submission of a certificate. The certificate indicates the quantities enrolled in one or more compliance scheme by the customer subdivided into material types, and is sent to the customer within one (1) calendar day.
- Sending annual confirmation. The annual confirmation indicates the quantities enrolled in one or more compliance scheme by the customer during one calendar year, subdivided into material types and is sent to the customer during the first quarter of the following year.
- Transport packaging -
Reclay Systems GmbH ensures that used transport packaging, which ends up as waste within the territory of the Federal Republic of Germany, and which is supplied by the customer, is collected and processed in accordance with the specifications of the Packaging Ordinance and the German Waste Management Act (Kreislaufwirtschaftsgesetz). The collection of packaging at the collection points takes place in accordance with the return conditions listed in the Appendix. At the request of the collection point, Reclay Systems GmbH shall agree to additional services on site, such as the provision of containers, in a separate agreement with the collection point; these additional services are subject to a fee. The collection of the used packaging shall take place at their request via the telephone hotline 0221 – 58 00 98 111.
Section 4 Mandatory unsolicited notification / Prohibition of third party notification
The customer is obliged to directly report the sales and transport packaging he puts into circulation to Reclay Systems GmbH. The customer is not entitled to commission third parties with the reporting or to make such reports for other manufacturers / distributors.
Section 5 Introduction of sales packaging following participation in at least one compliance scheme offered by Reclay Systems GmbH
The customer confirms that it will only distribute its sales packaging once it has previously participated in a compliance scheme offered by Reclay Systems GmbH, cf. also Section 6 Para. 1 (3) Packaging Ordinance.
Section 6 Upper limit for order volumes
Orders up to a maximum value of EUR 49.999 per order can be made via the web portal. If an order exceeds this value, this will be prevented from being placed before the order process is concluded.
Section 7 Declaration of completeness
In the event of a quantiy limit in accordance with Section 10 Para. 4 Packaging Ordinance (80,000kg of glass, 50,000kg of paper / cardboard, or 30,000kg of light packaging) being exceeded, the initial distributor is obliged to issue a declaration of completeness in accordance with the Packaging Ordinance. Declaration of completeness services are not offered by “activate – by Reclay”.
Section 8 Prices
All prices are final prices and include statutory value added tax. No delivery costs are charged.
Section 9 Payment and invoicing
Payments are made exclusively via prepayment at the time of the entry into force of the contract, using the payment methods offered via the web portal. Reclay Systems GmbH subsequently sends the customer an invoice of the services provided via email. No hard copy is sent.
Section 10 Chargeback
Should Reclay Systems GmbH’s direct debit fail, Reclay Systems GmbH shall withdraw from the contract. The customer’s order will not be processed further. Should the customer chargeback the payment within the permitted window of 14 days, Reclay Systems GmbH shall withdraw from the contract and be released from its performance obligation.
Section 11 Suspension of performance obligation
In the event that Reclay Systems GmbH is not able to provide a service ordered or cannot do so on time following the conclusion of the contract, Reclay Systems GmbH shall be entitled to withdraw from the contract. Reclay Systems GmbH will inform the customer of this immediately and reimburse any return services rendered.
Section 12 Restricted customer area
Reclay Systems GmbH provides its customers with a personal, protected customer area in order to simplify the exchange of information and data when processing orders. The operator of the protected customer area is Reclay Systems GmbH.
Authorisation, purpose and scope of usage:
- The use of Reclay Systems GmbH’s restricted customer area as part of “activate – by Reclay” requires the customer in question to have previously registered as a customer on the portal.
- The purpose and scope are in particular restricted to the download, filing and management of invoices and confirmations of quantities in PDF format as well as the saving of customer data and updates by customers, which can be made at any time.
Registration, security and availability:
- When registering on the web portal, the customer automatically creates a customer account that gives him or her access to the restricted area.
- Der Kunde wird bei Einrichtung des Kundenkontos aufgefordert, sich einen Benutzernamen und Passwort zu geben, welches für ihn jederzeit änderbar ist. Das Passwort muss bestimmten Mindestanforderungen an die Sicherheit genügen. Das Passwort wird im Hash Verfahren gespeichert.
Reclay Systems GmbH wishes to make the customer aware that the data managed by the customer in the restricted area is only secure if the customer keeps his/her access data (user name and password) confidential and protected against access by unauthorised third parties.
The restricted customer area is regularly available to customers 24 hours per day. This is not the case in the event of availability disruptions, maintenance work or updates. In general, these are announced in advance on the “activate – by Reclay” web portal.
- Access to the protected customer area of “activate – by Reclay” is SSL-encrypted and therefore corresponds to current security standards. Data is therefore transferred in encrypted form only.
- Reclay Systems GmbH has the right to adapt these security standards at any time.
- Any errors will be rectified by Reclay Systems GmbH as quickly as possible.
Reclay Systems GmbH will delete the customer’s account if Reclay Systems GmbH receives a request to this effect from the customer via an email containing the customer’s details.
Section 13 Liability
Reclay Systems GmbH has unrestricted liability in the event of intentional damage or damage caused by gross negligence on the part of Reclay Systems GmbH, its legal representatives or vicarious agents.
Reclay Systems GmbH is only liable for slight negligence in the event of the violation of a cardinal contractual obligation. Cardinal contractual obligations are those whose violation threatens the contractual purpose, because this results in the rights of registered customers, which should be granted to them by Reclay Systems GmbH in accordance with the contractual content and purpose, being lost or restricted. The liability for the violation of a cardinal contractual obligation is limited to the amount of damage foreseeable upon the conclusion of the contract.
Claims arising from a guarantee, due to damage to life, body, health and in accordance with the Product Liability Act (Produkthaftungsgesetz - ProdHaftG) as well as other mandatory liability prescriptions remain unaffected.
Reclay Systems GmbH is not liable for damage that is the result of erroneous, delayed or unobserved cooperation obligations, and in particular the result of information from the customer or the unauthorised use of the web portal by third parties.
Section 14 Data protection
Upon the initiation, conclusion, processing and reversal of a contract, data will be collected, saved and processed by Reclay Systems GmbH in line with legal provisions.
When visiting Reclay Systems GmbH’s website, the IP address in use by the customer’s PC, date and time, browser type and operating system of the customer PC as well as the pages they have viewed are logged. It is therefore not possible nor intended for Reclay Systems GmbH to trace this data back to personal details.
The personal details that the customer sends to Reclay Systems GmbH, for example when placing an order or via email, (e.g. name and contact details) are used only for correspondence with the customer and only for the purpose for which this data was provided. We pass on your payment details to a payment service provider commissioned to handle the payment as well as the banking institution commissioned with effecting the payment.
Reclay Systems GmbH ensures that personal details are not generally passed on to third parties, unless Reclay Systems GmbH is legally obliged to do so or the customer has approved this explicitly in advance. Insofar as Reclay Systems GmbH uses third-party services to perform and handle processing operations, the provisions of the Federal Data Protection Act are observed.
Section 15 Confidentiality
The parties undertake to treat confidentially the sensitive data and information shared or that they otherwise become aware of in connection with this contract and its execution, only to use it for the purposes of this contract and only to disclose it to third parties where this is absolutely necessary for legal reasons or for the execution of this contract.
Section 16 General provisions
These Terms and Conditions shall be subject to the laws of the Federal Republic of Germany. The contract language is German.
The customer is only permitted to assign rights and obligations arising from these Terms and Conditions subject to the prior approval of Reclay Systems GmbH.
The exclusive place of jurisdiction for disputes arising from these Terms and Conditions shall be Cologne.
Changes or supplements to these Terms and Conditions must be in writing in order to be valid. This also applies to the amendment or revocation of this written form requirement.
Should a provision of these Terms and Conditions or a provision to be included in future be or become illegal or unenforceable or contain a legal loophole, the validity of the remaining provisions of this agreement shall remain unaffected. It is the express will of the parties to maintain the effectiveness of the other provisions under all circumstances and thus completely waive Section 139 German Civil Code. In place of the invalid provision or to fill the loophole, an effective and enforceable provision that comes as close as possible to the parties’ legal and economic intentions or the meaning and purpose of these Terms and Conditions shall apply with retroactive effect.
Should resolutions or guidelines of the Federal/Regional Waste Consortium (LAGA) or changes to legal or administrative provisions make an amendment to certain contractual arrangements necessary, the parties shall adapt the relevant clauses to the specifications. This shall not affect the effectiveness of the remaining provisions.
Acceptance conditions for transport packaging
1. General requirements
a. Only complete packaging up to the amount of the licensed volumes is taken back from the customer.
b. The acceptance and processing of the transport packaging distributed is generally free of charge for the collection point, provided that
i. the packaging meets the requirements for processing in accordance with the Packaging Ordinance, in particular emptied of any residue, i.e. scraped, brushed clean, droplet and dirt-free.
- Components that are not part of the packaging material may make up a maximum of one percent of the weight of the primary packaging material (e.g. cardboard as primary material and adhesive tape (plastic) as the non-packaging component).
- Other residues or impurities (e.g. oils, colours or other chemicals) are not permitted.
ii. the packaging has been provided already sorted, dry and separated in to the fractions listed below.
c. In consultation with the local disposal company, pickup in swap bodies/containers and loose pickup may be possible. The volume of the containers must be dimensioned in such a way that it is only necessary for pickups to take place once per month (see also 3. Quantities and quality specifications). In the event of loose pickup, the sorted fractions are to be bundled together or otherwise grouped together. It is possible for multiple packaging fractions to be bagged together for pickup. However, they must always be recorded separately in the individual bags. The packaging provided for pickup must be weather-proofed and freely accessible to the local disposal company, i.e. without any barriers and at ground level (at least “on the curb”).
d. During every pickup, the precise volume subdivided into fractions is recorded on an entry document, which the collection point checks and confirms.
e. The client will inform the collection points that it must bear the costs for the containers or bags provided by the disposal company itself.
f. The collection points can request the current acceptance conditions as well as the collection form to be completed prior to the first pickup as well as in the event of any relevant changes from the client’s service hotline (Tel. 0221 - 58 00 98 111, Fax: 0221 – 58 00 98 110) or by sending an email to email@example.com
g. As soon as Reclay Systems GmbH is requested to make a collection, Reclay Systems GmbH will commission a local disposal partner. It may take up to seven business days between the order and the collection taking place.
|Material||Swap bodies||Emptiable containers||Collection bags||Loose collection||Quality|
|Paper, cardboard||Bulk density 60kg/m3||Bulk density 60kg/m3||no||Minimum volume 2m³, collection bundled and packaged flat||Paper and cardboard packaging with at least 70% corrugated cardboard, other dry solid board and packing paper.|
|Film, PE shrink wrap, PE stretch wrap and bubble wrap||Bulk density 25kg/m3||yes||Disposable PE bag, minimum volume 2 m³||no||Dry, not contaminated with residue of previous contents, oils, colours, waste, etc., adhesive of as similar a material as possible (e.g. PE film/PE adhesive).|
|PE foam packaging||no||no||Disposable PE bag, minimum volume 2 m³||no||Dry, not contaminated with residue of previous contents, oils, colours, waste, etc., adhesive of as similar a material as possible (e.g. PE film/PE adhesive).|
|PUR foam packaging||no||no||Disposable PE bag, minimum volume 2 m³||no||Dry, PUR foam packaging not contaminated with residue of previous contents, oils, colours, waste, etc. Wrapping from PE film can often be left.|
|Plastic straps||possible||no||Disposable PE bag, minimum volume 2 m³||no||Not contaminated with residue of previous contents, oils, colours, waste, etc., without metal residue.|
|Steel straps||possible||no||200l PE disposable bag||To be agreed with the disposal partner|
|Solid wood palettes and packaging||possible||To be agreed with your disposal partner||no||A minimum volume of 300-350kg (approx. 30 disposable pallets) much be reached per pickup. For smaller volumes, max. two pickups per year.||Sorted palettes and packaging made from untreated solid wood.|
|Solid wood palettes and packaging made from wood composites||possible||To be agreed with your disposal partner||no||A minimum volume of 300-350kg (approx. 30 disposable pallets) must be reached per pickup. For smaller volumes, max. two pickups per year.||Sorted palettes and packaging made from untreated wood composites such as press boards or plywood.|
|EPS (e.g. Styropor®)||no||no||5 m³disposable bag||no||Sorted by loose fill (chips) and mould parts: mould parts are accepted in white, loose fill can be mixed in colour. Not contaminated with residue of previous contents, oils, colours, waste, etc., no metal residue, no foreign material such as wood, metal, glass, paper over 1mm in diameter.|