General terms and conditions

Section 1 Scope

(1) These general terms and conditions apply to all contracts between R&R Vivendi GbR, Ochtruper Straße 34a, 48455 Bad Bentheim, represented by its partners Roman Rötting and Roman Breitenbach (hereinafter „the provider“), and its customers concerning services as an authorised representative under section 35 (2) VerpackG and Article 45 of Regulation (EU) 2025/40 (PPWR), as well as the related reporting and support services.

(2) The offer is directed exclusively at entrepreneurs within the meaning of section 14 of the German Civil Code. Contracts with consumers are excluded.

(3) Deviating terms of the customer do not become part of the contract, even if the provider does not expressly object to them.

Section 2 Scope of services

(1) The provider takes on the function of authorised representative for extended producer responsibility in the field of packaging in the Federal Republic of Germany. The scope of the mandate follows from the separately granted written power of attorney; under section 35 (2) VerpackG it covers all obligations of the customer under German packaging law with the exception of the registration under section 9 VerpackG.

(2) The services include in particular: support and guidance for the customer during their registration in the LUCID packaging register (the registration itself is the customer’s own duty under section 9 VerpackG), conclusion of the system participation contract in the provider’s own name for the customer’s packaging volumes, transmission of the packaging volumes reported by the customer to the system and to the packaging register, receipt of official communications, and storage of the records supplied by the customer.

(3) Not owed are: any check of the substantive accuracy of the data supplied by the customer, legal or tax advice, and services for other product areas or other countries unless agreed separately.

(4) The participation fees of the system for the customer’s packaging volumes are borne economically by the customer. They are billed transparently by the provider and are payable by the customer in advance. Reports to the system and to the register are only made after payment has been received in full.

Section 3 Conclusion of contract and start of services

(1) The presentation of the services on the website is not a binding offer. The contract comes into effect with the provider’s order confirmation in text form.

(2) The provider starts work as soon as the following are fully in place: the signed power of attorney, all data and documents required for providing the service, and payment received in full.

Section 4 Fee and payment

(1) The provider’s fee is 170 € per contract year. It is due on conclusion of the contract and is paid in advance. All prices are exclusive of value added tax where applicable; for customers with a valid EU VAT number the reverse charge procedure applies.

(2) The participation fees of the system (section 2 (4)) are not part of the fee under paragraph 1. They depend on the customer’s actual packaging volumes and are settled annually; higher or lower volumes are balanced with the following annual invoice.

(3) If the customer is in default of payment, the statutory consequences of default apply (section 288 of the German Civil Code).

(4) If the customer does not register in the LUCID packaging register (section 5 (4)), the provider cannot arrange the system participation, because it requires the customer’s registration number. In that case the provider refunds the participation fees received insofar as they have not yet been passed on to the system. The fee under paragraph 1 remains payable, because the provider has rendered its services (preparation of the power of attorney, communication of the representative ID, the personalised guide and the reserved capacity).

Section 5 Duties of the customer to cooperate

(1) The customer provides the provider with all data, information and documents required for exercising the mandate, completely, correctly and in good time, in particular the packaging volumes per material type within the deadlines communicated by the provider.

(2) The customer alone is responsible for the content, completeness and accuracy of the data supplied. The provider transmits the data to the system and to the competent bodies without checking its content.

(3) The customer notifies the provider without delay of any change to their master data (company name, address, representation, brands, VAT number).

(4) The customer carries out the registration in the LUCID packaging register under section 9 VerpackG themselves and names the provider as their authorised representative in doing so. This registration is strictly personal and cannot be taken over by the provider. The customer communicates the registration number assigned to them to the provider without delay.

(5) The provider requests the annual volumes at the beginning of each calendar year and reminds the customer at least twice afterwards. If the customer does not supply the data, the provider sets a final deadline of 20 April, at the latest by 1 April, and points out the consequences. If that deadline also passes, the provider is entitled to terminate the contract for cause and to lay down the mandate under section 7 (3). The provider is not obliged to file reports without data from the customer or to estimate volumes.

(6) If the customer breaches their duties to cooperate, the provider is not responsible for the consequences; section 9 remains unaffected.

Section 6 Indemnification

(1) The customer indemnifies the provider, its partners and its staff against all third-party claims as well as fines, charges and costs arising from the customer breaching their statutory or contractual obligations, in particular through incorrect, incomplete or late data.

(2) The indemnification covers the cost of a reasonable legal defence. Further statutory claims of the provider remain unaffected.

Section 7 Term, termination, laying down the mandate

(1) The contract runs for 12 months. It is extended by a further 12 months at a time unless it is terminated in text form with 30 days’ notice to the end of the respective term.

(2) The right to terminate for cause remains unaffected. Cause exists for the provider in particular if the customer fails to pay the fee or the participation fees due despite a reminder and a final deadline, fails to supply required data despite request, or supplies data that is evidently incorrect.

(3) On termination of the contract the provider is entitled and obliged to lay down the mandate towards the competent bodies and to have the register entries relating to the customer ended or adjusted accordingly. Attention is drawn to the legal consequences of having no authorised representative, among them a ban on selling in Germany.

(4) The provider lays down the mandate in good time before statutory reporting deadlines expire if the customer’s data required for the report is not available despite the final deadline under section 5 (5). No refund of the fee is made in that case; participation fees already received but not yet passed on are refunded.

Section 8 Performance and deadlines

(1) The provider renders its services within 10 working days after all conditions under section 3 (2) are met. Deadlines for volume reports require the customer to supply the data in good time under section 5.

(2) Force majeure and disruptions at register bodies, authorities or systems for which the provider is not responsible extend the deadlines appropriately.

Section 9 Liability

(1) The provider is liable without limitation for intent and gross negligence as well as for injury to life, body or health.

(2) In cases of simple negligence the provider is liable only for breaches of essential contractual duties (duties whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely), limited to the foreseeable damage typical for this type of contract.

(3) Liability is otherwise excluded. Liability under mandatory statutory provisions remains unaffected.

Section 10 Data protection and confidentiality

(1) The provider processes the customer’s personal data exclusively for performing the contract and in accordance with the privacy policy.

(2) Both parties treat non-public information of the other party as confidential unless there is a statutory duty of disclosure.

Section 11 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction is the seat of the provider, as far as legally permitted.

(3) Where these terms are provided in several languages, the German version prevails.

(4) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

Version of 31.07.2026