These terms govern the services of EPRGermanyRep GbR, a German civil-law partnership represented by its partners Dragos Razvan Toma and Alina Andrea Toma ("we", "us"). They apply between us and the company that orders our services ("you", "the client"). Our services are offered only to businesses, not to consumers. By ticking the box at checkout you accept these terms on behalf of your company and confirm that you are authorised to do so.
We act as your authorised representative (Bevollmächtigter) for extended producer responsibility for packaging in Germany under the German Packaging Act (VerpackDG) and the EU Packaging and Packaging Waste Regulation, as agreed in the written mandate in German that you sign with us. The details of what we do for you are set out in that mandate; if it and these terms differ, the mandate prevails. Registration in the LUCID Packaging Register remains your own duty by law and cannot be delegated. We do not give legal advice.
Our representation fee is the amount shown at checkout for your plan, for the calendar year in which you order. Your service then renews automatically every 1 January for the next calendar year, at the then current fee, and is charged to the payment card you used at checkout. You can cancel the renewal at any time before 1 January by email to hello@eprgermanyrep.com; the year already paid is not refunded.
We currently apply the small-business rule under § 19 of the German VAT Act (UStG) and charge no German VAT. If that changes, VAT is added where the law requires it.
Our representation fee does not include the fees charged by third parties for your packaging, in particular:
We pass these charges on to you at the amount charged to us, with no markup.
Services beyond the representation included in your plan are charged separately. These include in particular preparing and filing reports and declarations for earlier years (backlog filing), for which we charge the price shown in the client portal for each additional year, and any other service we quote to you in writing.
When you pay at checkout, your card is stored by our payment provider, Stripe. You authorise us to charge that card, or any card you later add, for:
Charges other than the annual renewal are made only from your client portal (portal.eprgermanyrep.com) or a payment link we send you. Before any such charge, the portal shows you the amount and what it is for, and the charge is made only after you confirm it there. Every charge is followed by an invoice by email and is listed in your client portal. If your bank asks for additional authentication, you complete it on Stripe's payment page.
If a charge fails, the amount remains due and we may send you a payment link or an invoice instead. Payment of third-party charges is a condition for our being able to fulfil the corresponding obligation on your behalf; we are not obliged to advance third-party charges for you.
You give us complete and correct information, in particular your packaging volumes by material, and update it without delay when it changes, including for earlier years. The fees we pass on and the reports we file are based on your information. You remain responsible for registering in LUCID and for naming us there as your representative.
We are liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence we are liable only for breach of an essential contractual obligation, and then limited to the damage typical and foreseeable for this kind of contract, at most the representation fee you paid for the calendar year concerned. We are not liable for consequences of incorrect or incomplete information you give us, for fines or charges relating to periods before our appointment where they result from your own omissions, or for the acts of third parties such as dual systems or authorities.
The service runs for the calendar year paid and renews as set out in section 3. Either side may terminate with effect from the end of a calendar year by email. Either side may terminate without notice for good cause, in particular if fees or third-party charges remain unpaid after a reminder. When the service ends we remove our appointment as your representative in LUCID.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Köln, Germany. If a provision of these terms is invalid, the rest remain valid. We may change these terms for future periods; we will tell you by email at least one month before a change takes effect, and you may terminate before then.