§ 1 Scope of application, contract language
These General Terms and Conditions of Business (GTC) apply to all contracts concluded via this online platform with Redooo GmbH, Robert-Bosch-Straße 20-22, 50769 Cologne, Germany (contractor). The customer's terms and conditions shall not apply, even if the contractor does not separately object to their validity in individual cases.
The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for information purposes only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply if
the customer has his habitual residence in Germany, or
his habitual residence is in a state which is not a member of the European Union.
In the event that the customer has his habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which he has his habitual residence shall remain unaffected.
§ 3 Registration as a customer
Registration is generally necessary for ordering services via the online platform. Registration is free of charge. There is no entitlement to admission to the trading system of the contractor. Only persons of unlimited legal capacity are entitled to participate. At the request of the Contractor, the Client shall send a copy of his identity card or provide his VAT ID number and, if applicable, document his entry in the register.
For admission, the customer shall electronically complete the registration form available on the website of the contractor and email it to the contractor. The data required for registration shall be provided completely and truthfully. When registering, the customer must enter his e-mail address and choose a password. The customer undertakes to keep the password secret and not to disclose it to third parties under any circumstances. The customer shall be liable for any misuse of the access data.
Apart from the declaration of his agreement with the validity of these General Terms and Conditions, the registration is not connected with any obligations for the customer. He can delete his entry at any time under "My Account". The registration with the Contractor alone does not constitute any obligation to place an order.
If the customer's personal details change, he is responsible for updating them himself. All changes can be made online after logging in under "My account".
As a registered user, the customer does not have to enter his personal data each time, but can simply log in to his customer account before or in the course of an order with his e-mail address and the password freely chosen by him during registration.
§ 4 Collection, storage and processing of personal data
After completion of the registration, the data will be stored in the customer database of the contractor. All personal data provided by the customer will be processed in accordance with the provisions of German data protection law. Details of this can be found in the data protection declaration on the website.
The personal data, insofar as they are required for the establishment, implementation and termination of the contractual relationship, are used exclusively for order processing. In the case of payment by bank transfer, the customer's bank details will also be used for payment processing.
Our company regularly checks the creditworthiness when contracts are concluded and in certain cases where there is a legitimate interest, both for new and existing customers. For this purpose, we work together with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from whom we receive the data required for this purpose. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information pursuant to Art. 14 of the EU General Data Protection Regulation on the data processing carried out at Creditreform Boniversum GmbH can be found here: www.boniversum.de/eu-dsgvo/
The data provided by the customer shall remain stored in his customer account until he deletes it himself.
The contractor does not store the terms of the contract.
§ 5 Conclusion of the contract
The presentation of the services on the online platform does not constitute a legally binding offer, but an invitation to place an order.
By clicking on the "Payment" button, the customer can place an order. By clicking the "Order with obligation to pay" button in the last step of the ordering process, the customer makes a binding offer to order the services displayed in the order overview. Immediately after sending the order, the customer receives an order confirmation, which, however, does not yet constitute an acceptance of the contractual offer. A contract is only concluded as soon as the Contractor accepts the order by means of a separate e-mail, at the latest, however, when the container is set up.
§ 6 Correction notice
During the ordering process, the customer first places the desired services in the shopping basket. There he can change the desired number of items at any time or remove selected services completely. If the customer has placed services in the shopping basket, clicking on the "Next" buttons will take him to a page where he can enter his data and then select the payment method. Finally, an overview page opens on which he can check his details. Input errors (e.g. regarding payment method, data or the desired number of items) can be corrected by clicking on "Edit" in the respective field. If the customer wants to cancel the ordering process completely, he can simply close his browser window. Otherwise, after clicking the confirmation button "Order subject to payment", his declaration becomes binding within the meaning of § 3 para. 2 of these GTC.
§ 7 Right of withdrawal
If the customer is a consumer, he has a right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
§ 8 Services of the contractor
The Contractor shall perform the services specified in the order for the Customer. The scope of services includes, according to the type of service agreed upon
The provision of containers of the type, size and number specified in the contract,
The removal of the provided Containers at the agreed location and the transport of the Waste to the Recovery/Disposal Facility,
The recycling/disposal of the waste specified in the contract in a proper and
waste specified in the contract.
In all other respects, all measures taken by the Contractor in addition to the actual disposal service (e.g. testing, analysis) serve exclusively to fulfil the Customer's legal obligations.
The disposal shall be carried out - as far as possible - by means of a mobile electronic collection system. When the containers are collected, no inspection of the waste materials shall be carried out by the Contractor. The basis for invoicing is the classification of the waste by the disposal facility.
The contractor shall be entitled to use third parties for the fulfilment of this contract.
If the contractually agreed service is no longer permissible in the previously practised manner as a result of amended statutory regulations, the contractor shall carry out the disposal in accordance with the amended regulations. Any additional costs incurred as a result shall be borne by the customer.
§ 9 Obligations of the Customer
The Customer shall be responsible for creating all conditions for the proper provision of the service in accordance with the law. The customer shall ensure that the waste handed over is not to be handed over to a public waste disposal authority in accordance with the provisions of the Closed Substance Cycle Waste Management Act. He shall ensure that the disposal is carried out during normal business hours.
The customer may only fill the containers with waste that corresponds to the waste fraction ordered. The contractor must be informed immediately of any changes in the composition of the waste.
The collection of the containers shall take place after notification by the customer. The notification shall be made in text form, unless another form has been agreed.
The waste shall become the property of the contractor upon acceptance/collection. Hazardous waste and waste that does not correspond to the waste specified in the order are excluded from this. The latter may be rejected by the contractor or disposed of at the customer's expense.
The performance obligations assumed by the contractor do not release the customer from his responsibility under waste management law. The client shall cooperate to the extent required in the performance of the contract and in particular make the declarations required for the performance of the service.
The Contractor shall be notified immediately in text form of any official directives that have an influence on the contractual service. In the event of a breach of these notification obligations, the customer shall bear the resulting costs and expenses.
Agreed service deadlines are binding. Downtimes and waiting times not caused by the contractor as well as futile journeys are subject to a charge.
§ 10 Provision of waste containers
For a period of 14 days the required containers shall be made available to the customer free of charge. Thereafter, the Contractor may charge a rent of € 1.00 per day. If the customer has not provided more detailed information on the installation site in his order or if this proves to be unsuitable, the contractor shall be entitled to determine an installation site which he considers to be suitable.
The customer undertakes to handle the containers with care and to observe the manufacturer's operating instructions, in particular the maximum filling height and the permissible filling weight. The customer shall be liable for damage to the containers which is not due to normal wear and tear, for heavy soiling and loss during the period of use, unless the damage or loss is the fault of the contractor. The Contractor must be notified immediately in text form of any damage or other changes to the containers.
The customer shall be liable for the selection of the location of the containers, in particular for a sufficiently paved subsoil and guarantees their free accessibility for removal. The containers may not be moved without the consent of the contractor.
The customer shall be responsible for the safety of the containers. Necessary official permits for the use of public traffic areas are to be obtained by the customer at his own expense prior to provision. The customer shall be liable for the failure to secure the containers or the lack of a permit and shall indemnify the contractor against any claims by third parties in this respect.
§ 11 Prices and price adjustment
Unless otherwise agreed, the prices stated in the order shall apply. They only include the services designated in the contract. Additional or special services may be invoiced separately if they have been arranged by the customer or are required by law. This also includes the disposal of containers whose maximum filling weight is exceeded.
Furthermore, costs due to official requirements and fees are excluded from the prices stated. These will be invoiced separately to the customer.
If there are more than 4 months between the conclusion of the contract and the performance of the service, the contractor shall be entitled to adjust the agreed prices by the amount by which the costs on which the price calculation is based, in particular wage and ancillary wage costs, energy costs, taxes, duties, relevant raw material price indices as well as costs for services of third parties (e.g. disposal/recycling plants) etc., have demonstrably increased.
§ 12 Terms of payment
Payment shall be made at the customer's discretion by means of the payment options offered on the online platform. Unless otherwise agreed, the price shall be due for payment without deduction immediately upon placing the order, at the latest upon receipt of an invoice. The agreed method of payment shall also apply to any subsequent invoices.
In the case of payment by credit card, the contractor is entitled to authorise the invoice via the credit card provider. The account will be debited immediately, at the latest 14 days after the order.
If payment is made by SEPA direct debit, the contractor shall be entitled to send the advance notification ("PreNotification") with a shorter period than 14 days before the due date. If the collection of invoice amounts is not feasible for reasons for which the customer is responsible, any costs incurred shall be borne by the customer.
When paying with PayPal, the customer will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, legitimise himself with his access data and confirm the payment instruction to the contractor. After the order has been placed, PayPal will be requested by the contractor to initiate the payment transaction. The customer will receive further instructions during the order process.
If there are justified doubts about the creditworthiness of the customer, the contractor can demand an advance payment or an appropriate security and revoke granted payment terms even after conclusion of the contract.
§ 13 Liability
The contractor shall be fully liable for damages resulting from injury to life, body or health as well as for damages based on intentional or grossly negligent breaches of contract as well as fraudulent intent. In the case of other damages, liability shall not apply in the case of slightly negligent acts, unless it is a breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the fulfilment of which the customer may regularly rely. In this case, the liability, also for representatives and vicarious agents, is limited to the direct average damage that is foreseeable and typical for the type of performance. The Contractor shall not be liable for indirect and consequential damages - to the extent permitted by law.
The customer shall be liable to the contractor for the correctness of the information provided to him as well as for direct and indirect damage resulting from the fact that he violates his contractual obligations. The customer shall indemnify the contractor in this respect against all claims of third parties.
§ 14 Assignment, set-off, right of retention
The customer shall only be entitled to assign claims against the contractor in whole or in part with the prior consent of the contractor.
The customer may only set off his own claims against the contractor's claims if these are undisputed or have been legally established or are in a close reciprocal relationship to the contractor's claim. He shall also only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 15 Force Majeure
The Contractor's obligations under this contract shall be suspended for as long as the performance of the service owed is substantially impeded or impossible for reasons for which the Contractor is not responsible (e.g. force majeure or other circumstances such as strikes, lockouts or official decrees).
§ 16 Final provisions
Unless otherwise agreed, amendments and additions to the contract must be made in writing in order to be effective.
Should one or more provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to immediately replace invalid or unenforceable provisions with valid ones that come as close as possible to the economic purpose of the invalid provisions. The same shall apply in the event of a loophole in the contract.
Insofar as the customer is not a consumer, the place of jurisdiction is the contractor's place of business. There shall be no participation in dispute resolution proceedings before a consumer arbitration board.