General Terms and Conditions of EASY BOX GmbH (from 6 February 2020)

  1. Scope of the General Terms and Conditions

    Unless otherwise specified in writing, our General Terms and Conditions (referred to as GTC below) in the currently valid version shall apply exclusively. Any arrangements deviating from or going beyond these GTC only apply to the extent that we expressly declare so in writing. They are also the subject of a contract if no reference is made to our GTC at the time of contract conclusion or if the general terms and conditions of our contractual partners conflict with the validity of our General Terms and Conditions. Furthermore, actions of contract performance on our part shall not be deemed as agreement to conditions of our contracting partner that deviate from our GTC. Our GTC can be accessed on our homepage at www.easy-box.at. They apply to all business transactions, even if the Client initiates them with by email, fax or by phone. If our contractual partner is a consumer within the meaning of the Austrian Consumer Protection Act, these GTC apply with the exception of those provisions that conflict with the mandatory provisions of the Consumer Protection Act. EASY BOX GmbH is hereinafter referred to as “EASY BOX” or as “Contractor”, the customer as the “Client”.

  2. Conclusion of contract and contract basics

    Our offers and cost estimates are non-binding and subject to change. Orders, whether given orally or in writing, are only deemed to have been accepted if they have been confirmed by us in writing. Our order confirmation is binding if and to the extent the Client does not object to its content within one week, stating specific reasons.

    The prices offered are based on the information provided by the Client on the condition, fixation or stabilisation of the goods to be packaged as well as on his information on the requirements of the destination, the transport route, transport means or any need for transshipping. We are therefore not obligated to obtain specifications of the goods to be packaged or more information on the transport or the import regulations of the destination country. Offers, including all relevant supplements and samples, are the property of the Contractor. The content of the offer is not allowed to be communicated to third parties without the consent of the Vendor; nor is any other improper use of the offer allowed.

    Additional costs caused by official regulations of any kind are borne by the Client.

  3. Terms of delivery and payment/place of performance

    Place of performance is our premises. Delivery and dispatch of the goods shall always be at the risk and at the expense of the Client.

    Invoicing takes place immediately after the goods have been accepted. Invoice amounts are due for payment immediately upon receipt of the invoice. Payments of the Client shall only be deemed to have been made upon receipt on our account. In the event of delay in payment, we are entitled to demand reminder fees in addition to the statutory default interest. The Client is also obligated to reimburse all other costs of debt collection (intervention of a collection agency, lawyer). Further claims for damages remain unaffected by this. In the event of delay in payment on the part of the Client, EASY BOX is entitled to invoice the entire service provided and make all other claims due for payment. The Client is not entitled to stop or refuse payments due to any claims, even if the claims have arisen due to claims of defects. Nor is the Client entitled to offset any counterclaims unless EASY BOX has acknowledged the Client’s claim in writing or it was legally established by a court. The Client is no longer obligated to deliver ordered goods until the Client has fulfilled all payment obligations. Discount deductions are not justified if older invoices are still unpaid.

  4. Obligations of the contractual partners

    If the service is rendered outside our company premises, the Client undertakes to provide free of charge the required lifting gear, e.g. crane, chains, hoists, straps, etc., plus operating personnel and to secure the site professionally so as to allow EASY BOX to do proper packaging. Moreover, the Client undertakes to provide the goods to be packaged in a suitable condition in due time; this means cleaned and protected from internal and external influences. The Client is solely responsible for securing the packaging goods. He is also responsible for talking all steps to avoid any damage that may occur on the packaged goods despite the agreed packaging. The packaged goods must be fastened inside such that movement of the packaged goods, in particular change in position, is not possible. The Client undertakes to inform the Contractor in writing about all hazards and risks arising from the goods to be packaged or that are entailed in them. The Client is solely responsible to insure the goods to be packaged – especially for the time of processing or storage at our place – adequately at his own expense since we are only liable for damage within the scope of our liability insurance contract. The Client is also obligated to agree with his insurer that he waives any recourse against us in the event of damage. The Client is obligated to check with great diligence all regulations applicable at the destination regarding the packaged goods, in particular customs, import regulations and suchlike; and to inform EASY BOX about them to the extent it is necessary for the provision of the service; in the event of non-compliance, liability of EASY BOX for any damage is excluded.

  5. Transfer of risk, acceptance by the Client:

    The transfer of our services is always effected by written declaration to the Client. If the place of performance is outside our premises, our service plus freight is deemed as accepted upon receipt of this written declaration. If the place of performance is within our premises, the service and the freight is deemed as accepted upon transfer to the carrier for loading, at the latest, however, three days after receipt of our notice of completion. The risk of accidental loss or deterioration is thus transferred to the Client at the point in time of acceptance within the meaning of the last paragraph. If the service is rendered within our premises, this is the case at the latest three days after receipt of the notice of completion, unless acceptance for transport has taken place beforehand. If the service is provided outside our premises, transfer of risk takes place at the time of receipt the written declaration.

  6. Lien/retention of title

    In addition to the statutory right of retention, the Contractor has an unrestricted right of lien and right of retention against the Client with respect to all goods and other assets of the Client that are in the safekeeping or control of the Contractor. EASY BOX reserves the right of ownership to all delivered or manufactured goods until the purchase price, including all ancillary claims, has been paid in full. The Client is not allowed to pledge, sell or otherwise dispose of the goods until full payment has been made. In any case, the Client is obligated to inform us of it immediately and make the restriction of ownership public to the third party. The Client hereby assigns all resultant claims against third parties to the Contractor and undertakes to instruct the third party to make the payment directly to the Contractor.

  7. Warranty, complaints, liability

    The Client shall inspect all deliveries and services upon receipt without delay and notify the Contractor immediately of any complaints about quantities or quality; otherwise any warranty or damage claims are excluded. In the same way, the Client shall lose all warranty and damage claims if the goods are used improperly or in violation of the agreement and intended purpose or if they are changed without the knowledge and consent of EASY BOX. If the Client or his contractual partner or a third party mandated to investigate is of the opinion that a defect exists, this defect must be reported immediately in writing on the delivery note, accompanied by dated damage photos. The Contractor must be given the opportunity to participate in the preservation of evidence. The Client must prove that any defects of our service already existed at the time of handover. The Client also bears the burden of proof that the claim of defect has been made in due time. If claims against the Contractor are not asserted in court within four months after the transfer, any claim based on warranty, damage, error or enrichment law is excluded, unless mandatory legal provisions conflict with this. The liability of the Contractor ends in any case at the latest with the opening of the container or the packaging, in particular if it’s done by government authorities. Any liability shall therefore be waived in the event of changes/interventions in our packaging or of further packaging or the attachment of third-party packaging components. Warranty and damage claims are excluded in particular if the Contractor has pointed out to the Client prior to the conclusion of the contract that the type of packaging ordered by the Client does not correspond to the state of the art for the goods to be packaged. In the case of a justified claim of the Client that has been recognised by EASY BOX from the title of the warranty, the warranty remedy shall be our choice. This means the packaging can be repaired at our discretion or the goods can be repackaged; or we are entitled to deliver equivalent items if it is possible and reasonable. In cases of slight negligence, all claims for damages are excluded. The Client’s claim of compensation is therefore in all cases limited to intent and gross negligence by mutual agreement. This applies in particular to the violation of a warning and notification obligation by EASY BOX. It does not apply to personal injury. The Client as the injured party must prove the circumstances of the fault and the specific causality of careless behaviour for the occurrence of damage. Unless a shorter limitation or preclusive period applies by law or contract, the limitation period is 6 months and must be asserted in court during this period as well. The limitation period begins with the conclusion of contract. The amount of the Client’s claims for damages is limited to the amount of the corresponding benefit of the (product) liability insurance of EASY BOX GmbH. Liability of EASY BOX for lost profit, consequential damage, other financial loss or damages due to claims from third parties is excluded in its entirety. The same applies to financial losses incurred by the Client due to additional work and expenses entailed therein due to the improvement of the service owed by the Contractor. Liability of EASY BOX is excluded in particular for costs arising in connection with returns of goods and the like due to import regulations in the destination country.

  8. Place of jurisdiction and severability clause

    Austrian law shall apply exclusively – to the exclusion of its provisions governing the applicable law. The UN Convention on Contracts for the International Sale of Goods is also excluded. For all possible legal disputes between the Contractor and the Client, the Kirchdorf District Court shall be the place of jurisdiction. However, we have the right to sue at the general place of jurisdiction of the Client. Should individual provisions of these General Terms and Conditions be invalid or void as a whole or in parts or become invalid or void due to a change in law or due to superior court ruling or in any other way or if the GTC have loopholes, the parties agree that the remaining provisions of this contract remain unaffected by it and valid. In this case, a valid provision that comes closest to the purpose and meaning of the invalid provision is seen as agreed.

  9. Privacy policy

    The Client gives his consent that the personal data contained in the order, offers, correspondence, etc., is allowed to be stored and processed automatically in the fulfilment of a contract. Client data will not be passed on to third parties unless it is necessary for contract execution. We undertake to treat the personal data of customers confidentially in compliance with data protection regulations.

  10. Intellectual property

    The content of the website and all offers, including texts, images, photos, graphics, etc., is protected by copyright. The copyright and all other intellectual property rights belong to EASY BOX GmbH or its licensor. The intellectual property rights are only allowed to be reproduced, published, transferred, modified or otherwise used by the Contractor or their licensees, unless the use by third parties has been expressly approved in writing in advance by the beneficial owners.