General Terms and Conditions (T&C) of ReRec GmbH
Please read these conditions carefully and completely before using a service of ReRec GmbH.
Overview of the T&C
- Scope of application
- Subject matter of the contract – Conclusion of the contract
- Requirements for a legally valid contract
- Determination of the purchase price
- Payout
- Money Laundering Act
- Right of withdrawal
- Liability
- Acquisition of ownership
- Contract language and contract conditions
- Severability clause – Provisions according to BGB § 306
§ 1 Scope of application
These General Terms and Conditions (T&C) regulate all commercial transactions and the contractual relationships between ReRec GmbH (hereinafter “Buyer”) and you (hereinafter “Seller”) in their version valid at the time of conclusion of the contract. The Seller acknowledges and accepts these T&C by placing an order or by using our services. Unless otherwise agreed, these T&C apply exclusively; any deviating General Terms and Conditions of the Seller are hereby expressly contradicted.
§ 2 Subject matter of the contract – Conclusion of the contract
In the event of the conclusion of the contract, the contract is concluded with the ReRec GmbH Leinestraße 39 24539 Neumünster Telephone: +49 04321 2067906 or +49 04321 9655786 E-Mail: [email protected]. 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 “Purchase goods”). The Buyer decides only after examination and analysis of the purchase goods whether he makes a contract offer to the Seller or accepts an offer of the Seller. The current daily purchase prices do not constitute a legally effective offer. The Seller can view the prices for the respective purchase goods online or on site. By presenting the purchase prices, the Seller is merely invited to make an offer. The Seller is free to offer the purchase goods to the Buyer on site or to send them by mail at his own expense. If both parties agree through offer and acceptance, a contract is concluded. With the legal transfer of the purchase goods to the Buyer, the determined purchase price is paid out (see § 4 and § 5). Certain payment methods can be excluded by the Buyer in individual cases.
§ 3 Requirements for a legally valid contract
The Seller bindingly confirms that he:
- has reached the age of 18,
- is fully capable of doing business,
- has unrestricted and lawful ownership of the purchase goods and that they do not originate from criminal actions and that no third-party rights of disposal exist.
§ 4 Determination of the purchase price
The determination of the purchase price is made by the Buyer as soon as he is in possession of the purchase goods. Only then is a valuation of the purchase goods possible through testing methods and analysis procedures. The value is determined by factors such as quantity, weight, purity, possible sorting and/or disassembly processes and the current daily purchase prices of the purchase goods. The Buyer has no influence on the current daily purchase price; this is adjusted daily by trading on the London Commodity Exchange (London Metal Exchange – LME). The Seller allows the Buyer to possibly damage or destroy the purchase goods by specific analysis procedures for inspection and valuation. This does not give rise to any claim by the Seller for the conclusion of a contract or claims for damages. If the Seller is not satisfied with the determination of the purchase price and no contract is concluded, he can take the purchase goods back on site or the Buyer sends them back to the Seller and charges the Seller for the shipping costs. The Seller can also pick up the purchase goods on site, provided this has been agreed and approved with the Buyer.
§ 5 Payout
Sellers who submit their purchase goods on site receive the purchase price either in cash or by transfer to the account they have specified. Sellers who send their purchase goods by mail receive the purchase price within 3 working days after receipt of the purchase goods transferred to the account they have specified or via the PayPal payment service. Working days are Monday to Friday; weekends and 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 are offset against the purchase price, reducing the payout amount by 2%. The PayPal payment fees are not influenced by the Buyer.
§ 6 Money Laundering Act
Due to the Money Laundering Act (Act on the Detection of Profits from Serious Crimes), the Buyer is legally obliged to document the identity of the Seller. Sellers who submit their purchase goods on site must present their identity card. The Buyer reserves the right to request proof of ownership from the Seller. Sellers who send the purchase goods by mail prove their identity by providing their bank account details for the transfer of the purchase price.
§ 7 Right of withdrawal
The Seller does not have a right of withdrawal after the conclusion of the contract. This results, among other things, from the fact that the purchase prices are subject to large fluctuations or the purchase goods have already been recycled or utilized after the acquisition of ownership. In order not to restrict the marketability of the purchase goods and the entire business traffic, the Seller does not have a right of withdrawal.
§ 8 Liability
The Buyer assumes no responsibility for the content or the shipping transport as well as damages caused by purchase goods not sufficiently secured for transport by the Seller. The Buyer is only 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 do not result from the violation of cardinal obligations, the Buyer is only liable if they are based on an intentional or grossly negligent breach of duty by the Buyer or a legal representative or vicarious agent of the Buyer.
§ 9 Acquisition of ownership
The ownership of the purchase goods passes to the Buyer with the payment of the purchase price.
§ 10 Contract language and contract conditions
The contract language is exclusively German, and the law of the Federal Republic of Germany applies. The application of UN sales law is excluded. The place of jurisdiction for merchants and the place of performance is the seat of ReRec GmbH. In the event of obvious fraudulent actions by the Seller, the Buyer reserves the right to take legal action. 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 T&C or parts thereof be or become wholly or partially invalid, the validity of the remaining T&C shall remain unaffected. These regulations are legally anchored in the Civil Code (BGB) § 306 para. 1 to 3. In such a case, the provision shall be replaced in terms of its meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.