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General Terms and Conditions

as at 05/05/2023

1. Scope of Application

1.1 These General Terms and Conditions apply to the transport and purchase of scrap metals by ScrapBees GmbH, which are initiated in particular via the homepage “www.schrottbienen.de” operated by ScrapBees GmbH.

1.2 These General Terms and Conditions, as amended from time to time, form part of all contracts that ScrapBees GmbH concludes with customers for the transport and purchase of scrap metals. Terms and conditions of our customers or other third parties shall not apply, even if we do not separately object to their validity in individual cases.

1.3 Unless otherwise stated, these General Terms and Conditions apply to consumers in accordance with §13 BGB and entrepreneurs in accordance with §14 BGB.

2. Conditions of Carriage and Purchase

2.1 ScrapBees GmbH only accepts transport orders and purchase offers from customers who are over 18 years of age.

2.2 The customer assures that all scrap metals or other items handed over to ScrapBees GmbH for transport and offered for purchase are the property of the customer and are free from third-party rights.

3. Offers, Contract Conclusion

3.1 ScrapBees GmbH offers potential customers the opportunity to enter the type, quantity/weight and the location based on a postcode of the scrap metals whose transport and purchase by ScrapBees GmbH a potential customer desires, as well as their telephone number and e-mail address via an input mask at www.schrottbienen.de. The customer can also upload photos of the scrap metals. The customer also has the option of uploading photos of the scrap metal.

3.2 ScrapBees GmbH will contact the customer by telephone at short notice, usually within two working days of entering the relevant data in accordance with section 3.1, in order to arrange an appointment for the inspection of the scrap metals at the customer’s location and for the possible placing of a transport order and purchase of the scrap metals in accordance with these General Terms and Conditions (“on-site appointment”). There is no entitlement to make contact.

3.3 Insofar as ScrapBees GmbH communicates a price corridor or a price indication for the scrap metals on the basis of the information provided by the customer when making contact in accordance with Section 3.2, these prices are not a binding offer, but remain free and without legally binding effect. If the parties agree on an on-site appointment, the customer shall receive confirmation of this by e-mail, to which these General Terms and Conditions are attached in their current version.

3.4 At the on-site appointment, an employee or vicarious agent of ScrapBees GmbH checks whether the information provided by the customer, in particular regarding the type, quantity, weight and condition of the scrap metal, is correct. The customer agrees that ScrapBees GmbH weighs the scrap metal and analyses its composition or condition using technical aids.

3.5 On the basis of the examination in accordance with section 3.4, ScrapBees GmbH determines a specific price proposal during the on-site appointment and offers the customer, at its own discretion, the free transport of the scrap metal in accordance with section 4 as well as the conditional purchase of the scrap metal at the determined price proposal in accordance with section 5. The customer is not entitled to the submission of such an offer by ScrapBees GmbH. In addition, a prerequisite for the offer and the conclusion of such a contract is that the customer identifies himself with an identity card or other official identification document (e.g. passport) and provides an account details with a German bank.

3.6 In the case of an offer, ScrapBees GmbH will present this offer to the customer for signature on a tablet computer during the on-site appointment, whereby the parties agree on the electronic signature or signature on this electronic device as an arbitrary written form for the conclusion of the contract. The customer accepts the offer with an electronic signature. An electronic copy of the contract will be sent to the customer at the e-mail address provided by the customer.

4. Transport

4.1 By accepting the offer, the customer commissions ScrapBees GmbH with the transport of the scrap metal to a third party to be selected by ScrapBees GmbH at its own discretion, in particular to scrap yards. ScrapBees GmbH guarantees that the selected third party is engaged in the collection, transport, trading and/or brokering of waste within the meaning of the Closed Substance Cycle Waste Management Act (hereinafter “KrWG”) and has registered the activity required for the receipt of the respective scrap metal with the competent authority.

4.2 ScrapBees GmbH is authorised to transport the customer’s scrap metal to one or more third parties within the meaning of section 4.1 above.

4.3 The transportation by ScrapBees GmbH is free of charge for the customer, provided that the collected quantity reaches at least a sales revenue of €75 and no dismantling and disassembly work is required. For smaller quantities, ScrapBees GmbH reserves the right to charge the customer a fee in advance or to refuse collection.

4.4 ScrapBees GmbH is free to carry out the transport itself or to conclude the necessary execution contracts with third parties.

4.5 Any relevant right of cancellation according to § 415 HGB and § 671 para. 1 BGB is excluded.

4.6 ScrapBees GmbH does not store the scrap metals, but will usually carry out the transport within 24 hours of the customer placing the transport order, insofar as this is feasible in the ordinary course of business and taking into account the opening hours of the third parties within the meaning of section 4.1 and taking into account working days or weekends and public holidays and without a binding transport period or a fixed transaction being agreed.

5. Purchase of the Scrap Metal/Effective Date of the Purchase Contract/Transfer of Ownership

5.1 With the electronic signature under the offer, in addition to the contract for the transport services, a conditional contract for the purchase of the scrap metal at the agreed price is concluded (hereinafter the “purchase contract”).

5.2 The purchase contract only becomes effective if and insofar as ScrapBees GmbH has executed the transport order, in particular has delivered the scrap metal to a third party within the meaning of section 4.1. ScrapBees GmbH is then free to dispose of the scrap metal, in particular to sell it to the respective third party.

5.3 Until the fulfilment of the transport order, the scrap metal remains the property of the customer. As soon as and insofar as the transport order is fulfilled, ownership of the scrap metal is transferred to ScrapBees GmbH.

5.4 ScrapBees GmbH will inform the customer without undue delay, but at the latest within five working days after fulfilment of the transport order about the transport and the effectiveness of the purchase contract by e-mail. This notification is dispensable if ScrapBees GmbH has already arranged for the payment of the agreed purchase price within this period.

6. Payment

Payment of the agreed purchase price shall be due to the customer’s bank account within three bank working days of the purchase agreement taking effect in accordance with sections 5.1 and 5.2 at the latest. Cash payment is excluded.

7. Liability

7.1 ScrapBees GmbH is liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

7.2 In other cases, ScrapBees GmbH is liable – unless otherwise regulated in section 7.3 – only in the event of a breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely, limited to the amount of the foreseeable and typical damage.

7.3 Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

8. Final Provisions

8.1 If the customer is a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of ScrapBees GmbH. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB. The registered office of ScrapBees GmbH is also the exclusive place of jurisdiction if the customer, as the party to be sued, moves his domicile or habitual residence outside of Germany after conclusion of the contract or if his domicile or habitual residence is not known at the time the action is filed. Overriding statutory provisions, in particular on exclusive jurisdiction, remain unaffected.

8.2 The contracts concluded between ScrapBees GmbH and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the Convention on Contracts for the International Sale of Goods (UN Sales Convention).

Dispute Resolution Procedure

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

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