General Terms and Conditions of Business (GTC)
for use of the online portal Landbell EASy-Shop
operated by Landbell AG
- as at November 2015 -
Landbell AG operates a private-sector take-back system for sales and transport packaging in the Federal Republic of Germany and European Recycling Platform (ERP) Austria GmbH operates a collection and recovery system for household packaging in the Republic of Austria. The services provided are performed on the basis of independent contracts. The online portal Landbell EASy-Shop enables manufacturers and distributors of sales packaging and transport packaging (Germany) and parties putting household packaging into circulation (Austria) to conclude a so-called participation agreement (sales packaging, Germany) and/or service agreement (transport packaging, Germany) or participation agreement (Austria).
This is subject to the following conditions:
1. Use authorisation
The user may use the online portal Landbell EASy-Shop only if he has expressly confirmed his acceptance of these GTC.
2. Scope of use
The online portal Landbell EASy-Shop may exclusively be used by commercial manufacturers and distributors, i.e. parties putting household packaging into circulation, and for associated information, as well as for payment transactions with the aim of entering into a participation and/or service agreement or participation agreement. The user is expressly advised that entry into an agreement does not entitle him to use the "Green Dot" symbol.
3. Technical malfunctions and liability of Landbell AG as the operator
3.1 In the event of technical malfunctions, Landbell AG will, within reason, remedy them as quickly as possible. It will inform the user thereof as far as technically possible and reasonable.
3.2 The liability of Landbell AG as the operator is limited – in so far as the law so permits – to wilful misconduct and gross negligence.
4. Data protection
Our data protection practice is in harmony with the applicable legal regulations on data protection for Germany and Austria.
4.1 SSL encryption: We encrypt all data with the SSL security certificate
The following data are encrypted: personal data, credit card information, account information
4.2 Collection and use of information: If you submit an order to us, we must ask for your name, email address and business address and for the details necessary for processing payment. Only with this information are we able to process and fulfil your order. The user is aware that the personal data required for registration are stored on data storage media, and to such storage the user gives his consent. The user expressly consents to the collection, processing and use of his personal data. The stored personal data will, of course, be treated confidentially by Landbell AG. The collection, processing and use of the user's personal data are carried out in line with the applicable legal regulations on data protection for Germany and Austria.
4.3 Storage of addresses: We treat the information you submit to us with strict confidentiality. In our IT systems we store only your name, your address and data that are order-related and permitted by law.
4.5 Use of data and disclosure of data to third parties: Your personal data are available exclusively to Landbell AG as the operator and are not disclosed to third parties that are not directly responsible for the online transaction process. Transfer of data to the following partners is necessary: Heidelpay, HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l., and PayPal; for Austria also: European Recycling Platform (ERP) Austria GmbH.
4.6 Consent: By using Landbell EASy-Shop you consent to the collection and use of this information. If you have questions concerning data protection, you can contact us at firstname.lastname@example.org (Germany) or email@example.com (Austria).
5. Offers and entry into contracts
5.1 We are able to accept an order and payment from the customer, which constitute a binding offer to enter into a contract with us, within one week by sending a notice of confirmation. The confirmation is usually sent immediately by email. In the exceptional event that we do not accept an offer to enter into a contract, notification to that effect will be sent by email, and any payments made will be refunded immediately.
5.2 Until a contract is concluded, our offers remain subject to change without notice and are non-binding unless we have expressly described them as binding.
5.3 Should the contract, invoice, or annual quantity confirmation require correction because of incorrect information provided by the customer in connection with the offer to enter into a contract or in connection with the annual declaration, then a flat administrative fee in the amount of €10 plus statutory value added tax must be paid for each correction.
6. Applicability of contract provisions
In other respects, the provisions of the contract formed between Landbell AG (for Germany) or European Recycling Platform (ERP) Austria GmbH (for Austria) and the customer shall apply
7. General provisions
7.1 The user's own conditions, when different from ours, are hereby expressly excluded. We accept them only if it has been expressly agreed in writing that we do so. All collateral agreements must be confirmed in writing.
7.2 Use of the Landbell EASy-Shop is governed exclusively by the law of the Federal Republic of Germany excluding its conflict of law rules. The use of the UN Convention on Contracts for the International Sale of Goods is excluded. The exclusive legal venue for merchants is Frankfurt am Main, Germany.
7.3 If individual provisions of these General Terms & Conditions of Business are or become invalid, the validity of the other provisions will not be affected thereby. In the event that a particular provision is invalid, the contracting parties must endeavour to reach a new agreement, taking into account the interests of both sides, that comes closest to the economic purpose of the invalid provision.