General Terms and Conditions of Sale and Delivery
1. These general terms and conditions apply to the use of the printfarm.io website (and other domains) and the information and services provided by us for buyers and customers. We hereby object to deviating conditions or contractual offers from the user. They become part of the contract exclusively on the basis of an individual agreement made with us.
2. “We” and responsible for the operation of the “ Printfarm ” website are METAPAPER GmbH & Co. KG, Schulterblatt 58, 20357 Hamburg, Germany.
3. For the purposes of these general terms and conditions of use:
• "Printfarm" is the internet offer accessed via the internet address "printfarm.io" (and other domains).
· “Customer” means anyone who purchases goods or services via the “printfarm” website
· "Provider" is anyone who offers and markets products and services via the "Printfarm" website
· “User” is everyone who uses the “Printfarm” website whether as a customer or provider
4. The customer is a consumer, insofar as the purpose of their “Printfarrm” activity cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the course of their commercial or independent professional activity. Providers are always entrepreneurs. Consumers are not permitted as providers.
5. These general terms and conditions of use apply to generic use of the Printfarm platform. In additiona a eparate special terms and conditions for providers also applies to providers. The contractual conditions included in each of our "metapaper.io" offer apply.
1. Printfarm offers customers the opportunity to inquire about paper goods and printed matter as well as related customer-specific configurations and services, to tender for related orders or supply orders and to issue corresponding orders or supply orders to suppliers. Contracts for products and services requested or offered by Printfarm are referred to below as "orders" for the sake of simplicity, regardless of the nature of the respective contract, for example whether a purchase or work supply contract exists.
2. Printfarm is a platform through which commercial providers can offer products and services in the field of paper goods and printed matter and can conclude contracts for related products / services. The contract is concluded between the parties involved. We do not become a party to the contract for the product or service provided by the provider, unless we conclude the contract and undertake to supply / service provide the customer.
3. If the customer purchases products or services from Metapaper via Printfarm, these terms and conditions apply exclusively, unless something different forms part of the contract. Where the customer purchases products and services from third parties, the conditions agreed with the third party for the contractual relationship between the customer and the respective provider apply.
4. Printfarm strives to deliver the highest possible quality of product and customer service for Printfarm customers. We therefore place special demands on Printfarm providers and their product and service quality and will endeavor to find a solution in the interests of the customer in the event of performance disruptions. In the event of service disruptions for which the provider is responsible, the customer's claims and rights exist exclusively against the respective provider. Metapaper does not accept any success or liability for product experience.
III. Registration and cancellation
1. Prior registration is required to use Printfarm.
2. Natural or legal persons who are fully legally competent, entrepreneurs, - as customers - authorities, bodies under public law and special funds under public law can register. Registration requires establishing a a user account and agreeing to these terms and conditions of use. Instead of registration, providers can conclude an individual single agreement.
3. The user agreement on services subject to registration comes into effect upon confirmation of the registration. There is no entitlement to a user agreement. User accounts are not transferable and may not be given to third parties for use. The user is bound to his contract offer for the use of Printfarm 5 working days from the transmission of the contract declaration to us.
4. When registering, users must provide truthful and (if necessary for registration) complete data. We reserve the right to check the accuracy of the registration information using legally permissible means. Users are obliged to update registration data immediately in the event of any changes.
5. The user can terminate the agreement at any time. There are notice periods for user accounts for providers subject to payment, which depend on the contract model selected in each case. Termination of provider accounts subject to remuneration must be in text form.
6. Providers also have the right to have their profile deleted by us. Deletion requests can be sent to our email address given in the provider identification (imprint). Deletion before the end of an agreed contract term does not result in a partial reimbursement of fees and remuneration. It is not possible to reactivate the user profile after deleting the profile.
7. At the end of the usage relationship, we are entitled to delete the concerned user account and all associated content.
8. We reserve the right to terminate the user relationship without notice if there is an important reason for termination. Reasons for termination include if a user has culpably or repeatedly violated these terms and conditions or other legal provisions. Such a violation is equivalent to violations by third parties acting on the initiative of a user.
9. We are entitled to discontinue the operation of Printfarm altogether, to terminate the current contracts at the end of the operation with partial reimbursement of advance payments made.
10. We are entitled to discontinue free services at any time, to restrict them or to continue them as paid services after the user has given their consent.
11. We are entitled to block users who have given cause for termination.. We can store the data required for this blocking for a maximum of 2 years from the end of the usage relationship.
12. The termination of the user agreement does not affect the contractual relationships concluded via Printfarm and the resulting rights and obligations of the contractual partners.
1. Customer can advertise orders using the options provided by Printfarm.
2. Based on the properties requested, we will pass tenders to those appropriate companies who we believe are appropriate for the delivery of the product or service to the customer. In addition, we can make an offer for the requested service ourselves (“own order”). We do not owe the forwarding of the tender to certain providers, unless the respective agreement with the customer states otherwise.
3. If, from our point of view or from the point of view of the potential suppliers, there is a need for clarification in relation to the tendered service, we will contact the customer to obtain the required information and transmit this to the potential provider.
4. The corresponding offers for the advertised order are made available to the customer via the Printfarm platform. The customer can then decide to award the contract to one of the providers.
5. For the contract, the respective contractual provisions apply, as agreed with the respective contractual partner.
6. We use Printfarm to provide communication options for contacting the respective provider. In addition, the customer has the option of submitting a complaint about Printfarm in the event of any complaints or performance problems. We will then contact the respective provider and try to clarify the matter in the interests of the customer. The customer's claims against the respective provider as its contractual partner remain unaffected.
7. In order to guarantee the high quality of the products and services provided by Printfarm, the customer authorizes us to request a sample from the services commissioned by the respective provider at no additional cost to the customer. This sample will only be used for the purpose of quality testing and for any participation in the clarification of all complaints / performance disruptions and archiving for verification purposes. Such samples will be retained for a maximum of three years. We are entitled to request samples and archive them, but are not obliged to do so.
V. Conclusion of contract with direct purchase
1. The following provisions (contained within this Section no. V.) apply to products that can be purchased for the customer directly from Printfarm and for which there is no tender:
2. The customer can select products from the range - if necessary according to configuration - and collect them "in the shopping cart".. The customer submits a binding request to purchase the goods in the shopping cart by clicking the "order" button.
3. Subject to expressly different regulations, product and service descriptions are only used to describe that product or service e. Description are not a guarantee of quality. A guarantee of quality or durability on our part only exists for the goods delivered by us if these have been expressly offered and agreed by us. Any manufacturer guarantees remain unaffected. The following applies to all service descriptions: in the case of products with manual production and natural products, slight deviations between the goods shown and the goods delivered is always possible and are deemed to be in accordance with the contract if such difference is considered within trade tolerance and within reasonable scope. 4. Before submitting an order, the customer can change, view and correct input errors at any time. The customer's application always presupposes that the customer has accepted these general terms and conditions as part of the ordering process and has thus included them in his application.
5. We send the customer an order confirmation by email, in which the customer order is included. The customer can print out the acknowledgement using the "Print" function.
6. The issue of an invoice to the customer for goods ordered by the customer replaces the declaration of acceptance. In any case, the customer receives a contract confirmation in text form in accordance with the statutory provisions.
7. The subject of the delivery or service are the goods and / or services offered and ordered by the customer. Unless expressly stated otherwise in the respective offer, the designs and prices refer to the items offered, but not to any accessories or decorations that may be shown.
8. For goods manufactured in the customer order, e.g. Individually printed goods apply: for technical reasons that cannot be avoided with reasonable care, the goods actually delivered may differ from the way the goods are displayed on the screen, for example due to the display or playback technology used and from unavoidable variations in the context of the print execution. Such minor deviations are deemed to be contractual execution within the scope of the agreed quality.
9. If we are not able to deliver the ordered goods through no fault of our own and despite all reasonable efforts, such as our supplier not fulfilling his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier concerned and we are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.
10. German, English or French are available as contractual languages.
11. Order processing and contacting as part of contract processing are usually done by email. The customer must therefore ensure that the e-mail address provided by him to process the order is correct and that no settings or filter devices of the customer will prevent the receipt of any contract-related emails.
12. Insofar as a delivery time is specified in our offers, this delivery time and the information given for calculating the delivery time apply with priority. If no or no deviating delivery time is specified for the respective goods in the respective offer, it is between 10 and 21 days, since all products are manufactured to customer specifications. This period for delivery begins when advance payment is made and commences on the day after the payment order has been placed with the transferring bank or, in the case of other payment methods, on the day after the contract has been concluded and ends when the last day of the period expires. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.
VI. General obligations of the user
1. When using our website and our products and services, users must not violate any applicable legal provisions or contractual provisions. In particular, the user has no rights to violate third parties and must observe the applicable data protection regulations, criminal laws and youth protection regulations.
2. Providers have to ensure that they describe the services offered by Printfarm truthfully and correctly to the other users and provide them properly. We strive for the highest possible quality of the offers presented at Printfarm. However, we are not responsible for the contractual performance of the respective provider. If you as a user have reason to complain, we would be happy to receive the appropriate information.
3. Users must not misuse the services we provide. In particular, it is prohibited:
· spreading damaging software such as viruses, worms, Trojans;
· Attempts to collect or process data secretly or improperly;
· Use the services for sending spam, chain letters or other unsolicited content;
To make unauthorized advertising (e.g. for prohibited offers);
· To publish personal data of third parties, in particular images, names, addresses, telephone or fax numbers or email addresses without their prior consent or to collect them for the purpose of misuse;
· To publish advertisements for offers in which another purpose of the contract is obscured
· Produce, publish, advertise or convey fraudulent, extremist, racist, prohibited or glorifying violence or content about our services or products.
4. Users have to keep confidential data, especially passwords, secret. In the event of misuse or suspected abuse, the user must inform us immediately. It is initially assumed that all transactions made via the user's user account are attributable to the user and have been carried out by the user. Users reserve the right to prove that a transaction for which the user was not responsible was carried out by unauthorized third parties.
5. We can commission third parties to provide some or all of the services on this website. Our responsibility for legal or contractual obligations remains unaffected.
6. The user keeps us and our contractual partners free from all damages and expenses that arise from legal violations for which the user is responsible in connection with the use of our products, services and Internet offers. Keeping free also includes the costs of legal defense.
7. Our services do not include the provision of back-ups. The user undertakes to appropriately secure information fed in by him as part of our services before it is transmitted to us. For data loss, we are liable for the maximum effort that would have been required for the recovery if data had been properly backed up.
1. We generally make our internet offers available 24 hours a day, 365 days a year. However, we do not owe successful retrieval in individual cases. We do not owe the provision of our services with a certain time availability and are particularly entitled to interrupt the services for the purposes of care, maintenance, troubleshooting, to defend against or prevent improper use or in the event of any security problems. In the event of a temporary short-term unavailability, the right of the user to services that have already been paid for but not yet used is retained. There is no entitlement to reimbursement or withdrawal from the contract. We will only make interruptions to the required extent if there is sufficient reason and will eliminate them as soon as possible. We reserve the right to discontinue the online offer. In this case, the user receives a refund for services that have already been paid for but not yet used.
2. Subject to an expressly different agreement, we do not provide users with any specific, spatially limited storage space or dedicated hardware.
3. We reserve the right to change the technologies used (servers, operating systems, interfaces, software, websites) and means of communication and in particular adapt them to best meet the needs of state of the art technologies. Subject to the fulfillment of our contractual obligations towards the user, we are entitled to change, expand, restrict or discontinue our services in accordance with our reasonable judgment.
VIII. Rights of use / use for and by third parties
1. We reserve all rights to the services and content provided by us. The copying, downloading and distribution as well as the storage of the content of our website is not permitted without our express consent, with the exception of the contractual use.
2. Our products and services may only be used by third parties with our consent. Access by unauthorized third parties must be prevented by the user. The resale of our services requires our written consent. The user is responsible to us for all acts of use made via his user account and undertakes to fulfill all obligations arising in relation to the use of his user account, provided that there is no evidence of abuse or that we are responsible for.
3. The user grants us the non-exclusive right to reproduce, edit and utilize data and content which may be protected by copyright or otherwise, and which we store for the user in the scope of fulfilling our contractual performance obligations and for the purpose of data backup. In particular, the customer grants us the right to process order materials and other data submitted by him as part of the provision of our services and to pass this data on to contractors who may be considered for the respective order for contractual purposes. Insofar as the customer provides us with personal data or third party works, the customer is solely responsible for the legal admissibility of the orderly use by us and the respective provider.
4. The customer must ensure that specifications, templates and materials provided to us, in particular texts, graphic content, designs, layouts, sketches, drawings, color schemes and / or other content and specifications, do not violate third party rights when used in accordance with the contract / or violate legal provisions. We do not owe a legal examination. However, we should note that where an infringement of the law is obvious or that the implementation of a design requested by customers would violate legal regulations or morality, for example in the case of extremist, racist, discriminatory, pornographic, glorifying violence or belittling, inhumane or out of other reasons, we will inform the customer of this immediately. We are entitled to interrupt the execution of the service until any situation is clarified In these cases we are not obliged to carry out the contract and can withdraw from the contract to the exclusion of further claims by the customer. The customer releases us from all claims by third parties as well as the costs of the necessary legal defense and any further damage we incur as a result, insofar as legitimate claims are made against our company by third parties due to legal violations for which the customer is responsible.
IX. Participation of the user
1. The user must provide us with all the information that is essential for the service relationship with him and must inform us in good time of any problems or change requirements. We can view the user's communications as correct and complete and are under no obligation to investigate.
2. The user is responsible for creating the conditions necessary in his operating sphere for the proper execution of the contract. This applies in particular to the hardware and software required to implement the service, unless it is expressly provided by us.
3. The user is liable for his cooperation, in particular he must check data carriers and files for viruses and other malware before handing them over to us using a current and state-of-the-art virus protection program.
4. The order communication takes place predominantly by email. The user ensures that he can receive order-related e-mails and that no filtering devices on his side prevent reception. The user also undertakes to check the receipt of essential emails for the order at appropriate intervals and to respond to order-related inquiries in good time and at short notice.
X. Terms of payment
1. Viewing content, contacting and other essential use services from Printfarm are free of charge to the customer.
2. Providers pay us a performance-based fee for their advertising and their display on Printfarm, which is agreed separately.
3. Unless otherwise agreed or provided, our invoices are due upon receipt and payable within 10 working days. Unless expressly agreed otherwise, advance payment is to be made after the order.
4. The user bears the costs incurred on his site, e.g. the costs for access to the Internet or for the transfer of data as well as any necessary license costs for software itself.
5. If the user is in default, we are entitled to make payment of the entire remuneration still to be paid by the user for the current and unfinished contract period and to suspend the service until the total claim has been completely settled. In this case, any agreed payment facilities will become invalid for future contract periods and the regular billing mode applies (usually annual payment in advance). In the event of default, we are also entitled to block the user's access to our services until all outstanding claims have been met.
6. The user only has the right to offset if his counterclaims are not disputed by us or have been legally established. The user is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
XI. Transfer of risk
1. Towards consumers, the risk of accidental loss and accidental deterioration of the object of purchase only passes to the customer upon delivery of the purchased item to the customer.
2. Only if the customer acts as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest when they are handed over. In the case of a mail order purchase, however, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, passes to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment as soon as the goods are delivered.
3. If the customer is in default of acceptance, fails to cooperate or our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage and transport costs).
XII. Retention of title
The delivered goods remain our property until all claims from the contract have been fulfilled; in the event that the customer is a legal person under public law, special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond from the current business relationship until settlement of all claims we are entitled to.
1. A material defect exists if the goods delivered by us do not have the agreed quality, if the goods are not suitable for the use as agreed or - if no quality has been agreed - they do not have the quality that the buyer has of the same kind would be expected. The agreed quality is based exclusively on the agreements made with us (order, order confirmations, any changes later confirmed by us). Circumstances affecting the aesthetic appearance or the design of a design can only justify a material defect if there is a deviation from an agreement made or if the usability of the item is impaired as a result.
2. Compared to entrepreneurs, the limitation period for claims for defects for goods delivered by us is 1 year and the limitation does not begin again if a replacement delivery is made within the scope of liability for defects. We are liable for material defects according to the applicable statutory provisions, in particular §§ 434 ff BGB, unless these General Terms and Conditions provide otherwise.
3. Our liability according to para. XIV of these terms and conditions, in particular due to claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (see No. XIV below), for damage under the Product Liability Act and for any guarantees assumed, remains subject to the restrictions of previous paragraph 1 unaffected. The statutory limitation periods for recourse according to § 478 BGB for entrepreneurs and our liability for fraudulent concealment of a defect remain equally unaffected.
4. The following provisions of this no. 4. apply only to commercial customers: Claims for defects from merchants require that they have complied with their statutory inspection and notification obligations (sections 377, 381 HGB). After delivery, the customer has to randomly examine the delivered goods for recognizable defects (incoming inspection). If there are recognizable defects in the delivery, we must be notified of this in writing immediately, but no later than one week after receipt of the goods. Obvious defects and recognizable transport damage, such as damaged packaging, must be reported to us immediately in text form. Defects that are not immediately apparent during the incoming inspection must be reported to us in text form within two weeks of their discovery. If the goods are only free from defects by means of test measures customary in the industry, the customer must carry them out immediately after delivery to the extent offered and immediately report any defect discovered. If a defect is not reported immediately within the above-mentioned deadlines, the goods are considered approved. In this case, the customer cannot assert any warranty rights against us from the defect in question. If the customer raises claims for defects, at our request, the customer must present the defect in a comprehensible manner and provide us with photos and samples of the goods that have been notified as defective so that we can check the complaint regarding the merits, scope, effects and subsequent performance options. We are entitled to make subsequent performance dependent on the surrender of the defective item.
5. A quality or durability guarantee (§ 443 BGB) on our part only exists for the goods delivered by us if these have been expressly offered and agreed by us. Any manufacturer guarantees remain unaffected.
6. Customers can raise any complaints and warranty claims at the address given in the provider identification.
XIV. Liability of the operator
1. We are liable for damage caused by us, our legal representatives or vicarious agents through gross negligence or willful misconduct and for the violation of essential contractual obligations (cardinal obligations). Liability for slight and simple negligence is excluded, regardless of the legal reason.
2. We are not liable for facilities or services outside our sphere of influence, in particular not for the non-availability of our services due to disruptions to the Internet or the services or facilities used to access the Internet or to provide access.
3. We are not liable to entrepreneurs for the compensation of indirect damage, especially for lost profit. In the case of a non-grossly negligent breach of a cardinal obligation, we are only liable up to the amount of the damage typically foreseeable at the time the contract was concluded.
4. Liability for damage to the body, life or health, any guarantees assumed and liability according to the Product Liability Act remains unaffected by the foregoing limitations of liability.
5. Insofar as our liability is limited or excluded, this also applies in favor of our legal representatives, organs and employees and accordingly also for claims for reimbursement of expenses.
XV. Right of withdrawal
Consumers have a statutory right of withdrawal:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
In order to exercise your right of withdrawal, you must contact us, Metapaper GmbH & Co. KG, Weimarstr. 35, 70176 Stuttgart, Germany, phone: +49 (0) 711 34 17 00 80, email: email@example.com, by means of a clear explanation (e.g. a letter sent by post, fax or email) via your Decide to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have to repay all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the condition, properties and functionality of the goods.
End of revocation
The right of withdrawal does not exist for distance selling contracts
• that we close with entrepreneurs within the meaning of § 14 BGB.
• for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer,
• for the delivery of goods if, due to their nature, they have been mixed with other goods after delivery
Withdrawal form template
(If you want to cancel the contract, please fill out this form and send it back.)
To Metapaper GmbH & Co. KG, Weimarstr. 35, 70176 Stuttgart, Germany, Email: firstname.lastname@example.org,
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable.
XVI. Contract text
The contract text is not saved by us and can no longer be called up once the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and receives a contract confirmation in accordance with the statutory provisions.
XVII. Out-of-court dispute resolution / consumer dispute settlement
1. The European Union has set up an online platform (“OS platform”) for out-of-court settlement of consumer disputes. The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can find the platform at https://ec.europa.eu/consumers/odr.
2. We are fundamentally not willing and also not obliged to participate in dispute settlement procedures before a consumer arbitration board.
XVIII. Final provisions
1. The law of the Federal Republic of Germany applies to the contract to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer.
2. If the contractual partner is a merchant, a legal entity under public law or a special fund under public law or if the contractual partner does not have a general place of jurisdiction within the Federal Republic of Germany, Hamburg is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
3. The possible ineffectiveness of individual provisions of these general terms and conditions does not affect the effectiveness of their remaining provisions. If applicable, the statutory provisions replace the ineffective points. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole will become ineffective.
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