General Terms and Conditions (GTC)

1. Scope of Application

1.1. These General Terms and Conditions (GTC) apply to all contracts, deliveries, and services provided by 4Packaging GmbH (hereinafter referred to as the "Supplier") to its customers (hereinafter referred to as the "Client"). 

1.2. Deviating, opposing, or supplementary terms and conditions of the Client shall not apply unless explicitly agreed to in text form (e.g., email) by the Supplier.

1.3. These GTC also apply to all future business transactions between the Supplier and the Client, even if not explicitly referred to again.

2. Contract Formation

2.1. Offers from the Supplier are non-binding unless explicitly stated otherwise. 

2.2. A contract is only deemed concluded when the Supplier confirms the Client's order in writing or commences the delivery or service. 

2.3. Subsequent changes or additions to the contract require written confirmation by the Supplier to be valid. 

2.4. The contract formation is subject to the availability of the goods or services at the time of the order. 

2.5. Where the Supplier has expressly declared an offer to be binding, the Client may only accept such offer within three (3) weeks from the date of the offer. Timely acceptance is determined by the receipt of the Client's acceptance (order confirmation or purchase confirmation) by the Supplier. After expiry of the acceptance period, the offer shall be deemed withdrawn.

3. Prices and Payment Terms

3.1. All prices are quoted in Euros and exclude the statutory VAT unless explicitly stated otherwise. Additional costs such as packaging, freight, insurance, and other ancillary costs will be invoiced separately. 

3.2. Payment must be made within 14 days of the invoice date without deductions unless otherwise agreed. 

3.3. In case of late payment, the Supplier reserves the right to charge interest at a rate of 9 percentage points above the statutory base interest rate pursuant to §288 BGB. Additionally, the Supplier may charge a processing fee of up to €20.00 per reminder to cover administrative costs, unless the Client proves that no or only minimal damage was incurred. The Supplier reserves the right to claim further damages caused by the delay.

3.4. The Client may only offset claims that are undisputed or legally established. 

3.5. The Supplier reserves the right to withhold further deliveries or services in the event of payment default.

4. Credit Notes

 4.1. This section applies to all credit notes issued by the Supplier to the Client, regardless of the underlying reason (warranty claims, price adjustments, goodwill, or other commercial arrangements).

4.2. Credit notes issued in connection with a specific invoice shall be offset against the corresponding invoice. Where the credit note covers the full amount of the invoice, the open item shall be deemed settled. Where the credit note covers only a partial amount, the remaining balance of the invoice shall remain due and payable in accordance with the original payment terms.

4.3. Credit notes issued without reference to a specific invoice (e.g., goodwill credits, compensation for damages, or other commercial adjustments) shall be valid for a period of twelve (12) months from the date of issue. Upon expiry of this period, the credit note shall lapse automatically and without further notice, and the Client shall have no further claim against the Supplier in respect of the expired credit note.

4.4. Standalone credit notes pursuant to Section 4.3 shall be offset against the Client's oldest outstanding invoices at the time of settlement. The Supplier shall determine the order and method of offsetting at its reasonable discretion (§ 315 BGB).

4.5. Credit notes shall be settled exclusively by way of offsetting against invoices of the Supplier. Cash payment, bank transfer, or any other form of disbursement of credit note amounts is excluded unless the Supplier, at its sole discretion, agrees otherwise in individual cases in text form (e.g., email).

4.6. The Client's rights arising from credit notes are not assignable to third parties. Any assignment without the prior written consent of the Supplier shall be void.

4.7. Without prejudice to Section 4.3, any claims arising from credit notes shall be subject to the statutory limitation period pursuant to §§ 195, 199 BGB. Credit notes that have not been redeemed within the statutory limitation period shall lapse without further notice.

4.8. The Supplier is under no obligation to notify the Client of outstanding or expiring credit notes. It is the Client's sole responsibility to monitor and redeem any credit notes within the applicable validity period.

5. Delivery and Transfer of Risk

5.1. Delivery dates are only binding if explicitly confirmed in writing by the Supplier. 

5.2. Without prejudice to the general force majeure provisions in Section 13, delivery delays due to force majeure or other unforeseeable circumstances, such as disruptions in supply chains, pandemics, or natural disasters, shall release the Supplier from its delivery obligations for the duration of the disruption. Section 13 shall apply to all other contractual obligations affected by force majeure events.

5.3. The risk passes to the Client as soon as the goods are handed over to the transport company, even if the Supplier has agreed to bear the transport costs. Unless otherwise explicitly agreed, deliveries shall be made FCA Dissen (Incoterms® 2020). The Client is responsible for all costs and risks associated with the transport from this point onwards.

5.4. The Client is responsible for insuring the goods against transport damage unless explicitly agreed otherwise. 

5.5. Cylinders provided to the Supplier for processing may remain on the premises for a maximum of 90 days, if an order exists but no processing has taken place. After this period, the Supplier reserves the right to return the cylinders to the Client at their expense, following prior written notification.
The Supplier reserves the right to refuse acceptance and storage of cylinders for which no order has been placed.

6. Retention of Title

6.1. The delivered goods remain the property of the Supplier until full payment of the purchase price and all associated costs. 

6.2. The Client is not permitted to pledge or transfer the goods by way of security before ownership has passed. 

6.3. If the goods are processed, combined, or mixed with other items, the Supplier acquires co-ownership of the resulting products in proportion to the value of the delivered goods to the other processed items at the time of processing. This co-ownership shall also apply if the goods are resold before full payment has been made.

7. Warranty

7.1. The Client is obligated to inspect the goods immediately upon receipt and report any defects in writing within 5 working days. 

7.2. In the event of a justified complaint, the Supplier shall have the right to choose between rectification or replacement at its discretion. If rectification or replacement fails twice, the Client may, at their discretion, demand a reduction in price or withdraw from the contract. Further claims by the Client, particularly claims for damages or reimbursement of consequential costs, are excluded unless otherwise required by mandatory law or as provided in Section 8.

7.3. Warranty claims are excluded for defects caused by improper use, maintenance, or external influences. 

7.4. The statutory warranty period is 6 months, unless otherwise agreed. This limitation does not apply to damages caused by intent, gross negligence, or other mandatory statutory provisions.

8. Liability

8.1. The Supplier is liable for intent and gross negligence. In cases of minor negligence, the Supplier is only liable for damages arising from injury to life, body, or health or for breach of essential contractual obligations. 

8.2. The Supplier's liability is limited to foreseeable and typical damages arising directly from the contractual relationship.

8.3. Liability for indirect damages, including lost profits, is excluded, except in cases of intent, gross negligence, or mandatory statutory liability, such as under the Product Liability Act.

8.4. The Supplier's liability for the technical quality and accuracy of gravure cylinders, embossing dies, and related pre-press deliverables shall end once the Client or the Client's printer has granted written approval for production (print approval / "Gut zum Druck"). From the point of production approval onward, the Supplier assumes no responsibility for any resulting costs, damages, or defects in the printed output, unless the defect was already present in the delivered product at the time of approval and was not reasonably detectable during the Client's inspection pursuant to Section 7.1.

8.5. Liability under the Product Liability Act remains unaffected.

9. Confidentiality

9.1. The Client and the Supplier agree to treat all information designated as confidential or which is recognisable as confidential by its nature ("Confidential Information") as strictly confidential and not to disclose it to third parties, both during and after the contract term, for a period of three (3) years following the end of the respective contractual relationship. Upon termination of the contract, all Confidential Information, including copies, must be returned or permanently deleted, unless otherwise agreed or required by law.

9.2. The confidentiality obligation does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was lawfully known to the receiving party prior to disclosure; (c) is lawfully obtained from a third party without breach of any confidentiality obligation; or (d) is required to be disclosed by law, regulation, or court order, provided the disclosing party is notified promptly to the extent legally permissible.

9.3. The Supplier may disclose Confidential Information to subcontractors, freelancers, and other third-party service providers (collectively "Authorised Third Parties") to the extent necessary for the performance of the contract, provided that:

(a) each Authorised Third Party has entered into a written confidentiality agreement with the Supplier imposing obligations no less restrictive than those set out in this Section 9;

(b) the Supplier limits the disclosure of Confidential Information to what is strictly necessary for the specific task assigned to the Authorised Third Party;

(c) the Supplier remains fully liable to the Client for any breach of confidentiality by its Authorised Third Parties as if such breach were committed by the Supplier itself.

9.4. Upon the Client's written request, the Supplier shall confirm whether Authorised Third Parties have been engaged in connection with the Client's orders. The Supplier is not obligated to disclose the identity or number of Authorised Third Parties unless required by a separate agreement between the parties.

9.5. Where Authorised Third Parties process personal data on behalf of the Supplier in connection with the Client's orders, the Supplier shall ensure that appropriate data processing agreements are in place in accordance with Article 28 GDPR.

9.6. Where the Client has entered into a separate non-disclosure agreement (NDA) with the Supplier that contains more restrictive provisions regarding the engagement of third parties, the provisions of such NDA shall prevail over this Section 9.3 to the extent of any conflict.

9.7. The Supplier may use artificial intelligence tools and automated processing systems in the performance of its services, including but not limited to quality assurance, colour management, and workflow automation. Where such tools involve the transmission of Client data to third-party systems, the Supplier shall ensure that (a) appropriate data processing agreements are in place with the respective tool providers; (b) Client data is not used for the training of third-party AI models; and (c) the use of such tools does not compromise the confidentiality obligations under this Section 9. Upon the Client's written request, the Supplier shall disclose which categories of AI tools are used in connection with the Client's orders.

10. Data Protection

10.1. The Supplier processes personal data of the Client in accordance with the applicable data protection laws, particularly the General Data Protection Regulation (GDPR). Details on the type, scope, and purpose of data processing, as well as the data subject's rights, are set out in the Supplier's Privacy Policy, available at www.4packaging.de/data-privacy.

10.2. The Client has the right to information, correction, deletion, or restriction of the processing of their personal data at any time. Requests shall be directed to info@4packaging.de.

10.3. The Supplier may transfer personal data to third parties (e.g., logistics providers, payment providers, or Authorised Third Parties pursuant to Section 9) as far as necessary for contract fulfillment.

10.4. The Client has the right to lodge a complaint with the competent supervisory authority. The supervisory authority for the Supplier is the Landesbeauftragte für den Datenschutz Niedersachsen.

11. Termination

11.1. Both parties may terminate the contract for good cause without notice. 

11.2. A termination must be made in writing to be effective. 

11.3. Upon termination, the Client is obligated to pay for all services rendered up to that point. The Supplier reserves the right to reclaim any delivered goods.

12. Applicable Law and Jurisdiction

12.1. The legal relationship between the Supplier and the Client is governed by German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

12.2. The place of jurisdiction for all disputes arising from the contract is the registered office of the Supplier, provided the Client is a merchant, a legal entity under public law, or a special fund under public law. 

12.3. For consumers, the statutory place of jurisdiction applies.

13. Force Majeure

13.1. Force majeure events such as pandemics, strikes, or political unrest that prevent the fulfillment of contractual obligations shall release the affected party from its obligations for the duration and scope of the disruption.

13.2. The affected party must promptly inform the other party of the nature and expected duration of the force majeure event.

14. Compliance with Laws

14.1. The Client is responsible for ensuring compliance with import and export regulations in their respective country.

14.2. The Supplier is not liable for any delays or issues arising from non-compliance with such regulations by the Client.

15. Client Obligations

15.1. The Client is obligated to notify the Supplier of any obvious errors (e.g., typographical or calculation mistakes) and any incomplete information in orders or purchase requests (including attached documentation) prior to acceptance of the contract.

15.2. If the Client fails to fulfill this obligation, the Supplier reserves the right to adjust delivery timelines or associated costs accordingly.

16. Service Modifications

16.1. The Supplier reserves the right to modify the agreed services by providing notification to the Client under the following conditions:
a) A reasonable notice period is maintained, at least five working days before the agreed service delivery time.
b) The modified service can be rendered within the Client's normal business operations without significant additional effort.
c) The agreed service delivery time is adjusted to account for the time required to implement the modification.
d) The Supplier reimburses the Client for any expenses incurred due to the modification, provided such expenses are documented separately.

16.2. The Client must promptly inform the Supplier of any anticipated expenses or changes to the service delivery timeline following receipt of the modification notice.

17. Termination by the Supplier

17.1. Without prejudice to the termination rights under Section 11, the Supplier is entitled to withdraw from the contract pursuant to § 323 BGB if the Supplier no longer has a legitimate interest in performing the service due to circumstances that arose after the conclusion of the contract and for which the Supplier is not responsible under the contractual or statutory risk allocation.

17.2. Any partial services already rendered and other expenses incurred for the execution of the contract will be reimbursed upon verification.

18. Amendments and Final Provisions

18.1. Changes or additions to these GTC must be made in writing.

18.2. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The parties agree to replace invalid provisions with valid ones that closely reflect the original intent. The same applies to any contractual gaps.

Last Updated: March 2026
These General Terms and Conditions apply to all business relationships with 4Packaging GmbH unless otherwise explicitly agreed in writing.

For questions or concerns, please contact us at:

+49 (0) 5421 9314-0
info@4packaging.de