General Terms and Conditions for Transport Packaging
§ 1 Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships, all contracts and pre-contractual legal relationships between Reclay Systems GmbH, Austraße 34, 35745 Herborn and the customer, which are established via the web portal "activate - by Reclay" at activate.reclay.de (hereinafter referred to as "web portal").
The customer is a producer and/or distributor of packaging within the meaning of Section 15 (1) sentence 1 no. 1 of the Act on the Placing on the Market, Return and High-quality Recovery of Packaging (Packaging Act - VerpackG) of 05.07.2017 (Federal Law Gazette I p. 2234 ff.), which significantly expanded the packaging law obligations for producers and distributors on the occasion of its amendment by Art. 1 of the Act of 09 June 2021 (Federal Law Gazette I p. 1699) . With regard to the fulfilment of these obligations, the customer requires support through appropriate services, in particular for the take-back and recycling of the packaging they place on the market.
Reclay Systems GmbH has set up a nationwide system for the take-back and professional recycling of packaging by coordinating disposal services on a supra-regional basis. In this respect, Reclay Systems GmbH has sufficient capacities and qualifications to support the customer as a third party within the meaning of Section 35 (1) sentence 1 VerpackG.
These GTC apply exclusively to merchants and entrepreneurs. They do not apply to consumers.
The version of the GTC valid at the time of submission of the offer by the customer is authoritative. The GTC can be accessed and saved on the website activate.reclay.de. Reclay Systems GmbH reserves the right to amend the GTC at any time.
Unless otherwise agreed in writing, these GTC shall apply exclusively; any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
§ 2 Conclusion of the contract and storage of the contract text
The customer submits a binding offer for the purchase of a specific service in accordance with the provisions of these GTC ("order") at activate.reclay.de by correctly entering the information provided there, confirming it and finally approving the data entered by clicking on the button provided for this purpose. The offer is bindingly submitted at the time of the complete release of the entered offer data by the customer. Reclay Systems GmbH accepts the offer 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 out before sending the order to Reclay Systems GmbH by clicking on "Print" in the last step of the order.
Reclay Systems GmbH is in any case free to decide whether to accept an offer from the customer.
§ 3 Scope of services
Reclay Systems GmbH shall provide the following services exclusively after confirmation of the order and shall ensure that the following obligations are fulfilled for the customer's order in accordance with § 2 GTC:
After order confirmation, Reclay Systems GmbH shall exclusively provide the following services and ensure that the following obligations are fulfilled for the packaging subject to system participation listed in the customer's order in accordance with § 2 GTC:
- Transport packaging -
Reclay Systems GmbH shall, at the customer's explicit request and instruction, ensure that used and completely emptied transport packaging pursuant to Section 15 (1) sentence 1 no. 1 VerpackG (hereinafter collectively referred to as "packaging"), which typically accumulates after use at sources of non-private final consumers in the territory of the Federal Republic of Germany supplied by the customer, is collected and recycled in accordance with the provisions of the VerpackG and the Closed Substance Cycle Waste Management Act.
1. General requirements
Reclay Systems ensures the provision of an EfB-certified disposal partner network and a service team for order processing.
This does not include the preparation of documentation or the fulfilment of information obligations (pursuant to Section 15 (1) sentence 3 and Section 15 (3) sentence 4 VerpackG).
The collection of packaging at the collection points and a separately commissioned collection takes place in accordance with the following acceptance conditions:
a) The takeover and recovery of packaging placed on the market and licensed with the contractor within the meaning of section 15 (1) sentence 1 nos. 1 and 2 VerpackG is generally free of charge for the source of waste generation, provided that
aa. the packaging fulfils the requirements for recycling in accordance with the VerpackG, in particular is -provided empty of residues, i.e. spatula-, broom-, brush-clean, drip -and trickle-free, hand-dusted.
- Other adhesions or contaminants (e.g. oils, colours or other chemicals) are not permitted.
bb. the packaging is sorted, dry and separated according to the fractions listed below.
b) Collection in swap bodies/containers or loose collection is possible by arrangement with the contractor. The volume of the bins and containers must be such that collection is only necessary once a month (see also 2. Quantity and quality specifications). In the case of loose collection, the unmixed fractions must be bundled or otherwise summarised. Several packaging fractions can be collected in bags either together or separately. However, the individual bags must be collected separately and sorted by type. The packaging provided for collection must be protected from the weather and be freely accessible for the local waste disposal company and its vehicles, i.e. without barriers and at ground level (at least "from the kerb"). The total quantity of packaging provided for collection must be at least 5 m³.
c) For each collection, the exact quantity is recorded separately by fraction in a collection document, which is checked and acknowledged by the collection point. Packaging shall be collected at the collection points in accordance with the collection conditions specified in Annex 2. This agreement does not constitute a contract in favour of third parties for the collection point within the meaning of Section 328 (1) BGB. The client shall inform the collection points that the costs for containers or bags provided by the disposal company are to be borne by the collection point itself.
d) The collection points can request the current takeover conditions and the survey form to be completed before the first collection and in the event of relevant changes from the -contractor's service hotline -(( 0221 - 58 00 98 111) or at [email protected] or - as soon as available - via the app or website provided for this purpose. Used packaging is collected on call by the collection point. The collection takes place after written registration by sending the collection form by the collection point. The collection form can be sent to the following e-mail address of the contractor [email protected] or - as soon as available - via a website specified by the client or via an app provided for this purpose.
e) Collection only takes place when a total volume of at least 5 m3 is reached at the collection points.
2. Quantity and quality specifications for the fractions to be provided
The following fraction-specific quantity and quality specifications are a prerequisite for free collection at the collection point by the contractor:
| 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. |
3. Survey form & acceptance criteria
The data collection form and the acceptance criteria (Annex 2) are also available at the following link [insert link].
§ 4 Terms of payment
1. The prices are net prices plus statutory VAT.
2. The costs for the collection and handling of transport packaging within the meaning of § 3 are based on the current price list (Annex 1) [link here: price list]
The costs for collection are not included and will be invoiced separately to the customer. The prices for collection are also shown in the price list in Appendix 1.
§ 5 Payment & Invoicing
Payment shall be made exclusively in advance at the time the contract is concluded in accordance with the payment procedure specified via the web portal. Reclay Systems GmbH shall subsequently send the customer an invoice for the services rendered by e-mail. A paper-based delivery is waived.
After collection, Reclay Systems shall issue an invoice to the customer. All invoice amounts are due 14 calendar days after the invoice date and must be paid by bank transfer to the Contractor's account specified on the invoice. Invoices shall be issued exclusively by electronic means. Paper-based delivery is waived.
§ 6 Chargeback/Cancellation
If Reclay Systems GmbH's debit fails, Reclay Systems GmbH shall withdraw from the contract. The customer's order will not be processed any further. If a chargeback is made by the customer within the permitted period of 14 days, Reclay Systems GmbH shall withdraw from the contract and shall be released from providing the service.
Subsequent adjustments or corrections to the quantity reports or orders cannot be made.
If the contract is cancelled, the packaging obligations are not fulfilled by the contractor.
§ 7 Cancellation of the obligation to perform
In the event that Reclay Systems GmbH is unable to provide an ordered service after conclusion of the contract or is unable to provide it on time, Reclay Systems GmbH shall be entitled to withdraw from the contract. Reclay Systems GmbH shall inform the customer of this immediately and reimburse any payments made in return.
§ 8 Protected customer area
Reclay Systems GmbH provides its customers with an individual, protected customer area for a simplified exchange of information and data in the context of order processing. The operator of the protected customer area is Reclay Systems GmbH.
Authorisation, purpose and scope of use:
- The use of the protected customer area of Reclay Systems GmbH within the framework of "activate - by Reclay" by the respective customer requires the prior registration of the customer on the portal.
The purpose and scope are limited in particular to the download, archiving and management of invoices and quantity confirmations in PDF format, as well as the storage of customer data and updating by the customer at any time. Registration, security and availability:
- When registering on the web portal, the customer automatically sets up a customer account that gives him access to the protected area.
- When setting up the customer account, the customer is asked to provide a user name and password, which can be changed at any time. The password must fulfil certain minimum security requirements. The password is stored in hashed form.
Reclay Systems GmbH draws the customer's attention to the fact that the security of the data managed by the customer in the protected area can only be guaranteed if the customer keeps his access data (user name and password) confidential and protected against access by unauthorised third parties.
Technical safety:
- Access to the protected customer area of "activate - by Reclay" is encrypted using SSL technology and therefore complies with current security standards. Data transmissions are therefore exclusively encrypted.
- Reclay Systems GmbH has the right to adjust these security standards at any time.
- Any faults will be rectified by Reclay Systems GmbH as quickly as possible.
Reclay Systems GmbH will deactivate the customer's account if the customer notifies Reclay Systems GmbH of this request by e-mail, stating his or her details.
§ 9 Liability
Reclay Systems GmbH shall be liable without limitation in the event of wilful or grossly negligent causation of damage by Reclay Systems GmbH, its legal representatives or vicarious agents.
Reclay Systems GmbH shall only be liable for slight negligence if a material contractual obligation is breached. Material contractual obligations are those whose breach jeopardises the purpose of the contract because the registered customer is thereby deprived of or restricted in rights which Reclay Systems GmbH is obliged to grant him in accordance with the content and purpose of the contract. Liability for the breach of a material contractual obligation shall be limited to the amount of damage foreseeable at the time of conclusion of the contract.
Claims based on a guarantee, injury to life, limb or health and under the Product Liability Act and other mandatory liability provisions shall remain unaffected.
Reclay Systems GmbH shall not be liable for damages resulting from incorrect, delayed or non-existent cooperation and, in particular, information provided by the customer or unauthorised use of the web portal by third parties.
Reclay Systems GmbH shall not be liable for damage to disposal containers placed at the place of collection by third parties. In the event of a claim against Reclay Systems GmbH by third parties, in particular by third parties commissioned with the disposal, in particular due to damage to disposal containers, the customer shall be obliged to indemnify Reclay Systems GmbH upon first request.
§ 10 Confidentiality
The parties are obliged to maintain confidentiality and to disclose the information, data and documents disclosed to them both before and after termination of this contract to third parties only to the extent that this is necessary for (i) the execution of this order, (ii) the conclusion of an insurance policy, (iii) the assertion of claims arising from this order or (iv) for legal reasons. Companies affiliated with the contracting parties in accordance with § 15 et seq. AktG (German Stock Corporation Act) are not third parties within the meaning of this contract.
§ 11 Final provisions
All annexes are an integral part of these GTC.
These GTC are subject to the law of the Federal Republic of Germany. The contract language is German.
The registered customer may only assign rights and obligations arising from these GTC with the prior consent of Reclay Systems GmbH.
The exclusive place of jurisdiction for disputes arising from these GTC is Cologne.
Amendments or additions to these GTC must be made in writing to be effective. This also applies to the amendment or cancellation of this written form clause.
Should a provision of these GTC or a provision subsequently incorporated into them be or become invalid in whole or in part, or should a loophole become apparent, this shall not affect the validity of the remaining provisions. It is the express intention of the parties to maintain the validity of the remaining provisions under all circumstances and thus to waive § 139 BGB in its entirety. In place of the invalid provision or to fill the gap, the valid and enforceable provision that comes closest in legal and economic terms to what the parties intended or would have intended according to the meaning and purpose of these GTC shall be deemed to have been agreed with retroactive effect.
Should resolutions or guidelines of the Federal/State Working Group on Waste (LAGA), the Central Agency Packaging Register ("ZSVR") and amendments to the statutory or sub-statutory provisions make it necessary to amend certain contractual modalities, the parties shall adapt the corresponding clauses to the requirements in this respect. This shall not affect the validity of the remaining provisions.
In the event of deviations in translations of this contract, the German-language version shall prevail. The same applies to the interpretation of this contract
Appendix 1 - Price list (collection of transport packaging)
Appendix 2 - Data collection form
Appendix 1 - Price list (collection of transport packaging)
The prices apply to packaging in accordance with § 15 Para. 1 No. 1-3 VerpackG (transport packaging, sales and outer packaging in the B2B sector and for packaging for which no system participation is possible due to system incompatibility in accordance with § 7 Para. 5 VerpackG).
This excludes filling goods and packaging containing harmful substances!
| Services for collections | Unit | Price/unit |
|---|---|---|
| Transport flat rate per collection | pcs. | 155,00 € |
| Mixed/mixed packaging | to | 277,00 € |
| Glass | to | 50,00 € |
| PPK | to | 55,00 € |
| Kraft paper bags | to | 204,00 € |
| Ferrous metals | to | 63,00 € |
| Aluminium | to | 340,00 € |
| EPS | to | 811,00 € |
| Slide | to | 149,00 € |
| Hollow body | to | 259,00 € |
| KSt strapping belt | to | 181,00 € |
| Connected | to | 345,00 € |
| PE FOAM PLASTIC VP | to | 1.640,00 € |
| PURE FOAM VP | to | 1.640,00 € |
| EPE/XPE Expanded polyethylene | to | 1.640,00 € |
| Wood/other materials | to | 110,00 € |
The prices quoted are net plus the applicable statutory VAT per tonne and per collection.
Status Price list: 7.12.2023 (Version 1.0)
