Terms of service

GENERAL TERMS AND CONDITIONS OF SALE - ALL ORDERS

1.Vendor.

Your vendor and contracting partner for all orders made through this website is BERLIN PACKAGING IBERIA, S.L.U.:

Corporate Address: Carretera Córdoba-Málaga Km. 44, Montilla, CP 14550 – Córdoba, España.

Commercial Registry: Registro Mercantil de Córdoba al tomo 2822, folio 188, hoja CO-43105.

VAT: B-96201801.

 

2.Scope and subject of the contract.

2.1.The following general Terms and Conditions (“TCs”) apply for account registration and all purchases of goods by the end customer (“you”) in the https://thepackstock.eu online shop (“E-Shop”).

2.2.These TCs exclusively govern the contractual relationship between you and us. Should you have your own general terms and conditions, they shall not form an integral part of the contract, even if we do not expressly object to their inclusion.

2.3.These TCs can be accessed and printed out or downloaded at https://thepackstock.eu at any time.

2.4.These TCs must be expressly accepted by you, who must tick the box that will be shown to them for this purpose during the contracting process.

2.5.These TCs are completed, where appropriate, by the privacy policy, the cookie policy, the eCommerce policy and the newsletter policy, which must be, where appropriate, also accepted by you in accordance with the procedures established therein. 

2.6.These TCs are available in Spanish, as well as in English, Portuguese, and French.

2.7.We reserve the right to unilaterally modify these TCs by informing users reasonably in advance. The modification shall be effective from the time it is published on the E-Shop, and shall be applicable to purchases of products made from that time onwards. In the event of closure of the E-Shop, only the purchases that were in progress at that time will be processed.

2.8.In the event that one or more of these TCs should become null and void or inapplicable for legal or material reasons, the other terms and conditions shall not be affected and shall apply insofar as the nullity or inapplicability does not affect them.

3.Registration.

3.1.Registration is required in order to make purchases in the E-Shop. This can be done during the ordering process, but also independently of an order. After the registration has been completed, we will set up an account for you, which you can use to manage your customer data, such as the address for delivery, yourself.

3.2.Only individuals of legal age with the capacity to enter into contracts, legal entities, and business partnerships may register. This requirement also applies to the placing of orders.

If a company is registered as a customer, the individual performing the registration guarantees that they he/she is authorized to represent the company.

3.3.For consumers, registration requires only a valid email address. However, to place an order, consumers must provide complete details, including any information needed to process the order. For business customers, registration requires the submission of its VAT code, which will be verified through the Salesforce system. If the business is already registered within Salesforce, the business customer will only be required to provide any missing information. If the business customer is not found in the Salesforce system, the business customer must submit all required information. 

3.4.You will be shown a summary of the login data you have entered before the final submission of the registration form. You can correct errors by navigating back to the previous page in the browser and changing your entries.

3.5.After you have completed the registration procedure, we will send you a welcome email. Receipt of this email completes the account registration. 

3.6.You guarantee that the information you have provided to us in the context of the registration is true and complete. If you provide incorrect or incomplete information, we are authorized to terminate and delete your account without observing a period of notice. You commit to communicating all future changes to the information provided in the context of your registration without prompting and without delay.

3.7.The account can be terminated in accordance with section 12 of these TCs. Your personal data will then be deleted immediately unless we are allowed to or required to continue to store them due to statutory provisions. More details can be found in our privacy policy.

3.8.Under no circumstances are you authorized to disclose your login data or, in particular, your login password to third parties. In the event that a third party nevertheless obtains access to your account or there are other indications of abuse of your account, you must inform us immediately and change your login data.

3.9.It is not possible to register on the E-Shop multiple times.

4.Concluding a purchase contract.

4.1.Contracts for purchasing products are concluded as follows:

• In order to commence the ordering process, you are required to first place the article you would like to purchase into the shopping basket by clicking the relevant button.
• Before the order for the contents of the shopping basket is finally submitted, all the contents of the order are displayed once again. You can then change your order again. We save your orders after the contract is concluded but it is no longer possible for you to access them. Please check your order carefully before clicking on the "Pay now" button.
• The placing of products in the E-Shop is not a binding offer to conclude a contract. We will confirm receipt of the order by email. The purchase contract shall be concluded only when shipment of the goods is confirmed. 

4.2.You can print out your order data immediately after you submit your order. If you wish to inspect the documents concerning your order again, you will be able to do it  in your personal profile area whenever you want. 

4.3.Orders can be changed before we issue a shipment number and confirm shipment of the goods by email. This does not affect your statutory guarantee rights or your cancellation rights.

4.4.We also reserve the right to cancel the contract if the goods are not in stock, we detect some defects on the goods before shipping, the price was wrong or for whatever reasons for which we are not culpably responsible. In such cases, we will undertake to inform you immediately that the goods are not available and reimburse any payment made.

5.Minimum purchases. Packs and Pallets.

5.1.In case you buy product in PACKS, generally they are in packs of 40x40 cm or 40x60 cm with a minimum number of containers or items that may vary according to the size of the desired container or item. In most cases the larger the container or item, the fewer units will fit in the pack.

5.2.In case you buy products in PALLET, generally the pallet is a wooden frame of 1.00 m x 1.20 m used for the loading and movement of large quantities of containers or items; this is why pallets come in much larger quantities than packs. The number of pallets available for purchase may be limited depending on the shipping destination and the kind of product. You can find the specific limitations, if any, in the relevant product page and/or in the check-out page.

5.3.It is very common that the number of caps/covers does not match the number of containers. This is due to the fact, that for each closure model there are several compatible containers, so we have calculated the average number of closures for the different container models. We do not sell single units. 

6.Shipping and delivery.

6.1.We ship to Spain (Mainland and Balearic Island), Portugal (only mainland) and France (only mainland).

6.2.Delivery is door-to-door, i.e. the pack or the pallet is delivered to the outside door of the warehouse, company or address indicated, but under no circumstances is it taken up to the flat or doorway, if these are far from the first entrance to the property.

6.3.The order is sent packaged or palletized and shrink-wrapped on a wooden pallet according to the characteristics of the product. Deliveries are made, counting from the time the transport agency collects the order: within a maximum indicative period of between 4 and 8 working days for mainland Spain and between 6 to 10 working days for Portugal and France.

6.4.The above deadlines are subject to change without notice, they are indicative and maximum: orders usually arrive earlier. The deadlines will begin to run once the payment of the order has been confirmed by our Administration Department.

6.5.Shipping to other countries: Shipment to countries other than Spain, Portugal and France is not possible.

7.Transfer of transport risk – the following provisions apply to business customers and where consumers opt not to use transport services arranged by the vendor.

7.1.The risk of accidental destruction and deterioration of goods during delivery transfers to you as soon as the goods have been handed over to the person responsible for transporting them or when the goods have left our warehouses for shipping purposes. The earliest occurring event is the deciding event  

8.Accepting the goods/transport damage or incorrect order.

8.1.We use parcel services to ship your order, among other methods. Should a consignment of goods you receive be damaged, please proceed as follows: If possible, complain about the damaged goods to the parcel service employee directly and document the degree and extent of the damage. This will neither restrict nor affect your guarantee rights.

8.2.If the order or goods have been damaged during shipment or you receive an incorrect order, we will take care of the problem according to the following conditions:

• Report the incident to our Customer Service Department, within a maximum period of 24 working hours from the date of delivery of the goods, detailing the type of incident, the order or invoice number and attaching photos of the damaged/defective/ incorrect product and the label attached to the plastic packaging. 
• You will receive a response from the Customer Service Department within approximately 24 working hours with the resolution of the incident and the corresponding course of action or possible solutions.

9.Prices and payment methods.

9.1.We offer you various methods for paying for the goods purchased. You can find the specific payment methods on the relevant product page.

9.2.All prices in our online shop are given in EUR and include the statutory value added tax (VAT). All our prices are shown ex-warehouse and include packaging. Shipping costs will be calculated after all items have been selected and added to the basket. 

9.3.The price of the goods is valid at the moment the order is placed and is shown in the order confirmation that you receive by email after you place the order. If items are saved in the shopping basket, their total price is updated to the latest daily price during the ordering process.

9.4.For purchase contracts between you and us, the total payable price – including shipping costs – is due immediately, before order confirmation. You agree to receive the invoice solely in electronic form.

9.5.Please note that in the interests of secure payment, the necessary identity documents, information on your account/credit card and a comparison of the delivery address may be requested. This is done solely for your security. The data are sent via a secure connection and are not passed to third parties. In such cases, the processing time of an order may take longer. If the information requested is not provided, the order will be cancelled and the costs for the order will be reimbursed in the same currency you selected when placing the order. In such a case, the goods will not be shipped and the offer made by you will be deemed to have been declined. 

10.Retention of title.

10.1.To secure our purchase price claims against you, we retain title to all goods delivered to you until the purchase price has been paid in full.

10.2.You are obliged to treat the goods subject to retention of title with care.

10.3.Before the secured claims are paid in full, the goods subject to retention of title may be neither pledged to third parties nor assigned for purposes of security. You are required to inform us in writing immediately if and when third parties gain access to goods belonging to us.

10.4.If you are a business customer, the following will also apply to you:

• We retain title to all delivered goods until full payment of all our current and future claims arising from the purchase contract and ongoing business relationships with you has been made ("secured claims").
• If the realizable value of our securities exceeds the secured claims by more than 10%, we will be obliged to release the securities at your request. The choice of securities to be released will be made by us.
• Any processing or alteration you carry out on the goods supplied is always on our behalf. If the goods supplied are processed with other items not belonging to us, we will acquire joint ownership of the new item to the value of the goods delivered (final invoice amount including VAT.) as a percentage of the value of the processed items at the time of processing. The new item that comes into being as a result of processing will also be subject to the same conditions as for goods supplied under reservation.

11.Term, blocking, and termination of the account.

11.1.The contract for account registration is concluded for an indefinite period.

11.2.You may terminate the contract for account registration at any time without notice.

11.3.We may duly terminate the contract for account registration with two weeks' notice.

11.4.The right to terminate the account with good reason remains unaffected. In particular, we may terminate the contract for account registration without notice if:

• you provide incorrect or incomplete details at registration;
• you repeatedly breach other contractual obligations and continue to breach them in spite of being called upon by us to refrain from doing so;

11.5.All notice of termination must be given in writing. Terminations by email are considered as being given in writing.

12.Warranties.

12.1.Unless otherwise stipulated below, your rights in cases of material defects and defects of title are covered by the provisions of the law.

12.2.In accordance with the provisions of articles 114 and following of the Revised Text of the General Law for the Defence of Consumers and Users, in the event of a lack of conformity of a product, for example, because it does not conform to the description provided on the E-Shop, it is defective or it is not suitable for use, in accordance with the provisions of the law, as consumer, you may choose to request its repair or replacement, free of charge. Likewise, and where applicable, you shall be entitled to a price reduction and, where appropriate, to termination of the contract unless, in the latter case, the lack of conformity is of minor importance. 

The aforementioned legal guarantee may be exercised by you who is a consumer for a period of three (3) years from the delivery of the product. 

Defects that are not the result of the manufacture of the product in question, such as wear and tear resulting from use, improper handling, knocks or similar, are not covered by the guarantee.

13.Liability.

13.1.Nothing in these TCs excludes or limits the liability of either party for:

• death of personal injury caused by the negligence of another party;
• fraud or fraudulent misrepresentation; and
• any other matter, where it is unlawful for a party to exclude or limit its liability.

14.Right of withdrawal – The following provisions only apply to consumers.          

14.1.Consumers have a statutory right to cancel online orders of goods in accordance with the following information.

14.2.All goods purchased through the E-Shop may be returned (labels are EXCLUDED), subject to the following conditions:

• Each consumer has the right to withdraw from his purchase within a maximum of 14 calendar days from the date of delivery of the goods without giving any reason.
• The maximum return period is 30 days from receipt of the order.
• Each consumer shall communicate his intention to return the purchased good(s) by means of an unequivocal statement by e-mail to the customer service address: info@thepackstock.eu.
• Goods must be returned correctly protected, in their unopened pack or bag, in perfect condition and with all accessories and documentation.
• You must return the goods to our address at Prolongación Avenida de Andalucía s/n, 41702 Dos Hermanas, Seville (Spain), paying the return shipping costs, within a maximum period of 14 days from the date you received the order for cancellations, and 30 days for returns.
• Once the goods have been received at our facilities within the above-mentioned deadlines and their condition have been verified, we will refund all payments received, including delivery charges, using the same means of payment used for the purchase. In case of purchases done via bank transfer, an e-mail will be sent to you requesting a bank certificate of your account number where we will wire you the money back.
• Reimbursement will be made within approximately 72 working hours.

14.3.The right of withdrawal shall not apply in the following cases:

• Sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
• Packs of open containers or bags.

15.Changes and cancellations – The following provisions only apply to consumers. 

15.1.Before the order has been prepared and collected by the carrier, we can change the delivery details or cancel the order (with a full refund)

15.2.We do not make changes to items in a web order. We can only cancel the entire order before it leaves our warehouse, so that you can place a new order online.

16.Applicable law and Jurisdiction.

16.1.This agreement is governed by the laws of the Kingdom of Spain, to the exclusion of the provisions of the UN Convention on the International Sale of Goods and of any foral law. This does not apply to consumers with regard to those provisions compulsorily applicable in law, which would be applicable without this clause, i.e. usually of the country in which consumers have their principal residence, and from which no deviations may be made by agreement.

16.2.Any dispute associated with this agreement shall be submitted to the competent courts of the city of Madrid, Spain, provided the parties to this agreement are merchants or have no general place of jurisdiction in Spain or in another EU member state, or have transferred their residence abroad after these terms of use came into force or whose residence or habitual abode is unknown when legal action is brought. In the event that you act a consumer, such disputes shall be submitted to the competent courts of the place of residence of the User if it is in Spain, or failing that, the place indicated to us by the consumer for the shipment of the goods. 

16.3.If you are acting as a consumer, you may also submit any dispute arising out of or in connection with these TCs to an alternative dispute resolution ("ADR") procedure. The list of ADR platforms available from the European Commission can be consulted at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm? event=main.home.chooseLanguage

16.4.Without prejudice to the foregoing, we do not undertake and we are not obliged to take part in online dispute resolution proceedings before the consumer arbitration body.

Last review: 21/05/2025

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