Spende Dein Pfand
Place of jurisdiction: Cologne – Applicable law: Federal Republic of Germany
© 2025 Spende Dein Pfand – General Terms and Conditions – Valid from 1 May 2025
Spende Dein Pfand gUG (haftungsbeschränkt)
Am Wassermann 31, 50829 Cologne
Phone: +49 221 29246389
Fax: +49 221 29246387
Email: info@spendedeinpfand.com
Website: www.spendedeinpfand.com
(hereinafter referred to as the “Seller”)
Part 1: General Provisions
Section 1 Scope of Application
1.1. The following General Terms and Conditions (hereinafter “GTC”) apply to all contracts for the sale and delivery of goods and digital content by Spende Dein Pfand gUG (haftungsbeschränkt) (hereinafter “Seller”) to its contractual partners (hereinafter “Buyer”).
1.2. Deviating, conflicting, or supplementary general terms and conditions of the Buyer do not become part of the contract unless the Seller expressly agrees to their validity in writing. Such consent must be declared individually in each case.
1.3. These GTC also apply to all future transactions between the Seller and the Buyer, even if they are not expressly referred to again in future contracts.
1.4. Legally relevant declarations and notifications by the Buyer relating to the contractual relationship (e.g. setting of deadlines, notices of defects, declarations of withdrawal or price reduction) must be made in writing, unless a stricter form is required by law or otherwise agreed by contract.
1.5. References to the applicability of statutory provisions are for clarification purposes only. Unless directly amended or expressly excluded in these GTC, the statutory provisions apply.
Section 2 Conclusion of Contract
2.1. The presentation and advertising of goods and services on the Seller’s website, in catalogues, or in advertising materials does not constitute a binding offer to conclude a purchase contract, but a non-binding invitation for the Buyer to submit an offer.
2.2. The Buyer’s order constitutes a binding offer to conclude a purchase contract for the ordered goods. The Seller is entitled to accept this offer within fourteen (14) days of receipt.
2.3. The contract is only concluded upon the Seller’s written acceptance of the offer (e.g. by order confirmation) or upon delivery of the goods to the Buyer.
2.4. The Seller reserves the right to refuse orders, in particular in the event of insufficient creditworthiness of the Buyer or reasonable suspicion of abusive behaviour.
Part 2: Delivery, Ownership, Risk
Section 3 Prices and Payment Terms
3.1. All prices quoted by the Seller are in euros (€) and include the applicable statutory VAT, but exclude shipping, packaging, and insurance costs, unless expressly agreed otherwise.
3.2. Unless otherwise agreed, prices are “ex warehouse” of the Seller.
3.3. The purchase price is due and payable within thirty (30) calendar days of the invoice date, without deduction. Receipt of payment in the Seller’s account stated on the invoice is decisive for the timeliness of payment.
3.4. In the event of default, the Seller is entitled to charge default interest of nine (9) percentage points above the applicable base rate pursuant to Section 288 (2) of the German Civil Code (BGB). Further rights and claims for damages remain expressly reserved.
3.5. The Seller is entitled to issue partial invoices for partial services rendered.
Section 4 Delivery, Delivery Time, and Transfer of Risk
4.1. Delivery dates and delivery periods are binding only if expressly agreed in writing. Delivery periods begin upon receipt of the order confirmation by the Buyer, but not before all details of the order have been fully clarified and any required approvals have been obtained.
4.2. The Seller is entitled to make partial deliveries and render partial services, insofar as this is reasonable for the Buyer.
4.3. The risk of accidental loss and accidental deterioration of the goods passes to the Buyer at the latest upon handover to the Buyer or to a carrier designated by the Buyer. This also applies if the Seller has borne the shipping costs in an individual case.
4.4. If delivery or handover is delayed due to a circumstance attributable to the Buyer, the risk passes to the Buyer from the day the goods are ready for dispatch.
Part 2: Delivery, Ownership and Risk
Section 5 Acceptance and Default of Acceptance
5.1. The Buyer is obliged to accept the ordered goods on the agreed delivery date.
5.2. If the Buyer is in default of acceptance or culpably breaches other duties to cooperate, the Seller is entitled to demand compensation for the resulting damage, including any additional expenses (e.g. storage costs).
5.3. In the event of default of acceptance, the risk of accidental loss or accidental deterioration of the goods passes to the Buyer from the time of the default of acceptance or the culpable breach of duties to cooperate.
Section 6 Retention of Title
6.1. The Seller retains title to the delivered goods until full payment of all claims arising from the business relationship with the Buyer.
6.2. The Buyer is obliged to treat the goods subject to retention of title with care and to insure them adequately at replacement value, at its own expense, against the usual risks such as fire, water, and theft.
6.3. The Buyer is entitled to resell the goods in the ordinary course of business. In this case, the Buyer hereby assigns to the Seller all claims in the amount of the invoice total (including VAT) arising from the resale against its customers or third parties.
6.4. Pledges or transfers by way of security of the goods subject to retention of title in favour of third parties are not permitted. The Buyer must notify the Seller immediately in writing of any seizures or other interventions by third parties.
Section 7 Right of Withdrawal in Case of Deteriorating Creditworthiness
7.1. If, after conclusion of the contract, it becomes apparent that the Seller’s claim to consideration is jeopardised by the Buyer’s lack of ability to perform (e.g. by an application to open insolvency proceedings), the Seller is entitled to withdraw from the contract in accordance with the statutory provisions.
7.2. The Seller is also entitled to demand advance payment or the provision of security.
Section 8 Use of digital content
8.1. Insofar as the Seller provides digital content (e.g. apps, data sets, or digital services), the Buyer is granted a simple, non-transferable right of use, unless expressly agreed otherwise.
8.2. Any use beyond this, in particular reproduction, editing, making publicly available, or passing on to third parties, is not permitted without the Seller’s express written consent.
Part 3: Rights in Case of Defects and Liability
Section 9 Warranty and Claims for Defects
9.1. The Buyer’s rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise specified below.
9.2. The basis of liability for defects is, in particular, the agreement reached on the quality of the goods. All product descriptions designated as such and made available to the Buyer before ordering are deemed to be an agreement on quality.
9.3. Claims by the Buyer for obvious defects exist only if the Buyer notifies the Seller of these defects in writing within seven (7) working days of receipt of the goods.
9.4. The Seller is entitled to determine the type of subsequent performance (repair or replacement delivery) itself.
9.5. Claims for defects become time-barred within twelve (12) months of delivery of the goods, unless they are claims within the meaning of Section 438 (1) No. 2 BGB (buildings, items used for buildings).
Section 10 Product Liability
10.1. The Seller’s liability under the German Product Liability Act remains unaffected.
10.2. Claims for damages under product liability exist only insofar as a product defect exists and this defect was the cause of the damage incurred.
Section 11 Liability
11.1. The Seller is liable without limitation for damage resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the Seller, its legal representatives, or vicarious agents.
11.2. For other damage, the Seller is liable only in cases of intent or gross negligence.
11.3. In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the Seller’s liability is limited to the foreseeable damage typical for this type of contract.
11.4. Further claims for damages are excluded.
Part 4: Miscellaneous Provisions
Section 12 Force Majeure (Force Majeure)
12.1. The Seller is not liable for non-performance or delayed performance of obligations insofar as these are due to events of force majeure.
12.2. Force majeure includes in particular natural disasters, epidemics, pandemics, wars, acts of terrorism, strikes, lawful lockouts, official orders, and other unforeseeable, unavoidable, and serious events.
12.3. The Seller will inform the Buyer immediately of the occurrence of a case of force majeure.
Section 13 Data Protection
13.1. The Seller processes the Buyer’s personal data in compliance with the applicable data protection regulations, in particular the GDPR.
13.2. Detailed information is available in the privacy policy at www.spendedeinpfand.com.
Part 4: Miscellaneous Provisions
Section 14 Amendments to the General Terms and Conditions
14.1. The Seller reserves the right to amend or supplement these GTC at any time, insofar as this is necessary to adapt to changed legal or technical conditions.
14.2. Amendments will be communicated to the Buyer in text form at least two weeks before they take effect.
14.3. If the Buyer does not object to the amended terms within two weeks of receipt of the notification, the amendments are deemed accepted. The Seller will specifically point out this consequence to the Buyer in the amendment notification.
§ 15 Alternative Dispute Resolution
15.1. The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act.
15.2. Die von der Europäischen Kommission betriebene Plattform zur Online-Streitbeilegung (OS-Plattform) wurde zum 20. Juli 2025 eingestellt. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.
Section 16 Compliance and Export Control
16.1. The Buyer undertakes to comply with all statutory provisions relevant to the business relationship, in particular export control and sanctions regulations.
16.2. In the event of a breach of these obligations, the Seller is entitled to withdraw from the contract and claim damages.
Section 17 Set-off and Assignment
17.1. The Buyer is entitled to set-off only if its counterclaims have been finally established by a court, are undisputed, or have been acknowledged by the Seller.
17.2. An assignment of claims against the Seller requires the Seller’s prior express written consent.
Section 18 Limitation Period
18.1. Claims by the Buyer for material defects or defects of title become time-barred one year after delivery of the goods.
18.2. The statutory limitation periods apply to claims for damages based on intent, gross negligence, or injury to life, body, or health.
Section 19 Confidentiality
19.1. The Buyer undertakes to treat all confidential information that comes to its knowledge in the course of performing the contract in strict confidence.
19.2. This obligation continues to apply after the end of the contractual relationship.
19.3. Disclosure to authorities or courts remains unaffected insofar as a corresponding legal obligation exists.
Section 20 Sustainability Commitment (ESG)
20.1. The Seller is committed to complying with environmental, social, and ethical standards (“Environmental, Social, Governance” – ESG).
20.2. The Buyer likewise warrants not to engage in any practices within the business relationship that violate human rights, environmental standards, or applicable law.
20.3. In the event of significant violations, the Seller is entitled to terminate the contract without notice.
Section 21 Contract Language
21.1. The contract language is exclusively German.
21.2. If translations of these GTC are prepared in other languages, the German version alone shall be authoritative.
Section 22 Text Form Clause
22.1. Amendments and supplements to this contract, as well as all legally relevant declarations and notifications by the parties, must be made at least in text form (e.g. email, fax).
22.2. Statutory form requirements remain unaffected.
Section 23 Legal Succession
23.1. The Seller is entitled to transfer its rights and obligations under the contractual relationship to third parties, in whole or in part.
23.2. The Buyer may transfer rights and obligations under this contract only with the Seller’s prior written consent.
Section 24 Contractual Penalty
24.1. If the Buyer culpably breaches essential contractual obligations, in particular the provisions in Section 5 (Retention of Title) or Section 19 (Confidentiality), the Buyer undertakes to pay a contractual penalty of EUR 5,000 for each individual breach.
24.2. The assertion of further damages remains reserved; any contractual penalty paid will be offset against any claim for damages.
Section 25 Right of Withdrawal for Consumers
25.1. Consumers within the meaning of Section 13 BGB have a statutory right of withdrawal for distance contracts pursuant to Section 355 BGB.
25.2. The details are set out in the withdrawal notice and the model withdrawal form, which form part of these GTC.
Part 5: Final Provisions
Section 26 Severability Clause
26.1. Should any provision of this contract or these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.
26.2. In place of the invalid or unenforceable provision, the valid and enforceable provision whose effects come closest to the economic objective pursued by the parties with the invalid or unenforceable provision shall be deemed agreed.
26.3. Gleiches gilt im Falle einer Regelungslücke.
Annex 1 to Section 25 – Withdrawal Notice
You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day:
on which you, or a third party named by you who is not the carrier, took possession of the goods;
in the case of a contract for several goods ordered as part of a single order and delivered separately: on which you, or a third party named by you who is not the carrier, took possession of the last item;
in the case of a contract for the delivery of goods in several partial shipments or pieces: on which you, or a third party named by you who is not the carrier, took possession of the last partial shipment or the last piece.
To exercise your right of withdrawal, you must contact us
Spende Dein Pfand gUG (haftungsbeschränkt)
Am Wassermann 31
50829 Cologne
Phone: +49 221 29246389
Fax: +49 221 29246387
Email: info@spendedeinpfand.com
by means of a clear declaration (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract.
You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen (14) days from the day on which we received notification of your withdrawal from this contract.
For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen (14) days from the day on which you notify us of your withdrawal from this contract.
The deadline is met if you send the goods before the fourteen (14) day period expires. You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss of value is due to handling of the goods that was not necessary to inspect their condition, properties, and functioning.
Annex 2 to Section 25 – Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to us –
[Your name]
[Your address]
[Postcode City]
Spende Dein Pfand
Am Wassermann 31
50829 Cologne
[Date]
Request for withdrawal from the contract dated [date of contract], contract number: [contract number]
Dear Sir or Madam,
I hereby wish to exercise my statutory right of withdrawal and withdraw from the contract concluded with you on [date of contract] for [name of product/service], contract number: [contract number].
I kindly ask you to process the withdrawal of my contract in due time and to confirm in writing that the contract has been cancelled. In accordance with the statutory provisions, I am entitled to a right of withdrawal that may be exercised within 14 days of receipt of the goods / use of the service.
If required, I am prepared to return the product to you without delay. Please let me know how I can return the product to you and whether I must bear the costs of the return shipment.
I ask you to refund the amount already paid for [name of product/service] promptly and in full to the account specified below.
Please confirm to me in writing the receipt of my withdrawal and the processing of the refund.
I am happy to answer any questions. You can reach me at [your phone number] or by email at [your email address].
Thank you for your understanding and the prompt processing of my request.
Kind regards,
[Your name]