Allgemeine Geschäftsbedingungen
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GENERAL TERMS AND CONDITIONS for PARTNERS of www.wastebox.biz (Wastebox.biz Partner GTC) 1. Legal Notice, Contact Data provisions, the remaining provisions shall remain valid 1.1. Media owner: pink robin gmbh, hereinafter referred to as unchanged. "Wastebox Operator" for short. 2.7. All terms and definitions used in these Wastebox.biz Hans-Roth-Straße 1 Partner GTC comply with the relevant Austrian laws as 8073 Feldkirchen bei Graz amended from time to time, in particular the last valid T +43 (0) 59 800 3000 version of the Waste Management Act. E [email protected] 2.8. The contractual language is German. Legal form: private limited company 2.9. Terms: Commercial register number: 216239z a) Wastebox online portal: Wastebox online portal Registrar of companies: Graz Regional Court for Civil Law (portal.wastebox.biz) and Wastebox app Matters b) Waste containers: containers, such as a Wastebox VAT ID: ATU 53080204 waste skip, wastebox container, which are made available as transport containers for the disposal 1.2. Line of business: service provider für the provision of service via the Wastebox online portal and are marked with a Wastebox QR code. digitised waste management and associated commercial activities. c) Wastebox waste skips: waste containers which are 1.3. Chamber membership: Economic Chamber of Styria; made available as transport containers for the disposal professional groups forwarding of goods, disposal and service via the Wastebox online portal and are marked resource management, commercial and personal service with a Wastebox QR code. d) Wastebox-Container (24m³, 31m³): container which is providers, engineering offices, trade and construction. Professional law: Waste Management Act, Trade made available as transport container for the disposal service via the Wastebox online portal and is marked Regulation Act: www.ris.bka.gv.at Regulatory authority/trade authority: Office of the State with a Wastebox QR code. e) Wastebox QR code: badge with a QR code and a Government of Styria; District Commission for Graz- Umgebung unique identification number which identifies the waste container and is machine-readable. 1.4. Send information, details and complaints to: f) (Disposal) service: delivery, pick-up of the waste [email protected]; phone: +43 (0) 59 800 3000 container and environmentally compatible recycling or Version as of: 10/03/2017 disposal of the waste. g) Partner: a disposal service provider commissioned by 2. Scope, Terms, General Provisions the Wastebox Operator who accepts a sub-contract for 2.1. These General Terms and Conditions ("Wastebox.biz the disposal service via the Wastebox online portal Partner GTC") apply to all orders placed via the online and/or the Wastebox app. portal portal.wastebox.biz (Wastebox online portal or the h) Partner customer: customer of a partner who is in an ongoing business relationship with the partner, proof of Wastebox app). Contracts are concluded with the Wastebox Operator. Contracts will be performed by the which is furnished in the written form, and demonstrably uses the Wastebox online portal for the disposal Wastebox Operator or by a partner. 2.2. Unless otherwise expressly agreed in writing, the services offered there based on a specific acquisition by Wastebox.biz Partner GTC shall also be valid for all future a partner. Wastebox.biz business relations, in particular also for i) Purchase order or order proposal: offer of the customer additional/supplementary orders placed in oral form even if to the Wastebox Operator for having an empty waste they are not referenced expressly. container delivered to a specific location or having a 2.3. The contracting partners undertake to impose all rights waste container picked up or swapped (full container swapped for empty container). and obligations resulting from this contract on their respective singular or universal legal successors. j) There is an ongoing business relationship in the event of a continued, regular, repeated and demonstrable 2.4. Ancillary agreements, additions or amendments to these Wastebox.biz Partner GTC shall require the written form. performance of disposal services within one year. 2.5. The inclusion of general terms and conditions of the k) Business hours: Are the hours between 8:00 a.m. - 5:00 partner which differ from these Wastebox.biz Partner GTC p.m. on workdays in Austria. is herewith expressly excluded unless these are accepted l) Metropolitan areas: Are the cities of Vienna, Graz, Linz, by the Wastebox Operator in writing. In this sense, Innsbruck, Klagenfurt, Villach, Salzburg and their contract performance acts by the Wastebox Operator in environs (for example, Graz and Graz-Umgebung). particular shall not be deemed an approval of the partner's general terms and conditions either. 2.6. Should individual provisions of these Wastebox.biz-Partner GTC be wholly or partly invalid due to mandatory statutory 1 3. Object of the Order revoked. When a permit is revoked, the partner shall 3.1. Via the Wastebox online portal, the Wastebox Operator not longer be authorised to perform the service. offers customer handling for disposal services, and that 3.6.3. The partner is obliged to announce a contact and a from order acceptance to invoicing. The Wastebox stand-in who always have to be available in the Operator commissions the partner to perform individual business hours. disposal services for these customers. The performing of the service either comprises the set-up and provisioning of 3.7. Handling of Partner Customer Orders waste containers and/or the disposal service which 3.7.1. Every partner may use the Wastebox online portal for comprises the pick-up, the transportation and the handling disposal services with his customers, so- environmentally compatible recycling or disposal of the called partner customers. A purchase order placed by waste. a partner customer on the Wastebox online portal will 3.2. The Wastebox Operator explicitly commissions the partner be offered to the respective partner on an exclusive to recycle or dispose of all the waste handed over in an basis for 20 minutes. Only after this time period has environmentally compatible manner pursuant to §15, AWG passed, this purchase order of the partner customer [Austrian Waste Management Act]. will also be sent to other partners to ensure fast 3.3. The partner undertakes to be ready to perform the service service performance for the customer. at the location selected by the customer at the fixed time, 3.7.2. The partner customer who does not have the service in the event of a purchase order "as soon as possible“, performed by his original partner in this case is still without delay, but at least within 3-4 hours in metropolitan deemed the partner customer of the original partner areas and within 8 hours outside of metropolitan areas, unless this customer demonstrably places his orders after acceptance of the purchase order, at the location for disposal services with another partner outside of selected by the customer. These times are only valid the Wastebox online portal. Naturally, the (original) within the business hours. partner may also re-integrate this partner customer 3.4. The partner undertakes to account for the waste to be into his direct service provision process (i.e. without disposed of in the course of service provision according to using the Wastebox online portal) at any time as long the data of the delivery slip created and assigned, and to as the customer agrees to that. All partners undertake transport it and to hand it over to a party authorised to do to not directly entice away Wastebox customers, with that. Unless anything to the contrary is agreed, the waste the exception of their own partner customers. shall be deemed taken over by the partner and shall be reported accordingly by the partner. 4. Purchase Order and Order Acceptance The partner undertakes to take over the waste from the 4.1. The purchase order or order of a customer or partner- Wastebox Operator and to announce the correct GLN customer is the offer. when confirming each purchase order on the Wastebox 4.2. Order Acceptance online portal. This GLN that is reported will be used for the Order acceptance (acceptance of the order/the purchase preparation of the annual waste summary report of the order) for the Wastebox Operator is carried out by a driver Wastebox Operator. of a partner in the Wastebox app or an employee of the In that connection, the partner has to differentiate the 2 partner on the Wastebox online portal. As soon as an following case: order has been accepted, it has to be fulfilled by the 1. When the material is delivered to a partner's own accepting partner at the time specified by the customer. location, the location GLN has to be announced When "as soon as possible“ orders are placed by a (type of movement: end of drop-shipping). customer, the service has to be started at least within the 2. When the partner himself drives to a third-party next hour and the order has to be fulfilled within 3-4 hours collecting and treating firm, the correct personal in metropolitan areas and within 8 hours outside of GLN has to be announced (type of movement: metropolitan areas. These times are only valid within the coupled drop-shipping). business hours. In the event of an unscheduled delay not 3.5. In the scope of service provision, the partner may only attributable to the partner's fault, the customer has to be accept and transport waste the disposal of which is offered informed directly by the partner. When the performance of via the Wastebox online portal. If other waste, in particular an order is delayed several times, the Wastebox Operator hazardous waste, is supplied for disposal, the service is reserves the right to transmit no purchase orders to the not to be performed and the circumstances have to be partner any more.