The Client guarantees that they shall act as an entrepreneur in accordance with para. 14 of the German Civil Code (BGB), i.e. to carry out its business with Flustix as part of its commercial or autonomous professional activity. Flustix shall not render any services to consumers in accordance with para. 13 of the German Civil Code.
These general terms and conditions apply to contracts between Flustix GmbH, Kronprinzendamm 20, 10711 Berlin (hereafter “Flustix”) and the Client in relation to the ordering of material testing to determine if a product is free of plastic, including the preceding product verification. Other conditions or any diverging modalities of the Client only apply if and when Flustix has expressly agreed to them. Even if Flustix does not expressly reject other conditions or diverging modalities, this does not qualify as acknowledgement or agreement. Differing Purchaser conditions of this type or diverging modalities are herewith expressly rejected.
Flustix’s initiative is the development of a seal which has the goal of promoting an environmentally compatible, socially responsible, sustainable and economically viable way of using plastics. The basis of each licensing agreement for a certain product (goods, packaging and the associated communication measures) is the respective laboratory examination and certification of the affected product, its packaging or content for being plastic-free in accordance with the definition “Synthetics-free/plastic-free consumer goods and/or synthetics/plastic-free sales packaging of consumer goods”, for those currently subject to a public RAL registration process under No. RAL RG-705 performed by the RAL German Institute for Quality Assurance and Certification, in the currently applicable draft version which is attached to these General Contract Conditions as Appendix 1 (hereafter called “Draft Version of the Terminology Regulation RAL RG-705”.
Part of the Flustix initiative is to give potentially interested parties the opportunity to use the Flustix seal “Flustix plastic-free” as shown in the following in communication relating to the tested products being plastic-free.
To be authorised to use the Flustix seal, the interested party must get the product tested by Flustix to ensure that it is “plastic-free” in accordance with the RAL registration “Synthetics-free / plastic-free consumer goods” (RAL RG 705) for being plastic free and subsequently conclude a user agreement on the use of the Flustix mark with the RAL gGmbH, the logo and licence partner of Flustix.
The testing of the product to determine if it is plastic free in the sense of the RAL registration “draft version of the definitions RAL RG 705” is carried out by Flustix by means of Flustix commissioned, neutral test laboratories. In order for Flustix to be able to assess the scope of the required test, the client must commission Flustix with a preliminary test / product verification, on the basis of which the client will receive a test offer from Flustix for the examination of the plastic freedom according to RAL registration “draft version of the definitions RAL RG 705” The client has to accept this by signing and returning the test offer to Flustix.
Flustix retains the right to exclude individual products from the testing regime due to technical limitations, ethical, ecological or similar reasons.
1. Preliminary testing / product verification
1.1. Preliminary testing / product verification is only for clarification purposes as to whether the product is suitable for the available testing procedures and for Flustix to submit a tender for testing to ascertain the plastic-free composition of the product. The contract for performing the preliminary test / product verification comes about upon acceptance of a related Client application (by pressing the button „Apply Now“) by Flustix (see: https://flustix.com/en/application-for-product-verification/). The costs in the contract for product verification are based on the service fee by Flustix GmbH plus a quotation for a chemical analysis by the partner laboratory, WESSLING.
1.2 As part of the preliminary testing / product verification, the Client shall precisely describe the product to Flustix and make two reference samples of the product to be verified available each to both Flustix and the testing laboratory commissioned by Flustix. The costs of mailing the reference sample to Flustix and the testing laboratory commissioned by Flustix shall be borne by the Client.
1.3 After completion of the preliminary test / product verification, Flustix will submit an offer to the Client including all payments incurred for the testing to establish whether the product is plastic-free.
1.4. Flustix charges the Client a service fee of EUR 150.00 plus VAT to create a test offer, which must be settled within 4 weeks from receipt of the test offer.
2. Testing the product for being plastic-free
2.1 The contract for testing the product for it being plastic-free arises from the Client’s acceptance of the Flustix testing offer based on the preliminary test / product verification. If the Client deviates from the offer submitted by Flustix upon acceptance of the testing offer, the contract shall then only come about when the deviating offer from the Client is confirmed by Flustix in writing.
Flustix adheres to the terms in the offer submitted to the Client regarding the plastic-free testing for one (1) month. The period begins from the date stated on the offer. The text of the contract concluded between the Client and Flustix is retained by Flustix in accordance with the legal retention requirements and can be requested by the Client at any time. The information obligation is based on para. 312i section 1 sub-section 1 no. 2 German Civil Code in conjunction with art. 246c no. 2 Introductory Law to the German Civil Code (EGBGB).
2.2 The testing Flustix performs to ascertain that items are plastic-free is based exclusively on the Client’s product described in greater detail in the offer.
2.3 Notwithstanding the product verification performed by Flustix, the Client shall provide Flustix, free-of-charge, with the number of reference samples of the product to be tested which is stated in the offer and furnish Flustix with all of the documents required to carry out testing to ascertain that the product is plastic-free and all other information that is required for the laboratory testing of product to certify that it is plastic-free. The documents and information belonging to this group are especially documents that make it apparent which materials have been used to create the product. Any other information or documents that are required will be requested from the Client by Flustix. The Client shall co-operate in any way necessary to facilitate product testing.
The Client shall send the reference samples of the product to Flustix or the testing laboratory commissioned by Flustix.
The costs of the reference samples and despatching to Flustix or the testing laboratory named by Flustix shall be borne by the Client. After testing has been completed, Flustix will return the reference samples to the Client at its own discretion or ensure proper disposal. The costs of this measure shall be borne by the Client upon receipt of proof.
Checking the correctness, completeness and regularity of the documents and other information passed to Flustix by the Client is not the obligation of Flustix.
2.4 The Client shall ensure that the reference samples supplied to Flustix correspond to the product that the consumer will take possession of, including its packaging and items for presentation. Flustix is authorised to retain reference samples to check end products for compliance regarding their plastic-free composition, as required. However, Flustix is not obliged to do this.
2.5 The Client shall inform Flustix promptly of all changes, e.g. the use of raw materials, production procedures or formulations that could affect the composition of the product. This type of change may necessitate further testing and can influence the plastic-free status, meaning that the “Plastic-free” certification is affected, even resulting in certification being withdrawn.
2.6 In the event that the test confirms that the product is “plastic-free” as per RAL registration “Synthetics-free / plastic-free consumer goods” (RAL RG 705), Flustix will award the Client the according certification.
In parallel to this, Flustix will forward the product’s plastic-free certification directly to RAL gGmbH, the logo and licence partner of Flustix. The Client receives a detailed analysis result from Flustix upon conclusion of the licensing contract with the logo and licence partner RAL gGmbH. Upon conclusion of the licence contract, the corresponding product is listed on the Flustix website under www.flustix.com/products.
For the performance of product verification or testing the product and awarding of plastic-free certification in accordance with the RAL registration “Synthetics-free / plastic-free consumer goods” (RAL RG 705), Flustix shall receive payment of the amount stated in the respective contract/offer, provided that the Client has accepted the corresponding offer.
Payment of the sum shall be made at all times with the statutory value added tax and is due in the event of product verification upon acceptance of the contract by Flustix, in the event of tests being carried to certify that a product is plastic-free after acceptance of the offer by the Client.
4. Delivery Period
The delivery period for the testing conforms to the agreements which have been made with the Client. If such an agreement does not exist, a delivery period of six weeks applies from the time the contract was accepted by the Client. However, Flustix is permitted to render the contractually agreed performance beforehand. The premise for the start of the delivery period is, in all cases, the furnishing and receipt of all of the documents and information from the Client.
4.2 If the delivery period resulting from paragraph 4.1 is not adhered to by Flustix, the Client is obliged to serve Flustix a suitable deadline notice for supplementary performance. The period begins on the day that Flustix receives the declaration.
4.3 Strikes or unforeseeable extraordinary events, such as sovereign acts, traffic disruptions, disruptions to business due to natural phenomena, boycotts, power shortfalls etc., significant shortfalls of personnel and machines, release Flustix from its obligations for the duration of effects of the events, or, completely from its liabilities, in the event of impossibility of performance. This also applies even if these disruptions occur during an existing delay. Flustix shall communicate the beginning and end of such hindrances to the Client as promptly as possible.
5.1 The delivery/provision of the reference products (cf. para. 1.2/2.3 above) and other documents and information shall take place at the Client’s risk.
5.2 The testing of plastic-free product composition is fulfilled by Flustix by means of the testing laboratories in accordance with generally accepted codes of practice, chemical testing according to general rules of laboratory technology, and in compliance with statutory and regulatory requirements in each case. For chemical testing orders, the selection of the methods used are made by the testing laboratory that Flustix has entrusted with the testing.
5.3 Flustix is fully liable in case of intentional negligence or grossly negligent behaviour. Flustix is liable for damages due to simple negligence on Flustix’s part provided that an essential contractual obligation is affected; this is limited to damages that are contract-typical and are foreseeable upon conclusion of the contract. Flustix is excluded from any other liability.
5.4 The usual legal provisions apply in the event of danger to life, limb or health.
5.5 Flustix is excluded from liability if an incorrect test result is based on incorrect or incomplete information from the Client. Liability is also excluded for deviating test results that arise from changes to manufacturing and/or deviations from the end product actually placed on the market as compared to the subject for testing.
5.6 The warranty period is one (1) year.
Flustix maintains confidentiality regarding third parties with respect to all documents and information provided by the Client. Flustix is however permitted to commission third-party testing laboratories to examine the product and to make the required reference samples, information and documents available. Flustix is also permitted to publish details of the product and notes regarding its plastic-free characteristics, stating the manufacturer and their address, including their logos/brands and a link to the product on www.flustix.com/en/certified-plastic-free-products, as soon as the Client has concluded a licensing contract with Flustix’s logo partners and licence partners.
7. Choice of law, place jurisdiction, final provisions
7.1 The agreements made by the parties and any possible disputes that may arise from these are exclusively subject to the law of the Federal Republic of Germany.
7.2 The place of jurisdiction for any disputes arising from the agreements made by the parties is Berlin.
7.3 Changes or addenda and subsidiary agreements to agreements concluded must be made in writing to enter into force.
7.4 Should one or more of the provisions of agreements concluded be ineffective, the contractual parties shall agree upon a legally effective substitute provision which comes closest to the economic purpose of the invalid provision, whilst maintaining the validity of the rest of the agreement. The same also applies in the event that the affected agreement contains a loophole.
7.5 FLUSTIX GmbH is neither obliged nor generally prepared to participate in dispute settlement procedures in accordance with the Dispute Resolution in Consumer Matters (para. 36 German Dispute Resolution in Consumer Matters (VSBG)).