Terms of Service

Our general terms and conditions are binding upon sending your order.
The general terms and conditions regulate the conclusion of the contract, obligations of erka Verpackungssysteme GmbH and the user and the execution of contracts concluded between the user and erka Verpackungssysteme GmbH.


owner / operator information

erka Verpackungssysteme GmbH
Oranienburger Str. 13
26388 Wilhelmshaven
Germany

Phone: +49 4421 9765-0
Fax: +49 4421 9765-25
E-Mail:info@erka.net
eShop: www.erka.net

Managing Director: Jürgen Lamberty, Miles Lamberty

Value added tax identification number according to § 27 a value added tax law: DE161002736

Responsible for content according to § 6 MDStV: Jürgen Lamberty


Disclaimer

Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.




Subject of the General Terms and Conditions

Subject of the General Terms and Conditions is the regulation of the contractual conditions for all contracts of erka Verpackungssysteme GmbH (provider) with the user of the online shop (user), which are concluded via the online shop. The General Terms and Conditions apply in the version valid at the time of the conclusion of the contract.



1. Conclusion of the contract

1.1 The offers of the online shop are non-binding. By clicking the order button, the user bindingly declares to the provider that he wishes to purchase the contents of the shopping basket. The contract comes about by explanation of the offerer after sending the order. After clicking on the order button, the user receives the declaration in the form of an order confirmation. The contract came into being with it.


1.2 The offers in the online shop are aimed exclusively at traders. Daily orders from private individuals are invalid and will not be delivered.



2 Information duties

2.1 The user is obliged to provide truthful information when ordering. If customer data changes, in particular name, address, and e-mail address, the user is obliged to inform the provider of this change immediately by e-mail to info@erka.net or in the case of registered customers (customer account) by changing the information in the customer area of the online shop.


2.2 If the user omits this information or provides false data from the outset, in particular an incorrect e-mail address, the provider may withdraw from the contract if a contract has been concluded. Withdrawal is declared in writing. The written form is also ensured by sending an e-mail.


2.3 The provider sends the customer immediately after conclusion of the contract an email with the customer information to the email address given by the user during the order.


2.4 The user is obliged to inform the provider immediately at info@erka.net if this email has not reached him within 4 hours after conclusion of the contract.


2.5 The customer has to ensure that his indicated e-mail account is reachable from the time of the indication and receipt of e-mail messages is not excluded due to forwarding, closure or overfilling of the e-mail account.


2.6 The defectiveness of the information is assumed if an e-mail addressed to the user is returned three times in succession or if the service cannot be rendered due to an incorrect address.



3. prices

3.1 All prices are displayed as net prices in euros, plus the respectively valid value-added tax. The prices are valid at the time of the order. If, for example, special offers are only valid for a certain period of time, the period of the special offer will be clearly indicated.


3.2 Special offers and special items are valid while stocks last. We reserve the right of prior sale.



4. data privacy

4.1 Customer data are stored and used exclusively for the processing of the order. This is based on the relevant data protection provisions of the General Data Protection Regulation ("EU GDPR"), the Telemedia Act ("TMG") and the Federal Data Protection Act ("BDSG"). Please also note our privacy policy.


4.2 Additional services (customer account, newsletter) require the consent of the user due to the mentioned laws.



5. Right of Withdrawal - Cancellation Policy

A right of revocation is expressly excluded according to §13 BGB.



6. Delivery of goods, provision of services

6.1 The order will be processed immediately, but at the latest on the following working day after its receipt by the provider.


6.2 With the handover of the goods to the supplier, the supplier has fulfilled his obligation to perform and the risk is transferred to the user. All agreements made on deliveries, in particular on dates and deadlines, are non-binding and subject to change without notice.


6.3 The services will be provided to the user immediately, unless otherwise agreed. In case the service is not to be provided via the Internet and the user cannot be found at the address provided by him, the user shall be in default of acceptance of the service. He has to reimburse the provider then the additional expenditures resulted from the futile approach.


6.4 The provider no longer needs to provide the promised service and can withdraw from the contract if the user could not be found twice in succession despite written agreement of an appointment.


6.5 If the provider of the promised service does not provide at the agreed time, the user can withdraw from the contract.

6.6 The provider reserves the right to provide a service (goods or service) of equivalent quality and price in the event that the contractual service is not available.


6.7 If it is not possible to provide a service of equivalent price and quality, the provider may withdraw from the contract and need not provide the promised service. In this case, the provider is obliged to inform the user immediately about the unavailability and to immediately refund any consideration already paid by the user.


6.8 Paragraphs 6 and 7 only apply if the provider is not responsible for the unavailability of the promised goods or service and has not guaranteed the delivery or service provision to the user.



7. Packaging and shipping costs

7.1 The costs for packaging shall be borne by the supplier.


7.2 Shipping costs only apply to deliveries of goods, with the exception of regular recurring deliveries (subscriptions).


7.3 The supplier demands shipping costs. For each order up to a value of EUR 250.00 within the Federal Republic of Germany, we charge shipping costs based on the weight of the consignment. From EUR 250.00 value of goods we deliver free of charge within Germany.


For deliveries abroad, other shipping costs apply, which can currently be requested from us on +49 4421 - 9765-0 before each order.

The delivery takes place for pallets at free ground level unloading point or ramp, for packaged goods behind the first closed door. The customer is responsible for transport on the floor.

 
7.4 The final shipping costs will be communicated to the customer after order in the form of an order confirmation.


7.5 Bulky goods packages are charged at the actual costs incurred. In this case, the customer will be informed in advance by e-mail or telephone.


7.6 For delivery of goods abroad, the actual shipping costs will be charged. Any customs clearance and taxation is the responsibility of the customer and is not included in the freight cost price or the item price.


7.7 For deliveries to German islands we charge a shipping surcharge of EUR 7.00 per shipment.



8. Disposal

8.1 The offers of our house are excl. DSD fees. We assume that you or your customers will dispose of the packaging delivered in accordance with the Packaging Ordinance, or will pay any fees yourself to DSD, DSDI or a recognised disposal company. Of course, we are happy to dispose of returned transport and outer packaging (delivery obligation) for a fee. Any deviations from orders have to be in writing.



9. Payment

9.1 The purchase price or remuneration is due immediately, unless otherwise agreed. We offer the method of payment by prepayment and direct debit. After inclusion in our customer base and the corresponding first order, companies with a valid VAT ID number can deliver on open account from the second order onwards.


9. 2 If the subject of the contract is a recurring service and the user has to make a regular payment, the user has to make this payment on the first of each month in advance. In the case of termination, any excess payments will be reimbursed pro rata temporis.


9.3 The user is automatically in default if payment has not been made 10 days after receipt of the request for payment (invoice or order confirmation for prepayment). In the case of recurring services, the user shall be in default of payment without a reminder if he fails to meet the payment deadline.


9.4 In the event of default, the statutory default interest shall be charged.


9.5 The customer is only entitled to set-off if his counterclaims have been legally established or if they have been acknowledged by the provider.


9.6 The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.



10. Retention of title

The supplied commodity remains up to the complete payment of the purchase price property of the offerer, independently of expiration of the period of revocation.

The extended retention of title applies.



11. Warranty

The limitation period for legal claims for defects of the packaging machines and equipment supplied by us is 1 year and begins on the date of delivery, i.e. receipt of the item by the purchaser. Your warranty claims are initially limited to subsequent performance.



12. Continuous obligations, termination

12.1 If the parties to the contract have concluded a contract which has a recurring service as its subject matter or which is subject to a different continuous obligation relationship, the customer shall be entitled to terminate the contract for the first time after expiry of 6 months with a period of notice of one month to the end of the following month.


12.2 The right of the customer to terminate without notice at any time for good cause remains unaffected by the provision of paragraph 1. An important reason exists in particular if one of the two contractual parties sustainably violates its contractual obligations and a continuation of the contractual relationship is therefore unreasonable. The extraordinary termination must be preceded by two written requests to comply with the contractual obligations.



13. Applicable Law

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


14. Deviating conditions of the customer

In the event that the customer uses his own general terms and conditions which differ in content from these general terms and conditions, the general terms and conditions of the provider shall apply exclusively.





Status: 30.07.2018