ELA Container Terms and Conditions

General Terms and Conditions for
the sale of used containers to consumers

§ 1 Scope

(1) These General Terms and Conditions ("Terms") apply to all business and contractual relationships between ELA Container GmbH ("ELA") and its customers ("Client") regarding the sale of used containers via the online shop, insofar as the Client is a consumer within the meaning of § 13 of the German Civil Code (BGB).

(2) A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

(3) The version of these Terms valid at the time of the inquiry via the shop shall apply.

(4) Any deviating, conflicting or supplementary general terms and conditions of the Client shall not become part of the contract unless ELA expressly agrees to their applicability. This also applies if ELA does not expressly object to their inclusion.

(5) Individual agreements made with the Client in specific cases (including ancillary agreements, supplements and amendments) shall take precedence over these Terms. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

§ 2 Target Group

(1) The product range in the online shop for used containers is aimed exclusively at the customer group selected in the respective shop environment accessed. The customer must indicate, before entering the shop, whether they are acting as a consumer or as a business. Based on this selection, the customer is forwarded to the corresponding shop area.

(2) In the private customer area, the offer is aimed exclusively at consumers. The customer confirms their status as a consumer as part of the inquiry and again during the further ordering process.

(3) ELA reserves the right to verify this classification based on the information provided in the inquiry form.

§ 3 Inquiry and Conclusion of Contract

(1) The presentation and advertising of goods and services in the online shop are non-binding and do not constitute a binding offer to conclude a purchase contract, but rather an invitation to the customer to submit a non-binding inquiry about the products described in the shop.

(2) The customer may select products from the range and submit an inquiry to ELA via the "Request non-binding quote" or "Request free of charge" button. By submitting the inquiry, the customer does not yet make a binding offer to conclude a purchase contract.

(3) After receipt of the inquiry, the customer receives an automated acknowledgement of receipt by email listing the products requested. This acknowledgement of receipt merely documents receipt of the inquiry and does not constitute a binding offer.

(4) Based on the inquiry, ELA sends the customer an individual offer by email. This offer constitutes a binding offer to conclude a purchase contract.

(5) The contract is concluded when the customer accepts ELA's offer within the period stated therein or, if no period is stated, within 14 calendar days of receipt of the offer. Acceptance is made by an express declaration of the customer in written or text form.

(6) After conclusion of the contract, the customer receives an order confirmation on a durable medium (e.g. email or paper printout).

(7) ELA is entitled to confirm the customer's declaration of acceptance by means of a corresponding order confirmation. The time of receipt of the declaration of acceptance by ELA is decisive for compliance with the acceptance period.

(8) The customer assures that all information provided when making the inquiry or when ordering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. We must be informed of any changes without undue delay.

(9) The contract language is exclusively German.

§ 4 Subject Matter of the Contract

(1) The subject matter of the contract ("Object of Purchase") is the used container specifically presented in the online shop, including the equipment and characteristics listed on the product detail page.

(2) The objects of purchase offered are used containers. These show signs of use, wear, visual impairments, colour deviations, minor damage or other changes due to age and use, corresponding to their age and previous use. Such features do not constitute a defect insofar as they are presented or described in the product description, or are customary for used containers, and do not materially impair fitness for use.

(3) The condition of the object of purchase results conclusively from the respective product information on the product detail page in the online shop, including the information contained there on condition, equipment, technical data, dimensions, colour, as well as the photos provided for illustration. This information becomes part of the contractually agreed condition.

(4) The photos contained on the product detail page show the specific used container offered or comparable containers of the same type. Visible signs of use, deviations or age-related features are deemed agreed. Minor deviations, in particular in colour, surface finish or design, which are customary for used containers, are reserved insofar as they are reasonable for the customer.

(5) Public statements, advertising claims or other promotional material outside the specific product description, in particular general representations on the website or in other media, do not constitute a condition agreement.

(6) Information on dimensions, weights, technical data or other characteristics is only binding insofar as it is expressly designated as binding. Deviations customary in the industry or due to manufacturing or use are reserved, insofar as they do not materially impair the usability of the object of purchase.

(7) If the object of purchase is connected to land or to a building or installation, this is done exclusively for a temporary purpose within the meaning of § 95 BGB. The object of purchase does not become an essential component of the property unless this has been expressly agreed.

§ 5 Delivery and Transfer of Risk

(1) The containers are delivered exclusively to the delivery address specified by the customer. Self-collection is not provided for. Delivery is carried out by the provider or by a freight forwarder commissioned by the provider. Delivery and transport costs are shown separately in the respective offer.

(2) The delivery times stated in the online shop are non-binding guide values, unless a binding delivery period is expressly agreed. The specific delivery date will be communicated to the customer in the offer or, if not yet foreseeable at the time of the offer, in text form after conclusion of the contract.

(3) Delivery is subject to full payment of the purchase price, unless a different payment method has been agreed in the offer.

(4) The risk of accidental loss and accidental deterioration of the object of purchase only passes to the customer upon handover of the container to the customer or a person authorised to receive it at the place of delivery. This also applies if the provider carries out the transport itself or commissions a freight forwarder.

(5) If delivery is delayed due to circumstances for which the customer is responsible, in particular because the customer does not keep the agreed delivery appointment, fails to carry out required acts of cooperation, or refuses to accept delivery, the provider is entitled to claim compensation for the resulting damage, including any additional expenses incurred (e.g. storage or additional transport costs). The provider is entitled to claim a flat-rate compensation of EUR 10 per container per calendar day for this, starting from the day of the unsuccessful delivery appointment. The customer reserves the right to prove that no damage or significantly less damage was incurred. The right to assert further damages remains unaffected.

(6) Changes to the delivery address or other delivery-relevant information after conclusion of the contract require the provider's consent in text form. Any resulting additional costs shall be borne by the customer.

(7) The provider delivers exclusively to delivery addresses within the delivery areas specified in the online shop. Unless otherwise agreed, delivery is currently carried out exclusively within Germany.

§ 6 Cooperation Obligations upon Delivery

(1) The customer is obliged to ensure that the delivery address is accessible with a truck required for delivery. In particular, the customer must ensure that there are sufficient access options and that no obstacles stand in the way of proper delivery. Furthermore, the customer must provide a suitable installation site.

(2) The customer must point out, prior to delivery, any special local conditions that could make delivery more difficult. This includes in particular narrow streets, dead ends, low clearances, restricted turning options, insufficient load-bearing capacity of the ground, or other obstacles.

(3) The customer shall ensure that a person authorised to receive the delivery is present at the place of delivery.

(4) If containers cannot be delivered, or can only be delivered under more difficult conditions, due to incorrect or incomplete information provided by the customer, the customer shall bear the additional costs incurred as a result, in particular for additional trips, waiting times or the use of special means of transport.

(5) Further statutory claims of ELA remain unaffected.

§ 7 Prices and Delivery Costs

(1) The prices stated in the online shop for private customers of ELA are final prices including the applicable statutory value added tax, plus any delivery or transport costs incurred.

(2) Any additional delivery and transport costs incurred will be shown separately and transparently to the customer as part of the offer and are to be borne by the customer.

(3) The amount of the delivery costs depends on distance and logistical effort. An overview of typical transport costs is available via the "Transparent Delivery Costs" information page provided in the online shop. The values shown there are for guidance; the binding costs result from the individual offer.

(4) In the event of an effective withdrawal, ELA shall organise the return collection of the object of purchase. The return transport costs incurred in this connection shall be borne by the customer, provided they were properly informed of this as part of the statutory withdrawal notice. This shall be handled by ELA or a freight forwarder commissioned by ELA.

(5) Return shipment by the customer themselves is excluded due to the nature of the goods (in particular size and transport requirements).

§ 8 Payment Terms

(1) The total price is due for immediate payment upon conclusion of the contract and receipt of the invoice, unless different payment terms are specified in the offer.

(2) The means of payment result from the provider's offer letter and, additionally, from the information provided in the online shop. ELA reserves the right to exclude certain payment methods in individual cases.

(3) Unless otherwise agreed, delivery will only take place after full receipt of payment.

(4) If the customer is in default of payment, ELA is entitled to claim default interest at the statutory rate. The right to assert further default damages remains reserved.

(5) The customer shall bear costs arising in connection with delivery outside the Federal Republic of Germany, in particular customs duties, fees, taxes or other public charges.

(6) The customer is only entitled to a right of set-off if their counterclaims have been legally established or are undisputed. The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 9 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal when concluding a distance contract, about which the provider informs below in accordance with the statutory model. Section (3) contains a model withdrawal form.

Withdrawal Instructions

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us, ELA Container GmbH, Zeppelinstraße 19-21, 49733 Haren (Ems), Tel.: +49 5932 506-0, Email: info@container.de, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the enclosed model withdrawal form, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notice 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 event 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 evidence that you have returned the goods, whichever is the earlier.

Due to its nature, the container cannot be shipped as a parcel.

You must make the container available for collection without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you make the container available for collection before the deadline expires.

You shall bear the direct costs of returning the container. These costs correspond to the original delivery costs or are calculated on the basis of the transport terms applicable at the time the contract was concluded.

You are only liable for any diminished value of the container resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the container.

(2) Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to distance contracts

(a) for the supply of goods made to customer specification or clearly personalised, or which are not suitable for return due to their nature, or which are liable to deteriorate rapidly or whose expiry date would be exceeded,

(b) for the supply of audio or video recordings or computer software, where you have unsealed the data carriers supplied.

(3) The provider informs about the model withdrawal form in accordance with the statutory regulation as follows:

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To
ELA Container GmbH
Zeppelinstraße 19-21
49733 Haren (Ems)
Tel.: +49 5932 506-0
Email: info@container.de

I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract for the purchase of the following goods(*)/the provision of the following service(*)

Ordered on(*)/received on(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

(*) Delete as appropriate.

§ 10 Approvals

(1) The customer is responsible for obtaining all public law approvals required for the installation and use of the container. This includes in particular building regulation approvals, required notifications, special usage permits and other official consents.

(2) The customer must ensure that the installation of the container at the intended location is legally permissible. ELA does not carry out any review of public law permissibility.

(3) If delivery or installation is delayed due to missing approvals or official requirements for which the customer is responsible, the customer shall bear the additional costs incurred as a result, in particular for additional trips, waiting times or intermediate storage.

(4) The customer's statutory rights remain unaffected.

§ 11 Electrical Equipment and Safety Inspection

(1) Insofar as the container has electrical equipment, this is subjected to a basic function and safety inspection before delivery.

(2) This inspection is carried out as a general visual and functional check. It does not constitute an inspection according to specific technical standards or accident prevention regulations, in particular not an inspection according to DIN, VDE or DGUV regulations (e.g. DGUV Regulation 3).

(3) The electrical connection at the installation site may only be carried out by a qualified electrician. The customer is obliged to ensure, before commissioning, that the connection complies with the statutory and technical regulations applicable at the place of use.

(4) The provider does not undertake any inspection of the electrical system at the installation site or of the connection conditions there.

(5) The customer's statutory warranty rights remain unaffected.

§ 12 Defect Rights

(1) The statutory provisions apply to the customer's rights in the event of defects of title and quality, unless otherwise stipulated below.

(2) The subject matter of the contract is used containers. The customer is aware that used containers may show signs of use, wear, corrosion, paint damage and other visual and functional impairments due to age and use. Such deviations, insofar as they are presented in the product description, images or other contractual documents, or are customary for used containers, do not constitute a material defect.

(3) The condition of the container is determined exclusively by the information contained in the respective offer, in particular photos, condition description, technical data and other documented characteristics. Public statements, advertising or other promotional claims do not constitute a condition agreement.

(4) If the delivered container is defective, the customer may initially demand subsequent performance. The provider is entitled to choose between rectification and replacement delivery, insofar as this is reasonable for the customer.

(5) If subsequent performance fails, is impossible, or is unreasonable for the customer, the customer may, in accordance with statutory provisions, reduce the purchase price or withdraw from the contract, and claim damages, insofar as the statutory requirements are met.

(6) The limitation period for defect claims for used containers is one year from delivery of the goods. This does not apply to claims for damages arising from injury to life, limb or health, or in cases of intent or gross negligence.

§ 13 Liability

(1) Unless otherwise stated in these Terms, including the following provisions, the provider shall be liable for breach of contractual and non-contractual obligations in accordance with statutory provisions.

(2) The provider shall be liable for damages – regardless of the legal basis – without limitation within the scope of fault-based liability in cases of intent and gross negligence.

(3) In cases of ordinary negligence, the provider shall only be liable a) for damages arising from injury to life, limb or health, b) for damages arising from the breach of a material contractual obligation (cardinal obligation). In this case, however, liability shall be limited to compensation for foreseeable damage typical for this type of contract.

(4) The limitations of liability also apply for the benefit of the provider's legal representatives and vicarious agents.

(5) The limitations of liability arising from the preceding paragraphs do not apply insofar as the provider has fraudulently concealed a defect, has assumed a guarantee for the condition of the goods, or is liable under mandatory statutory provisions, in particular under the Product Liability Act.

§ 14 Electrical Equipment and Safety Inspection

(1) Insofar as the container has electrical equipment, this is subjected to a basic function and safety inspection before delivery.

(2) This inspection is carried out as a general visual and functional check. It does not constitute an inspection according to specific technical standards or accident prevention regulations, in particular not an inspection according to DIN, VDE or DGUV regulations (e.g. DGUV Regulation 3).

(3) The electrical connection at the installation site may only be carried out by a qualified electrician. The customer is obliged to ensure, before commissioning, that the connection complies with the statutory and technical regulations applicable at the place of use.

(4) The provider does not undertake any inspection of the electrical system at the installation site or of the connection conditions there.

(5) The customer's statutory warranty rights remain unaffected.

§ 15 Force Majeure

(1) The provider shall not be liable for delays in delivery or the impossibility of delivery insofar as these are caused by events that are outside its sphere of influence and could not have been avoided even with reasonable care (force majeure). This includes in particular operational disruptions, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, pandemics, epidemics, official measures, and difficulties in obtaining necessary approvals.

(2) Insofar as such events temporarily hinder or make delivery impossible, agreed delivery periods shall be extended by the duration of the hindrance, plus a reasonable start-up period.

(3) If the hindrance lasts longer than four weeks, both parties are entitled to withdraw from the contract. Services already rendered must be returned in this case.

(4) The customer's statutory rights remain unaffected.

§ 16 Protective Rights

(1) The provider holds the copyright and other protective rights to all images, videos, drawings, texts and other content published in the online shop.

(2) Any use, reproduction or dissemination of this content is not permitted without the express consent of the provider.

§ 17 Data Protection

(1) The provider processes the customer's personal data exclusively within the framework of statutory provisions.

(2) Details of the processing of personal data can be found in the privacy policy available on the provider's website.

§ 18 Retention of Title

(1) Until full payment of the purchase price, the delivered container remains the property of the provider.

(2) The customer is obliged to handle the container subject to retention of title with care and to protect it from access by third parties.

(3) In the event of access by third parties, in particular seizure, the customer must inform the provider without undue delay.

§ 19 Final Provisions

(1) These Terms and the contractual relationship between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding uniform international law.

(2) If the customer is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country shall remain unaffected by the choice of law.

(3) The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the court in whose district the provider has its registered office. However, the provider is also entitled in all cases to bring an action at the customer's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.

(4) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall take the place of the invalid provision.

(5) Legally relevant declarations and notices from the Client regarding the contract (e.g. setting of deadlines, notice of defects, withdrawal, price reduction or termination) must be made in writing, i.e. in written or text form (e.g. letter, email, fax). Statutory formal requirements and further evidence, in particular in cases of doubt regarding the authority of the person making the declaration, remain unaffected.

(6) References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply insofar as they are not directly amended or expressly excluded in these Terms.

Last updated: 27 April 2026