Terms of Use

1. Subject of the contract

• The user is a merchant and as such acquires the simple, i.e. H. non-exclusive right to use the platform in accordance with the following conditions. The period of use depends on the duration of the contract and ends accordingly when the contract is terminated.
• The subscription entitles you to sell one or more products, depending on the scope selected by the user.
• The platform provides both the technological infrastructure to connect the user's shop to the platform and the physical product range.
• The user connects his shop system (Shopify) to the platform. To this end, he ensures that his shop is always up to date and meets the compatibility requirements of the platform. He selects the products he would like to sell in the dealer area of the platform. The user downloads the branding template with mandatory information and uploads his design based on it in the dealer area. He then imports the products into his shop and promotes them at his own risk and expense.
• Orders in the user's shop are automatically forwarded to the platform for further sales processing. The user first obtains all consent from his customers required under data protection law and adapts the information and functionalities of his shop accordingly. When an order is received by the platform, we automatically charge the user the applicable sales price and the shipping costs incurred for the order. We then start the branding/labeling and shipping process directly to the user's customer.

2. Data maintenance and rights; exemption

Mp The user guarantees that his data is correctly provided on the platform, including the existence of his rights to the data, logos, brands, designs or utility models and other characteristics. He assures that he has all rights to the uploaded documents, has the unrestricted exploitation rights of all data, that the data is free of third-party rights and that no personal rights are violated when depicting people. Should third parties nevertheless assert claims due to violation of their rights, the user releases us from all claims, including adequate legal costs.

3. Usage Fee

Fees are paid in full when the user account is debited and credited to us.

4. Delineation of responsibility

• We are responsible for the full functionality of the platform. The user is responsible for the full functionality of his shop system, including compatibility with the platform.
• The user is responsible for the accuracy of the customer data transmitted from his shop to the platform for the purpose of sales processing. He also ensures that his uploaded designs and other data are correct and meet the requirements of the platform.
• The user invoices his customers at his own responsibility and expense.
• The platform is responsible for the proper branding and shipping of the goods within one working day of the order being properly received on the platform. It invoices the user immediately after the goods have been dispatched.
• Both parties undertake to comply with all provisions required by data protection law.

5. Entry into force of this contract, termination of the contract

• This contract comes into force upon conclusion of the subscription and exists for an indefinite period of time unless it is terminated by one of the contractual partners with one month's notice to the end of the month.
• In addition to the other termination options specified in this contract, the parties are entitled to terminate the contract for exceptional reasons with immediate effect and without notice. An extraordinary reason is given in particular if one of the parties intentionally or through gross negligence violates one of the essential obligations arising from this contract to a serious extent and does not refrain from this behavior despite a warning or an omission is impossible/unsuitable.

6. Confidentiality

• The parties agree that absolute confidentiality will be maintained regarding the content of the contract towards third parties.
• All mutually provided information and documents, including this contractual document, must be treated confidentially and used only for the fulfillment of the obligations under this contract. The only information and documents that are not confidential are those that are already publicly known or that are demonstrably already known to one of the parties without violating a confidentiality agreement, legal regulations or official orders, with the exception of the information that became known in the course of initiating business. The duty of confidentiality does not apply to third parties who are professionally obliged to maintain confidentiality (lawyers/tax advisors).
• The confidentiality obligations continue to apply for a period of 2 years after termination of the contract, unless the information provided has become public.

7. Transfer of contractual rights and obligations; On Bill

• The rights and obligations of the user from this contract are not transferable to third parties
• The user is only entitled to offset and exercise a right of retention in connection with counterclaims that have been legally established or recognized by us in writing.

8. Effectiveness of contractual provisions, additional agreements

• The provisions of this contract apply exclusively, unless other agreements have been confirmed in writing (including email or fax) by both parties.
• Changes and/or additions to this contract as well as additional agreements must be agreed upon in writing (including email or fax) by the contracting parties in order to be legally effective. This also applies to the lifting of the writing requirement.
• If current or future provisions of this contract are wholly or partially not legally valid or lose their legal validity, the remaining contractual provisions remain unaffected.

9. Applicable law, place of jurisdiction

• This contract and all obligations arising from it are subject to the law of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods (CISG).
• The place of jurisdiction is Berlin.