Zum Inhalt springen

General Terms and Conditions (AGB)

General Terms and Conditions of Die Container GmbH for the sale of containers, modular units, trailers and accessories – for consumers and entrepreneurs.

§ 1 Scope of application and contracting parties

These General Terms and Conditions (AGB) apply to all contracts for the purchase and delivery of goods (including office, sanitary, residential and storage containers, container complexes, trailers and accessories) which you conclude via our online shop at diecontainergmbh.com or diecontainergmbh.com with

Die Container GmbH, Oberweg 6, 82008 Unterhaching (hereinafter “we” or “seller”)

These AGB apply to consumers (§ 13 of the German Civil Code, BGB) as well as to entrepreneurs (§ 14 BGB); for entrepreneurs the special provisions in § 11 of these AGB apply in addition. We do not recognise any conflicting terms of the customer or terms deviating from our AGB, unless we have expressly agreed to their validity in writing.

§ 2 Conclusion of contract

The presentation of the products in our online shop does not constitute a legally binding offer, but a non-binding invitation to you to order goods (invitatio ad offerendum). By clicking the order button (“order with obligation to pay” or a correspondingly clearly labelled button) you submit a binding offer to conclude a purchase contract for the goods contained in the cart.

The purchase contract comes into existence when we accept your order by means of a separate order confirmation by e-mail or when we deliver the ordered goods or begin the installation. The confirmation of receipt of your order (acknowledgement of receipt) immediately after it is sent does not yet constitute acceptance of your offer. We are entitled to accept the offer contained in the order within 10 working days (in the case of individually manufactured custom-made items, within 21 calendar days) of its receipt.

The contract text is stored by us. The order data and these AGB will be sent to you by e-mail.

§ 3 Prices, value added tax and incidental costs

The prices stated on our product pages are final prices and include the statutory German value added tax at the currently applicable rate of 19 %. In addition to the stated prices, further costs for transport, crane work, installation, connection or special dimensions may arise, depending on the type of delivery or installation chosen. These will be shown to you transparently before completion of the order or offered individually. Further details are set out on our page Shipping & Delivery.

§ 4 Payment methods

Within our online shop the following payment methods are generally available to you: advance payment/bank transfer, payment by credit/debit card via the payment service provider Stripe, and PayPal. On request and subject to individual agreement, purchase on account is also possible for commercial customers. You will find details of the payment methods on our page Payment methods.

In the case of custom-made items and individually configured containers we are entitled to demand an appropriate down payment when the order is placed (as a rule up to 30 % of the gross purchase price). The remaining amount is due before delivery or at the latest upon handover, unless expressly agreed otherwise.

You may only offset claims against our claims if your counterclaim is undisputed or has been established by a final court decision. You may only assert a right of retention insofar as it is based on claims arising from the same contractual relationship.

§ 5 Delivery and installation

Unless otherwise agreed, delivery is made to the delivery address stated by you during the ordering process. The expected delivery time will be communicated to you on the respective product page or at the latest with the order confirmation. In the case of individually manufactured containers the delivery time may be extended; we will inform you of this without delay.

You will find details of delivery areas, transport costs, how delivery proceeds and our optional installation service on our page Shipping & Delivery, which forms part of these AGB.

If a binding delivery date is exceeded by more than 8 weeks, you may request delivery from us, setting a deadline. We are not liable for delays in delivery for which we are not responsible, in particular force majeure, operational disruptions or delays on the part of upstream suppliers.

§ 6 Passing of risk

Vis-à-vis consumers, the risk of accidental loss and accidental deterioration of the goods sold only passes upon handover of the goods to you or to a person named by you who is different from the carrier, irrespective of whether the shipment is insured or uninsured. If installation is additionally carried out by us or by service providers commissioned by us, the risk passes on completion of the contractually agreed installation at the place of destination.

Vis-à-vis entrepreneurs, by way of derogation from this, the risk passes to the customer as soon as the goods are handed over to a transport person or leave our warehouse (§ 447 BGB).

§ 7 Retention of title

The delivered goods remain our property until all claims arising from the respective purchase contract have been paid in full (retention of title). Vis-à-vis entrepreneurs, the retention of title additionally applies until all claims arising from the ongoing business relationship have been settled. While the retention of title subsists, the customer is prohibited from pledging the goods, transferring them by way of security or otherwise disposing of them without our prior consent.

§ 8 Warranty

The statutory rights in respect of defects apply. Vis-à-vis consumers, the limitation period for claims in respect of defects for newly manufactured items is two years from delivery of the goods, calculated in accordance with the statutory provisions. Vis-à-vis entrepreneurs, the warranty period for claims in respect of defects is one year from delivery, insofar as it can lawfully be shortened.

If a material defect becomes apparent within one year of delivery of the goods, it is presumed that the defect already existed at the time of the passing of risk, insofar as this presumption is not incompatible with the nature of the item or of the defect. If the customer proves a defect to us, we shall fulfil our warranty obligation, at our option, by rectification or replacement delivery (subsequent performance). If the subsequent performance fails or is unreasonable, the customer is entitled to the statutory rights to a reduction in price, rescission and damages.

A guarantee granted by us in an individual case does not affect your statutory warranty rights.

§ 9 Custom-made items and individual configuration

Part of our range is manufactured or configured specially on the basis of your individual requirements (e.g. floor plan, dimensions, equipment, colour, number and arrangement of windows and doors) (“custom-made item”). In the case of custom-made items we point out to you separately, already during the ordering process, that the goods are manufactured according to your specifications.

Minor technically unavoidable deviations in dimensions, colour shades (e.g. in windows, doors or sandwich panels) or material batches compared with the presentations in the shop do not constitute a defect and do not entitle you to reject the goods, provided that the agreed equipment according to the quotation and invoice is essentially complied with.

Please note that in the case of custom-made items there is no statutory right of withdrawal pursuant to § 312g (2) no. 1 BGB. You will find details of this on our page Right of withdrawal.

§ 10 Right of withdrawal

Consumers are, as a matter of principle, entitled to a statutory right of withdrawal. The details are set out in our notice of the right of withdrawal on the page Right of withdrawal. There is no right of withdrawal in the case of contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (§ 312g (2) no. 1 BGB). For entrepreneurs there is no statutory right of withdrawal.

§ 11 Special provisions for entrepreneurs (B2B)

For contracts with entrepreneurs (§ 14 BGB) the following provisions apply in addition:

  • The passing of risk is governed by § 6 (2) of these AGB (§ 447 BGB).
  • The warranty period is one year from delivery.
  • If the entrepreneur does not collect the goods made available in accordance with the contract within 14 days of receipt of the notice of availability, we may rescind the contract and/or demand damages amounting to a lump sum of 15 % of the net purchase price, unless a lower or higher loss is proven. The entrepreneur reserves the right to prove that the loss was lower.
  • The place of performance for all obligations arising from the contractual relationship is the registered office of the seller.
  • The exclusive place of jurisdiction for all disputes arising from or in connection with contracts with merchants, legal persons under public law or special funds under public law is the registered office of the seller. The same applies if the entrepreneur has no general place of jurisdiction in Germany.

§ 12 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. You will find further information in our legal notice (Impressum).

§ 13 Applicable law

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not thereby withdrawn.

§ 14 Severability clause

Should individual provisions of these AGB be or become invalid, the validity of the remaining provisions shall remain unaffected.

As at: August 2026