Terms and Conditions
Stand: 7.11.2014

Company ETIVERA Verpackungstechnik GmbH is active in the scopes of creating and distributing disposable packaging of any kind.

1.)
For all contracts only these terms and conditions are effective, in the currently valid version. Different conditions and contracts, which have not explicitly been agreed between both contractual parties in written form, are not binding.

2.)
These terms and conditions come into force by placing an order or/and accepting the delivery of goods.

3.)
The placing of an order is effected by the customer´s acceptance of an offer in written form. The customer receives an offer by a written offer sent to him, by access to the currently valid catalogue, by offers published on the ETIVERA Verpackungstechnik GmbH website, or by a sales representative of company ETIVERA Verpackungstechnik GmbH. Written orders can be placed by mail, by fax, by e-mail, at the online shop operated by company ETIVERA Verpackungstechnik GmbH, at the salesroom operated by company ETIVERA Verpackungstechnik GmbH, at an ETIVERA Verpackungstechnik GmbH booth on fairs or at a designated sales representative of ETIVERA Verpackungstechnik GmbH.

4.)
All domestic invoices are due within 14 days from date of issue without discount. Upon notification of economic deteriorations of customers, company ETIVERA Verpackungstechnik GmbH reserves the right to determine unilateral terms of payment as well as to demand further securities or to withdraw from a contract completely without giving reasons. International invoices must be paid in advance, so far as no special agreements exist.

5.)
The delivered goods remain the property of company ETIVERA Verpackungstechnik GmbH until complete payment. The contractual partner must not distrain the goods and he is not permitted to give them further to a third party. Also, the resale is only permitted if the sale proceeds are ceded in full directly to ETIVERA Verpackungstechnik GmbH. Or the purchase price claim has to be ceded to company ETIVERA Verpackungstechnik GmbH in written form and the Cession has to be noted in the commercial registers. For all consequential disadvantages caused to ETIVERA Verpackungstechnik GmbH, the contractual partner is held liable non-restrictively. In case of payment default, it is deemed agreed that legal default interest will be charged, for business customers according to § 352 UGB.

6.)
For custom-made productions company ETIVERA Verpackungstechnik GmbH reserves the right of over- and underdelivery with a quantity variance as follows: Quantity variance in pieces:
• to 20.000 pc. 30%
• from 20.001 to 99.000 pc. 20%
• from 100.000 pc. 10%
Quantity variance in kg:
• to 500 kg 30%
• from 501 to 4.999 kg 20%
• from 5.000 kg 10%

7.)
The orderer does not have the right of offset or retention. Furthermore, he bears all accumulating costs such as reminder fees and collection fees.

8.)
The delivery is at the expense and risk of the orderer. Typically, ETIVERA Verpackungstechnik GmbH carries out the transport by using professional forwarding companies for this purpose. From the time of dispatch, the orderer bears the risk of the goods. The risk taking applies from the handover to the forwarding company. The weight of the load is noted on the delivery note, it is the responsibility of the receiver to observe the loading weight of the vehicle. Agreed deadlines count as mandatory time frameworks and ex works. ETIVERA Verpackungstechnik GmbH cannot be held liable for delays that are not at its discretion. In the event of unacceptable delivery delays, which are within the sphere of influence of ETIVERA Verpackungstechnik GmbH, the contractual partner has the right to withdraw in written form from the contract. However, in this case resulting claims for compensation of damages are expressly excluded. Partial deliveries are permitted. Basically, the liability for damages is limited to cases of intent and gross negligence.

9.)
ETIVERA Verpackungstechnik GmbH is only liable for damages caused by gross negligence or intent. In its relationship with corporations ETIVERA Verpackungstechnik GmbH is not liable for consequential damage and other claims derived according to the product liability law. This disclaimer of liability can be imposed to further contractual partners during other liability of the contractual partner. The contractual partner is not entitled to cede outstanding claims towards ETIVERA Verpackungstechnik GmbH. Basically, the liability is limited to the value of the delivered goods in amount. All goods supplied by ETIVERA Verpackungstechnik GmbH are packaging in a broader sense. Unless otherwise confirmed by ETIVERA Verpackungstechnik GmbH all articles are basically disposable packaging and disposable closures. For all orders the orderer has to announce the purpose for which he wants to use the delivered packaging. He is in particular obliged to announce whether special pressure conditions may affect the packaging. Carbon dioxide containing liquids are only permitted to be filled into bottles that are confirmed by ETIVERA Verpackungstechnik GmbH to be suitable for this purpose. The compliance with the legal migration limits into the contents of the individual products must be checked and ensured by the food packer himself, as only he decides the composition of the final product, the manufacturing process as well as the storage and usage conditions. ETIVERA Verpackungstechnik GmbH shall not assume responsibility in case delivered packaging materials cannot be combined with other packaging materials. In particular, the exclusion of liability is stated in case the delivered goods are, of whatever kind, further processed by a third party. ETIVERA Verpackungstechnik GmbH is not liable for the content / final product respectively for the correct choice of closures for all delivered packaging containers. Unless specifically stated otherwise all packaging, especially bottles, are delivered in accordance with the EU legislation, however, not explicitly in accordance with the Ö-Norm (Austrian legislation).

10.)
Pursuant to the provisions of the UGB (Unternehmensgesetzbuch) complaints have to be submitted immediately, at the latest within 3 workdays after delivery in written form. In case of a defect complaint ETIVERA Verpackungstechnik GmbH must be granted an adequate period of time, at least 4 weeks, to rectify or to provide a suitable replacement or to offer a price reduction - at its own discretion. However, this rule does not apply to those cases in which, for instance, a contractual partner orders customized labels and does not indicate, in case of a reproduction, that changes in label text or layout are given. In this case the contractual partner is obliged for full compensation of the incurred costs. ETIVERA Verpackungstechnik GmbH is not liable for incorrect layouts and printing proofs that were approved by the contractual partner. On request, ETIVERA Verpackungstechnik GmbH prepares a sample for first orders before mass production, which has to be approved by the contractual partner. If the approval does not take place within maximum 2 weeks, the sample is deemed to be approved. Productions are effected solely on the basis of the sample within normal tolerances. ETIVERA Verpackungstechnik GmbH is not liable for supplied samples, forms and templates.

11.)
For supplied artworks as well as other print subjects the contractual partner is held liable, in particular for that the data does not violate third party rights. When utilizing ETIVERA Verpackungstechnik GmbH its position in this context is completely free and harmless. ETIVERA Verpackungstechnik GmbH reserves all immaterial rights for all works it produces. The orderer is granted a revocable and non-exclusive usage right. All rights, especially the right of further use, further work, changes or other use remains with ETIVERA Verpackungstechnik GmbH.

12.)
For the purchase of packaging products and print products from stock (of the brands BIO AUSTRIA, DEMETER, GENUSS REGION ÖSTERREICH and/or GUTES VOM BAUERNHOF) Etivera Verpackungstechnik GmbH records in agreement with the customer that the customer currently is a member-company of the concerned brand/s (BIO AUSTRIA, DEMETER, GENUSS REGION ÖSTERREICH and GUTES VOM BAUERNHOF). As long as the customer holds this/these character/s, he is authorized to use packaging products and print products (of the brand/s BIO AUSTRIA, DEMETER, GENUSS REGION ÖSTERREICH and GUTES VOM BAUERNHOF) which have been produced and distributed by Etivera Verpackungstechnik GmbH. This permit for use is provided to the customer only in his capacity as a member-company of BIO AUSTRIA, DEMETER, GENUSS REGION ÖSTERREICH and/or GUTES VOM BAUERNHOF. It is not valid for other possible business activities of the customer. In case the customer loses his character of being a member-company of BIO AUSTRIA-, DEMETER-, GENUSS REGION ÖSTERREICH and/or GUTES VOM BAUERNHOF, he is obliged to inform company Etivera Verpackungstechnik GmbH hereof immediately and to indemnify company Etivera Verpackungstechnik GmbH against all claims in any case.

13.)
Place of performance for all services is AT-8321 St. Margarethen/Raab. The place of jurisdiction for all disputes arising out of the contractual relationship is solely the competent court at the registered office of ETIVERA Verpackungstechnik GmbH. Austrian law is exclusively applicable.

14.)
To the extent that the contractual partner is a consumer in the meaning of the Austrian Consumer Protection Act (KSchG) these regulations shall apply as long as they do not contradict to mandatory rules of the Austrian Consumer Protection Act (KSchG).

15.)
Should any provision of these terms and conditions be or become invalid or unenforceable, it will not affect the effectiveness and enforceability of the remaining provisions.

16.)
Notice of revocation with validity for purchases of goods on the internet B2C. Information about how to exercise the right of revocation. The customer has the right to revoke a contract within 14 days without giving reason. The period of revocation amounts to 14 days, beginning with the day the customer or a third person named by the customer, who is not the carrier, took possession of the last delivery of the goods. In order to exercise the right of revocation the customer has to send a distinct statement (e.g. by mail, telefax or email) to company Etivera Verpackungstechnik GmbH, Innovationspark 3, AT-8321 St. Margarethen/Raab, Phone: +43 (0) 3115 / 21999, Fax: +43 (0)3115 / 21999 88, E-Mail: office@etivera.at, in which he expresses his determination to revoke a contract. For this purpose the customer may use the enclosed pattern-revocation, however, it is not mandated that especially this pattern must be used. To observe the revocation period it is sufficient to send the notification about the intended revocation before the revocation due date. Consequences of a revocation In the event of a revocation company Etivera Verpackungstechnik GmbH has to refund the received payments including freight costs (with the exception of additional costs, which eventually have occurred if the customer chose a different transport offer instead of our reasonably priced standard transport offer) instantly within 14 days after the receipt of the customer’s notification about his intention to revoke. For the repayment the same means of payment are used as the customer used before, unless, something else is expressly agreed with the customer. In no case there will be fees charged to the customer because of the repayment. We may refuse the repayment until we receive the goods back or the customer provides evidence that the goods have been send back to us, whichever the earlier. The customer has to send back or to hand over the goods immediately and in any case within 14 days beginning with the day he informed company Etivera Verpackungstechnik GmbH about his intention to revoke. The period is met if the customer sends off the goods before the expiry of the time-limit of 14 days. The customer has to bear the costs for the immediate reshipment of the goods. The customer has to compensate a possible depreciation of the goods only when this depreciation in terms of appearance, quality and functionality results from the handling other than what is necessary to ascertain the nature and functioning of the goods..

17.)
There is no right of withdrawal for (§ 18 FAGG). • goods that have been manufactured according to specifications provided by a customer or which have been custom-tailored to the personal needs of a customer • sealed goods which are not suitable for return for reasons of health-protection or hygiene, in case the sealing has been removed