General Terms and Conditions

1 General - Scope of application

(1) We do not recognise any terms and conditions of the customer that conflict with or deviate from our Terms and Conditions of Sale unless we have expressly agreed to their validity in writing. Our Terms and Conditions of Sale shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our Terms and Conditions of Sale.

(2) All agreements made between us and the customer for the purpose of executing this contract are set out in writing in this contract.

2 Offer - Offer documents - Conclusion of contract

(1) If the order is to be qualified as an offer in accordance with § 145 BGB, we can accept this within 2 weeks.

(2) All our offers are non-binding. Declarations of acceptance and orders require our written confirmation to be legally effective. The details in the order confirmations regarding the scope of delivery, appearance, performance, dimensions and weights are to be regarded as approximate and do not represent guaranteed characteristics.

(3) We or our sub-suppliers reserve ownership rights and copyrights to illustrations, drawings, calculations, tools, printing documents, templates, samples and other documents, even if the costs for the creation of these documents and tools are charged to the customer. This also applies to such written documents that are labelled "confidential". The customer requires our express written consent before passing them on to third parties.

(4) The customer shall bear sole responsibility for artwork, films, printing plates and other documents provided by the customer. A print approval declared by the customer is binding. If the customer does not object to a proof sent within 3 days, it shall become binding.

(5) The customer shall be liable for ensuring that the documents provided by him are free of third-party rights. We are under no obligation to check this. By placing an order, the customer shall indemnify us against all claims asserted against us due to any infringements of rights. We are not obliged to accept orders or may withdraw from orders that involve an infringement of third-party rights or harbour the risk of such infringements.

(6) Wir sind berechtigt, Mehr- oder Minderlieferungen bis zu 10 %der bestellten Ware vor zunehmen. Bei Bestellung von geringeren, als in Katalogen oder Werbebroschüren angegebenen Mindestmengen, behalten wir uns die Erhebung einer gesonderten Bearbeitungsgebühr bzw. eines Mindermengenzuschlags vor.

(7) In the event of non-delivery or delayed delivery to us and in cases of force majeure, we shall be entitled to withdraw from the contract. The customer shall not be entitled to claim compensation in such cases.

(8) The customer is obliged to state in the order whether he is reselling the goods to an end consumer. In the event of a breach of this obligation or if the goods are sold to an end consumer contrary to the information provided in the order, the rights under § 478 BGB shall be deemed waived.

3 Prices - Terms of payment

(1) Unless otherwise stated in the order confirmation, our prices shall apply "ex dispatch centre", excluding packaging, freight, postage, insurance and other shipping costs; these shall be invoiced separately.

(2) The statutory value added tax is not included in our prices; it will be shown separately on the invoice at the statutory rate on the day of invoicing.

(3) The deduction of discounts requires a special written agreement.

(4) Unless otherwise stated in the order confirmation, the net purchase price (without deduction) is due for payment immediately from the invoice date. The statutory provisions regarding the consequences of default of payment shall apply.

(5) The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognised by us. Furthermore, he is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

(6) We reserve the right to make deliveries to new customers dependent on advance payment. If deliveries or partial deliveries are not paid on time, we reserve the right to postpone the delivery of current orders or new orders or to make them dependent on advance payment.

(7) If the customer does not accept goods that have been properly ordered and are ready for delivery even after a reasonable grace period has been set, we shall be entitled, at our discretion, to demand fulfilment of the contract or to withdraw from the contract and claim damages for non-fulfilment in the amount of 25 % of the order value (excluding VAT). The customer reserves the right to provide evidence of lower damages.

(8) In the event of an unforeseeable change in customs duties, value added tax, exchange rates, freight costs, insurance premiums and other charges incurred when the order is placed, we shall be entitled to amend the price in accordance with the change in favour of and at the expense of the customer, without this giving rise to a right of withdrawal.

4 Delivery time

(1) The start of the delivery period stated by us is subject to the clarification of all technical questions. In particular, delivery deadlines shall only apply once we have received the complete documents, data and other services to be provided by the customer.

(2) Compliance with our delivery obligation shall also be subject to the timely and proper fulfilment of the customer's obligation. The defence of non-performance of the contract remains reserved.

(3) If the customer is in default of acceptance or culpably violates other obligations to co-operate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

(4) Insofar as the requirements of paragraph (3) are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

(5) We shall be liable in accordance with the statutory provisions if the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible or to a breach of material contractual obligations; fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is not due to a wilful breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(6) Im Übrigen haften wir im Fall des Lieferverzugs im Rahmen einer pauschalierten Verzugsentschädigung in Höhe von maximal 15 %des Lieferwertes.

(7) Further statutory claims and rights of the customer remain reserved.

5 Transfer of risk - packaging costs - dispatch

(1) Unless otherwise stated in the order confirmation, delivery "ex dispatch centre" is agreed.

(2) If, at the customer's request, the goods are delivered to a place other than the seller's place of fulfilment, the risk shall pass when the goods are handed over to the forwarding agent, carrier or other person designated to carry out the shipment.

(3) Transport packaging and all other packaging in accordance with the packaging regulations shall not be taken back, with the exception of pallets. The customer is obliged to dispose of the packaging at his own expense.

(4) If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.

(5) The customer is obliged to immediately check the goods for packaging damage and freedom from defects.

(6) We shall choose the shipping route and the shipping method according to the best economic circumstances, without any obligation for a possibly more favourable shipping method. Special modes of dispatch must be notified by the customer in writing.

6 Liability for defects

(1) Claims for defects on the part of the customer presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 HGB (German Commercial Code). The complaint period is a maximum of 3 working days after receipt of the goods. Any warranty is excluded for improper storage of the delivered goods at the customer's premises.

(2) We deliver the ordered goods in standard commercial quality. In the case of a purchase by sample, the previous sampling shall be decisive for the quality to be maintained. Reasonable changes caused by technical innovation or further development and by production shall be accepted by the customer as being in accordance with the contract.

(2.1) Tolerances:
The specified diameters of the drinking straws refer to the outer diameter. The inner diameter may vary due to different wall thicknesses depending on the material.

(2.2) Tolerances especially for drinking straws and buckling straws:
A wall thickness of 0.2 mm is aimed for. A technical tolerance of +/- 0.03 mm may occur. The tolerance for the length of the straws is +/- 5 mm, for the diameter up to +/- 0.3 mm (for ecological drinking straws even up to +/- 0.6 mm). We are entitled to make excess or short deliveries of up to 10 % for packaging units, even for customised products. No complaints will be recognised within the specified tolerances.

(3) If there is a defect in the purchased item, the customer shall be entitled to choose between subsequent fulfilment in the form of rectification of the defect or delivery of a new defect-free item. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.

(4) If the subsequent fulfilment fails, the customer shall be entitled, at his discretion, to demand withdrawal or a reduction in price. The return of rejected goods requires our prior consent.

(5) We shall be liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Insofar as we are not accused of wilful breach of contract, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(6) We shall be liable in accordance with the statutory provisions if we culpably breach a material contractual obligation; in this case, however, our liability for damages shall be limited to the foreseeable, typically occurring damage.

(7) Liability for culpable injury to life, limb or health remains unaffected; this also applies to mandatory liability under the Product Liability Act.

(8) Unless otherwise stipulated above, liability is excluded.

(9) The limitation period for claims for defects is 12 months, calculated from the transfer of risk. In the case of Far East goods and so-called cent articles, the warranty period is limited to the normal service life of the corresponding article, with a maximum of 12 months, calculated from the transfer of risk.

(10) The limitation period in the case of a delivery recourse according to §§ 478,,479 BGB remains unaffected; it is five years, calculated from delivery of the defective item.

(11) In the event of a sale to an end consumer within the meaning of the German Civil Code (BGB), the statutory provisions shall apply with regard to liability for defects.

7 Total liability

(1) Any further liability for damages other than that provided for in § 6 is excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from culpa in contrahendo, other breaches of duty or tortious claims for compensation for property damage in accordance with § 823 BGB.

(2) Insofar as our liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

8 Retention of title

(1) We reserve title to the purchased item until all payments arising from the delivery contract have been received. In the event of behaviour contrary to the contract on the part of the customer, in particular in the event of default of payment, we shall be entitled to take back the purchased item. If we take back the purchased item, this shall not constitute a cancellation of the contract unless we have expressly declared this in writing. The seizure of the purchased item by us shall always constitute a cancellation of the contract. After taking back the purchased item, we shall be authorised to sell it; the proceeds from the sale shall be offset against the customer's liabilities, less reasonable selling costs.

(2) In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing.

(3) The customer shall be entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (including VAT) of our claim which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The customer shall remain authorised to collect this claim even after the assignment. Our authorisation to collect the claim ourselves remains unaffected by this. However, we undertake not to collect the claim as long as the customer fulfils his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of bankruptcy, composition or insolvency proceedings has been filed and payments have not been suspended. If this is the case, however, we can demand that the customer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(4) We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realisable value of our securities exceeds the claims to be secured by more than 10%; we shall be responsible for selecting the securities to be released.

9 Other

(1) We and our suppliers are entitled to affix our company logo or our company name to the delivered goods and to use the goods delivered by us for commercial purposes, in particular for display in our business premises and for illustration in catalogues and brochures of all kinds.

(2) We are authorised to store the data that comes to our knowledge in connection with the business transaction and to pass it on to the contractual partners engaged by us for processing.

(3) Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions or the underlying contract.

10 Place of jurisdiction - Place of fulfilment

(1) If the customer is a merchant, the place of jurisdiction shall be our registered office; however, we shall also be entitled to sue the customer at the court of his place of residence.

(2) The law of the Federal Republic of Germany shall apply; the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

(3) Unless otherwise stated in the order confirmation, the place of fulfilment shall be the place of dispatch of the goods so that we can bring an action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), we shall be entitled to claim compensation from the third party.