General Terms and Conditions

General Terms and Conditions (AGB) and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following Terms and Conditions apply to all contracts that you conclude with us as the provider (Tech Recycling Berlin) via the website https://techrecycling-berlin.com or in any other way. Unless otherwise agreed, the inclusion of your own conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

§ 2 Services of Tech Recycling Berlin

(1) The subject of the contract is the provision of services in the field of collection, recycling, refurbishment, data erasure, and resale of electronic devices.

(2) Tech Recycling Berlin in particular offers the following services:

● Collection and environmentally sound recycling of electronic waste in accordance with legal requirements, especially the German Circular Economy Act (KrWG) and the German Electrical and Electronic Equipment Act (ElektroG).
● Certified data erasure using recognized methods (e.g. in accordance with Blancco standards) that meet the requirements of the General Data Protection Regulation (GDPR).
● Refurbishment and resale of suitable electronic devices.
● Proper disposal of devices containing hazardous substances in accordance with the relevant legal requirements.

(3) The specific details of the services offered result from the individual contracts, offers, or service descriptions.

(4) Limitations: Tech Recycling Berlin does not accept responsibility for devices containing impermissible or hazardous materials unless this has been expressly agreed in writing in advance. Impermissible or hazardous materials are in particular those which are subject to dangerous goods regulations or contain radioactive substances.

§ 3 Conclusion of the Contract

(1) The presentation of the services on our website does not constitute a legally binding offer, but an invitation to submit an order. By ordering the desired service, you submit a binding offer to conclude a contract.

(2) The contract is concluded when we accept your order by means of an order confirmation by email or by performing the service.

(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place via email, in part automatically. You must ensure that the email address you provide to us is correct.

§ 4 Obligations of the Customer

(1) The customer undertakes to only provide Tech Recycling Berlin with devices that are free of third-party rights and do not contain any illegal content or materials. The customer warrants that they are authorized to dispose of the devices.

(2) The customer shall inform Tech Recycling Berlin immediately and without being asked about any special properties of the devices, potential risks, or hazardous substances, especially if these deviate from usual electronic devices.

(3) When commissioning data erasure, the customer is obliged to provide precise instructions. Inadequate or unclear information may lead to limitations in the effectiveness of data erasure.

(4) The customer is responsible for backing up their data before handing over the devices to Tech Recycling Berlin.

§ 5 Data Erasure

(1) Tech Recycling Berlin offers certified data erasure that meets the requirements of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Data erasure is carried out using recognized methods and standards (e.g. Blancco certification).

(3) At the customer's request, a data erasure certificate will be issued confirming the proper erasure of the data.

(4) If no data erasure was expressly commissioned, Tech Recycling Berlin assumes no liability for any data remaining on the devices.

§ 6 Transfer of Ownership

(1) With the handover of the devices to Tech Recycling Berlin, ownership of these devices is transferred to Tech Recycling Berlin, unless otherwise agreed in writing.

(2) All components or materials obtained in the course of recycling remain the property of Tech Recycling Berlin.

(3) If the devices are suitable for resale after refurbishment, Tech Recycling Berlin has the exclusive right of disposal.

§ 7 Prices and Payment Terms

(1) All prices are net prices in euros and do not include the statutory VAT. VAT will be charged additionally at the respective statutory rate.

(2) The prices and payment terms result from the respective offer or contract.

(3) Payments shall be made without deduction within 14 days of the invoice date, unless otherwise agreed.

(4) In the event of default in payment, the statutory provisions pursuant to § 288 BGB (German Civil Code) shall apply. Tech Recycling Berlin is entitled to demand default interest at the statutory rate.

(5) Any discounts or special promotions are time-limited and not retroactively applicable. They cannot be combined with other offers unless expressly agreed.

§ 8 Liability

(1) Tech Recycling Berlin shall be liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or grossly negligent breach of duty by Tech Recycling Berlin or one of its legal representatives or vicarious agents.

(2) For other damages, Tech Recycling Berlin shall be liable without limitation only in the event of intent or gross negligence, including by its legal representatives or vicarious agents.

(3) In the event of simple negligence, Tech Recycling Berlin shall only be liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the typical foreseeable damage under the contract.

(4) Any further liability is excluded. Liability under the Product Liability Act remains unaffected.

§ 9 Contract Duration and Termination

(1) The contract ends upon the complete provision of the agreed services or by termination in accordance with the following provisions.

(2) The customer may terminate the contract in writing with two weeks' notice, unless otherwise stipulated in the contract. The termination must be sent to:
Tech Recycling Berlin
Email: info@techrecycling-berlin.com

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer breaches essential contractual obligations.

(4) In the event of termination after the start of service provision, Tech Recycling Berlin is entitled to compensation for the services rendered up to the time of termination.

§ 10 Data Protection

(1) Tech Recycling Berlin collects, processes, and uses the customer’s personal data exclusively within the framework of the statutory provisions of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Further information on the processing of personal data, on customers’ rights, and on data protection can be found in our privacy policy on our website: https://techrecycling-berlin.com/dataprivacy.

§ 11 Right of Retention, Retention of Title

(1) The customer may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) Until full payment of the agreed remuneration has been made, Tech Recycling Berlin reserves the right of ownership of any returned devices or provided materials, if such an arrangement has been agreed.

§ 12 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn.

(2) The place of performance for all services from business relationships with us and the place of jurisdiction is the registered office of Tech Recycling Berlin, provided the customer is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should any individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provisions shall apply.

(4) Amendments or supplements to these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.

II. Customer Information

1. Identity of the Provider

Tech Recycling Berlin
Email: info@techrecycling-berlin.com
Phone: +49 155 66044719
Website: https://techrecycling-berlin.com

2. Information on the Conclusion of the Contract

The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I, § 3).

3. Contract Language, Storage of the Contract Text

(1) The contract language is German.
(2) We do not store the complete contract text. Before sending the order or commission, the contract data can be printed out or electronically secured using the print function of the browser.

4. Essential Characteristics of the Services

The essential characteristics of the services can be found in the respective service description, the offer, or the contract.

5. Prices and Payment Modalities

(1) The prices listed in the respective offers or contracts are net prices. They do not include statutory VAT.
(2) The costs incurred are shown in the offer or contract and are to be borne by the customer, unless otherwise agreed.
(3) The available payment methods are indicated in the offer, contract, or on our website.
(4) Unless otherwise stated for the individual payment methods, payment claims from the concluded contract are due immediately.

6. Delivery Conditions

(1) The services are provided at the agreed times and under the agreed conditions.
(2) Unless otherwise agreed, collection of the devices takes place at the customer's premises or delivery is carried out by the customer after consultation.

7. Statutory Warranty Rights

The statutory warranty rights apply. The warranty is governed by the "Liability" provisions in our General Terms and Conditions (Part I, § 8).

8. Right of Withdrawal for Consumers

Consumers are entitled to a statutory right of withdrawal. For more information, please refer to our withdrawal policy, provided to you when concluding the contract.

9. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at https://ec.europa.eu/odr.
We are neither obliged nor willing to participate in dispute resolution proceedings before consumer arbitration boards.

10. Notes pursuant to the German Battery Act (BattG)

Since our services may also include the disposal of batteries and accumulators, we draw your attention to the following:

Batteries and accumulators must not be disposed of with household waste. The customer is legally obliged to return used batteries and accumulators. You can hand them in free of charge at municipal collection points or in local shops.

Contact:
Tech Recycling Berlin
Email: info@techrecycling-berlin.com
Phone: +49 155 66044719
Website: https://techrecycling-berlin.com

Last updated: 17.05.2023