General Terms and Conditions (GTC) of ReRec GmbH

Please read these terms and conditions carefully and completely before using a service from ReRec GmbH.

Overview of the GTC

  1. Scope of application
  2. Subject matter of the contract – conclusion of the contract
  3. Conditions of use for a legally valid contract
  4. Determination of the purchase price
  5. Payout
  6. Money Laundering Act
  7. Right of withdrawal
  8. Liability
  9. Acquisition of ownership
  10. Contract language and terms and conditions
  11. Severability clause – Provisions according to BGB § 306

§ 1 Scope of application

These General Terms and Conditions (GTC) govern all commercial transactions and the contractual relationships between ReRec GmbH (hereinafter “Buyer”) and you (hereinafter “Seller”) in the version valid at the time the contract is concluded. By placing an order or by using our services, the seller recognizes and accepts these GTC. Unless otherwise agreed, these GTC shall apply exclusively; any deviating general terms and conditions of the Seller are hereby expressly rejected.

§ 2 Subject matter of the contract – conclusion of the contract

If the contract is concluded, the contract is concluded with the

ReRec GmbH
Leinestraße 39
24539 Neumünster
Phone: +49 04321 2067906
or +49 04321 9655786
E-mail: [email protected]

is realized.

The buyer offers the following services: Purchase of electronic scrap, precious metals, hard metal, HSS, metals, cables and special metals, data carrier destruction, disposal concepts & consulting, recycling & reuse (hereinafter “purchased goods”). The buyer shall only decide whether to submit a contract offer to the seller or to accept an offer from the seller after examining and analyzing the purchased goods. The current daily purchase prices do not constitute a legally valid offer. The seller can view the prices for the respective purchased goods online or on site. The presentation of the purchase prices merely invites the seller to submit an offer. The seller is free to offer the purchased goods personally to the buyer on site or to send them by post at his own expense. If both contracting parties agree by offer and acceptance, a contract is concluded. The determined purchase price shall be paid upon legal transfer of the purchased goods to the buyer (see § 4 and § 5). Certain payment methods may be excluded by the buyer in individual cases.

§ 3 Conditions of use for a legally valid contract

The seller bindingly confirms that he:

  • has reached the age of 18,
  • has full legal capacity,
  • has unrestricted and legal ownership of the purchased goods and these do not originate from criminal acts and there are no third-party rights of disposal.

§ 4 Determination of the purchase price

The purchase price is determined by the buyer as soon as he is in possession of the purchased goods. Only then is it possible to determine the value of the purchased goods using test methods and analytical procedures. The value is determined by factors such as quantity, weight, degree of purity, any sorting and/or dismantling processes and the current daily purchase prices of the purchased goods. The buyer has no influence on the daily purchase price; this is adjusted daily by trading on the London Metal Exchange (LME). The seller shall allow the buyer to damage or destroy the purchased goods by means of specific analytical procedures for appraisal and value determination. This shall not give rise to any claim by the seller to the conclusion of a contract or any claim for damages. If the seller is not satisfied with the determination of the purchase price and no contract is concluded, the seller can take the purchased goods back on site or the buyer can send them back to the seller and charge the seller for the shipping costs. The seller can also collect the purchased goods on site, provided this has been agreed and approved with the buyer.

§ 5 Payment

Sellers who hand in their purchased goods on site will receive the purchase price either in cash or by bank transfer to the account specified by them. Sellers who send their purchased goods by post will receive the purchase price within 3 working days of receipt of the purchased goods to the account specified by them or via the PayPal payment service. Working days are Monday to Friday; weekends and public holidays are not counted. No cash can be sent. If the seller chooses PayPal as the payment method, the payment fees incurred for this transaction will be offset against the purchase price, reducing the payout amount by 2%. The PayPal payment fees cannot be influenced by the buyer.

§ Section 6 of the Money Laundering Act

Due to the Money Laundering Act (Act on the Tracing of Profits from Serious Crimes), the buyer is legally obliged to document the identity of the seller. Sellers who hand in their purchased goods on site must present their identity card. The buyer reserves the right to demand proof of ownership from the seller. Sellers who send the purchased goods by post must prove their identity by providing their bank account details for the transfer of the purchase price.

§ 7 Right of withdrawal

The seller has no right of withdrawal after conclusion of the contract. One of the reasons for this is that the purchase prices are sometimes subject to large fluctuations or the purchased goods have already been recycled or utilized after the acquisition of ownership. In order not to restrict the marketability of the purchased goods and the entire business transaction, the seller has no right of revocation.

§ 8 Liability

The buyer assumes no responsibility for the contents or shipping transportation or for damage caused by purchased goods not adequately secured for transportation by the seller. The buyer shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by the buyer or a legal representative or vicarious agent of the buyer. For other damages, insofar as they are not based on the breach of cardinal obligations, the purchaser shall only be liable if they are based on an intentional or grossly negligent breach of duty by the purchaser or a legal representative or vicarious agent of the purchaser.

§ 9 Acquisition of ownership

Ownership of the purchased goods shall pass to the purchaser upon payment of the purchase price.

§ 10 Contract language and contractual conditions

The contract language is exclusively German, and the law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The place of jurisdiction for merchants and place of fulfillment is the registered office of ReRec GmbH. The buyer reserves the right to take legal action in the event of obvious fraudulent actions by the seller. Information on data protection can be found in the separate data protection declaration.

§ 11 Severability clause – Provisions according to BGB § 306

Should individual provisions of these GTC or parts thereof be or become invalid in whole or in part, this shall not affect the validity of the remaining GTC. These regulations are legally anchored in the German Civil Code (BGB) § 306 para. 1 to 3. If such a case arises, the provision shall be replaced by another
legally permissible provision that corresponds to the meaning and purpose of the invalid provision.