General Terms and Conditions (GTC)
The following General Terms and Conditions of Recycling Services AG ("GTC") apply to all legal transactions between Recycling Services AG and the customer. Terms and conditions of the customer are excluded. With the order and/or signing of the contract the customer accepts the GTC. The Recycling Services AG reserves the right to change the GTC at any time. Extensions of existing contracts shall automatically fall under the GTC existing at the time of the extension.
The customer's order is a binding offer between the customer and Recycling Services AG. Recycling Services AG may accept this offer by sending an order confirmation or an invoice. The order or the offer can also be made electronically by e-mail, via online registration, in writing or by telephone. This shall not give any entitlement to the conclusion of a contract. Recycling Services AG may reject the contract with a customer without giving reasons. If applicable, a valid revocation of the contract must be made within 14 calendar days after conclusion of the contract in writing by mail or by email to firstname.lastname@example.org The period of notice is 60 calendar days to the end of a contract term as stated in the order or in the contract, otherwise the contract is automatically extended by the previous contract term.
Scope of services
The scope of the services is set out in the contract and is described in full on the website of Recycling Services AG. In principle, the subscription includes one or more collections of Recycling Services bags per month. Permitted content of the bags are potentially recyclable materials, which are published on the website of Recycling Services AG. The collection of goods not explicitly mentioned here must be arranged with Recycling Services AG in advance and may be subject to additional costs. The goods must be provided in the bags or containers provided by Recycling Services AG. The service of Recycling Services AG starts from the confirmed contract period and is considered to be provided when the driver has visited the pick-up address and has taken the provided sacks with him. If no sacks were provided by the customer, the service shall nevertheless be deemed to have been rendered. Recycling Services AG shall not be liable for failure to collect Recycling Services sacks due to the customer's failure to change address.
Collection and provision of the Recycling Services bags
The Recycling Services bags or containers must be made available at the latest by 7.45 a.m. on the day of collection at the mailbox, at the front door (on private property) or at a designated place specially agreed with Recycling Services AG. The data of the collection will be published on the website and communicated to the customer upon delivery of the welcome documents. In addition, upon request, the customer will receive a reminder SMS, which will inform the customer on the previous day of the upcoming collection. Deviations regarding pickup times are reserved.
Recycling Services AG rejects any liability claims for direct and indirect damages, which arise from or in connection with the service or services beyond it. The information provided on the website has been carefully checked and is regularly updated. However, no liability or guarantee can be derived from the fact that all information is complete, correct and up-to-date at all times. This applies in particular to all links to other websites to which direct or indirect reference is made. All information can be changed, removed or supplemented without prior notice. Neither the publication nor its contents may be copied, reproduced, changed or forwarded or transmitted to third parties in any way without the prior express permission of Recycling Services AG.
Prices and payment
The prices of the respective subscriptions can be found on the website and in the documents published by us. We reserve the right to any special offers and price changes, these must be explicitly stated on the contract or order. The usual billing period is 6 months. In case of unpunctual payment of the invoice Recycling Services AG reserves the right to suspend the services until the outstanding debts are paid, without expiration of the claim for the contract period. In case of reminder the customer shall automatically be in default. Possible costs and reminder charges as well as damages caused by default can be charged separately. The invoice processor is Swissbilling AG, 1020 Rennes, which allows the customer to pay the order on account simply and securely. The payment period for payment on invoice is 30 days. For security reasons, the customer's billing address and delivery address must match. The invoice is sent to the customer separately from the order by Swissbilling AG. Payments are to be made directly to Swissbilling AG. Recycling Services AG reserves the right to assign claims to Swissbilling AG. For invoicing, the general terms and conditions of Swissbilling AG shall apply, which can be downloaded from www.swissbilling.ch/swb-AGB .
Term and termination
The following applies to all completed subscriptions: The completed contract term of the subscription is listed on the contract or is shown on the invoice. The contract periods of the subscriptions are 6, 12, 24 or 36 months. Cancellations must be received by Recycling Services in writing (by mail or email to email@example.com) 60 days before the end of the contract term. Failure to give notice of termination within this period will automatically extend the subscription for a further contract period. Any premiums or discounts will only be granted once. If benefits are granted several times, even consecutively, no legal claim arises.
Right of ownership
Definition of waste: Article 7 paragraph 6 of the Environmental Protection Act (USG, SR 814) defines waste as follows: "Waste is movable property which the holder disposes of or whose disposal is required in the public interest".
Disposal monopoly: Article 31b of the Environmental Protection Act (USG, SR 814) defines the disposal monopoly for municipal waste of the cantons in Switzerland. The law obliges waste owners (households and businesses with fewer than 250 employees) to hand over their waste to the collections or collection points designated by the cantons. According to Article 7 of the Environmental Protection Act (USG, SR 814), the disposal of waste also includes its recycling or storage as well as the preliminary stages of collection, transport, temporary storage and treatment.
By taking out a WeRecycle subscription, the customer confirms that the goods provided for collection are not waste. Rather, they are selected goods from his property which he deliberately hands over to recycling services in order to have them checked for recyclability and, if necessary, to receive compensation. He has at no time relinquished his title to the goods, nor does he wish to dispose of them as waste in the sense of the USG.
It is the will of the customer to conclude a contract with Recycling Services. This contract provides for Recycling Services to purchase and collect systematically defined goods from the deliverer (called the customer), sort them and recycle the largest possible proportion as reusable material. The customer is charged a flat-rate service fee for this. Any proceeds from the recycling are offset. The value of the basket is periodically checked and the service flat rate is adjusted if necessary.
Once the provided goods are collected by Recycling Services, they become the property of Recycling Services. Any liability for damages in connection with the bag contents and/or the recyclable materials is rejected by Recycling Services AG.
The customer guarantees that all data provided by him are true and complete. The customer undertakes to inform us immediately of any changes in the registration details. Changes to the collection address must be notified at least two weeks before the regular collection date. If the agreed service of Recycling Services can not or not fully be provided due to data not reported by the customer, the service is still considered owed. The voluntary declaration of consent of the customer for the submission of further offers of the company in written, telephone or electronic form is assumed and can be revoked at any time. The prerequisite of this declaration or its revocation does not affect the validity of the contract. The customer agrees to the automated processing of his personal data. Recycling Services AG processes the personal data only for its own purpose and this at any time in compliance with the applicable data protection laws.
In the case of direct or indirect references to external websites, any liability of the operator is excluded. The operator has no influence on the linked pages. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of the information offered, the provider of the linked site is solely liable. Questions and information We are happy to answer your questions: by e-mail at firstname.lastname@example.org or by phone at +41 44 523 6151.
Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction is Dübendorf.
Status: July 2020