Version: 15.01.2023
CONTACT INFORMATION
PIZZycle GmbH
Sternstraße 10
63075 Offenbach am Main
info@pizzycle.com
PREAMBLE
PIZZycle is the first reusable and closable pizza box and a big step towards a more sustainable food packaging industry. PIZZycle is composed of two identical, round plates, following the outline of a pizza. Through its distinct shape, PIZZycle can be carried easily, cleaned in the dishwasher and stored efficiently. The innovative lock-mechanism enables users to open and close the parts intuitively. Due to the extremely durable, scratch- and heat-resistant material we chose, PIZZycle can be used several hundred times. The best part about it: PIZZycle is 100 % recyclable.
The business activities of PIZZycle GmbH do not include the provision or operation of a cash or software based deposit system. These general terms and conditions (GTC) guide the contractual conditions for the commercial acquisition of the pizza box “PIZZycle".
I. Applicability
1. The present general terms and conditions apply exclusively to legal transactions for the acquisition of products in the online shop of PIZZycle GmbH in relation to consumers (§ 13 BGB). Conflicting conditions or conditions of the purchaser deviating from the general terms and conditions of PIZZycle GmbH are only to be recognized if PIZZycle GmbH, represented by its managing directors according to § 35 GmbHG, expressly agrees to their validity in writing.
2. These Terms and Conditions shall also apply to all future transactions with the Purchaser, as far as legal transactions of a related nature are concerned (as a precaution, the Terms and Conditions should in any case be attached to or referred to in the order confirmation).
3. The assignment of claims against PIZZycle GmbH to third parties is excluded.
II. Contracting party
In case of conclusion of a sales contract, this contract is concluded with PIZZycle GmbH, Sternstraße 10, 63075 Offenbach am Main, Germany (further information about PIZZycle GmbH can be found in the imprint of www.pizzycle.com).
III. Offer and acceptance
1. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog and is therefore non-binding. By clicking the order button, you submit a binding request to purchase the goods contained in the shopping cart. The order will be confirmed by PIZZycle GmbH after the order has been sent.
2. The language available for the conclusion of the contract is German. We store the contract text and send you the order data and our terms and conditions by e-mail. The contract text is no longer accessible via the Internet for security reasons.
IV. Delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of the shipping costs in the offers.
V. Returns and return shipping
1. The costs for return and return shipping are borne by the buyer in any case, but he has a 30-day right of return. When returning the goods, no reason for the return has to be given, but the order number must be recorded or deposited in the return so that the chargeback can be assigned. Without this information the refund cannot be assigned.
2. The refund is refunded on the same payment method, which the buyer has chosen at the time of purchase. When choosing payment in advance, the customer must provide us with his bank details so that the amount can be properly refunded to his specified bank account.
VI. Payment
Prepayment
If you select the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
PayPal, PayPal Express
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal after shipping the goods. You will receive further instructions during the ordering process.
Amazon Pay
In the ordering process you will be redirected to the website of the online provider Amazon even before completing the ordering process in our online store. In order to complete the order process via Amazon and pay the invoice amount, you must be registered there or register first and legitimize with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store, where you can complete the ordering process.
Immediately after the goods have been shipped, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.
VII. Damage in transit
If goods are delivered with obvious transport damage, please claim such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
VIII. Reservation of proprietary rights
1. PIZZycle GmbH retains ownership of the delivered item until full payment of all claims arising from the purchase contract.
2. The Purchaser is obliged to handle the purchased goods with care as long as the ownership has not been transferred to him.
3. As long as the ownership has not transferred to the Purchaser, the Purchaser has to inform PIZZycle GmbH immediately in writing if the delivered object is seized or exposed to other interventions of third parties.
IX. Warranty and notice of defects
1. Unless otherwise expressly agreed below, the statutory liability for defects shall apply. The limitation period for claims for defects in used goods is one year from delivery of the goods.The above restrictions and reductions in the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty and fraudulent intent, in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), in the context of a promise of guarantee, insofar as agreed or insofar as the scope of application of the Product Liability Act is opened up.
2. Information on any applicable additional warranties and their exact conditions can be found in each case with the product and on special information pages in the online store.
X. Further claims for damages
1. The assertion of further possible claims for damages by the Purchaser is limited to claims for damages from culpable injury to life, body, health or from the culpable violation of cardinal obligations (essential contractual obligations, necessary for the fulfillment of the contract and on whose compliance the customer regularly relies and may rely on) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty by PIZZycle GmbH, its legal representatives or vicarious agents.
2. As far as PIZZycle GmbH is liable for damages under consideration of the above statements, this liability is limited to damages which PIZZycle GmbH foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or should have due diligently foreseen. Indirect and consequential damages, which are the consequence of defects of the delivery item, are furthermore only eligible for compensation insofar as such damages are typically to be expected when using the delivery item for its intended purpose.
3. The above mentioned exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of PIZZycle GmbH. This applies if the claims are asserted directly against them.
4. The limitations of this section do not apply to the liability of PIZZycle GmbH for intentional conduct, for guaranteed characteristics, for injury to life, body or health or according to the Product Liability Act (ProdHaftG).
5. The provisions of the Product Liability Act shall remain unaffected.
XI. Final provisions
1. Place of fulfilment for all obligations arising from this contract and exclusive place of jurisdiction for any disputes arising from the business relations between the parties governed by these Terms and Conditions is the place of business of PIZZycle GmbH, unless otherwise stated in the order confirmation. The locally and factually competent court is the municipal court Offenbach, respectively the district court Frankfurt am Main.
2. The contract between PIZZycle GmbH and the Purchasers shall be governed exclusively by German law, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
3. Should any provision of these General Terms and Conditions be invalid, these General Terms and Conditions and the rest of the contract shall remain in force.
4. If the contract or these General Terms and Conditions contain regulatory gaps, these gaps shall be replaced by those legally effective provisions which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the regulatory gap.
5. The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Offenbach am Main, January 2023
PIZZycle GmbH | Sternstraße 10 | 63075 Offenbach am Main, Germany HRB 54359 | Municipal Court Offenbach am Main
Managing Directors: Marlene Bruch and Filip Raketic
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
You have the right to withdraw from the contract without giving any reason.
To exercise your right of withdrawal, you must inform us (PIZZycle GmbH, Sternstr. 10, 63075 Offenbach, info@pizzycle.de, Germany, by means of a clear statement (for example, a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have returned the goods to us in the original transaction.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods that is not necessary for the examination of the condition, properties and functioning of the goods.