Terms & Conditions
GENERAL TERMS AND CONDITIONS
1. Scope and Provider
(1) This website (the “Site”) and the related services, including all associated mobile applications (together the “Services”), as well as all offers and sales of deposit return machines (“Products”) and related services (“Services”) via the Site, are owned and operated by Alpreva Recycling Solutions FlexCo (hereinafter “we”, “us”, “our”).
(2) These Terms and Conditions (“Terms”) define the conditions under which visitors or customers (collectively “Customer” or “You”) may visit and/or use the Site and/or the Services and purchase Products and Services.
(3) By accessing or using the Services, you agree to these Terms and accept them as binding. If you do not agree to all Terms, you may not access the Site, use the Services, or purchase Products.
(4) You confirm that you have legal capacity and the legal authority, right, and freedom to enter into a binding agreement under these Terms and to use the Services and purchase Products and Services. If you only have limited legal capacity, you must obtain the consent of your legal representative before using the Services, purchasing the Products, or making use of the Services.
(5) Any deviating, conflicting, or supplementary general terms and conditions of the Customer shall not become part of the contract, even if known to us, unless their validity is expressly agreed in writing.
2. Products and Services
(1) Our products include reverse vending machines (RVMs) and other automated recycling and collection systems designed for the return, collection, identification, sorting, and processing of recyclable materials and containers. This includes, in particular, machines and technical systems for the automated return of single-use and reusable containers such as plastic bottles, aluminum cans, glass bottles, and other packaging subject to deposit or recycling schemes.
Depending on the specific product model and configuration, our systems may include:
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reverse vending machines for container return and deposit processing,
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automated recycling and sorting machines for recyclable materials,
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container identification and scanning systems (e.g. barcode or recognition technology),
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compaction, separation, and sorting modules,
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storage and logistics modules for collected materials,
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payment, voucher, or digital refund systems,
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user interface systems including displays, mobile integrations, and receipt printers, and
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additional hardware or peripheral devices necessary for the operation of the systems.
Our solutions may be provided as individual machines, modular systems, integrated recycling stations, or customized hardware solutions, depending on the customer’s operational requirements.
Our services include, depending on the contractual agreement with the machine operator, the provision and installation of the machines, hardware-maintenance, the continuous processing of deposit payouts to customers, the settlement and verification of deposit refunds, maintenance and revision of the software necessary for the operation of the deposit return machines, and – depending on the model – the provision of a payment terminal on the deposit machine.
(2) Objectively justified and reasonable changes to the scope of performance (in particular the configuration of the machines) shall be deemed agreed and do not entitle the Customer to assert warranty or damage claims or to contest the contract due to error.
2a. Software, Usage Rights and Remote Access
(1) The software used for operating the deposit return machines, including all updates, extensions, and interfaces, remains our exclusive property or the property of our licensors.
(2) For the duration of the respective contractual relationship, the user receives a simple, non-exclusive, non-transferable, and non-sublicensable right to use the software solely for operating the deposit return machines that are the subject of the contract.
(3) The user is not entitled to reproduce, modify, decompile, reverse engineer, or make the software accessible to third parties, unless this is mandatorily permitted by law.
(4) We are entitled to carry out software updates, security updates, functional adjustments, and technical changes, provided these are objectively justified and reasonable for the user.
2b. Availability and Operational Interruptions
(1) There is no entitlement to uninterrupted or continuous availability of the deposit return machines, the software, or connected systems.
(2) Temporary restrictions or interruptions of operation, particularly due to maintenance work, software updates, technical malfunctions, force majeure, or disruptions in third-party systems, shall not give rise to any claims by the user for warranty, damages, price reduction, or termination of the contract.
(3) We are not liable for loss of revenue, lost profits, or other indirect damages resulting from operational interruptions unless caused by intent or gross negligence.
2c. Third-Party Providers and External Systems
(1) The operation of the deposit return machines may depend on services provided by third parties, particularly DRS-operators, payment service providers, banks, network operators, or other external systems.
(2) We assume no liability for the services, availability, failures, delays, or changes of these third-party providers or external systems.
(3) Disruptions or limitations attributable to third-party systems shall not be considered a defect in our services.
3. Conclusion of Contract
(1) Unless separate conditions are specified in a written offer, written offers shall be binding for 7 days from dispatch.
(2) Written communications, offers, and orders from the customer shall be deemed an offer to conclude a contract and shall remain binding for at least two months even without our declaration of acceptance. The contract shall be deemed concluded upon transmission of our written order confirmation or, if delivery has actually taken place, upon such delivery.
(3) The terms contained in software, maintenance, delivery and/or rental agreements shall also be deemed effectively agreed if they have been transmitted to the customer, the order has been confirmed in writing, and the customer has not objected in writing within a reasonable period, even if no signed contract document has been returned.
Actual use of services, acceptance of deliveries, or commencement of use of the products shall in any event constitute acceptance of the transmitted contractual terms.
4. Prices and Payment
(1) All prices quoted by us are net prices excluding the statutory value-added tax shown separately, as well as excluding shipping costs, expenses, and insurance costs.
(2) Unless otherwise agreed, one half of the purchase price shall be due for payment gross upon order confirmation and the other half upon receipt of the goods.
(3) In the event of late payment, we are entitled to charge statutory default interest applicable between businesses as well as reasonable expenses such as reminder or collection costs.
(4) Set-off or the assertion of a right of retention by the user is excluded, regardless of the legal basis on which any counterclaims are asserted.
5. Delivery and Transfer of Risk
(1) Delivery shall become due only upon timely and proper fulfillment of the customer's obligations and all required acts of cooperation.
(2) Unless expressly agreed otherwise in writing, shipment shall be made at the user's expense ex warehouse or ex works at the place of dispatch.
(3) In the event of returns by the user to us, the user bears the risk until handover at the warehouse or works of Alpreva Recycling Solutions FlexCo.
(4) The transfer of risk shall pass to the user at the time of dispatch or, in the case of machines, upon completion of installation.
(5) Deliveries may always be made in installments. The user is obliged to accept partial deliveries.
(6) Goods not accepted on the agreed date shall be stored at the user's risk and expense. Storage fees of EUR 10 per calendar day plus VAT may apply. After six weeks we may withdraw from the contract and claim a contractual penalty of up to 80% of the net invoice amount.
(7) Delivery deadlines are binding only if explicitly agreed in writing.
(8) Response times apply on working days from 08:00 to 18:00 unless otherwise agreed.
6. Retention of Title
(1) The goods remain our property until full payment of the purchase price has been received.
(2) In case of breach of contract by the user, including late payment or insolvency, we may withdraw from the contract and repossess the goods.
(3) The user must maintain the goods properly and carry out required maintenance and inspection work at their own expense.
(4) In the event of seizure or other third‑party intervention, the user must inform us immediately in writing.
(5) If the goods are processed with other materials, we acquire proportional ownership of the resulting item.
7. Right of Withdrawal
Due to the custom manufacture of our products, no statutory right of withdrawal applies.
8. Warranty and Liability
(1) Buyers must inspect the goods within a reasonable period and notify us of defects within five days.
(2) In the event of defects we may repair or replace the goods.
(3) Unauthorized modifications void warranty claims.
(4) The warranty period is 12 months from delivery.
(5) Liability for slight negligence and consequential damages is excluded unless caused by intent or gross negligence.
9. Obligations of the User
(1) The user must provide the installation requirements (e.g. electricity and mounting fixtures).
(2) The user must comply with all statutory obligations related to the operation of the machines.
10. Data Protection
(1) If the machine only prints receipts, no customer data is stored. Only machine process data and receipt data are stored for operational purposes and compliance with the Austrian deposit system.
(2) If additional payout methods such as bank transfer or accounts are available, necessary user information may be processed for payout purposes.
11. Additional Conditions
These General Terms and Conditions apply independently and in conjunction with individually concluded contracts between Alpreva Recycling Solutions FlexCo and the buyer/user. In the event of contradictions, the conditions in the separate contract shall prevail.
The customer agrees to the conditions of the transmitted contractual documents by placing the order, unless rejected in writing.
Rights and obligations of the user arising from these Terms and from contracts based on them may not be transferred to third parties without our prior written consent. This applies in particular to changes of operator, location transfers, or the transfer of use of the deposit machines.
12. Severability Clause
If individual provisions of these Terms are or become invalid, the validity of the remaining provisions remains unaffected.
The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.
13. Place of Performance, Applicable Law and Jurisdiction
(1) The place of performance for delivery of goods is the registered office of Alpreva Recycling Solutions FlexCo unless otherwise agreed in writing.
(2) The exclusive place of jurisdiction for all disputes is the competent commercial court in Vienna. Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
