General terms and conditions
§ 1 Scope
(1) These terms apply to all contracts between R&R Vivendi GbR, Ochtruper Straße 34a, 48455 Bad Bentheim, Germany, represented by its partners Roman Rötting and Roman Breitenbach ("Provider"), and its customers concerning the creation, registration and running of Digital Product Passports within the meaning of Regulation (EU) 2024/1781 and related services.
(2) The offer is addressed exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code (BGB). 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.
§ 2 Services
(1) From the product data supplied by the customer, the Provider creates one Digital Product Passport per item, model or batch: a unique identifier in the form of a web address, a passport page reachable at that address, and the corresponding QR code as a print file.
(2) The services further include: the formal check of the supplied data for completeness of mandatory details, valid formats and duplicate identifiers; the passport page in the official languages of the target markets stated by the customer, including translation of the texts supplied by the customer; running the passport pages in accordance with § 7; updating the passport pages in accordance with § 5 (2); and registration of the passports in the product passport registry of the European Commission in accordance with § 6.
(3) Not included are: checking the supplied data for factual accuracy, checking whether the customer meets all requirements applicable to its product group, legal or tax advice, the ongoing intake of dynamic data from battery management or other systems, and services as an authorised representative, unless agreed separately in each case.
(4) The Provider submits the translations to the customer for review before publication. The customer may change any translation. Publication follows only after the customer approves; the time and the approved version are recorded. Under § 5 (1) the customer remains responsible for the content of the details in all language versions.
§ 3 Conclusion of contract and start of performance
(1) The presentation of the services on the website is not a binding offer. The contract is concluded upon the Provider’s order confirmation in text form.
(2) The Provider starts creating the passports once the product data has passed the check under § 2 (2) without findings and the remuneration has been received in full.
§ 4 Remuneration, quota, additions
(1) The remuneration is 260 € per contract year and includes a quota of 100 Digital Product Passports. Each additional passport costs 0.25 € per contract year. The remuneration is due upon conclusion of the contract and is paid in advance. All prices are exclusive of statutory VAT where applicable; the reverse charge procedure applies to customers in other EU member states with a valid VAT identification number.
(2) The customer may order further passports during the term (addition). New passports within the remaining quota are included without further remuneration; for passports exceeding the quota, the remuneration under paragraph 1 sentence 2 is due before creation.
(3) For the renewal under § 8, the total number of passports run by the Provider for the customer counts. Updates to existing passports are not new passports and do not trigger additional remuneration.
(4) If the customer defaults on a payment, the statutory consequences of default apply (section 288 BGB).
§ 5 Duties of the customer
(1) The customer supplies all details required for creating the passports completely, correctly and in good time. The customer alone is responsible for the content, completeness and accuracy of the details; after the formal check, the Provider transfers them into the passports without checking their substance.
(2) Under Art. 9 of Regulation (EU) 2024/1781 the customer is obliged to keep the data of its product passports accurate, complete and up to date. The customer notifies the Provider of changes without undue delay; the Provider then updates the affected passport pages at no additional charge.
(3) The customer notifies changes of master data (company, address, VAT identification number, contact details) without undue delay.
(4) Applying the QR code to the product, its packaging or the accompanying documents is the customer’s responsibility.
§ 6 Registration in the EU registry
(1) The Provider enters the customer’s passports in the product passport registry of the European Commission under its own identifier as economic operator, as soon as the Commission has technically opened registration for the product group concerned, at no additional charge.
(2) As long as the Commission has not opened a product group, there is no claim to registration. Under Art. 13 (5) of Regulation (EU) 2024/1781, the registry’s notification of a registration does not constitute proof of the product’s legal conformity.
§ 7 Availability of the passport pages
(1) The Provider keeps every created passport page publicly reachable for 10 years from its publication. This obligation continues after the end of the contract.
(2) A published product passport cannot be deleted. During the contract term it counts towards the total under § 4 (3).
(3) The Provider keeps a change log for every passport page and archives previous versions.
(4) Short interruptions due to maintenance, data centre failures or force majeure do not affect paragraph 1; the Provider remedies failures without undue delay.
§ 8 Term and termination
(1) The contract runs for 12 months from its conclusion. It is extended by further periods of 12 months unless terminated in text form with 30 days’ notice to the end of the respective term.
(2) The right to extraordinary termination for good cause remains unaffected. Good cause for the Provider exists in particular if the customer fails to pay due remuneration despite a reminder and grace period, or knowingly provides incorrect details.
(3) After the end of the contract no further updates are made and no new passports are created. The availability under § 7 (1) remains. On request, the customer receives its product data in a common, machine-readable format.
§ 9 Performance periods
(1) The Provider creates the passports without culpable delay once the conditions of § 3 (2) are met.
(2) Force majeure and disruptions at the European Commission, registry bodies or technical service providers for which the Provider is not responsible extend the periods appropriately.
§ 10 Indemnification
(1) The customer indemnifies the Provider, its partners and employees against all third-party claims as well as fines, fees and costs based on the customer’s breach of its statutory or contractual obligations, in particular through incorrect, incomplete or outdated product data.
(2) The indemnification includes the costs of an appropriate legal defence. Further statutory claims of the Provider remain unaffected.
§ 11 Liability
(1) The Provider is liable without limitation for intent and gross negligence and for injury to life, body and health.
(2) In cases of simple negligence the Provider is liable only for the breach of essential contractual obligations (obligations 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 the contract.
(3) Any further liability is excluded. Liability under mandatory statutory provisions remains unaffected.
§ 12 Data protection and confidentiality
(1) The Provider processes personal data of the customer exclusively for the performance of the contract and in accordance with the privacy policy. The manufacturer details prescribed for the product passport become publicly accessible as intended.
(2) Both parties treat non-public information of the other party as confidential unless disclosure is required by law.
(3) For translating the passport texts the Provider uses a service provider. Only the product texts to be translated are transmitted.
§ 13 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) To the extent legally permissible, the exclusive place of jurisdiction is the Provider’s registered office.
(3) If these terms are provided in several language versions, the German version prevails.
(4) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
As of: 15.08.2026