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T&C

Here you find the General Terms and Conditions of PACKSYS GmbH:

General Purchasing Conditions

I. General Provisions, Scope of Application

  1. The purchasing conditions of PACKSYS apply exclusively; conflicting or deviating terms and conditions of the seller/supplier (hereinafter: Supplier) shall not be recognized by PACKSYS, unless PACKSYS has expressly agreed to their validity in writing.
  2. The purchasing conditions of PACKSYS shall also apply if PACKSYS accepts the delivery unconditionally despite being aware of conflicting conditions of the Supplier.
  3. With the first delivery under these purchasing conditions, the Supplier acknowledges their exclusive validity also for all further orders.
  4. The purchasing conditions of PACKSYS apply only to companies within the meaning of § 310 (1) BGB (German Civil Code).
  5. The purchasing conditions of PACKSYS shall also apply to all future business with the Supplier.

II. Conclusion of Contract

  1. Orders from PACKSYS shall only be binding if submitted to the Supplier in text form. The Supplier is obliged to confirm the order in text form within five working days.
  2. PACKSYS reserves ownership and copyright to illustrations, samples, calculations, and other documents. These must not be made accessible to third parties. They may be used exclusively for the specific order and must be returned to PACKSYS without request after completion of the order.

III. Changes to the Scope of Supply

  1. If it becomes apparent during the execution of the contract that deviations from the originally agreed quality are necessary, the Supplier shall immediately notify PACKSYS and obtain written consent for the necessary changes. The same applies if the Supplier intends to use tools, materials, or processes other than those approved by PACKSYS.
  2. PACKSYS reserves the right to make changes to the performance even after the conclusion of the contract, insofar as this is reasonable for the Supplier.

IV. Confidentiality, Data Protection

  1. The Supplier is obliged to keep all non-public commercial and/or technical information, which has become known or will become known to him through the business relationship with PACKSYS, confidential and not to disclose it to third parties.
  2. The Supplier is not entitled, without the consent of PACKSYS, to use information about intended or existing contractual cooperation for reference or marketing purposes.
  3. The Supplier shall be liable to PACKSYS for any damage resulting from the unauthorized disclosure of information to third parties.
  4. The obligation to maintain secrecy shall continue after termination of the contract.
  5. Insofar as the Supplier processes personal data for or on behalf of PACKSYS, a data processing agreement (DPA) pursuant to Art. 28 GDPR must be concluded before the start of performance. The Supplier must provide evidence of the necessary technical and organizational measures (TOMs) and may only use sub-processors with the prior written consent of PACKSYS.

V. Prices, Payment Conditions, Late Payment, Offsetting and Retention

  1. The prices and payment terms stated in the order are binding. They include packaging and delivery to the receiving location specified by PACKSYS, as well as customs duties, import taxes, and insurance up to the delivery location against transport damage.
  2. The return of packaging requires a special agreement.
  3. Invoices must comply with legal requirements and the specifications of PACKSYS in the order. The Supplier is responsible for all consequences arising from non-compliance, insofar as he is liable for them.
  4. Unless otherwise agreed, invoices shall be settled by PACKSYS either within 14 days with a 2% discount or within 30 days without deduction.
  5. PACKSYS is entitled to set-off and retention rights to the extent permitted by law.

VI. Delivery Time, Delay in Delivery and Contractual Penalty

  1. The delivery time specified in the order is binding and refers to arrival at the destination specified by PACKSYS.
  2. Delivery may only take place during the delivery times stated in the order. Outside these times, receipt of goods may be refused.
  3. Imminent delivery delays must be reported to PACKSYS immediately in writing.
  4. The measurements, weights, and quantities determined during goods receipt inspection are binding.
  5. Partial deliveries require the prior written consent of PACKSYS. Acceptance of partial deliveries does not constitute early maturity of payment obligations.
  6. If the Supplier is in default with an agreed delivery period, PACKSYS may, after expiry of a reasonable grace period, demand a contractual penalty of 0.3% of the net order value of the individual order for each calendar day of delay, but not exceeding 5% of the net order value of the individual order. The contractual penalty shall be offset against damages caused by delay. No contractual penalty shall apply if the Supplier proves that he is not at fault or that PACKSYS has not suffered any damage.
  7. PACKSYS is entitled to assert a contractual penalty in addition to performance. Statutory claims in the event of delivery default remain unaffected.

VII. Standards for Goods Delivery and Logistics

The Supplier is obliged to comply with the following minimum requirements when delivering goods:

  1. General Requirements
  • Delivery exclusively of undamaged, clean, and dry goods and load carriers.
  • Batch-pure deliveries; per article, a maximum of two batches may be delivered.
  • Mixed pallets (several articles or two batches) must be clearly and traceably labeled.
  1. Pallet Requirements
  • Delivery in principle on Euro pallets; exceptions (e.g. industrial pallets) only by prior arrangement.
  • Maximum pallet height: 1.80 m.
  • No lateral overhang.
  • Pallets must be clean, dry, undamaged, exchangeable, and at least in as-new condition.
  1. Packaging Requirements
  • Cartons: clean, undamaged, tear-resistant, closed (no openings), and at least in as-new condition.
  • Inner packaging: goods must not lie loose in the carton. Inner bags, films, or comparable inner packaging must always be used.
  1. Labeling
    Each load carrier (pallet, carton, etc.) must be labeled with the following information:
  • Supplier’s article number
  • PACKSYS article number
  • Article description
  • Quantity
  • Batch (if two batches, quantities separated)
  • Supplier
  1. Accompanying Documents
  • Delivery note (to be enclosed with delivery) including:
    • PACKSYS GmbH (customer)
    • PACKSYS order number
    • Supplier’s and PACKSYS article number
    • Article description
    • Quantity
    • Batch (if two batches, quantities separated)
    • Supplier
    • Date

     

  • Inspection certificate (to be sent by e-mail to office@packsys.de) with the same information; additionally, it must be signed..

  1. Goods Acceptance
  • Goods acceptance times: Monday–Thursday from 07:30 to 16:00.
  • No goods acceptance on Fridays.
  • Deliveries outside these times only by prior arrangement.

VIII. Transfer of Risk

Unless otherwise agreed in writing, delivery shall be made to the destination specified by PACKSYS. The Supplier bears the risk of loss and deterioration until handover of the goods at the destination specified by PACKSYS. 

IX. Claims for Defects, Inspection, Limitation

  1. The Supplier warrants that the delivery, including packaging, complies with the contractually agreed characteristics, the latest state of the art, and the applicable national and international regulations and guidelines.
  2. The Supplier is also liable for compliance with the statutory requirements in the country of destination. Liability for compliance with statutory requirements in the country of destination only applies if the Supplier knows to which country his delivery is going.
  3. In the event of a defect, PACKSYS shall be entitled to the full statutory rights and claims. Liability of the Supplier cannot be limited in amount.
  4. In any case, PACKSYS shall be entitled, at its discretion, to demand remedy of the defect or delivery of a new item.
  5. The right to damages, in particular damages in lieu of performance, as well as rescission, is expressly reserved.
  6. Within two working days of notification of the defect, the Supplier shall inform PACKSYS in writing which remedial measures will be initiated and when.
  7. If the Supplier is in default with fulfilling his warranty obligations, PACKSYS is entitled, at the Supplier’s expense, to remedy the defects itself, to have them remedied by a third party, or to procure a replacement.
  8. PACKSYS shall inspect the delivery within a reasonable period for possible defects and, if necessary, notify the Supplier. Notification is timely if it reaches the Supplier within 10 working days from receipt at the destination or, in the case of hidden defects, from discovery. For defects discovered only by laboratory testing, the period begins when PACKSYS receives the test results.
  9. Payment of the invoice does not constitute a waiver of a notice of defects regarding the invoiced goods.
  10. The limitation period for claims for defects is 48 months and begins upon transfer of risk, for contracts for work and services upon final acceptance.
  11. Shortening of the limitation period is excluded.

X. Declarations, Certificates, Pre-Certificates and Packaging Regulation

  1. The Supplier warrants that the delivery complies with the labeling requirements in force in the country of destination as well as all relevant legal provisions.
  2. The Supplier is obliged to provide the necessary pre-certificates, additional certificates, and other legally required evidence for export to the country of destination.
  3. The Supplier undertakes to comply with all legal provisions of the German Packaging Act (VerpackG) as well as relevant EU regulations. In particular, he must ensure that all packaging placed on the market for the first time is subject to system participation and duly registered. At the request of PACKSYS, the Supplier must provide the corresponding evidence.
  4. The Supplier is also obliged to obtain the necessary confirmations, information, and labels from his own suppliers and to provide them to PACKSYS upon request without delay.

XI. Product Liability, Insurance

  1. Insofar as the Supplier is responsible for product damage, he shall indemnify PACKSYS upon first request against all claims for damages by third parties, insofar as the cause lies within his sphere of control and organization.
  2. The Supplier assures that he maintains adequate product liability insurance with a coverage of at least EUR 5 million per personal injury and property damage. Within the scope of his liability under Section 1, the Supplier shall also bear all costs incurred by PACKSYS from a necessary recall action (including testing, transport, replacement, and disposal costs). Before carrying out a recall, PACKSYS shall give the Supplier the opportunity to comment, insofar as this is possible and reasonable.
  3. The Supplier hereby assigns his claims against the product liability insurance to PACKSYS, up to the amount of PACKSYS’s own expenses due to product damage, in particular recall costs or payments to third parties. PACKSYS hereby expressly accepts the assignment.
  4. Further claims for damages to which PACKSYS is entitled remain unaffected.

XII. Third-Party Intellectual Property Rights

  1. The Supplier warrants that in connection with his delivery no third-party rights are infringed in Germany and in the country of destination. Liability for intellectual property rights in the country of destination applies only if the Supplier knows to which country his delivery is going.
  2. If PACKSYS is held liable by a third party for infringement of intellectual property rights, the Supplier shall indemnify PACKSYS upon first written request from all claims arising from such infringements and shall otherwise hold PACKSYS harmless.
  3. PACKSYS is also entitled, at the Supplier’s expense, to obtain permission from the rightful owner to use the relevant delivered items and services, unless this would involve unreasonable costs for the Supplier.
  4. The limitation period for these claims is 48 months, starting from the transfer of risk.

XIII. Article-Specific Requirements

  1. Manufacturing, assembly, and storage of articles must be carried out under clean and hygienic conditions.
  2. The Supplier assures the quality of the articles in accordance with the agreed specifications.
  3. Any change/modification of an article, the article specification, or the production process must be communicated to PACKSYS in writing as early as possible and must be approved by PACKSYS in advance.

XIV. Retention of Title, Assignment of Claims

  1. PACKSYS objects to any retention of title provisions of the Supplier that go beyond simple retention of title.
  2. Insofar as PACKSYS provides parts to the Supplier, PACKSYS retains ownership of them. Processing and transformation by the Supplier shall be carried out for PACKSYS. If the reserved goods of PACKSYS are processed or inseparably mixed with other items not belonging to PACKSYS, PACKSYS acquires co-ownership of the new item in proportion to the value of the item from PACKSYS (purchase price plus VAT) to the other processed or mixed items at the time of processing or mixing.
  3. Even if the goods are delivered under retention of title, PACKSYS is entitled to resell and process them without disclosing the retention of title.
  4. § 449 (2) BGB is non-waivable.
  5. Assignment of claims of the Supplier against PACKSYS to third parties is excluded.

XV. Compliance

  1. The Supplier undertakes to comply with all applicable legal provisions as well as human rights and environmental due diligence obligations in accordance with the German Supply Chain Due Diligence Act (LkSG).
  2. The Supplier shall ensure that his own suppliers and subcontractors also comply with the statutory minimum requirements in accordance with the LkSG.

XVI. Place of Performance, Jurisdiction, Applicable Law

  1. Unless otherwise agreed, the place of performance for payment is the registered office of PACKSYS and for delivery the destination specified by PACKSYS.
  2. If the Supplier is a merchant, a legal entity under public law, or a special fund under public law, the registered office of PACKSYS shall be the place of jurisdiction for all legal disputes.
  3. However, PACKSYS shall also be entitled to bring an action against the Supplier at his place of residence.
  4. The law of the Federal Republic of Germany shall apply exclusively.
  5. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

 

As of September 2025

General Sales Conditions

I. General Provisions and Scope

  1. These General Terms and Conditions of Sale shall apply exclusively. Any conflicting or deviating terms and conditions of the Customer shall only apply if and to the extent that PACKSYS has expressly agreed to them in writing.
  2. PACKSYS’s General Terms and Conditions of Sale shall also apply if PACKSYS carries out the delivery without reservation whilst being aware of conflicting or deviating terms and conditions of the customer.
  3. These General Terms and Conditions of Sale apply only to businesses within the meaning of Section 310(1) of the German Civil Code (BGB).
  4. Legally relevant declarations and notifications by the customer (e.g. setting of deadlines, reminders, notices of termination, withdrawal) must be in writing (Section 126b BGB), unless otherwise specified in these General Terms and Conditions of Sale.
  5. These General Terms and Conditions of Sale shall also apply to all future transactions with the customer, in the version valid at the time of the respective order, without PACKSYS being required to refer to them again in each individual case.

II. Offers, Formation of Contract, Acceptance

  1. All offers made by PACKSYS are non-binding and subject to change. A contract shall only be concluded upon PACKSYS issuing a written order confirmation. Such confirmation shall be decisive for the scope of delivery.
  2. Specifications, drawings, illustrations and performance descriptions contained in catalogues or offer documents shall be deemed approximate and customary in the trade unless expressly designated as binding.
  3. Orders and call-offs shall only become binding upon confirmation by PACKSYS or upon execution by delivery.
  4. The Customer shall be obliged to accept agreed deliveries. In the event of failure to accept delivery at the agreed time, PACKSYS shall be entitled to liquidated damages amounting to 10% of the net sales price, unless the Customer proves that no damage or a lower level of damage has been incurred. PACKSYS reserves the right to prove higher damages. The Customer’s obligation to accept shall remain unaffected.

III. Intellectual Property and Confidentiality

  1. PACKSYS reserves all rights, including ownership rights, copyright and other intellectual property rights, in all offers, quotations, development work, design documents, drawings, calculations, software, know-how and any other materials, data or items provided to the Customer.
  2. The Customer shall not, without prior written consent of PACKSYS, disclose, reproduce, use or make available such materials to any third party, nor use them for the development of its own products or services. Disclosure to third-party service providers shall only be permitted subject to prior written consent and equivalent confidentiality obligations. This shall not apply where disclosure is required by law or by order of a competent authority.
  3. Upon request by PACKSYS, and at the latest upon termination of the contractual relationship, the Customer shall return or securely destroy all such materials, including copies, within seven (7) calendar days. Destruction shall be confirmed in writing upon request. Statutory retention obligations shall remain unaffected.
  4. The Customer undertakes to treat all confidential information obtained in connection with the contract as strictly confidential and to use it solely for the performance of the contract.
  5. “Confidential Information” shall mean all information disclosed to or otherwise obtained by the Customer in connection with the contract which is either designated as confidential or is, by its nature, to be regarded as confidential.
  6. The Customer shall ensure that all persons engaged in the performance of the contract are bound by equivalent confidentiality obligations.
  7. Information which is publicly known or becomes publicly known without breach of a confidentiality obligation shall not be deemed confidential.
  8. The Customer shall comply with all applicable data protection laws, in particular the GDPR, when processing personal data.
  9. The obligation of confidentiality shall not apply where disclosure is required by law or by a binding order of a court or authority; to the extent legally permissible, PACKSYS shall be informed without undue delay.
  10. The confidentiality obligations shall survive termination of the contract.

IV. Quantities

  1. Unless otherwise agreed in the order confirmation, deliveries shall be made only in standard packaging units.
  2. For production-related reasons, PACKSYS shall be entitled to deliver quantities deviating by up to ±10% of the agreed order quantity per delivery. The total price shall be adjusted accordingly. Such deviations shall not constitute a defect.

V. Prices and Payment Terms

  1. Unless otherwise agreed, all prices are stated “ex works” (EXW), excluding freight, postage and transport insurance. VAT shall be charged in addition at the applicable rate.
  2. Payment shall be made in full, without deduction, within eight (8) days from the invoice date. In the event of late payment, PACKSYS shall be entitled to charge default interest at a rate of nine (9) percentage points above the applicable base rate per annum. The right to claim further damages is reserved.
  3. The Customer agrees to the issuance and transmission of invoices in electronic form (e.g. by email).
  4. PACKSYS reserves the right to make deliveries dependent upon the receipt of reasonable advance payment.
  5. The Customer shall only be entitled to set off claims if such claims are undisputed, acknowledged by PACKSYS or finally determined by a court of law. Rights of retention may only be exercised in respect of claims arising from the same contractual relationship.
  6. The assignment of claims against PACKSYS by the Customer shall be excluded.
  7. PACKSYS reserves the right to adjust agreed prices in the event of significant and demonstrable increases in costs (e.g. raw materials, energy, transport, duties, supplier costs) beyond its control, provided that more than three (3) months elapse between conclusion of the contract and the agreed delivery date.

VI. Delivery

  1. Delivery dates or deadlines shall only be binding if expressly confirmed in writing by PACKSYS.
  2. Compliance with delivery obligations is subject to the timely and proper fulfilment of all obligations of the Customer.
  3. Delivery shall be deemed effected if the goods have left the factory or notice of readiness for dispatch has been given before expiry of the delivery period. Delivery periods shall be extended appropriately in cases of force majeure or other unforeseeable circumstances beyond PACKSYS’s control (including but not limited to strikes, lockouts, shortages of raw materials, pandemics, natural disasters, governmental measures or cyber-attacks). This shall also apply where such circumstances affect suppliers.
  4. Partial deliveries shall be permitted and may be invoiced separately.
  5. If the Customer is in default of acceptance or breaches its cooperation obligations, PACKSYS shall be entitled to claim damages, including a lump sum of 10% of the value of the goods, unless the Customer proves lower damage.
  6. The Customer may only withdraw from the contract for delay if such delay is due to intent or gross negligence and after granting a reasonable grace period of at least two (2) weeks. A fixed-date transaction shall only exist if it has been expressly agreed as such.
  7. Any further liability for delay shall be governed by statutory provisions only in cases of intent, gross negligence or injury to life, body or health.

VII. Passing of Risk, Shipping and Packaging

  1. Unless otherwise agreed, delivery shall be “ex works” (EXW). Risk shall pass to the Customer upon handover to the carrier or other third party entrusted with shipment.
  2. Reusable packaging (e.g. pallets) must be returned or compensated. Disposable packaging shall be disposed of by the Customer at its own expense in accordance with applicable German packaging legislation (VerpackG).

VIII. Defects (Warranty)

  1. The Customer’s rights in respect of defects are subject to proper inspection and notification in accordance with Section 377 HGB.
  2. Obvious defects must be notified in writing without undue delay and no later than ten (10) working days after delivery; hidden defects must be notified immediately upon discovery.
  3. Where there is a defect in the goods for which PACKSYS is responsible, PACKSYS shall be obliged to provide subsequent performance in the form of rectification of the defect or by delivery of new goods free from defects. PACKSYS shall be entitled to make up to two attempts at subsequent performance. The choice of subsequent performance (rectification or replacement) shall lie with PACKSYS. PACKSYS shall bear the necessary costs of remedy, unless increased due to relocation of the goods.
  4. In the event of rectification of the defect, PACKSYS shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, provided that these are not increased by the fact that the purchased item has been taken to a location other than the place of performance.
  5. If the subsequent performance fails, the customer is entitled, at their discretion, to demand withdrawal from the contract or a reduction in price, provided the statutory requirements are met.
  6. Complaints regarding defects do not entitle the customer to withhold payment of the invoice amounts due.
  7. PACKSYS shall only be liable for damage to the contents or for the loss of contents insofar as this is attributable to a defect in the delivered packaging for which PACKSYS is responsible.
  8. Damage caused by improper handling by the customer is excluded from the warranty. In particular, PACKSYS shall not be liable for changes in the condition of the products resulting from improper storage or unsuitable operating materials, or from climatic or other influences.
  9. PACKSYS provides technical advice to the best of its knowledge based on experience and research and development work, but this is non-binding and does not constitute a guarantee or an agreement as to quality. All information and details regarding the suitability and application of the goods do not relieve the customer of the obligation to carry out their own tests and trials. The customer is solely responsible for compliance with statutory and regulatory requirements when using the goods.
  10. Liability for further claims, in particular claims for damages on whatever legal grounds, is governed by Clause IX. Mandatory statutory liability provisions, in particular under the Product Liability Act and in the event of injury to life, limb or health, remain unaffected. Liability on the part of PACKSYS exceeding the liability limits set out in Clause IX is excluded.

IX. Liability

  1. PACKSYS shall be liable without limitation in cases of wilful misconduct and gross negligence, including wilful misconduct or gross negligence on the part of its legal representatives or vicarious agents.
  2. In the event of a culpable breach of essential contractual obligations (cardinal obligations), PACKSYS shall also be liable in cases of simple negligence. Essential contractual obligations are those obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely. In this case, PACKSYS’s liability is limited to the foreseeable damage typical for this type of contract.
  3. In the event of liability for simple negligence, even where this involves a breach of essential contractual obligations, PACKSYS’s liability under contract and in tort for property damage and financial loss is limited to the final invoice amount of the order, including VAT, and to a maximum of €100,000.
  4. The exclusion or limitation of liability, or of the liability of PACKSYS’s agents or vicarious agents, shall not apply to liability arising from culpable injury to life, limb or health. PACKSYS shall also be liable without limitation in the event of the absence of expressly warranted characteristics, if the warranty was specifically intended to protect the customer against damage not arising to the subject matter of the service itself, and if the damage is based on a circumstance for which PACKSYS has provided a guarantee. Furthermore, PACKSYS shall be liable without limitation in the event of fraudulent concealment of a defect. There shall also be no limitation on liability arising from hazardous circumstances, in particular under the Product Liability Act. Any liability under the principles of the contractor’s right of recourse pursuant to Sections 478 et seq. of the German Civil Code (BGB) shall remain unaffected.
  5. Unless otherwise provided for above, liability – regardless of the legal basis – is otherwise excluded. This applies in particular to claims for damages arising from fault at the time of conclusion of the contract, from other breaches of duty, or from tortious claims for compensation for property damage pursuant to Sections 823 et seq. of the German Civil Code (BGB).
  6. Insofar as PACKSYS’s liability for damages is excluded or limited, this shall apply to the same extent in favour of its organs, legal representatives, employees or other vicarious agents.
  7. None of the foregoing clauses is intended to alter the statutory or judicial allocation of the burden of proof.

X. Limitation Period

  1. The customer’s claims for defects shall become time-barred 12 months after the transfer of risk. In all other respects, the customer’s claims for damages shall become time-barred 12 months after the statutory limitation period begins.
  2. The shortened limitation period shall not apply in cases of intent, fraudulent concealment of a defect, or where PACKSYS has provided a guarantee as to the quality of the service or the delivered goods.
  3. Furthermore, the shortened limitation period shall not apply to claims arising from injury to life, limb, health or liberty, to claims for damages under the Product Liability Act, to gross negligence, or in cases where longer limitation periods are prescribed under Sections 478 and 445b of the German Civil Code (BGB).
  4. The above provisions do not result in any change in the burden of proof to the detriment of the customer.

XI. Retention of Title

  1. PACKSYS retains title to the goods until all payments arising from the business relationship with the customer have been received. The customer is authorised to dispose of the goods in the ordinary course of business.
  2. The retention of title shall also extend to the products created by processing, mixing or combining the purchased goods, to their full value, whereby PACKSYS shall be deemed the manufacturer within the meaning of Section 950 of the German Civil Code (BGB). If, in the event of processing, mixing or combining with goods belonging to third parties, the third parties’ right of ownership remains in force, PACKSYS shall acquire co-ownership in proportion to the invoice values of these processed goods at the time of processing, mixing or combining.
  3. In the event of the Customer’s breach of contract, in particular in the event of default in payment, PACKSYS shall be entitled to take back the goods and the Customer shall be obliged to surrender them. The assertion of the retention of title and the seizure of the purchased goods by PACKSYS shall not be deemed a withdrawal from the contract, unless PACKSYS has expressly declared this in writing. Upon taking back the purchased goods, PACKSYS is authorised to realise their value. The proceeds of realisation shall be set off against the customer’s liabilities — less reasonable costs of taking back and realising the goods.
  4. In the event of attachment or other interventions by third parties, the customer must notify PACKSYS immediately in writing so that PACKSYS can bring an action in accordance with Section 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is unable to reimburse PACKSYS for the judicial and extrajudicial costs of legal proceedings in accordance with Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the loss incurred by PACKSYS.

XII. Data Protection and Compliance

  1. PACKSYS processes personal data relating to customers and business partners exclusively in accordance with applicable data protection laws. Details regarding the nature, scope and purposes of data processing, as well as the rights of data subjects, are available at any time in the Privacy Policy at https://packsys.de/datenschutz/ .
  2. Our company attaches great importance to conduct that is legally compliant and ethically sound. To this end, we have drawn up a Code of Conduct which is accessible to all employees and available to customers on request. The customer undertakes to respect this Code of Conduct and not to engage in any actions that could contravene it.

XIII. Jurisdiction, Governing Law, Place of Performance

  1. Where the customer is a trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of PACKSYS; however, PACKSYS shall also be entitled to bring proceedings against the customer at the court for the customer’s place of residence.
  2. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This shall also apply to international deliveries and contracts with foreign customers.
  3. Unless otherwise stated in the order confirmation, the registered office of PACKSYS shall be the place of performance for all obligations arising from the contractual relationship.

 

As of April 2026