Terms and conditions

The provider and contracting party is PackCert GmbH, Am Steinfeld 15, 2511 Pfaffstätten, Österreich ("PackCert"). These terms apply to the use of the platform at https://www.pack-cert.com in the version in force at the time of use.

Differing or supplementary terms of users do not become part of the contract unless their application has been expressly agreed in text form.

The contract and communication languages are German and English. Both language versions of these terms are identical in substance; in the event of a discrepancy the German version prevails.

Supplier

A company that files packaging master data and the associated documentation on the platform. Supplier accounts are open to businesses only.

Customer

A registered company or person who searches for and retrieves filed data and documents.

Visitor

Anyone using the platform without a user account.

User content

All information filed and files uploaded by suppliers, in particular packaging master data and documents together with their revisions.

Documentation status

A purely descriptive indication of how complete and current the filed documentation is. Not a legal assessment.

PackCert provides digital infrastructure through which suppliers file packaging master data and documentation, and through which customers and visitors search for, view and download it.

PackCert is neither a seller nor a manufacturer of the documented packaging, is not a certification or testing body, is not a notified body and is not a consultancy. No legal, tax or business advice is provided.

The platform gives rise to contractual relationships between users and the provider only:

• between the provider and the supplier for the use of the platform, for a fee where a paid plan applies,
• between the provider and the customer holding an account for the use of the platform, free of charge in its basic scope,
• between the provider and the visitor without an account under § 5.

No contract whatsoever comes into existence between suppliers and customers through the platform. The platform brokers no contracts about packaging, settles no payments between users and charges no commission. Retrieving a document creates no legal relationship with the supplier.

Searching for packaging items and retrieving the filed documents is possible without registering. For this the provider grants visitors a free permission to use the platform, revocable at any time. No contract about the content of the retrieved documents arises from it.

Use without an account carries no claim to availability or to the provision of particular content. The provider may revoke the permission without stating reasons, in particular in the case of automated bulk retrieval.

To prevent abuse, the number of retrievals per access point is limited technically. That limit is not an entitlement allowance; it lies far above human use and resets after a short time.

Registration forms a user agreement. The details given on registration must be accurate and complete, and must be corrected without delay when they change.

Access credentials must be kept secret and must not be passed to third parties. If unauthorised use is suspected, the provider must be notified without delay.

There is no entitlement to registration. Supplier accounts are open to businesses only.

Compliance documents are free of charge for all users and may be retrieved without limit. A paid plan grants no right to retrieve documents and no higher number of retrievals; it concerns platform features only.

Paid plans are presented on the pricing page with their scope, price and billing period. That presentation is an invitation to make an offer. The contract is formed on the provider’s confirmation.

At present no paid plan can be booked. All priced plans are suspended, no payment provider is connected, and no fees are charged. The following provisions on fees, term and termination apply from the point at which paid plans are actually offered.

For businesses, prices are net prices plus statutory VAT. For consumers, total prices including VAT are shown.

The fee falls due in advance for each billing period. In the event of default the provider may charge statutory default interest and, after prior notice and a reasonable grace period, restrict access.

Paid plans are concluded for an indefinite period and billed for the agreed billing period. Either party may terminate them with effect from the end of the current billing period.

Termination is effected by a declaration in text form to info@pack-cert.com. There is currently no cancellation function inside the user account; an email suffices and is confirmed by the provider in writing.

The right of either party to terminate for good cause remains unaffected. A free-of-charge relationship may be ended at any time without notice.

A change to the fee is announced in text form at least eight weeks before it takes effect. The contracting party may terminate with effect from the date of the change; the announcement expressly points this out.

As against consumers, a change to the fee is not deemed approved by silence. Without express consent the previous fee continues to apply.

The supplier filing user content is solely responsible for it. They warrant that the information is accurate and complete, that they are entitled to make the uploaded documents available, and that no third-party rights stand in the way.

Suppliers must correct information that has become inaccurate and replace superseded documents with a new revision. Earlier revisions remain traceable; customers who retrieved a document see that a newer revision exists.

The supplier grants PackCert the non-exclusive right, unlimited in territory and time, to store, reproduce and make the user content publicly available for the purpose of operating the platform, and to adapt it where a format change is technically required. No rights beyond that are granted.

PackCert performs no legal assessment of packaging and in particular does not confirm conformity with Regulation (EU) 2025/40 or any other rules. No certification, accreditation or conformity assessment is issued.

Only information and documents self-declared and provided by the respective economic operator are displayed. Responsibility for meeting product-related legal obligations rests solely with that economic operator.

User content is not checked for accuracy, completeness or legal admissibility. Only technical requirements such as file format and file size, and the completeness of mandatory fields, are checked. The documentation status shown reflects that technical finding alone.

Marking a packaging item as non-compliant is done exclusively by a person — the supplier themselves or the provider — and never by an automated evaluation.

A marking as a verified supplier concerns the identity of the company alone and says nothing about its packaging or documents.

The provider endeavours to keep the platform highly available but owes no particular level of availability. Maintenance is announced where possible and scheduled for periods of low use.

The provider may develop the range of features further. Material reductions in the agreed scope of a paid plan are announced at least eight weeks in advance and entitle the contracting party to terminate with effect from the date they take effect.

The provider may remove user content or restrict or suspend access to an account where there is an objective reason, in particular a breach of these terms, manifestly unlawful content, substantial payment default, or a threat to the operation of the platform.

The provider always chooses the mildest suitable measure. The person affected is heard before a measure is taken, unless this is impossible because of imminent danger or a legal obligation; in that case they are heard immediately afterwards.

Every measure is given reasons. The decision may be contested informally at info@pack-cert.com; the provider reviews the objection and communicates the outcome with reasons.

Statutory warranty provisions apply to services provided for a fee. As against consumers, statutory warranty rights are neither excluded nor restricted.

For services provided free of charge the provider is liable only as set out in § 17.

The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and in all cases of mandatory statutory liability, in particular under the Product Liability Act.

As against businesses, liability for slight negligence is excluded. Liability for lost profit, indirect damage and consequential damage is excluded as against businesses.

As against consumers, in cases of slight negligence the provider is liable only for breach of material contractual obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the consumer may rely; in such cases liability is limited to the foreseeable damage typical of the contract at the time it was concluded.

The provider is not liable for the accuracy, completeness or currency of user content. The respective supplier alone is liable for the content of the documents supplied.

None of the above alters the statutory burden of proof to the detriment of users.

Suppliers who are businesses indemnify the provider against all third-party claims raised against the provider on account of user content they have filed, including reasonable costs of legal defence. This requires that the supplier is responsible for the infringement.

The provider notifies the supplier of any claim without delay, makes no admission without their consent and gives them the opportunity to defend the claim. This provision does not apply to consumers.

The provider may amend these terms where a change in the law, in supreme court case law or in the scope of the service gives cause. Amendments are announced in text form at least six weeks before they take effect.

The contracting party may object to the amendment before it takes effect and terminate the contract with effect from that date; the announcement expressly points out both rights.

Changes to the fee or to the principal service owed are not deemed approved by silence; they require express consent.

Every version of these terms carries a version number. Earlier versions remain retrievable so that it stays traceable which wording was agreed to.

Once the relationship ends, the supplier’s user content is no longer displayed publicly.

Exporting one’s own data and deleting the user account are available at any time under "Account" in the application. Statutory retention obligations and the record of retrievals that have already taken place remain unaffected.

Details of the processing of personal data are set out in the privacy policy. It is not part of the contract but information under Articles 13 and 14 GDPR.

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.

As against consumers, this choice of law applies only in so far as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.

For disputes with businesses, the court with subject-matter jurisdiction for the provider’s seat has exclusive jurisdiction. For consumers the statutory places of jurisdiction remain decisive; a consumer may be sued only at their domicile, habitual residence or place of employment.

Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. As against consumers, an invalid provision is replaced by the statutory rule; no replacement by a provision approximating its economic purpose takes place as against them.

Businesses may set off against claims of the provider only with counterclaims that are undisputed or have been established with final legal effect. This restriction does not apply to consumers.