General Terms and Conditions of Sale
HolyPoly GmbH

These General Terms and Conditions of Sale apply to contracts for the sale and/or delivery of movable goods (‘Goods’). It is irrelevant whether we manufacture the goods ourselves or purchase them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the General Terms and Conditions of Sale shall apply in the version valid at the time of the Buyer's order or in the version last communicated to the Buyer in text form.

Unless otherwise agreed in writing, these General Terms and Conditions of Sale shall apply exclusively to the present order and all future orders and purchases. We shall not be bound by any conflicting or additional general terms and conditions of the Buyer, even if we do not expressly object to these terms and conditions or accept the delivery/service without reservation.

In the event of contradictions or inconsistencies between the buyer's GTC and these GTC, our GTC shall take precedence. This means that our GTC shall prevail and the Buyer's GTC shall only apply insofar as they do not contradict our GTC.

Should individual provisions of these GTC contradict the buyer's GTC or be deemed invalid, the remaining provisions shall remain fully valid. The invalid or contradictory provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.

Our offers are subject to change and non-binding. The order of the goods by the buyer is a contractual offer according to § 145 BGB. In the event that nothing to the contrary results from the order, we are authorised to accept this contractual offer within two weeks of its receipt by us.

Rules deviating from these Terms and Conditions of Sale are only agreed if we confirm the deviating agreement in writing.

3.1 Unless otherwise agreed in writing in individual cases, our current prices at the time of conclusion of the contract shall apply ex warehouse, plus statutory VAT. Packaging costs shall be invoiced separately.

3.2 Payment of the purchase price shall be made exclusively to the following account:

3.3 Unless otherwise agreed, the purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods.

3.4 The Buyer shall be in default if the above payment period expires. We reserve the right to assert further claims for damages caused by default. Our claim against merchants for commercial maturity interest in accordance with § 353 HGB remains unaffected.

3.5 If it is foreseeable after conclusion of the contract that our claim to payment of the purchase price is jeopardized due to the Buyer's inability to pay (e.g. due to an application for the opening of insolvency proceedings), we shall be entitled to refuse performance in accordance with the statutory provisions and, if necessary after setting a deadline, to withdraw from the contract (§ 321 BGB).

4.1 The delivery period shall be agreed individually or specified by us upon acceptance of the order. If this is not the case, the delivery period shall be approx. 4 weeks from conclusion of the contract.

4.2 If we are unable to meet contractually agreed delivery deadlines for reasons for which we are not responsible, we shall inform the Buyer of this circumstance without delay and at the same time inform the Buyer of the expected or new delivery deadline. If a delayed delivery cannot be made due to non-availability of the service even within the newly announced delivery period, we shall be entitled to withdraw from the contract in whole or in part. Non-availability within the meaning of this provision shall be deemed to exist, for example, if our suppliers fail to deliver to us on time.

4.3 Delay in delivery shall be determined in accordance with the statutory provisions.

5.1 Delivery is made ex warehouse. The warehouse is also the place of performance for the delivery and for any subsequent performance. If the buyer wishes the goods to be shipped to another destination (shipment contract), the buyer shall bear the shipping costs. If nothing is contractually agreed, we may determine the method of shipment (packaging, shipping route, carrier) at our discretion.

5.2 Upon the transfer of the goods to the buyer, the risk of accidental loss or deterioration of the goods passes to the buyer. In the case of a shipment contract, the risk of accidental loss, accidental deterioration of the goods, and the risk of delay passes to the buyer upon delivery of the goods to the carrier or freight forwarder. If contractual acceptance of the goods is agreed upon, such acceptance shall be decisive for the transfer of risk.

5.3 If the buyer is in default of acceptance or if our delivery is delayed due to reasons for which the buyer is responsible, we are entitled to claim compensation from the buyer for any resulting damages, including additional expenses (e.g., storage costs).

5.4 The right to claim higher damages and our statutory rights (in particular, compensation for additional expenses, reasonable compensation, termination) remain unaffected.

We retain ownership of the delivered goods until full payment of all our present and future claims arising from the purchase contract and an ongoing business relationship (secured claims).

7.1 The buyer's rights regarding material and legal defects (including incorrect or insufficient delivery) are governed by statutory regulations unless otherwise specified below. We do not assume liability for public statements made by the manufacturer or third parties.

7.2 We are not liable for defects that the buyer was aware of at the time of the contract conclusion or that the buyer failed to recognize due to gross negligence, in accordance with § 442 of the German Civil Code (BGB).

7.3 The buyer's claims for defects are only valid if the buyer has fulfilled their statutory duties to inspect and notify (§§ 377, 381 of the German Commercial Code (HGB)). Written notification to us must be made immediately if a defect becomes apparent during delivery, inspection, or at a later time. Obvious defects must be reported in writing within 5 business days of delivery, and hidden defects must be reported within the same period after discovery. If the buyer fails to properly inspect and/or notify us of defects, our liability for defects that are not, or not properly, or not timely reported is excluded.

7.4 The buyer’s warranty rights are limited to the right of rescission. We have the right to avert the rescission by either remedying the defect or providing a replacement. If the repair fails or the replacement is also defective, the buyer is entitled to the statutory warranty rights.

7.5 The return of goods is only accepted if the goods are still in their original packaging. Returns can only be accepted if the goods are returned in their original, undamaged condition and packaging. Return or refund is excluded if the packaging is damaged or if the goods are no longer in their original condition.

7.6 Defects must be reported to the specified name and email address:

The general limitation period for claims arising from material or legal defects is, contrary to § 438 paragraph 1 no. 3 BGB, one year from delivery. If acceptance has been contractually agreed, the limitation period begins upon acceptance.

As the seller, we are liable for breaches of contractual and non-contractual obligations in accordance with statutory provisions, unless otherwise specified in these General Terms and Conditions of Sale, including the following provisions.

The trade in plastic waste (regrind or recycled material) and non-specification goods (NS goods) carries a certain risk due to possible contamination with foreign substances, which can occur despite the utmost care. This risk is reflected in the favorable price. The buyer must be aware of this risk. It is the sole responsibility of the buyer to determine whether these goods are suitable for their intended use. The seller assumes no liability for the suitability of the goods for specific purposes. This exclusion of liability does not apply to damages caused by defective products that result in injury to life, body, or health, or in cases of gross negligence or willful misconduct.

The buyer is obligated to pay all employees at least the applicable statutory minimum wage. In addition, the buyer must ensure that its subcontractors comply with the minimum wage law if applicable.

The buyer must comply with legal regulations and internationally recognized human rights, particularly the prohibition of child labor, forced labor, human trafficking, corruption, and discrimination. The buyer is also required to comply with legal working time regulations and applicable occupational safety standards. Furthermore, the buyer must ensure that its subcontractors adhere to the aforementioned points, provided they are legally binding for the subcontractors.

In the performance of this contract, the seller commits to strict compliance with applicable laws that govern bribery of public officials and private individuals, money laundering, and other forms of corruption.

In connection with the provision of its services, the seller will minimize the environmental impact of its activities as much as possible. This particularly applies to climate-damaging emissions, waste, and the consumption of natural resources.

If events beyond our control or due to force majeure occur that make delivery or transport by us or our suppliers impossible or unreasonably difficult, we are entitled to extend the delivery period by the duration of the hindrance. If the hindrance lasts longer than 4 weeks or leads to unreasonable economic disadvantages, we are entitled to withdraw from the contract without further obligations. Hindrances include governmental actions, raw material shortages, or significant transportation difficulties, provided these are beyond our control.

The place of jurisdiction is Dresden, Germany. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980, as well as the provisions of international private law. Additionally, the Incoterms in their latest version apply.

Should individual provisions of these terms of sale be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.