Terms

These terms cover the use of this website and how the service is ordered. The appointment itself is governed by the separate German-language contract you sign.

Businesses only. This service is offered exclusively to businesses, not to consumers. By ordering you confirm that you are acting in the course of a trade, business or profession. Consumer withdrawal rights therefore do not apply.

1. Who you are contracting with

Fuchswild Design, sole proprietor Jennifer Rogalski-Koschel, Germany. Full details in the Impressum.

2. What the service is

We act as your authorised representative in Germany under the PPWR and the German packaging act. In that role we take on your packaging obligations from the date the appointment takes effect: concluding the contract with a recycling system, reporting your packaging quantities to that system and to the packaging register, filing corrections, meeting the statutory deadlines and dealing with the register authority on those matters.

3. What the service is not

We cannot register you in LUCID. German law makes registration a personal duty of the producer. You do it yourself, and so are any later changes to your register entry. We provide a step-by-step guide.
We do not give legal advice. Everything on this site and in our correspondence is general information about how the rules work.
We do not advise on other countries. Selling into other EU member states may require a representative there too.
We do not handle your goods. We are not a fulfilment service.

4. The calculator

The cost calculator produces an estimate from figures you enter and from published price ranges. It is not an offer and not a quotation. Your actual recycling charge is set by the recycling system operator once your quantities are confirmed.

5. Ordering and conclusion of contract

Presenting the service on this website is not a binding offer. You make an offer by submitting the order form; the contract comes into effect when we counter-sign the appointment contract. We review every application before signing and may decline one without giving reasons — in particular where the eligibility conditions are not met, where a representative has already been appointed, or where obligations from periods before the appointment appear to be unresolved.

6. Prices and payment

Our fee depends on the number of parcels you send to Germany and is stated on the site. The recycling charge applicable to your mandate is set out to you before each invoice, so you always know the amount in advance. Both are due before we conclude the recycling contract and before the first report; we are not obliged to pay in advance on your behalf. Where actual quantities exceed the forecast, the difference is charged; where they fall short, it is refunded to the extent the recycling operator refunds it.

VAT

All prices are net amounts. Where you are a business established outside Germany, the place of supply is where your business is established, and the reverse charge procedure applies: we invoice without German VAT and you account for any VAT due in your own country under your local rules. To apply this we need your VAT identification number, or an equivalent proof that you are in business, before we invoice.

Where you are a business established in Germany, German VAT at the applicable rate is added.

The recycling charge is shown as a separate line on your invoice and communicated before it is charged. Any VAT the recycling system operator charges on it is shown separately.

7. Your obligations

You give us complete and accurate information, including every brand name you sell under, and you supply the quantity figures by the dates set out in the appointment contract. Where figures are missing despite reminders, the appointment contract allows us to file a substitute figure so that you remain compliant; any additional cost arising from that falls to you.

8. Term and termination

Set out in the appointment contract. In outline: it runs indefinitely and renews annually, either side may terminate with notice to the end of a contract year, and a termination only takes effect once you have declared your final quantity so that the period we were responsible for can be closed and reported.

Without an effective appointment you may not send packaged goods to consumers in Germany.

9. Liability

We are liable without limit for intent and gross negligence and for injury to life, body or health. For ordinary negligence we are liable only where a material contractual obligation is breached, and then limited to foreseeable damage typical of this kind of contract. We are not liable for the consequences of incorrect information you give us or of figures supplied late.

10. Website content

We take care over the content of this site but cannot guarantee it is accurate, complete or current. The rules described here change; where something matters to your decision, check it against the official sources or ask a lawyer.

11. Governing law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Berlin, so far as permitted.

12. Language

These terms are provided in English for your convenience. The appointment contract itself is concluded in German, and the German version is the legally binding one; any English version of it is a reading aid without legal effect.

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