Terms of service

This English version is provided for information only. The legally binding version is the German „Allgemeine Geschäftsbedingungen“ (§ 2 (3)).

General Terms and Conditions (GTC)
of ECOPV-EU GmbH

Version: 30 October 2026

§ 1 Scope and customer group

(1) These General Terms and Conditions apply to all contracts between ECOPV-EU GmbH, Frankfurter Str. 70-72, 65760 Eschborn, Germany (hereinafter the “Provider”) and its customers concerning services in the field of extended producer responsibility (EPR), in particular under the German ElektroG, BattDG, VerpackDG and EWKFondsG and the corresponding regulations of other European countries. They also apply to all future contracts with the customer without the need for a further reference.

(2) The Provider’s offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. No contracts are concluded with consumers (§ 13 BGB). By placing an order, the customer confirms that it is ordering the services in the course of its commercial or independent professional activity. The Provider is entitled to request suitable evidence of this (such as an extract from the commercial register or a VAT identification number).

(3) Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract, even if the Provider does not expressly object to them or performs services in knowledge of such terms, unless the Provider expressly agrees to their validity in text form.

§ 2 Conclusion of contract and contract language

(1) The presentation of the services in the online shop does not constitute a legally binding offer but an invitation to place an order.

(2) By placing an order, the customer makes a binding offer. The contract is concluded upon the Provider’s order confirmation by e-mail or upon the start of performance. The automatic acknowledgement of receipt of an order does not yet constitute acceptance. The Provider is entitled to reject orders without giving reasons; in this case, any payments already made will be refunded in full.

(3) The contract language is German. Translations of these GTC are for information only; in the event of discrepancies, only the German version shall prevail.

§ 3 Scope of services

(1) The Provider provides services in the field of extended producer responsibility, in particular:

• Electrical and electronic equipment (ElektroG): WEEE registration with stiftung ear, acting as authorised representative, notifications, insolvency-proof guarantee via the Provider’s approved producer guarantee system and handling of collection orders
• Batteries (BattDG): registration with stiftung ear, acting as authorised representative, participation in an approved producer responsibility organisation (OfH) and notifications
• Packaging (VerpackDG and EU Packaging Regulation): acting as authorised representative through ECOPACK GmbH, support with registration in the LUCID packaging register, system participation, data reports, subsequent reporting and correction of quantities, and declaration of completeness by a registered auditor
• Single-use plastic products (EWKFondsG): acting as authorised representative and handling of the single-use plastics levy; registration under § 7 (1) and the annual report under § 11 (1) EWKFondsG are carried out by the producer itself in accordance with § 10 EWKFondsG
• Registrations, authorised representation and reports in other European countries
• Additional services such as the subsequent registration of brands or categories and the deregistration of registrations
• Changes to master data and invoices
• Consulting, training and support with EU compliance requirements

(2) The exact scope of services – in particular included and excluded services, quantity limits, included basic amounts for recycling or system fees and the service period – is conclusively set out in the respective service description in the online shop at the time of the order. Services not expressly mentioned there must be ordered and paid for separately.

(3) The Provider is entitled to have services performed in whole or in part by affiliated companies of the ECOPV Group (in particular ECOPACK GmbH for packaging and the group companies in the respective target countries) or by carefully selected partner companies. The Provider remains the customer’s contractual partner.

(4) Official fees (such as those of stiftung ear or the Central Agency Packaging Register), fees of dual systems and producer responsibility organisations, recycling and disposal costs and statutory levies are not included in the price unless the service description provides otherwise. If the customer’s actual quantities exceed a basic amount included in the price, the fees exceeding it will be charged separately.

(5) The Provider owes the proper preparation and submission of applications and reports and the support of the procedure, but not a specific result. The competent authorities and systems decide on the granting of registrations, their processing time and the content of official decisions. Stated processing times are non-binding empirical values and not guaranteed deadlines.

(6) The Provider does not provide legal advice. General information on the legal situation is given to the best of its knowledge on the basis of the regulations in force at the time of the order; it is the customer’s responsibility to check which obligations apply to it in the individual case.

§ 4 Service period, multi-year service packages, renewal

(1) Services with a service period are provided for the period stated in the service description. For service packages marked “2026 + 2027”, the service period covers the calendar years 2026 and 2027, irrespective of the date of the order; the price applies to the entire period. There is no pro-rata reduction or refund in the case of a later order or if the period is not used in full.

(2) There is no automatic renewal; continuation requires a new order at the prices then applicable. The Provider will endeavour to inform the customer in good time before expiry.

(3) If the service is not renewed in time, the Provider is entitled, upon expiry of the service period, to terminate its activity as authorised representative, to inform the competent authorities and systems accordingly, and to terminate guarantees, system participations and registrations insofar as they exist via the Provider. The customer bears the resulting consequences.

§ 5 Customer’s duty to cooperate, power of attorney, indemnification

(1) The customer shall provide the Provider with all information, documents and evidence required for the performance of the services completely, correctly and in good time, and shall notify any changes – for example to the company name, address, legal representatives, brands, product categories or quantities – without delay. The customer alone is responsible for the accuracy and completeness of the data and quantities reported; the Provider is not obliged to check the customer’s information for accuracy.

(2) Insofar as a service requires a power of attorney, the Provider will send the customer the necessary contract and power of attorney documents after the order. The power of attorney must be signed by hand by the customer; a scan is sufficient unless the law or the authority requires otherwise.

(3) Deadlines for submission only begin once the Provider has received the complete documents, the signed power of attorney and full payment. The Provider is not responsible for delays caused by missing, late or incorrect information from the customer. Additional work incurred by the Provider due to incomplete or incorrect information from the customer (for example correction reports) may be charged separately.

(4) The customer shall indemnify the Provider, its affiliated companies and vicarious agents against all claims, fines, fees and costs of third parties, in particular of authorities, systems and competitors, which are based on the customer having provided incorrect or incomplete information, having breached its duties to cooperate or having placed products on the market before completion of the required registration. This also includes reasonable costs of legal defence. The indemnification does not apply insofar as the customer is not responsible for the breach of duty.

§ 6 Prices, new registration prices, additional services and additional costs

(1) All prices are in euros (EUR), net plus statutory VAT.

(2) Prices marked as “Special price for new registrations” apply only to customers who commission the service concerned for the respective country and area via the Provider for the first time. The regular prices applicable at the time apply to renewals, takeovers of existing registrations and subsequent periods.

(3) Additional services such as the subsequent registration of a brand or category or the deregistration of a registration are charged separately per brand, per category or per registration. Where no prices for such additional services are stated in the online shop for a country, they will be offered and charged separately on request.

(4) If, after conclusion of the contract, official fees, fees of systems or producer responsibility organisations or statutory levies increase, or if the Provider incurs additional costs due to changes in the legal situation or administrative practice in the target country (for example due to a newly introduced obligation to appoint an authorised representative), the Provider is entitled to invoice the customer separately for these additional costs in the proven amount. The Provider will notify the customer of the additional costs and the reason for them in advance in text form.

(5) Comparison or strike-through prices stated in the online shop serve exclusively to inform about the Provider’s pricing and do not give rise to any claim to a specific price for future services.

§ 7 Payment, default, set-off and retention

(1) Payment is made in advance using the payment methods offered in the online shop (including bank transfer/prepayment, credit card, PayPal). The Provider only begins to perform the services after receipt of full payment. Separately charged services and additional costs under § 3 (4) and § 6 (4) are payable without deduction within 14 days of invoicing.

(2) For transfers from outside the SEPA area or in foreign currency, the customer bears all fees of its bank and intermediary banks; the invoice amount must be credited to the Provider’s account in full. The customer must pay any deductions incurred upon crediting. This also applies to the forwarding of official fees and service fees.

(3) If the customer is in default of payment, it owes default interest of nine percentage points above the respective base interest rate as well as a flat-rate default fee of EUR 40 (§ 288 (2) and (5) BGB). The right to claim further damages for default is reserved.

(4) As long as the customer is in default with a payment due, the Provider is entitled to withhold its services under all contracts with the customer. If the customer still fails to pay after expiry of a grace period of at least 14 days set by the Provider in text form, the Provider is entitled to terminate the contract, to terminate its activity as authorised representative, to inform the competent authorities and systems accordingly, and to deregister or terminate the relevant registrations, registration numbers, guarantees or certificates. The customer alone bears all resulting consequences; amounts already paid will not be refunded.

(5) The customer may only set off claims that are undisputed or have been finally established by a court. The customer may only exercise a right of retention insofar as it is based on the same contractual relationship.

§ 8 Cancellation, no right of withdrawal

(1) As contracts are concluded exclusively with entrepreneurs, there is no statutory right of withdrawal.

(2) The customer may cancel an order in text form as long as the Provider has not yet begun to perform the services. In this case, the Provider will refund the payment made less a processing fee of 15% of the net price, but at least EUR 50. The customer remains entitled to prove that the Provider incurred no or significantly less effort.

(3) The Provider has begun to perform the services in particular as soon as it has reviewed or prepared documents, sent contract or power of attorney documents, made a submission to an authority or system, or commissioned third parties. After performance has begun, a refund is excluded. Fees and levies already paid to authorities, systems or third parties will not be refunded under any circumstances.

(4) The right of both parties to terminate for good cause remains unaffected. Good cause for the Provider exists in particular if the customer remains in default of payment despite a grace period, repeatedly or materially provides incorrect information, fails to fulfil its duties to cooperate despite a request, or if insolvency proceedings are applied for in respect of its assets. § 7 (4) sentences 2 and 3 apply accordingly.

§ 9 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body or health, for intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee and under the German Product Liability Act.

(2) In the event of a slightly negligent breach of material contractual obligations – i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely – liability is limited to the foreseeable damage typical for the contract.

(3) Otherwise, liability for slight negligence is excluded.

(4) The Provider is not liable for disadvantages, fines, warning letters, sales restrictions or loss of turnover (such as the blocking of listings on online marketplaces) resulting from incomplete, late or incorrect information or documents from the customer, from decisions or processing times of authorities, systems and marketplaces, or from the customer having placed products on the market before completion of the required registration.

(5) Claims of the customer for damages – except in the cases of paragraph 1 – become time-barred one year after the statutory commencement of the limitation period.

(6) The above provisions also apply in favour of the Provider’s employees, vicarious agents and affiliated companies.

§ 10 Data protection and confidentiality

(1) Personal data are collected and processed in accordance with our privacy policy, available at https://shop.ecopv-eu.com/policies/privacy-policy.

(2) The customer agrees that the Provider may transmit the data required for the performance of the services to authorities, systems, producer responsibility organisations, affiliated companies and partner companies in the respective target countries.

§ 11 Amendment of these GTC

(1) Each order is governed by the version of these GTC published in the online shop at the time of the order.

(2) For ongoing contracts, the Provider may amend these GTC with effect for the future insofar as this is necessary due to changes in the legal situation, case law or administrative practice. The Provider will notify the customer of the amendments in text form at least six weeks before they take effect. If the customer does not object in text form within six weeks of receipt of the notification, the amendments are deemed approved; the Provider will expressly point out this consequence in the notification. In the event of an objection, both parties are entitled to terminate the affected contract as of the date on which the amendments take effect.

§ 12 Applicable law, place of jurisdiction

(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 for all disputes arising from or in connection with this contract is Frankfurt am Main, provided the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. However, the Provider is also entitled to sue the customer at the customer’s general place of jurisdiction.

§ 13 Final provisions

(1) In the event of contradictions, the following order of precedence applies: the individually concluded contracts (such as participation agreement or power of attorney agreement), the service description in the online shop at the time of the order, these GTC.

(2) Amendments and additions to the contract require text form. This also applies to the waiver of this text form requirement.

(3) The customer may only transfer rights and obligations under the contract to third parties with the prior consent of the Provider in text form.

(4) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(5) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.