Allgemeine Geschäftsbedingungen (Verkauf und Mandat)

Hinweis: Diese Bedingungen bestehen in französischer und englischer Sprache. Bei Abweichungen gilt die französische Fassung. Eine deutsche Übersetzung wird auf Anfrage bereitgestellt und dient nur der Information.

Summary for busy people (the full terms below prevail): we act as your EPR representative in France under a written mandate. You pay a one-time setup fee and an annual fee for the plan you choose; both are non-refundable once we have started work. Eco-contributions owed to the French eco-organismes are not our fees: you prepay them yearly, we pay the eco-organismes from that prepayment and settle the difference on your actual declaration. Because French law makes us liable in your place, you guarantee us against anything we have to pay because of your products, your data or your non-payment. The contract lasts one year and renews unless terminated. French law and the Paris courts apply. These terms are for businesses only.

1. Parties and definitions

1.1 Provider. "EPR France Rep", "we", "us": EPRFranceRep.com, 10 rue de la Paix, 75002 Paris, France, contact hello@eprfrancerep.com, operated pending the registration of a French société par actions simplifiée (SAS). Upon registration, the SAS takes over all contracts concluded on its behalf in accordance with Article L. 210-6 of the French Commercial Code, and the Client agrees to that substitution. Company details are published in the Legal notice.

1.2 Client. The legal entity or professional person identified at checkout, acting for the purposes of its trade, business or profession. Our services are reserved for professionals within the meaning of the preliminary article of the French Consumer Code. By ordering, the Client confirms it is not a consumer and that the consumer-law right of withdrawal does not apply.

1.3 Definitions. "EPR" or "REP": extended producer responsibility under Articles L. 541-10 et seq. of the French Environmental Code. "Stream" (filière): one EPR scheme (for example household packaging, professional packaging, electrical and electronic equipment, batteries, textiles, furniture, toys). "Eco-organisme": a producer responsibility organisation approved by the French State for a stream. "Eco-contributions": the amounts an eco-organisme charges a producer under its published tariff. "IDU": the unique identifier issued through ADEME's register. "Mandate": the written mandate by which the Client appoints us as its representative under Article L. 541-10-9-1 of the Environmental Code. "Plan": the service level chosen at checkout (Essential, Standard or Enterprise). "Order": the Client's acceptance of these terms and payment of the fees.

2. Purpose and scope of the services

2.1 We provide the services of a France-established EPR representative (mandataire) for producers not established in France, as required by Article L. 541-10-9-1 of the Environmental Code, together with the operational work described on the Pricing page for the chosen Plan: analysis of the applicable streams, preparation and signature of the Mandate, membership of the relevant eco-organismes in the Client's name, obtaining the IDU for each stream, periodic declarations of quantities placed on the French market, the Client dashboard, monitoring of deadlines and regulatory changes, and correspondence with eco-organismes and authorities within the scope of the Mandate.

2.2 Streams included. Each Plan includes the number of streams shown on the Pricing page. Additional streams are invoiced at the published rate per stream and year. The list of applicable streams is confirmed in writing after onboarding; the Client's selection at checkout is indicative only.

2.3 What is not included. Unless expressly agreed in writing: legal advice; packaging or product design, labelling (including the Triman logo and sorting instructions, which remain the Client's responsibility); services in countries other than France; customs, VAT or product-safety compliance; disputes with eco-organismes or authorities beyond ordinary correspondence; audits and on-site inspections; and any work above the fair-use limits of the Plan (number of streams, product references coded, declaration regime). Such work is quoted separately.

2.4 No guarantee of outcome. Eco-organismes, ADEME and marketplaces decide on memberships, identifiers, tariffs and listings under their own rules and timelines. We undertake to perform the services with the diligence of a professional (obligation de moyens) and do not guarantee the timing or content of their decisions.

2.5 Information only. Guides, calculators and other content on the website are general information, not advice. Calculator results are estimates based on published tariffs and the data entered by the Client.

3. Order, acceptance and entry into force

3.1 The Client orders online by selecting a Plan, ticking the box confirming acceptance of these terms and paying the fees by card. The acceptance box, the timestamp, the Plan, the number of streams, the version of these terms and the Client's identification are recorded and constitute proof of the contract in accordance with Articles 1366 and 1367 of the French Civil Code.

3.2 The contract enters into force on receipt of the payment. We confirm the order by email and open the onboarding questionnaire.

3.3 We may refuse or cancel an order, with a full refund of the fees paid, where the Client is not a professional, where the information provided is inaccurate, where the Client is established in France, where the Client's activity falls outside the streams we serve, or where a sanctions, fraud or compliance check so requires.

4. Fees

4.1 Setup fee. A one-time fee for the analysis of the applicable streams, the Mandate, the eco-organisme memberships and the IDUs, at the amount shown for the Plan at checkout.

4.2 Annual fee. A fee per contract year for the Plan and the streams included, payable in advance. Additional streams are invoiced at the published rate per stream and year, pro rata for the first year.

4.3 Taxes. All fees are exclusive of VAT and any other tax. French VAT is added where applicable; where the reverse-charge mechanism applies, the Client is responsible for accounting for VAT in its own country and must provide a valid VAT identification number.

4.4 Price changes. We may revise the fees for a renewal period by giving at least 60 days' written notice before the renewal date. If the Client does not accept the new fees, it may terminate the contract at the renewal date.

4.5 Enterprise Plan. Fees for the Enterprise Plan are set out in a written quote, which forms part of the contract together with these terms.

5. Payment and late payment

5.1 Fees are payable in full at the time of the order, by card through our payment provider (Stripe). Renewal fees are payable before the start of each renewal period. Invoices are issued electronically.

5.2 Late payment. In accordance with Article L. 441-10 of the French Commercial Code, any amount unpaid on its due date bears late-payment interest at three times the French legal interest rate, from the due date until full payment, without prior notice, plus a fixed recovery indemnity of €40 per invoice and, where recovery costs exceed that amount, additional compensation on presentation of supporting documents.

5.3 Suspension. If any amount, including an eco-contribution prepayment or top-up, remains unpaid 15 days after a written reminder, we may suspend the services (including declarations) until payment, and the consequences of that suspension (late filings, penalties, marketplace suspensions) are borne by the Client.

6. Non-refundable fees

6.1 The setup fee and the annual fee remunerate work that begins immediately after payment: opening the file, analysing the Client's streams, preparing the Mandate and contacting eco-organismes. Once work has started, the fees are earned and are not refundable, in whole or in part, whatever the reason for the Client's withdrawal, including if the Client changes its mind, stops selling into France, restructures, or is refused, suspended or delisted by an eco-organisme, an authority or a marketplace for reasons attributable to the Client.

6.2 Work is deemed to have started at the earliest of: our first written contact with the Client after payment about the onboarding, our first request to an eco-organisme, or 48 hours after payment. If the Client asks in writing to cancel before work has started, we refund the fees paid, minus payment-processing costs.

6.3 Early termination by the Client during a contract year does not give rise to any refund or credit of the fees for that year (Article 1231-5 of the Civil Code being expressly excluded as far as the law allows). Unused streams, unused product-coding capacity and unused support are not refunded.

6.4 Fees are refunded only where we terminate under clause 3.3, or where we are unable to provide the services for a reason attributable solely to us, in which case the refund is limited to the fees paid for the period during which the services were not provided.

7. Eco-contributions: prepayment, settlement and top-up

7.1 Nature. Eco-contributions are owed by the Client as producer to the eco-organismes under their published tariffs. They are not our fees, we add no margin to them, and their amount depends on the Client's declared quantities, the eco-organisme's tariff for the year of declaration, minimum bills and eco-modulation.

7.2 Prepayment. Because the Mandate makes us legally answerable for the Client's EPR obligations, the Client pays us, before we sign the Mandate and apply for any membership, a prepayment equal to our estimate of the eco-contributions for the current contract year, based on the data provided by the Client and the applicable tariffs. The prepayment is an advance on expenses held for the sole purpose of paying eco-organismes on the Client's behalf. It bears no interest and is not a security deposit within the meaning of consumer law.

7.3 Use. We pay each eco-organisme invoice, provisional instalment and regularisation from the prepayment and give the Client access to the corresponding invoices and statements in the dashboard.

7.4 Settlement and top-up. When an eco-organisme issues a regularisation or when the Client's actual declaration shows higher quantities, we invoice the difference and the Client pays it within 15 days. We may require the top-up before filing a declaration or paying an eco-organisme where the prepayment is insufficient. Any surplus is carried forward to the next contract year or, at termination, refunded after the last eco-organisme regularisation, less any amount owed to us.

7.5 Renewal. For each renewal year, the prepayment is set on the basis of the Client's last actual declaration and the tariffs then published, and is payable together with the annual fee.

7.6 No filing without funds. We are not obliged to advance any amount on the Client's behalf. If the prepayment or a top-up is not paid, we may withhold memberships, declarations and payments to eco-organismes, and clause 5.3 applies.

8. The Mandate and the Client's obligations

8.1 Mandate. The Client appoints us as its EPR representative in France by a written Mandate governed by Articles 1984 et seq. of the Civil Code and Article L. 541-10-9-1 of the Environmental Code, for the streams listed in the Mandate. Under that article we are subrogated in the EPR obligations we accept; the Client remains the producer and remains bound, towards us, by the obligations below.

8.2 Information and data. The Client provides, within 10 business days of request, complete, accurate and up-to-date information: company details, products, packaging weights and materials, units, sales channels, existing memberships and identifiers, and any notice received from an eco-organisme, an authority or a marketplace. The Client informs us without delay of any change (new products, new streams, new channels, cessation of sales, change of control).

8.3 Declarations. The Client is solely responsible for the accuracy of the quantities, weights and materials it reports to us. We declare on the basis of that data. The Client keeps the supporting documents for the legal retention period (at least five years) and provides them on request.

8.4 Labelling and product compliance. The Client is responsible for the Triman logo, sorting instructions and any other marking, and for the safety and conformity of its products and packaging.

8.5 Marketplaces. The Client enters the IDUs we deliver in its marketplace accounts and terms of sale, and manages its listings. We are not responsible for the way marketplaces apply their own policies.

8.6 Exclusivity per stream. For each stream covered by the Mandate, the Client shall not appoint another representative or join an eco-organisme directly without first terminating the Mandate for that stream.

8.7 Power to act. The Client authorises us to sign membership contracts and declarations, to obtain identifiers, to receive correspondence and invoices from eco-organismes and authorities, and to pay eco-contributions from the prepayment, all in the Client's name and on its behalf.

9. Guarantee and indemnity in our favour

9.1 Since the Mandate makes us answerable to eco-organismes and authorities in the Client's place, the Client guarantees us (garantit et relève indemne) against, and reimburses on first written demand within 15 days, any eco-contribution, minimum bill, regularisation, penalty, administrative fine, daily penalty, interest, cost or expense (including reasonable legal costs) that we pay or are required to pay as a result of the Client's products, packaging or quantities, of inaccurate, incomplete or late information from the Client, of the Client's non-payment, or of any breach of these terms by the Client.

9.2 This guarantee survives the termination of the contract for as long as we remain exposed for periods during which we acted as the Client's representative.

9.3 We may set off any amount due under this clause against the prepayment or any other sum we hold for the Client.

10. Our liability

10.1 We are liable only for direct loss caused by our proven failure to perform the services with professional diligence.

10.2 We are not liable for: loss caused by inaccurate, incomplete or late data from the Client; decisions of eco-organismes, ADEME, authorities or marketplaces; changes in law, tariffs or eco-organisme rules; loss of sales, profit, revenue, listings, goodwill or opportunity; indirect or consequential loss; or events of force majeure within the meaning of Article 1218 of the Civil Code.

10.3 Our total aggregate liability towards the Client under or in connection with the contract, for all claims in any contract year, is limited to the fees (setup fee and annual fee, excluding eco-contributions) actually paid by the Client for that contract year. Eco-contributions paid to eco-organismes are never recoverable from us as damages.

10.4 Any claim against us must be notified in writing within 3 months of the event giving rise to it, failing which it is waived to the extent the law permits.

10.5 Nothing in these terms excludes liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited under French law.

11. Term, renewal and termination

11.1 Term. The contract runs for one year from the date of payment and renews automatically for successive one-year periods unless either party gives written notice of termination at least 60 days before the renewal date. We send a renewal reminder at least 30 days before the renewal date.

11.2 Termination for breach. Either party may terminate the contract by written notice if the other party fails to remedy a material breach within 15 days of a written reminder. Non-payment of any amount, repeated failure to provide data, and any conduct that exposes us to sanctions are material breaches by the Client.

11.3 Effects. On termination: the Mandate ends for all streams at the end of the notice period or, in case of termination for breach, immediately; we notify the eco-organismes and, where required, ADEME; the Client must appoint a new representative or otherwise ensure its compliance from that date; fees for the current year remain due and are not refunded; eco-contributions for the periods during which we acted remain payable by the Client, including regularisations issued after termination; the prepayment is settled under clause 7.4.

11.4 Handover. We provide the Client, within 30 days of termination and once all amounts due have been paid, with the membership references, identifiers and copies of the declarations filed during the contract.

12. Personal data and confidentiality

12.1 We process the personal data of the Client's contacts as described in our Privacy notice, as controller for the management of the contract and as processor where we file data on the Client's behalf. Data is hosted in the European Union where available.

12.2 Each party keeps confidential the non-public information of the other party obtained under the contract and uses it only to perform the contract, except where disclosure is required by law, by an eco-organisme or by an authority. We may disclose to eco-organismes, ADEME and marketplaces the information needed to perform the Mandate.

12.3 We may name the Client as a client in our references unless the Client objects in writing.

13. Miscellaneous

13.1 Assignment. We may assign the contract to the SAS referred to in clause 1.1 or to any successor of our business. The Client may not assign the contract without our written consent.

13.2 Changes to these terms. We may update these terms; the version in force on the date of each order or renewal applies to that order or renewal. The Client is notified of material changes at least 30 days before a renewal.

13.3 Entire agreement. These terms, the Pricing page as at the date of the order, the order confirmation, any written quote and the Mandate constitute the entire agreement. In case of conflict, the Mandate prevails for its subject matter, then any written quote, then these terms.

13.4 Severability. If a clause is held invalid, the remainder stays in force and the clause is replaced by a valid clause of similar effect.

13.5 No waiver. A failure to enforce a right is not a waiver of it.

13.6 Notices. Notices are validly given by email to the addresses used for the order, with the exception of termination for breach, which is also sent by registered letter with acknowledgement of receipt.

13.7 Language. These terms exist in French and in English. The French version, available at the address shown in the language selector, prevails in case of discrepancy. Translations into other languages are provided for convenience only.

14. Governing law and jurisdiction

14.1 These terms and the Mandate are governed by French law.

14.2 Any dispute relating to their validity, interpretation, performance or termination which cannot be settled amicably within 30 days of a written notice is submitted to the exclusive jurisdiction of the Tribunal des activités économiques de Paris (Paris commercial court), including in case of multiple defendants, summary proceedings or third-party claims.

Version 2026-09-16. Acceptance is recorded at checkout with the date, time, Plan and version. These terms are drafted with care but are not a substitute for legal advice; they will be reviewed by French counsel upon registration of the SAS.