General Terms and Conditions (AGBs) of Packwise GmbH for Packwise Marketplace
These general terms and conditions govern the use of the website (www.packwise.de / marketplace.packwise.de), services and applications of Packwise.
Packwise GmbH is a broker of used, completely empty industrial packaging.
Packwise Marketplace is an online brokerage platform for industrial packaging. Users of Packwise Marketplace can sell their used industrial packaging to other users via Packwise Marketplace. With the creation of offers (creation of an auction) via Packwise Marketplace, the creator of the offers (seller) commissions Packwise GmbH with the brokerage of the respective products. In the event of successful brokerage, i.e. when a sales auction has ended and a sales contract has been concluded by immediate purchase or bid, Packwise GmbH will charge the seller a brokerage fee of 10% of the sales price.
Packwise Marketplace is aimed exclusively at companies. Private persons are excluded from use.
Packwise GmbH may act in the role of the seller on Packwise Marketplace and place its own offers. Packwise offers are marked as such for all users of the platform.
Packwise GmbH expressly does not act in the role of the buyer on Packwise Marketplace.
Release of the auction
With the release of an auction the bidder commits himself to the sale of the offered products to the highest bidder at the current highest bid after the end of the auction period.
In the case of a stated minimum purchase price, all bids submitted must be higher than this and may not be lower. If an immediate purchase price is quoted, the bidder undertakes to sell to the party making the immediate purchase at the time of the transaction.
All prices quoted are net prices plus the statutory value added tax applicable on the day of invoicing.
The setting of an immediate purchase price by the provider constitutes a binding offer. If a user uses the buy-it-now option, a purchase contract is concluded directly between the provider and the user. The auction then ends (prematurely) and the offered products are sold at the immediate purchase price. The specified collection period is not changed by an immediate purchase.
With the submission of a first bid for the auction, the immediate purchase offer expires automatically.
Sellers can set a minimum price. Bids are then only possible above this minimum price. There is no guarantee that the minimum price will be reached. If there is no bid above the minimum price at the end of the auction, there will be no sale.
End of an auction
An auction ends at the end of the auction period specified by the bidder. If there are bids, the highest bidder will win the auction. If there are no bids at the end of the auction, the auction is terminated without the conclusion of a purchase contract. In this case, no commission fees will be charged. The bidder has the possibility to start a new auction of the same products.
An auction is also terminated in the case of an immediate purchase. Irrespective of the remaining term of the auction, an auction is terminated immediately if the buyer chooses to buy immediately.
Packwise GmbH charges the seller a commission fee of 10% of the sales price.
Packwise will send the seller an invoice by email at the beginning of the calendar month following the acceptance of the bid. If a user has made several sales via Packwise Marketplace within one calendar month, Packwise will bundle the brokerage fees incurred into one invoice.
By releasing an auction, the seller agrees to the collection of the commission fee.
If a purchase contract concluded via Packwise Marketplace is subsequently changed or cancelled by the parties, the obligation to pay the brokerage fee on the basis of the price concluded via Packwise Marketplace remains unchanged.
All offered products must be completely emptied. Packaging is emptied when it has been completely exhausted in accordance with its intended use (VerpackV § 3(6)). They must be clean to the brush, spatula clean, drip-free, trickle-free. All original closures and outlet fittings shall be tightly closed. The marking plates must be properly mounted and functional. The labelling must contain information on the last product to be filled and comply with the applicable transport regulations. They must not be illegible or missing. The UN marking of the individual products must be visible and valid. Products containing mutagenic and/or carcinogenic substances can only be accepted after prior agreement and must be clearly identified as such at the auction.
Products in the „good“ condition category show normal signs of use, but no damage that could impair the function of the packaging. Products in the „Damaged“ category may be damaged, but must be complete.
The supplier is responsible for the correctness of the information on the products offered. The bidder declares his agreement with the listed conditions and assures, by releasing the auction, that the products offered by him comply with these conditions. The Vendor agrees to assume the costs for products which the Vendor has released for auction but which do not meet the aforementioned acceptance conditions. The seller is responsible for the correct and complete loading of the IBCs.
Packwise GmbH assumes no liability for the accuracy of the information.
Packwise GmbH does not carry out any checks on the products sold via Packwise Marketplace. No liability is accepted for damage caused by the products.
Identity of the supplier
The identity of the supplier (company, address(es), name of the contact person) is not displayed on Packwise Marketplace in a current or past auction. In order to indicate the approximate location of the products, the first three digits of the postal code of the pick-up location are displayed in the auction for all users to see. After the end of the auction, the identity of the provider is only communicated to the buyer.
If Packwise GmbH is the bidder, this will be clearly indicated.
Packwise Marketplace uses an automated bidding system to simplify the bidding process.
Packwise Marketplace compares a submitted bid with the bids of other bidders and only increases it by the smallest possible amount to exceed the highest bid. Therefore, the purchase price may be lower than the bid submitted by one bidder.
The bidding system of Packwise Marketplace is based on increments of at least EUR 1. To be able to bid, the highest bid must be at least EUR 1 above the current highest bid. The submission of a bid is binding. In the event of a knockdown, the bidder undertakes to collect the products within the collection period specified in the auction description and to pay the purchase price to the seller within 14 days of the invoice being issued by the seller.
The following are outbid
If a bidder has submitted a highest bid that is higher than that of another bidder, the latter will be outbid.
Changing or withdrawing a submitted bid
Bids placed on Packwise Marketplace are binding and cannot be taken back. If you have any questions, please contact Packwise Customer Service.
A maximum bid submitted can only be subsequently reduced if it has not yet become the current maximum bid due to the bids of other bidders. It is possible to increase your own highest bid at any time during the auction period, regardless of whether it is currently the highest bid or has already been outbid.
Identity of the Bidder
The identity of a bidder remains hidden from all users (including the bidder). All bidders are assigned letters (bidder A, bidder B, bidder C, etc.). At the end of the auction, only the identity of the bidder who has been awarded the contract will be transmitted to the seller.
Bidding or leaving a bid on own items
The bidding on own articles is not permitted. It is also not permitted to bid on one’s own items through third parties. If, in the case of a bid on one’s own items, the auction is terminated and if one’s own bid was the highest bid at the time of termination, this shall not be taken into consideration. A contract is then concluded between the bidder and the next highest bidder, if there is a bid. If the Vendor bids on his own items or has them bid on his own items, Packwise reserves the right to permanently exclude the Vendor from using the Services.
Collection, transfer of ownership and invoicing
The buyer undertakes to collect the products within the collection period specified by the seller. The Buyer shall contact the Seller via the contact channel provided to notify the collection.
The Seller undertakes to deliver and transfer the Products to the Buyer during the collection period specified in the Auction.
The Seller will invoice the Buyer within a reasonable period of time.
Establishment of business relations
Business partners brokered through Packwise undertake not to enter into any business relationship with each other involving the purchase or collection of IBCs and drums without Packwise’s consent for a period of two years. The contractual penalty per proven violation is EUR 2500.
Packwise GmbH is liable according to the legal regulations for intent and gross negligence of Packwise GmbH, its legal and other vicarious agents. Further liability is excluded.
To the extent that the liability of Packwise GmbH is excluded or limited, this shall also apply to the benefit of legal or other vicarious agents.
In particular, Packwise GmbH assumes no liability for breaches of duty on the part of the seller or buyer of the purchase contract concluded via Packwise Marketplace.