General Terms and Conditions for recozy as an Offer of Sustainable Manufacturing GmbH
§ 1 Scope, Identity, Definitions
(1)These General Terms and Conditions (from now on: GTC) apply to all contracts concluded between a consumer or business (together from now on: Customer) and recozy as an offer of Sustainable Manufacturing GmbH (from now on: Seller) through the website www.recozy.de/en.
(2) A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. A business is any natural or legal person or legally capable partnership that orders for commercial, self-employed, or freelance purposes.
(3) These GTCs apply in the version valid at the time of the contract conclusion for current and future business relationships between the Seller and the Customer, even if not explicitly agreed upon again. Divergent conditions of the Customer are not recognised unless the Seller expressly agrees to their validity.
§ 2 Offers and Service Descriptions
(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to submit a binding offer to conclude a purchase contract. Service descriptions in catalogues and on the Seller’s websites do not have the character of an assurance or guarantee. The quality of the goods offered in the online shop is exclusively based on the product descriptions. The product images are only for illustrative purposes and may differ slightly in colour due to the manufacturing process (additive manufacturing/3D printing). Note that online displays can vary from monitor to monitor and may not exactly reflect the original template.
(2) All offers are valid “while stocks last,” unless otherwise noted for the products. Errors are excepted.
§ 3 Registration for New Business Customers in the Trade Shop (B2B)
(1) Before submitting a commercial order (B2B), new business customers must register online. The provided registration form must be completed truthfully. Any changes to the data must be reported to us immediately. recozy is entitled to request a copy of the business registration without giving reasons. There is no entitlement to registration. Upon the customer’s request, recozy will delete the registration data immediately.
(2) If recozy rejects the registration, the customer will receive a separate access code and password and will be granted permission to use the system. The customer is obliged to keep these credentials confidential and not to disclose them to any third party. If the access code and/or password are lost, the customer must inform us immediately and have the data blocked. Any misuse will be the customer’s responsibility.
(3) recozy is entitled to revoke the access permission at any time without giving reasons.
§ 4 Ordering Process and Conclusion of Contract
(1) The contract with a private customer (consumer) is concluded by completing the ordering process, about which the Seller informs the private customer (consumer) briefly below.
(2) The private customer (consumer) can select products from the Seller’s range without obligation and collect them in a shopping cart via the button “Add to cart.” The private customer (consumer) can then proceed to the checkout by clicking the button “Proceed to checkout” within the shopping cart. Here, the private customer (consumer) must enter all the necessary data in the designated fields.
(3) By clicking the button “Buy,” the private customer (consumer) submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the private customer (consumer) can review and change the data at any time; in particular, they can print out the contract text before submitting the order using their browser’s print function. Required fields are marked with an asterisk (*).
(4) The Seller will then send the private customer (consumer) an automatic acknowledgement of receipt by email, in which the order of the private customer (consumer) is listed again. The automatic acknowledgement of receipt merely documents that the order of the private customer (consumer) has been received by the Seller and does not constitute an acceptance of the application. The purchase contract is only concluded when the Seller ships the ordered product to the private customer (consumer) within 5 working days, hands it over, or confirms the shipment to the private customer (consumer) within 5 working days with a second email, an explicit order confirmation, or by sending the invoice.
(5) The contract with the private customer (consumer) is concluded in German.
(6) The presentation of the products in the trade shop (B2B) at www.recozy.de, the B2B catalogues, product descriptions, sales offers, or documents – also in electronic form – does not constitute a legally binding offer. It is non-binding, subject to change, and specifically intended for trade.
(7) The order of the goods by our business customer (business) is considered a binding contractual offer directed to recozy. recozy will confirm receipt of the order as soon as possible, but no later than 72 hours. The acknowledgement of receipt does not yet constitute a binding acceptance of the order. The acceptance of the order is made by a separate order confirmation by email or by the delivery of the goods to the customer.
(8) When using the trade shop (B2B), the business customer (business) submits a binding order for the goods in the shopping cart by clicking the button “place binding order.” The confirmation of receipt of the order follows immediately after sending the order by email.
(9) recozy is entitled to reject the acceptance of the order – for example, after checking the customer’s creditworthiness – or to change the desired payment conditions. recozy is also entitled to limit the order to a customary amount. If recozy does not accept the order, the business customer (business) will be informed. recozy is not obliged to accept an order.
(10) Illustrations, drawings, measurements, quality specifications, and colour shades are industry-standard approximate values. Customary deviations, technical changes, as well as changes in form, colour, and/or quality, are reserved, provided such changes and deviations are reasonable, taking into account the business customer's purchase interests.
§ 5 Prices and Shipping Costs
(1) The prices listed in the offer at the time of ordering apply. The prices stated for private customers (consumers) are final prices, i.e., they include the applicable statutory value-added tax, plus shipping costs. The prices stated for business customers (businesses) are net prices, i.e., they do not include the applicable statutory value-added tax.
(2) In addition to the stated prices, the Seller charges shipping costs for delivering the goods to business customers (businesses) depending on the order volume. Delivery to private customers (consumers) is generally free of charge.
(3) Within Germany, shipping is free of charge for business customers (businesses) for orders with a net order value of €300 or more (= shipping cost exemption limit). For orders below the shipping cost exemption limit, business customers (businesses) will be charged up to €15 per delivery. The allocation of these costs is at recozy’s sole discretion.
(4) Within Europe, shipping is free of charge for business customers (businesses) for orders with a net order value of €300 or more (= shipping cost exemption limit). For orders below the shipping cost exemption limit to European countries, business customers (businesses) will be charged up to €50 per delivery. The allocation of these costs is at recozy’s sole discretion.
(5) Deliveries outside the EU, including to Switzerland or the United Kingdom, are generally subject to a fee. Business customers (businesses) will be charged up to €100 per delivery for all shipments. The allocation of these costs is at recozy’s sole discretion.
§ 6 Retention of Title
(1) The delivered goods remain the property of the Seller until full payment has been made.
§ 7 Right of Withdrawal
(1) If the customer is a consumer, they have the following right of withdrawal in the case that the contract was concluded solely using means of distance communication.
(A) Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us, Sustainable Manufacturing GmbH, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(B) Effects of Withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
(C) Model Withdrawal Form (If you want to withdraw from the contract, please fill out this form and send it back.)
To:
recozy
c/o Sustainable Manufacturing GmbH
Industriepark 7
27777 Ganderkesee
E-Mail: sales@recozy.de
I/we () hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) Ordered on (*) / received on (*):
Name of consumer(s):
Address of consumer(s):
Date, signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
Download Model Withdrawal Form
(D) The right of withdrawal does not apply to:
(a) Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
(b) Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
§ 8 Returns
(1) If the private customer (consumer) is not satisfied with their purchase, they may return the delivered products within 14 calendar days of receipt. The goods must be sent to the following address:
recozy
c/o Sustainable Manufacturing GmbH
Industriepark 7
27777 Ganderkesee
E-Mail: sales@recozy.de
The return shipping costs are to be borne by the private customer (consumer). Lost or misdirected returns will not be refunded without proof of shipment with a Track & Trace code. This also applies if delivered products are not returned on time. The customer must return all products they wish to return in their original condition and well-packaged in the original packaging to the seller to avoid damage during shipping.
(2) The refund of the purchase price will be made after receiving and inspecting the products via the original payment method.
(1) The statutory warranty rights apply.
(2) If delivered items have obvious transport damage, the customer is requested to complain immediately to the logistics partner of the seller and to contact the seller as soon as possible.
§ 10 Liability for Defects
(1) The following liability exclusions and limitations apply to the seller’s liability for damages, notwithstanding other statutory entitlement requirements.
(2) Liability for intent, deceit, and guarantees is unlimited. In cases of gross negligence, the seller is liable for the typical, foreseeable damage at the time of contract conclusion. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the violation of which endangers the achievement of the contract’s purpose, or for the violation of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies (so-called cardinal obligations). In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(3) The above liability limitations do not apply in the event of injury to life, body, or health, for a defect after assuming a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) Insofar as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 11 EU Dispute Resolution
The European Commission has established an Internet platform for online dispute resolution (ODR) (Art. 14 para. 1 ODR-VO and § 36 VSBG). The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations from online sales contracts. You can reach the platform at the following link: ec.europa.eu/consumers/odr
§ 12 Final Provisions
(1) The contract between the customer and the seller is subject to the law of Germany.
(2) If
(a) the customer does not have a residence in Germany at the time of ordering, or
(b) if they move their residence abroad after the contract conclusion, or
(c) if their residence is unknown at the time of filing a lawsuit,
the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Bremen.
(3) The place of jurisdiction and performance is the seller's place of business if the customer is a merchant, a legal entity under public law, or a special fund under public law.
(4) If one or more provisions of these terms and conditions are invalid or become invalid, this does not affect the validity of the other provisions.