General Terms and Conditions of Globaltainer GmbH

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1. Scope
2.Conclusion of contract
3. Right of withdrawal
4. Payment terms
5. Delivery conditions / shipping conditions
6. Rental conditions
7. Retention of title
8. Liability for defects (warranty)
9.Redemption of gift vouchers
10.Liability
11. Applicable law
12. Place of jurisdiction
13. Alternative dispute resolution

1. Scope

1.1
These General Terms and Conditions (hereinafter "GTC") of Globaltainer GmbH apply to all contracts for the delivery of containers, container accessories, or goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Buyer's/Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2.
For contracts for the delivery of products in catalogues website www.seecontainershop.com These General Terms and Conditions apply accordingly to the goods presented by the Seller, unless expressly provided otherwise.

1.3
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1
The customer can submit the offer via the online order form integrated into the Globaltainer GmbH online shop. After adding the selected goods to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the order process. The customer can also submit the offer to the seller by telephone, fax, email, post, or via the online contact form.

2.2
The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but rather serve as a basis for the customer to submit a binding offer. All dimensions and weights are subject to change. Values may vary.

2.3
When ordering goods offered by the Seller from the catalogue, the Customer may submit their offer to the Seller by telephone, fax, email, or post. The Customer may also complete the enclosed order form and return it to the Seller.

2.4
Globaltainer GmbH can accept the customer’s offer within 5 days if:

The customer receives a written invoice or order confirmation in text form by fax or e-mail, whereby the receipt or access of the invoice or order confirmation by the customer is decisive,

or

The customer receives the ordered goods, whereby the receipt or access of the goods by the customer is decisive, or when the seller requests payment from the customer after placing the order.

The contract is concluded when one or more of the above-mentioned alternatives occur. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day, which depends on the date of the offer's dispatch.

If the seller does not accept the customer's offer within the specified period, this shall be deemed a rejection of the offer/purchase and the customer shall no longer be bound by his declaration of intent.

2.5
If you select the payment method offered by PayPal, the payment will be processed via the payment service provider

PayPal (Europe) S.à rl et Cie, SCA
22-24 Boulevard Royal
L-2449 Luxembourg
E-mail: impressum@paypal.com

subject to the PayPal Terms of Use under https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays during the online ordering process by selecting PayPal as the payment method, the seller declares acceptance of the customer's offer at the time the customer has completely completed the ordering process.

2.6
Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The zoom function allows the customer to identify input errors.
The customer can then correct these during the ordering process. After the order process has been completed, the customer can notify the seller of any changes in writing or by telephone. If the goods have not yet been dispatched, requests for changes can be taken into account.

2.7
Orders are generally processed and contacted via email and automated order processing. The customer must ensure that the data provided for order processing, including the email address and addresses, are correct so that emails and letters sent by the seller can be received at this address. Likewise, when using spam filters, the customer must ensure that all messages and emails from the seller or third parties commissioned by the seller to process the order can reach the buyer.

2.8
The contract is concluded exclusively in German.

3. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must

Globaltainer GmbH
Mümmelmannsberg 15a
22115 Hamburg
Germany
Phone: 49 40 18 23 42 17
Fax: 49 40 18 23 42 19
info@seecontainershop.com

by means of a clear statement (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, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods other than what is necessary to check their quality, properties, and functioning.

Sample / cancellation form

(If you wish to cancel this contract, please fill out this form and return it)

Globaltainer GmbH
Mümmelmannsberg 15a
22115 Hamburg
Germany
Phone: 49 40 18 23 42 17
Fax: 49 40 18 23 42 19
info@seecontainershop.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________

_______________________________________

Ordered on (*)/received on (*) ____________________

Name of consumer(s) ____________________

Address of the consumer(s) __________________

________________________________________________

Signature of the consumer(s) (only if notification is made on paper)

Date__________________________________________

(*) Delete as appropriate.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

The contract text, including your order, as well as your billing and delivery addresses, will be stored by us and sent to you upon request together with our General Terms and Conditions.

Dispute resolution: The European Commission has provided an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr/. You can find our email address above.

4. Terms of payment

4.1
Unless otherwise stated in the product description in the seller's online shop, the total prices include statutory VAT. Any additional delivery and shipping costs will be offered and invoiced separately in writing and agreed upon with the customer via email.

4.2
In the case of advance payment by bank transfer, payment is due immediately upon receipt of the invoice, unless the contracting parties have agreed on a later payment date.

4.3
If the payment method purchase on account is offered by the seller,
The invoice is due after the goods have been delivered and the invoice has been issued. Payment is due within 7 days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to conduct a credit check and, in the event of a negative credit check, to refuse the purchase. The seller also reserves the right to require advance payment for larger orders.

4.4
The payment options are communicated to the customer in the online shop of Globaltainer GmbH.

5. Delivery & Shipping Conditions

5.1
Standard shipping/parcel shipping within Germany is carried out via standard parcel shipping. Island surcharges are charged separately and additionally. Parcel shipping to other European countries or third countries is charged separately and additionally.
The seller offers the customer delivery to the specified delivery address in Germany or, after consultation, for an additional charge, in Europe or a third country. When the buyer places an order in the online shop, the specified delivery address is decisive for the seller's shipping.

5.2
For goods such as containers or bulky goods delivered by freight forwarding, delivery is "free curbside," meaning to the delivery address specified by the customer. The customer is responsible for ensuring that free curbside delivery is possible at their delivery address.

5.3
For delivery and unloading by truck, crane unloading using a mobile truck-mounted crane, mobile crane, crane vehicle, or similar means, the buyer must ensure that the conditions for trouble-free delivery and unloading are met at the delivery address provided by the buyer, as well as comply with the legal requirements of their municipality or state and obtain any necessary permits. The delivering freight forwarder reserves the right to refuse delivery and unloading if the driver of the truck or crane vehicle cannot guarantee safe execution. The buyer shall bear the costs.

5.4
If delivery of the goods fails because the recipient failed to fulfill their obligations as agreed, e.g., they were not present at the delivery location, or as described in paragraphs 5.2 and 5.3, the recipient will bear the full transport costs incurred, including delivery costs, return transport costs, and any waiting times. This applies exclusively to freight forwarding, container shipping, and bulky goods, not to standard parcel shipping.

5.5
Crane unloading is carried out at the unloading point with only one lift. Additional crane lifts will incur additional charges unless otherwise agreed.

5.6
If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller hands the goods over to the freight forwarder or carrier. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods when the goods are handed over to the customer or a person authorized to receive them. The risk of accidental loss or accidental deterioration of the sold goods passes to the consumer if the consumer has commissioned the freight forwarder or carrier to collect the goods and has not previously notified the seller of this.

5.7
For self-collection, buyers must coordinate availability with the depot/loading point before picking up the goods to avoid incorrect deliveries. Buyers must inform themselves about loading regulations and registration requirements at the loading point. Globaltainer is not liable for the negligence of third parties.

6. Rental conditions

6.1
Maintenance and Use of the Rental Item: The operating and maintenance costs of the rental item are borne by the lessee. The lessee indemnifies the lessor against all claims by third parties in connection with the acquisition, possession, and use of the rental item. The lessee will maintain the rental item at his own expense in proper, functional condition, and suitable for contractual use – with the exception of wear parts. These are borne by Globaltainer GmbH. The following are not wear parts: circuit boards, compressors, and motors. The lessee will use the rental item in careful compliance with the lessor's instructions for use and treat it with care and consideration. The lessee will also observe all public regulations concerning the rental item or its use and indemnify the lessor against any claims arising from a violation of these.
For rental periods of more than one year, the tenant is obligated to carry out maintenance and leak testing at his own expense. If the tenant fails to do so, the landlord assumes no liability for any repairs.

6.2
Any installations or other modifications to the rental property require the written consent of the landlord, which may only be withheld for a valid reason. If such features are not removed by the tenant at their own expense and restored to their original condition upon termination of the rental agreement, the costs of dismantling and repairs shall be borne by the tenant.

6.3

Other provisions:

• Any assignment of the tenant's claims under this agreement requires the written consent of the landlord. The landlord is entitled to transfer his rights and obligations under this agreement, either individually or in their entirety, to a third party.
• If the tenant is repeatedly in arrears with his rent payments, the landlord can request information about his financial situation.
• The landlord or his agents must be permitted access to the rental property at any time after reasonable prior notice in order to inspect its condition.
• The tenant indemnifies the landlord against all claims for damages that may be made against him as landlord and owner of the rental property.
• This contract contains all agreements between the parties relating to the rental of the property. Amendments must be made in writing. Subsidiary agreements and reservations are only valid after written confirmation by the landlord.

6.4
Unless otherwise agreed, the rental period begins when the rental item is transported to the tenant.


6.5
The tenancy agreement ends at the end of the agreed rental period, provided that the tenant or the landlord has given written notice of termination four weeks before the end of the agreed rental period.


6.6
A temporary extension of the rental period is possible upon request by the tenant, provided the tenant submits such an application at least one month before the expiration of the agreed rental period. However, the extension will only be effective with the express consent of the landlord.



6.7.
If there are delays in the execution of the rental agreement for reasons for which the tenant is responsible, the rental period shall be extended by the duration of the delay.



6.8
For objects on third-party land, unless the tenant is the same person as the landowner on whose property the rental property is to be constructed, the tenant must provide an express written declaration from the landowner that the landowner will tolerate the rental property without compensation. This obligation remains in place even if the landlord does not enforce it at the beginning of the rental period.



6.9.
Rights after the rental period: After the rental period has expired, the lessor is entitled to dismantle the property. For this purpose, Globaltainer GmbH is entitled to enter the property on which the rental property is located free of charge. If the rental property is located on third-party property, the lessee shall ensure that the property owner has a corresponding obligation at the beginning of the contract and provide evidence of this to the lessor during the rental period.



6.10.
To ensure compliance with Section 6.9, the tenant or property owner will grant the landlord a land easement, which relates to: the tolerance of the leased property during the lease term, the tolerance of dismantling, and the tolerance of access to the property, including with cranes and construction equipment. This obligation remains in effect even if the landlord does not enforce it at the beginning of the lease term.


6.11.
Furthermore, the tenant grants the landlord the right to leave the rental object standing free of charge for up to 8 weeks for the dismantling and return transport to begin thereafter (post-departure period).


6.12 Approvals and other contributions, taxes and costs


6.12.1.
The tenant shall, at his own expense and responsibility, obtain the necessary official permits for the delivery and/or installation of the rental object, in particular the building permit, and shall fulfill the other cooperation obligations specified in the contract.



6.12.2
The tenant must fulfill all requirements on site and at his own expense to ensure proper access and installation of the rental object, as well as its dismantling at the end of the contract.



6.12.3
If the start of transport is delayed due to the tenant's failure to comply with or incorrect fulfillment of his obligations to cooperate, in particular due to incorrect application for the permit or incorrect processing of the permit, the tenant remains obliged to pay the rent.




6.12.4
Taxes, costs, insurance premiums, fees and other charges on the rental property or on the occasion of the use of the rental property, including by subtenants or third parties, must be borne by the tenant or reimbursed by the tenant to the landlord.

6.12.5
Any subletting or use by third parties requires the written consent of the landlord, who will obtain this from




6.13 Condition of the rental property, warranty, maintenance




6.13.1
The condition of the rental property will be recorded in a written protocol/correspondence at the beginning and end of the contract or usage relationship, whereby any deviations, with the exception of those resulting from contractually agreed use, are to be compensated by the tenant.




6.13.2
Given the construction of the rental property, the tenant may not, for example, attach wall shelves, create openings in the walls, or fasten other parts with screws or nails. Only the landlord or the tenant with the landlord's written consent is authorized to do so. Any associated costs, including any dismantling, shall be borne by the tenant.




6.13.3
The tenant's warranty rights are initially limited to the rectification of defects. In addition to the statutory requirements, the assertion of further rights requires a written request to rectify defects, setting a reasonable deadline and threatening further remedies. The tenant may only assert further rights after the deadline has expired without success.




6.13.4
In any case, the landlord alone is entitled to remedy any defects.




6.13.5
Circumstances that are due to the influence and behavior of the tenant or third parties are not defects.




6.13.6
The tenant must conclude maintenance contracts for all building services equipment at his own expense.




6.13.7
The tenant is responsible for maintaining the rental property in proper, functional and contractual condition at his own expense.




6.13.8
For long-term rentals of refrigerated containers, the lessee is obligated to have the refrigeration unit professionally serviced at his own expense every six months. Upon return of refrigerated containers, the interior of the container is generally cleaned at the lessee's expense.




6.13.9
Any claims made by the lessor in the event of damage discovered during collection/return at the end of the rental period will be invoiced separately to the lessee, who is liable for the damage.




6.14. Dismantling, return transport, construction and advertising signs




6.14.1
Delivery and return of the rental item, including any crane costs, are the responsibility of the renter. For extended contracts and changes to the surroundings of the rental item's parking space, the actual costs incurred for removal at that time will be invoiced.




6.14.2
For rental periods exceeding six months, the lessor is entitled to re-determine the prices for dismantling and removal of the containers, deviating from the prices agreed upon in the rental agreement. This is based on wage, fuel, and insurance premium trends. Unless the lessor is responsible for these price developments, the aforementioned services will be invoiced at the end of the rental period at standard market rates.




6.14.3
During the installation of the rental property, the landlord is entitled to erect a construction sign and, for the duration of the contract, a corresponding advertising sign on the rental property free of charge.




6.15 Settlement of rent, termination




6.15.1
The rent plus any additional costs, which may be due in advance, is billed at the beginning of each month. The rent is due in full for each month commenced. Payment of the rent and the additional costs is made by direct debit or by bank transfer from the customer to the landlord.




6.15.2
In the event of default of payment by the tenant, the landlord is entitled to terminate the contract without notice under the conditions and taking into account German law.




6.15.3
In the event of a breach of any other contractual obligation by the tenant, the landlord is entitled to terminate the tenancy without notice under the conditions and taking into account German law.




6.15.4
In the event of termination without notice, the tenant remains liable for damages in the amount of the agreed rent.




6.15.5
The right to termination without notice expires or a notice of termination without notice becomes ineffective if the tenant makes up for the outstanding payments or makes up for unfulfilled obligations before notification of the date for removal of the rental object; however, this does not apply in the event of a repeat offense.




6.15.6
Since the landlord is making significant advance payments by constructing the container, object, or building to be rented according to the tenant's specifications, the landlord is entitled, pursuant to Section 321 of the German Civil Code (BGB), to refuse to provide the building construction service if, after conclusion of the contract, it becomes apparent that the tenant's claim to consideration (rent payments) is jeopardized by the tenant's inability to pay. In these cases, the landlord can set the tenant a reasonable deadline within which the tenant must provide detailed bank information to prove their creditworthiness for the rental period or provide security in the form of a rent guarantee. If this deadline expires without success, the landlord can withdraw from the contract. In this case, the landlord is entitled to reimbursement of its expenses and lost profits.




6.15.7
The landlord is entitled to adjust the agreed rent appropriately if, after four months from the conclusion of the rental agreement, price increases are requested for the first time from suppliers to the landlord for the steel or other building materials or components required to manufacture the rental object.

7. Retention of title




7.1
The seller reserves ownership of the delivered goods to each consumer until the full purchase price has been paid.




7.2
With respect to businesses, the seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full. If the customer acts as a business, he is entitled to resell the goods as a prudent merchant in the ordinary course of business.
The customer assigns any resulting claims against third parties to the seller in advance, up to the full invoice amount. As long as the customer fulfills his payment obligations and does not default on payment or enter into insolvency proceedings, the seller will not assert any claims against third parties.



8. Liability for defects (warranty)

As far as Unless otherwise stated in the following provisions, the statutory liability for defects shall apply.

The following applies to contracts for the delivery of goods:




8.1
If the customer is a business owner, the limitation period for defects is one year from the invoice date. In the case of defects, the seller shall decide on the choice and type of repair/subsequent performance. Claims for used goods are generally excluded. In the case of a replacement delivery due to liability for defects, the limitation period does not begin anew.




8.2
If the customer is a consumer, the warranty period for used goods is 12 months; warranty claims can be made within one year of the invoice date.




8.3
The customer must provide the seller with all information necessary for the repair. The customer must submit a comprehensive defect report to the seller. The seller shall choose the location of the repair.
The location of the repair is determined by the customer's delivery address or the seller's warehouse. The seller will perform the services personally or, at its discretion, with the assistance of specialist personnel selected from third parties.




9. Redemption of gift vouchers

9.1
Vouchers purchased from the seller are considered a means of payment and can be redeemed in person, online, by letter, telephone, fax, or email.

9.2
Vouchers and remaining voucher balances can be redeemed until the end of the third year after the voucher purchase. Balances remain valid until the expiration date.

9.3
Vouchers can only be redeemed
for the purchase of goods from the online shop of Globaltainer GmbH.

9.4
Cash payment of vouchers and remaining amounts is not possible.
The amount will not accrue interest.

9.5
Multiple gift vouchers can be redeemed in one order.

9.6
If the amount on the voucher is not sufficient to order a product, a payment method offered by the seller can be selected to settle the difference.

9.7
The gift voucher is transferable. The seller can, with release
Effective to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the respective holder.

10. Liability

The seller is liable to the customer for all contractually agreed claims. Unless otherwise stated, the statutory limitations of liability and statutory claims apply. The seller is liable for defects in the repair work performed in accordance with the statutory liability for defects.




11. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.




12. Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer is based outside the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to use the court at the customer's place of business.to call.



Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.