General Terms and Conditions with Customer Information (as of September 26, 2023)

Table of Contents

1. Scope
2. Conclusion of the contract
3. Voluntary right of return
4. Prices
5. Delivery, scope of delivery, and delivery date
6. Handling of the goods to be delivered
7. Use as primary food packaging
8. Printing plate
9. Warranty
10. Shipping costs
11. Payment
12. Transfer of risk
13. Refunds
14. Retention of title
15. Liability and disclaimer for external links
16. Image rights
17. Data protection
18. Further provisions

1. Scope

The offers on our website are aimed on the one hand at
consumers who make purchases for personal purposes
(consumers), and on the other hand at consumers who make purchases for
commercial or professional purposes (businesses). In the
respective provisions below, a distinction is made between the two types of consumers where necessary; if no distinction is made, the provisions apply equally to both
consumers.

These general terms and conditions (GTC) apply to online trading.

The General Terms and Conditions apply to both B2B and B2C business and thus to all orders, deliveries, and services.

Elke Plastic GmbH reserves the right to amend these General Terms and Conditions at any time
. The version of these General Terms and Conditions valid at the time of the order
shall be decisive and cannot be unilaterally amended
for this order. Deviations from these General Terms and Conditions must be made in writing
and the corresponding agreement must be signed by both parties
.

The online shop may be used by persons who are at least 18 years of age.

2. Conclusion of the contract

The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
By clicking on the "Buy now" button, you are placing a binding order for the goods contained in your shopping cart.
Confirmation of receipt of the order follows immediately after the order is submitted and does not constitute acceptance of the offer.
We
can accept or reject your order by sending an order confirmation by
email within two days.

We reserve the right to refuse an order or cancel the
order if this order was generated by software, a machine,
a crawler, a spider, or other automatic
web programs or scripted behavior systems, or by using
third-party services that were used to place the order on your behalf
.

Upon conclusion of the contract, the consumer accepts the General Terms and Conditions. 2 / 6

3. Voluntary right of return

We offer a voluntary return guarantee of 14 days from receipt of goods.

You may withdraw from the contract by returning the goods to us
within 14 days of receipt (the period begins on the day after receipt of the goods), provided that the goods are complete and in their original packaging,
are in unused and undamaged condition, and
are not goods that are specially manufactured according to customer specifications
or clearly tailored to the needs of the consumer.
Timely dispatch is sufficient to meet the deadline. If these
conditions are not met, the return of goods may be refused
.

The goods must be returned to: Elke Plastic GmbH, Petersburg Halle 7, 8262 Ramsen.

The consumer shall bear the costs of returning the goods.

4. Prices

The prices listed in the offer at the time of ordering apply
. The prices displayed in the online catalog do not include
any transport costs or statutory value-added tax.

Prices are fixed for the duration of the order within the scope of delivery orders. A

Exceptions to this are framework supply agreements whose prices can be adjusted in line with developments in raw material prices in accordance with the "Hausse/Baisse Clause" (
)
. As soon as raw material prices

If the prices have changed by more than 5% compared to the date of mutual signing of the
framework supply agreement, the prices
in the framework supply agreement shall be adjusted in the same proportion. The supplier
shall announce such price adjustments in writing with a notice period
of 30 days to the end of the month.

5. Delivery, scope of delivery, and delivery date

Deliveries are only possible within Switzerland. In principle,
deliveries are made by couriers/carriers selected by us and
depending on the volume.

In exceptional cases, we are not obliged to deliver the ordered goods
if we have ordered the goods correctly on our part
but have not been supplied correctly or on time.
The prerequisite is that we are not responsible for the lack of availability of the goods
and that we have informed you of this circumstance without delay.
In the event of subsequent unavailability of the goods,
we will refund any payments already made without delay.

For custom-made products, we reserve the right to a quantity tolerance of +/- 20% due to manufacturing reasons. 3 / 6

For stock items, a production quantity tolerance of +/- 10% is possible.
Otherwise, and unless expressly stated otherwise, the quantities specified in the order confirmation are considered fixed quantities.

The specified delivery dates or delivery times are not
binding and do not constitute expiry dates. We endeavor to adhere to the delivery times specified at
, but due to the situation with
sea freight and/or other external circumstances, this cannot always be guaranteed at
.

6. Handling of the goods to be delivered

Unless expressly instructed otherwise by the consumer
and with our corresponding consent, the goods delivered to
will not be subjected to any special treatment to protect them against
UVA/UVB radiation, the effects of liquids and/or
chemicals and/or to ensure special stability against
weather conditions.

7. Use as primary packaging for foodstuffs

If packaging is to be used as primary packaging for foodstuffs
, the consumer must specifically
and explicitly indicate this when placing a binding order. The packaging may only be used as such if we have confirmed in writing
that the packaging material is suitable for use as primary packaging for foodstuffs
.

8. Printing plate

Printing plates have a limited shelf life. If
clean print quality can no longer be guaranteed, the
printing plates must be replaced. The costs incurred for this will be
re-quoted to the consumer at the appropriate time.

9. Warranty

The supplier provides merchants with a 14-day warranty for defects in the delivered goods, starting from the date of delivery (
). For consumers (
), the statutory periods apply.

If delivered items show obvious material or
manufacturing defects, including transport damage,
these must be reported to Elke Plastic GmbH in writing
immediately, i.e. within two working days. Hidden defects must also be reported
immediately after discovery, but in any case within the
warranty period.

The consumer's warranty rights shall lapse if the consumer fails to give notice of defects

has not raised within these time limits. 4 / 6

In the event of justified and timely complaints, the consumer is entitled to a replacement delivery.

defect-free goods or an appropriate reduction in the purchase price. The supplier has the right to choose between these options.

All further warranty rights arising from legal and material warranties are excluded to the extent permitted by law.

10. Shipping costs

Unless explicitly stated otherwise, orders from consumers
over CHF 250 or orders from merchants over CHF 1,000
are shipped free of charge. For orders of CHF 250 or CHF 1,000 and
less, a flat shipping fee of CHF 15.00 applies for consumers, and
for merchants, shipping costs of CHF 12.50 per package (up to 2
packages; CHF 10.00 per package for 3 or more packages) or the applicable
pallet prices will be charged. Prices are exclusive of
statutory value added tax.

For the shipment of particularly bulky, heavy, or valuable
items, for the shipment of custom-made products, and/or for the
shipment of offers, different shipping fees may apply, which we
specify individually for each product during the sale on the
product detail page and/or on the order page, or which we
agree upon individually.

Any costs for import and export declarations,
transport insurance, packaging, and fees are not included in the price of the
supplier. The supplier does not check whether the
intended use of the goods by the consumer results in special
requirements with regard to transport packaging. It is
the consumer's responsibility to instruct the supplier accordingly in writing, if necessary,
.

11. Payment

Payment can generally be made via PayPal or invoice. We
reserve the right to review and change the payment terms.

For first-time orders by consumers up to a net value of CHF
200, payment must be made in advance. Once payment has been received, the goods will be shipped to the consumer.

When purchasing on account, the purchase price is due for payment by the consumer on the day of receipt of the
delivery or the invoice, if not sent at the same time as the delivery
. If payment
is not made within 30 days of the due date, the consumer is in
default. In this case, we reserve the right to charge the consumer
reminder fees in addition to the invoice amount. 5 / 6

A fee of CHF 15.00 will be charged for the first reminder (
). The reminder fees for the second and third reminders (
) are CHF 20.00 each.

The supplier is also entitled to withhold production and delivery of further orders from the same consumer
until the invoice amount due has been paid.

Until full payment of the purchase price due, the supplier expressly reserves the right to withdraw from the contract in accordance with Art. 214 para. 3 OR (Swiss Code of Obligations)
.

The outstanding invoice amount (including default interest and reminder fees)
may be transferred or sold for the purpose of collection. In addition to settling the invoice amount, the
consumer is also obliged to
reimburse all costs incurred as a result of the delay in payment
.

A delay in acceptance by the consumer does not entitle them to withhold payment.

We reserve the right to offer you only certain
payment methods for the requested delivery, for example, to secure our
credit risk, only those corresponding to the respective credit rating.

Any costs incurred for a monetary transaction shall be borne by the consumer.

You agree to receive invoices, credit notes, and reminders in electronic form. We will only send the relevant documents in paper form if this has been specifically agreed upon individually.

12. Transfer of risk

The risk shall pass to the consumer upon conclusion of the contract, i.e. upon receipt of the order confirmation.

13. Repayments

Any refunds by invoice and prepayment will be made to the account you specified for the refund at
. If you paid via PayPal
, the refund will be made to the associated PayPal account
.

14. Retention of title

The goods remain our property until full payment has been made. 6 / 6

15. Liability and disclaimer for external links

Liability is excluded to the extent permitted by law.

Where we refer to other websites on our pages via links
, we do not adopt these contents as our own. The following applies to all these
links: we have no influence whatsoever on the design and
contents of the linked pages. We therefore hereby expressly distance ourselves
from all contents of all linked third-party pages.
This declaration applies to all links displayed and to all contents
of the pages to which the links lead.

16. Image rights

All image rights are held by Elke Plastic GmbH. Use without express consent is not permitted.

17. Data protection

, the latest version of Elke Plastic GmbH's privacy policy, applies to the storage and processing of consumer data. It can be accessed at
under www.elke-plastic.ch/datenschutzerklärung.

18. Additional provisions

Should individual provisions of the contract, including these
provisions, be or become invalid in whole or in part, or should
the contract contain an unforeseen loophole, the
validity of the remaining provisions or parts of such provisions
shall remain unaffected. The invalid or missing provisions shall be replaced by
the respective statutory provisions.

Swiss law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements do not apply. In the case of
consumer contracts, this choice of law applies only insofar as the protection granted by
is not withdrawn by mandatory provisions of the law of the country in which
the consumer has his or her habitual residence.

With regard to consumers, the place of jurisdiction is the Swiss
place of residence of the consumer. In business transactions with merchants, our place of business is agreed as the place of jurisdiction for all legal disputes arising from these
terms and conditions and individual contracts concluded under their validity
. In this case, we are also entitled to bring legal action at the consumer's place of residence or domicile
.