FairCup offers an innovative and sustainable deposit-reusable system for to-go products and packaging and is aiming to expand the system throughout Germany. It offers suppliers and to-go enthusiasts an uncomplicated and attractive alternative to disposable cups and packaging, which promotes the protection of valuable resources. The following terms and conditions are part of the contracts or are considered to be a contract for the provision of returnable cups and returnable lids and accessories against payment (rental). By concluding a FairCup partnership, each supplier supports this vision and actively contributes to sustainable development („FairCup deposit system“). The reusable cups including lids and accessories leave no ecological fingerprint. They are not produced cheaply in China. The cups and lids come from Germany. The cup is not printed and is therefore even more environmentally friendly.
The design of the FairCups is adapted to modern man and will be available in several colours by the end of 2020. With our new cup and lid we embody an environmentally conscious attitude to life. The supplier and consumer should identify with our product.
The contract shall be governed exclusively by our General Terms and Conditions of Business; other conditions shall not become part of the contract, even if we do not expressly object to them.
§1 Contracting Parties
The contractual partners are the FairCup UG („FairCup“) located in Göttingen and the business customers of FairCup who participate in the FairCup deposit system („FairCup partners“). In the event of a change of name, these General Terms and Conditions for the FairCup deposit system shall continue to apply.
§2 Object of the contractual conditions
Cup and lid are made of dishwasher safe plastic without BPA and MELAMINE and can be washed and used up to 1000 times. Afterwards it can be completely recycled and reused. For this purpose, the cup and lid should not carelessly end up in the garbage, but be returned to us.
FairCup is available in four sizes and can be found below:
- 0,2l (max. 0,28l)
- 0,3l (max. 0,38l)
- 0,4l (max. 0,48l)
- 0,5l (max. 0,58l)
The system fee to be paid is calculated on the basis of the number of cups on hand in a year and the number of returnable cups used.
- Subject of these contractual conditions is the regulation of the FairCup deposit system.
- In addition, the sales of various articles to FairCup partners independent of the FairCup deposit system are the subject of these contractual conditions.
§3 Registration, account and access to the FairCup partner area
- To ensure smooth participation in the FairCup deposit system, a personal consultation in which the conditions are discussed or a registration, sending the appropriate form, an order by e-mail or via the Internet at https://www.fair-cup.de/ is required.
- The customer
- receives access to the FairCup Partner area or registration app and
- receives an unlimited account in the FairCup Manager.
- finds his shop and if applicable his stores in our customer app with navigation.
- receives a parallel clearing account (deposit compensation account).
- For customers who do not wash and redistribute the cups themselves. There is a
- Clean-App and
- Courier service
these services are listed and charged separately.
§4 Start of the FairCup partnership; system fee
- The FairCup partnership („FairCup partnership“) begins upon receipt of the order confirmation for the first order by e-mail or fax, which may also be by telephone. By placing an order, the FairCup partner undertakes to register with the FairCup deposit system and to pay the system fee and first deposit amount in accordance with these contractual conditions.
- The deposit is credited to the clearing account. It serves to ensure the deposit equalisation among all partners and also guarantees the functionality of the system if data for clearing is not transmitted.
- The minimum order quantity for orders of FairCup returnable cups is usually based on the specified sizes (packaging units) and cup sizes. Smaller quantities and colour mixes are only made by agreement. They represent additional expenditure, which can also be charged.
- The system fee for the FairCup partnership is based on the currently valid price list (Appendix II). The system fee is calculated from the day of receipt of the order confirmation for the first order (section 4.1). This can also be done by telephone. We reserve the right to change the amount of the system fee, as it depends on the number of cups and size/turnover of a partner.
- Locations for FairCup returnable cups are all locations in Germany which FairCup partners have created or indicated in the FairCup Manager as part of the contract or update of their account after registration („issuing locations“).
- The system fee can be invoiced and paid monthly, quarterly, half-yearly or year-round in advance. Percentage discounts are available for four, six or twelve months.
- Normally, three months are charged in advance. Thereafter, the system fee is always charged in advance at the beginning of the „next quarter“. The system fee is due for payment upon invoicing by FairCup.
- The system fee for new locations created after the start of the FairCup partnership is calculated from the time when the new location was created in the account or reported by e-mail. The fee for the current quarter is usually calculated in advance.
- An additional deposit security or 0.28 Euro per container can be charged. This is calculated on the basis of the initial purchase for all branches or the annual quantity. An additional deposit of 0.28 Euro per container per order can also be charged. This regulation applies if no minimum duration has been agreed. This additional deposit security is intended to protect FairCup and its partners from damage (deposit compensation among partners). It is required for large cup quantities and for more than 20 stores.
- The FairCup partner is not entitled to circulate or otherwise distribute FairCup returnable cups at locations other than the issuing offices registered in the FairCup partner area/manager. Nor may the cups be passed on or sold to non-registered participants for testing purposes. Only registered issuing offices may advertise their participation in the FairCup deposit system.
- If the FairCup partner acts contrary to clauses 4.7 – 4.9, FairCup is entitled to retroactively establish the location as the FairCup partner’s location and to charge retroactively according to clause 4.6.
- At the beginning of the FairCup partnership, the FairCup Partner’s issuing offices will be linked and visible in the FairCup app. The FairCup Partner cannot independently deactivate the visibility of his issuing offices in the FairCup app and on the FairCup homepage.
§5 Contractual obligations FairCup deposit system: Order and delivery
- The presentation and advertising of FairCup returnable cups in the FairCup product catalogue does not constitute a binding offer to conclude a FairCup partnership or contract.
- Ordering FairCup returnable cups or other articles is done by e-mail, fax, telephone or via the FairCup manager. All FairCup returnable cups are in the typical FairCup design and carry the FairCup logo.
- By ordering FairCup returnable cups, the FairCup partner undertakes to pay a deposit excluding tax in the amount of EUR 1.00 plus tax per FairCup returnable cup, EUR 0.50 plus tax per FairCup returnable lid (drinking or sealing lid) as well as to pay the shipping costs incurred by the respective delivery.
- FairCup undertakes to deliver the ordered FairCup returnable cups within seven (7) working days after receipt of payment and will leave the FairCup returnable cups to the FairCup partner for an indefinite period of time for use and utilization in accordance with the provisions of these General Terms and Conditions.
- FairCup remains the owner of the FairCup returnable cups. There is no acquisition of ownership through the distribution of FairCup returnable cups to FairCup partners.
- With the first order, the FairCup partner has the opportunity to order the FairCup starter package, which consists, among other things, of a free initial supply of information material on the FairCup deposit system and a free FairCup sticker per issuing point. FairCup recommends that the sticker be affixed in the respective location at the beginning of the FairCup returnable cup distribution in such a way that it is visible to walk-in customers (according to clause 6.1). Further information material can also be ordered separately by e-mail, fax or telephone.
- FairCup will issue an bill to the customer for the delivery or provision of the goods to the customer, which complies with the legal requirements, from that day onwards.
- In principle, all amounts are due for payment upon receipt of the invoice by the customer. All payments serve to settle the oldest due instalment.
- Unless otherwise agreed, the price for use is to be paid within 14 days after delivery and invoicing, net cash only.
- Late payment interest will be charged at a rate of 9% above the respective base rate p.a. We reserve the right to assert a higher damage caused by default. The postmark is decisive for the beginning of the delay.
- Delivery on advance payment is reserved and depends on the order volume. For new customers the delivery can be made on prepayment.
§6 Contractual obligations FairCup deposit system: circulation of FairCup returnable cups
- The FairCup partner is obliged to include the FairCup returnable cups in his range of products. He agrees to issue the FairCup returnable cups to his walk-in customers against payment of a deposit of EUR 1.00 incl. tax for the cup and EUR 0.50 incl. tax for the lid. Walk-in customers are defined as persons who come to the stores of the respective FairCup partner in order to purchase the products offered there for a fee or to hand in the used FairCup returnable cup(s) and lid(s) at the store in quantities of up to 20 pieces („walk-in customers“).
- In order to create an incentive for walk-in customers and to increase acceptance of the FairCup deposit system, the FairCup partner is obliged to offer beverages in a FairCup returnable cup with a price difference to corresponding products in disposable cups.
- The FairCup partner is obliged to hand out only cleaned and intact FairCup returnable cups and lids to passing trade customers – in doing so, he can use the enclosed guidelines as a guide (see section 14 and Annex I).
- The FairCup partner is not obliged to take back FairCup returnable cups and lids in quantities of more than 20 pieces if they are returned by a customer at once.
- The FairCup partner is not entitled to use or apply FairCup returnable cups for purposes other than food, other than the circulation and return within the FairCup deposit system as defined in these General Terms and Conditions. In particular, the FairCup partner is not entitled to hand out FairCup returnable cups and lids to third parties who are not part of the regular customers.
- The FairCup partner is not entitled to take back FairCup returnable cups and lids directly from other FairCup partners.
- The FairCup sticker must be affixed to the shop or at the entrance to the shop in a clearly visible manner. The cups must also be placed in a position that is clearly visible to the customer. Sample cups for this purpose will be provided by FairCup if necessary.
- The FairCup Manager/Admin app is to be used regularly (daily if there is a good frequency), but at least once a week directly or indirectly through the quick reporting app, and the usage data is to be entered.
- The contracting party commits himself to maintain secrecy about the information, documents and samples transmitted or made accessible by FairCup, as well as technical know-how and other internal company knowledge and business secrets regarding the deposit system of FairCup UG.
§7 Contractual obligations FairCup deposit system: Return of FairCup returnable cups by walk-in customers
- The FairCup partner undertakes to take back all FairCup returnable cups and lids, regardless of colour and size, which are handed in by passing trade customers at issuing points and to pay the deposit to the handing customer.
- The FairCup partner takes back defective, damaged or very heavily soiled FairCup returnable cups and lids so that they can be recycled.
§8 Contractual obligations FairCup deposit system: Return of FairCup returnable cups and lids by FairCup
- The FairCup partner is entitled to return FairCup returnable cups and lids to FairCup at any time.
- The FairCup partner is obliged to clean the FairCup reusable cups before returning them to FairCup; in doing so, he may follow the enclosed guidelines (see section 14 and appendix I).
- FairCup undertakes to pay the same deposit to the FairCup partner per returned FairCup returnable cup and returnable lid as was paid.
- 1. Upon request, FairCup undertakes to pick up or have picked up the FairCup returnable cups and lids, from a quantity of 100 pieces, free of charge and after notification, in so far as FairCup is obliged to take them back in accordance with these contractual conditions. In the event of collection by FairCup, the FairCup partner is obliged to provide the FairCup returnable cups and lids packed ready for dispatch.
- Repatriation rate – Due to the Money Laundering Act we are obliged to charge a fixed repatriation rate. Each FairCup partner receives a fixed return quota of 500 containers within one year, which can be returned to us free of charge (excluding shipping costs). This return quota is constantly renewed after 12 months. If this return quota is not used, there is no accumulation, but it expires. The deposit refund for containers is not affected by this.
We charge an administration fee of € 0.75 net per container from 501 containers onwards.
NOTE on calculation:
„You have a fixed annual stock of containers, e.g. 550 containers, which you have ordered within the last year. But now you have 600 containers because you have accepted more than you gave out. In this case you do not pay the flat rate for the 50 additional containers!“.
- FairCup reserves the right to exclude defective, damaged, extremely dirty or aesthetically unappealing FairCup returnable cups and lids from the deposit refund or to refund the material value.
- The FairCup partner is obliged to sort out defective, damaged or aesthetically unappealing FairCup returnable cups and lids that are in his inventory and send them to the Goettingen headquarters so that we can dispose of them properly. The cups/lids will be sent for recycling.
- FairCup is entitled, after prior written notice, to replace all FairCup returnable cups and returnable lids in the FairCup partner’s inventory with equivalent returnable cups of the respective size in a one-to-one ratio. The FairCup partner does not incur any costs as a result.
§9 Sale of other articles
- Articles supporting the FairCup system are for sale in the FairCup partner area.
- The presentation and advertising of articles in the FairCup product catalogue does not constitute a binding offer to conclude a sales contract.
- All prices stated on the FairCup homepage are net prices and do not include statutory value-added tax or shipping costs.
- At purchase, FairCup undertakes to deliver, and the FairCup partner undertakes to pay the purchase price plus the statutory tax and the shipping costs incurred. The purchase price and shipping costs become due for payment upon invoicing. FairCup delivers within seven (7) working days after receipt of payment.
- 5.11 of these terms of contract shall apply accordingly to deliveries on advance payment.
- The property of ordered and delivered articles remains with FairCup.
- The limitation period for legal claims for defects is one year and begins with receipt of the delivery of the articles.
§10 Ban of off-set
The FairCup partner is not entitled to offset against claims of FairCup, unless the counterclaims have been legally established.
- FairCup is not liable for damages resulting from a breach of duty for which the FairCup partner is responsible and which could have been prevented if the obligations of these contractual conditions and other business duties had been observed.
- The FairCup partner is directly liable to third parties for the violation of their rights.
- In all cases of contractual and non-contractual liability, FairCup is only liable for intent and gross negligence. Liability for damages resulting from injury to life, body or health remains unaffected by the liability limitation of this clause 11.3.
§12 Duration; termination of the FairCup partnership; notice
- The minimum term of the FairCup partnership is three months from the date of the beginning of the FairCup partnership, unless another contractual minimum term is agreed upon.
- After expiry of the minimum contractual term, the FairCup partner has the right to terminate the FairCup partnership within one month’s notice.
- FairCup has the right to terminate the FairCup partnership of the respective FairCup partner within a one-month period. The FairCup partnership ends upon termination.
- Termination must be in written form.
- Deletion of one, several or all issuing office(s) by the FairCup partner has no influence on the calculation of the system fee. A written notice of termination must be submitted with deadlines to be observed.
- If the GTCs are used as the basis of the contract, the statutory notice periods of four weeks to the end of the month shall apply. This period of notice also applies to contracts with terms that were paid in advance.
- If the contract is not terminated in due time four weeks before its expiration, it will be automatically extended by the indicated months. This also only applies if no other times are specified in the contract.
- Deviating notice periods apply to large companies, bakeries and retailers with many locations or large quantities of containers, as the processing of the return of containers takes more time.
- This shall not affect the right to extraordinary termination for good cause. An important reason exists in case of breach of duty of the contractual parties, insolvency or closure of a branch/business.
- In the event of significant breaches of the FairCup-Partner’s obligations, FairCup is entitled to unilaterally terminate the FairCup partnership of the FairCup-Partner concerned without notice and to block the FairCup-Partner’s account.
- The statutory right to extraordinary termination of continuing obligations remains unaffected.
- If the FairCup partnership ends, the FairCup partner is obligated to return all FairCup returnable cups and lids in the issuing offices to FairCup from the time of termination. Upon request of the former FairCup partner, FairCup undertakes to collect the FairCup reusable cups and lids from a quantity of 100 pieces free of charge and after notification, or to have them collected, insofar as FairCup is obliged to take them back according to these contract conditions. In case of collection by FairCup, clause 8.4 sentence 2 applies accordingly. If the FairCup partner does not make use of this option, he is obliged to return the goods to FairCup at his own expense.
- The return of FairCup returnable cups and lids and the payment of the deposit by FairCup in case of termination of the FairCup partnership is effected according to the provisions of section 8.
FairCup holds the copyrights to all images, films and texts published in the FairCup product catalogue or Cloud. Any use of the pictures, films and texts is not permitted without the express consent of FairCup.
The FairCup partner receives a legally non-binding guide with recommendations for care and cleaning as an aid for handling the FairCup returnable cups, which is attached to these contract conditions as an appendix.
As a FairCup partner, if you adhere to the rules set out in the General Terms and Conditions and appendices, you are allowed to advertise with the eco-label, i.e. use and visibly display the „Blauer Engel“ advertising materials, for example. In this way, you can show your customers that you care about the responsible use of our resources and that you are committed to the environmentally friendly serving of beverages.
§15 Eco-label „Blauer Engel“
Every FairCup Partner is committed to adhering to the „Good Rules for Hot Drinks Serving“ (Appendix III). These are binding conditions for the use and awarding of the environmental label for the FairCup returnable deposit system.
§16 Changes to the terms and conditions of the contract
- Changes to the terms of the contract must be made in writing. This applies also and in particular to this section 16.1, with the exception of the acceptance of amended contractual conditions by the FairCup partner without contradiction in accordance with section 16.2.
- If FairCup intends to amend these contractual conditions, the FairCup partner will be notified of the proposed amendment in written form or by e-mail. The amendments are deemed accepted and approved unless the FairCup partner objects to them in written form. The objection must be received within two weeks of receipt of the notification. If the FairCup partner exercises his right of objection, the change request is deemed to be rejected. The FairCup partnership/contractual relationship will then continue without the proposed changes. The right of the contracting parties to terminate the contract remains unaffected.
§17 Severability Clause
- If a provision of this contract is or becomes invalid in whole or in part, the validity of the remaining provisions of this contract shall not be affected. The same applies if this contract should contain a gap. In place of the invalid provision, a provision shall be deemed to have been agreed upon which – as far as legally possible – achieves the purpose which the parties have pursued with the invalid provision or – in the case of a gap – with the contract as a whole.
- This applies in particular if the ineffectiveness of a regulation is based on the scope of the service provided in this contract or its time (period or deadline). In such cases, a legally admissible measure of performance or time ( period or deadline) which comes as close as possible to the intended purpose shall replace the agreed one.
- This clause is not only intended to reverse the burden of proof, but also to prevent the partial invalidity of this contract from rendering it invalid in its entirety.
§17 Applicable law and place of jurisdiction
This contract is subject to the law of the Federal Republic of Germany to the exclusion of private international law. In the event of any disputes between the parties arising out of or in connection with this contract, the parties agree that Göttingen shall be the exclusive place of jurisdiction, insofar as legally permissible.
2019 1-AGB Anlage II