General Terms and Conditions

Terms and Conditions

Last Updated Date: August, 2024

1.              This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully. 

By placing an order for products from this website, you affirm that you doing so on behalf of a business entity, have the legal authority to bind such entity to these Terms and Conditions (“Terms”), and accept and are bound by these Terms on behalf of such entity.

You may not order or obtain products from this website if you (a) are not an entity purchasing these products for your own business use, (b) do not agree to these Terms, (c) are not the older of (i) at least 18 years of age or (i) legal age to form a binding contract with Gerresheimer Glass Inc., or (d) are prohibited from accessing or using this Site or any of its contents or products by applicable law.

These Terms apply to the purchase and sale of products and services through www.gerresheimer.shop (the "Site"). These Terms are subject to change by Gerresheimer Glass Inc. (referred to as "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 9).

2.              Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3.              Prices and Payment Terms.

(a)            All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b)            Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We use a third-party payment processor, Stripe, to handle payment processing. We accept credit cards (Visa, MasterCard, American Express, Discover), bank transfers (Automated Clearing House (ACH) payments), or electronic funds transfer (EFT) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4.              Shipments; Delivery; Title and Risk of Loss.

(a)            We will arrange for shipment of the products to you. Please check payment page for specific delivery options.You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

(b)            Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5.              No Returns and Refunds; Damaged Product. All sales are final.  No returns or refunds are permitted with respect to any purchases on the Site, other than with respect to products that arrive damaged.  You have an obligation to notify us of any damages within seven (7) days of delivery by email to help@gerresheimer.shop, which notice shall include a detailed description of the damages and photos of the damaged product(s).  We will investigate and, in our sole discretion, may determine to refund or replace the damaged product(s).   

6.              No Warranty. We make no warranty whatsoever with respect to the products purchased through the site, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

7.              Limitation of Liability.

(a)           In no event shall we be liable to you or any third party for any loss of use, revenue or profit, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not we have been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

(b)           In no event shall our aggregate liability arising out of or related to THESE TERMS, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the amounts paid by you for the products sold through the site.

8.              Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own business use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States or Canada.

9.              Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://gerresheimer.shop/Data-Protection/, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

10.            Force Majeure.

(a)            No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.

(b)            The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section 11, either party may thereafter terminate these Terms upon fifteen (15) days' written notice.

11.           Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New Jersey.

12.           Waiver of Jury Trials and Binding Arbitration.

(a)           You and Gerresheimer Glass Inc. are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

(b)            Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through the Site will be resolved exclusively and finally by binding arbitration by a single arbitrator in Cumberland County, New Jersey. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules””)

(c)            The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid.

(d)            The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Unless the arbitrator awards legal fees, each party shall bear its only costs and expenses of the arbitration. 

(e)            If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

13.           Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14.           No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Gerresheimer Glass Inc.

15.           No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

16.           Notices.

(a)            To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b)            To Us. Except as specifically provided elsewhere herein, to give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to Gerresheimer Glass Inc., 537 Crystal Avenue Vineland, NJ 08360, Attention: Legal We may update address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

17.           Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18.           Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.