1 Scope
These General Terms and Conditions govern the contractual relationship between Discontia GmbH, Herkulesstr. 9–11, 45127 Essen (hereinafter referred to as “Printegy”) and the customer. They apply to the use of the offers listed on the platforms www.printegy.de and app.printegy.de as well as to the services available there.
The General Terms and Conditions apply in the version valid at the time the contract is concluded. Any conflicting terms and conditions of the customer are hereby expressly rejected.
The contractual languages are German and English.
2 Subject Matter of the Contract
Printegy offers print-on-demand services via the platform app.printegy.de exclusively for business customers. These services are primarily intended to enable the customer to connect their own online shops with app.printegy.de and to offer items from the app.printegy.de portfolio, printed with their own designs, for sale. Orders placed in the customer’s online shop are forwarded directly to Printegy. The items are provided by Printegy, printed with the customer’s design, and shipped directly to the end customers on behalf of the customer.
Business customers may set up a customer account on app.printegy.de free of charge. Within this account, the customer can connect their business seller accounts or online shops on various marketplaces to app.printegy.de via the provided interfaces. The customer selects products from the portfolio offered on app.printegy.de, which are then printed with their own design (graphic) and sold in their online shop.
3 Conclusion of the Contract
The contract is concluded upon the customer’s registration on the platform app.printegy.de. The offer of app.printegy.de is reserved exclusively for business customers. To use the services of app.printegy.de, the customer must create a user account.
The GTC in their current version are stored by Printegy and can be accessed at any time at: https://printegy.de/agb. As part of registration and the use of services, the data provided by the customer will be stored by Printegy.
4 Contractual Obligations of Printegy
Printegy undertakes to keep the platform app.printegy.de available during the term of the contract for integration with the customer’s online shop via the relevant interfaces. Printegy provides interfaces for various marketplaces, as shown at https://printegy.de/integrationen.
Printegy offers customers a portfolio of printable products (textiles, etc.) on app.printegy.de. The full product range can be accessed at https://printegy.de/preise. The customer selects products from this portfolio to be printed with their design and sold via their online shop. Printegy’s task is to print the selected products with the corresponding design and deliver them to the end customer within the delivery times specified for each country at https://printegy.de/preise.
Customers will be informed by Printegy of any changes to prices for goods and services .
If a product from the portfolio is temporarily unavailable, Printegy reserves the right to offer at least an equivalent replacement product. Minor deviations from the original product may occur. The customer will not incur additional costs, even if the replacement product is of higher quality.
5 Contractual Obligations of the Customer
The customer is obliged to provide truthful and complete personal data when setting up their customer account. The customer must keep login credentials confidential and not disclose them to unauthorized third parties. If there is reason to believe that the data has been obtained by an unauthorized third party, the customer must immediately change their password.
The customer bears full responsibility for the legality of the offers in their online shop as well as for communication with the end customer. The contractual partner of the end customer is solely the customer, not Printegy.
If the end customer notifies the customer of defects, incorrect deliveries, and/or quantity discrepancies, the customer must forward such notification to Printegy in text form within 24 hours of receipt. Furthermore, the customer must immediately give Printegy the opportunity to inspect the alleged defects.
The customer is responsible for ensuring that their credit account (“Wallet”) on app.printegy.de always has sufficient funds.
6 Costs
- Product costs (including print)
The costs incurred by the customer when selling an item (including print) via app.printegy.de are listed on the respective product overview pages of app.printegy.de. A complete list is available at https://printegy.de/preise. The prices valid at the time of the end customer’s order apply. All prices are exclusive of applicable VAT.
- Shipping costs
Shipping costs charged by Printegy and billed to the customer depend on the destination country. The applicable shipping costs are listed at https://printegy.de/preise. The prices valid at the time of the end customer’s order apply.
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End customer prices in the customer’s online shop
Taking into account the aforementioned costs retained by Printegy after an order, the customer is free to set the end customer price in their online shop.
7 Billing and Payment via “Wallet”
Billing is based on the prices valid on the day the order is received by Printegy. Payment for services by the customer is made via the so-called “Wallet.” The “Wallet” is the customer’s credit account on app.printegy.de. The costs for the services used (product costs including print, shipping costs) are automatically deducted by Printegy from the customer’s Wallet after an end customer order. Through the dashboard of app.printegy.de, the customer can view all transactions at any time. The customer is responsible for ensuring that their Wallet always has sufficient funds. As long as the Wallet does not have the necessary balance, Printegy is entitled to withhold the processing of orders.
8 Term and Termination
(1) The contract is concluded for an indefinite period and may be terminated by either party at any time without stating reasons, with immediate effect, in text form. If the Printegy account of the designer is deleted by the designer or by Printegy, this is deemed equivalent to termination. Upon termination of the contract, the customer is responsible for promptly deleting all offers linked to app.printegy.de from their online shop. Orders placed in the customer’s online shop after termination do not have to be processed by Printegy.
(2) If the contractual relationship between the designer and Printegy is terminated, the designer is obliged to delete the content provided by Printegy from their website. From the time of effective termination, Printegy is entitled to technically prevent further integration of the offers.
9 Warranty and Compensation
In the event of defects in the goods provided and printed by Printegy, Printegy shall, at its discretion, provide warranty and replacement delivery, provided the defects are not insignificant.
10 Copyright and Trademark Rights to Print Designs, Indemnification
By providing their own design or otherwise influencing the product (text personalization, customization), the customer assures Printegy that the text and design are free of third-party rights. In the event of copyright, trademark, personality, or name rights violations, the customer bears full responsibility.
The customer indemnifies Printegy against all claims and demands asserted as a result of such third-party rights violations, insofar as the customer is responsible for the breach of duty. The customer shall reimburse Printegy for all defense costs and other damages incurred.
11 Technical and Design Deviations
Printegy reserves the right, in the performance of the contract, to make deviations from the descriptions and specifications in brochures, catalogs, and other written or electronic documents with respect to material quality, color, weight, dimensions, design, or similar characteristics, insofar as such deviations are reasonable for the purchaser. Reasons for such changes may arise from customary commercial fluctuations and technical production processes.
Before production of the goods, Printegy creates a visualization of the final product based on the data submitted by the customer. Printegy points out that this visualization is merely a non-binding preview and that deviations in scale, positioning, and colors may occur during production.
Over- or under-deliveries of up to 10% may occur due to production reasons and will be accounted for accordingly.
12 Color Designations, Size Specifications, Washing Behavior
The color designations and size specifications used by Printegy and/or the manufacturers are chosen by them and are therefore not subject to any standardization. As a result, color and size differences may occur between different manufacturers and their products.
With regard to displayed colors, it is expressly noted that the representation of a color may vary depending on the screen. Therefore, the color shown in the shop may not fully correspond to the actual product color. Furthermore, in digital printing, different printing results may occur depending on the textile and the textile batch. A colorfast and consistent print result is therefore not guaranteed.
Textile items must be washed before first use. Due to production processes, chemical residues may be present on the textiles. While these residues are harmless to health, they may react with body sweat when worn, leading to discoloration of the textiles. Such discoloration does not constitute a defect.
13 Alternative Dispute Resolution
The EU Commission has established an online platform for the virtual resolution of disputes concerning contractual obligations from online contracts (OS platform). Printegy is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Customers can access the OS platform at the following link: http://ec.europa.eu/consumers/odr/.
14 Final Provisions
Amendments to these General Terms and Conditions must be made in writing in order to be valid. The same applies to any waiver of the written form requirement.
The contractual relationship and these General Terms and Conditions are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from this contractual relationship and these General Terms and Conditions is the registered office of Printegy in Essen.
The place of performance for obligations arising from the contractual relationship is agreed to be the registered office of Printegy in Essen.
15 Returns Management
(1) For all shipments for which a return label (return slip) has been created via our portal or which are sent to our return address, the conditions, processes, and prices of our returns program automatically apply. A separate activation or consent by the customer is not required.
(2) Any deviating handling, in particular free storage, forwarding, or return outside of the returns program, is excluded.
(3) Customers who do not wish for their returns to be automatically recorded and processed are obliged to use their own return address and to clearly communicate this to their end customers. If returns are nevertheless sent to our address, paragraph 1 shall apply accordingly.
General Terms and Conditions for the Affiliate Partner Program of Printegy GmbH
1 Scope
(1) These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between Printegy GmbH, Herkulesstr. 9–11, 45127 Essen, and the partners (hereinafter “Partners”) of the affiliate program for the platform http://app.printegy.de/.
(2) Our services are provided exclusively on the basis of these GTC. Deviating terms and conditions of the Partner require our express written consent and shall not apply even if we do not expressly object to them.
2 Conclusion of Contract
(1) A contract for participation in the affiliate program between us and the Partner is concluded exclusively via our online application procedure by e-mail. By submitting the application, the Partner makes an offer to participate in the affiliate program and accepts our Affiliate GTC. A contract is only concluded when we expressly accept the offer and confirm this by e-mail.
(2) After receiving the approval e-mail from Printegy and after carrying out promotional activities, the Partner shall inform us by e-mail which users will register a new account with us as a result of their efforts. Users who register their account before receipt of this e-mail will not be considered; it must not be an account of the Partner themselves. The registration of the referred users must take place within 30 calendar days after receipt of this e-mail. Users who register after this period will not be considered.
(3) There is no entitlement to participate in the affiliate program or to conclude a contract with us. We reserve the right to reject Partners without giving reasons.
3 Subject Matter of the Contract
(1) The subject of this contract is participation in the affiliate program, which aims to increase the sale of our products via the platform http://app.printegy.de/. The Partner attracts users through their marketing activities, who, in accordance with Section 4.3 of these GTC, register on our platforms and place orders there. Participation in the affiliate program is free of charge for the Partner.
(2) The Partner independently promotes through their marketing activities on their own channels (hereinafter “Partner Channels”). The Partner is free to decide on the placement and duration of the content on the Partner Channels and may remove it at any time.
(3) For the successful referral of transactions and resulting product orders by newly acquired customers, the Partner receives a referral commission. Details are set out in Section 7 of these GTC.
(4) The affiliate program does not establish any further contractual relationships between the parties beyond this contract.
4 Functionality of the Affiliate Program
(1) The Partner informs us by e-mail of their intention to participate in the affiliate program.
(2) After receiving the approval e-mail from Printegy and after carrying out promotional activities, the Partner shall inform us by e-mail which users have registered with us as a result of their efforts. Users who register before receipt of this e-mail will not be considered. The registration of the referred users must take place within 30 calendar days after receipt of this e-mail. Users who register after this period will not be considered.
(3) The Partner receives a monthly overview of the referred users and the commissions earned. There is no entitlement to contest the overview.
5 Our Obligations
(2) We ensure the allocation of orders generated by users referred by the Partner.
(3) We operate our platforms and the services offered there at our own discretion within the scope of the technical possibilities available to us. Within this framework, we do not guarantee error-free and/or uninterrupted availability of the website. The quality and accuracy of the products and advertising materials offered on our website are at our sole discretion.
(4) We undertake to pay remuneration in accordance with Section 7, subject to the conditions set out therein.
6 Rights and Obligations of the Partner
(1) The Partner is solely responsible for the content and ongoing operation of the Partner Channels. During the term of this contract, the Partner may not place any content there that violates applicable law, public decency, or third-party rights, or that is likely to damage our reputation. We are entitled, but not obliged, to review the Partner Channels. In particular, the dissemination of content is prohibited that includes:
Racism,
Glorification of violence and extremism of any kind,
Calls for and incitement to criminal acts and/or violations of the law, threats against life, limb, or property,
Incitement against persons or companies,
Statements violating personal rights, defamation, insults, and slander of users and third parties as well as violations of competition law,
Copyright-infringing content or other violations of intellectual property rights,
Sexual harassment of users and third parties.
Such content may neither be integrated into the Partner Channels themselves nor may the Partner Channels link to corresponding content on other websites.
(2) Any form of abuse is prohibited, i.e., the generation of leads and/or product orders through unfair methods or impermissible means that violate applicable law and/or these GTC. In particular, the Partner is prohibited from attempting, either themselves or through third parties, to generate leads, orders, and/or sales or to attribute them to the Partner by means of the following practices:
Falsification of leads and product orders that did not actually take place, e.g., by unauthorized use of third-party or false or non-existent data when ordering goods on our website,
Use of advertising formats that enable tracking but do not display the advertising medium, or do not display it perceptibly or in the prescribed form and/or size,
Cookie Dropping: cookies may not be set upon visiting the website, but only when the user of the Partner website has voluntarily and consciously clicked on the advertising medium beforehand,
Other forms of affiliate fraud (in particular cookie spamming, forced clicks, affiliate hopping) as well as the use of layers, add-ons, iFrames, and postview technology to increase the number of leads,
Use of legally protected terms belonging to us or third parties, e.g., in search engines, advertisements, or to promote the Partner website without our express prior written consent. The Partner may not operate websites that could cause confusion with us or our products. They may not copy our website, landing pages, or other appearances or use our graphics, texts, or content. The Partner must avoid creating the impression that the Partner Channels are a project of ours or that they are economically connected with us, except within the framework of the affiliate program and this contract. Any use of our materials or content, including logos or trademarks, requires our prior written consent.
The Partner may only operate one account for the platform under the affiliate program. The Partner is expressly prohibited from operating multiple accounts with different e-mail addresses.
The Partner may not use the affiliate program for their own sales.
(3) The Partner undertakes to operate the Partner website in compliance with applicable law and, in particular, to maintain a proper legal notice (imprint).
(4) E-mail advertising containing advertising materials or otherwise promoting us may only be carried out if it has been approved by us in advance. In addition, all recipients must have given their express consent to receive advertising by e-mail, and verification of the e-mail address must be carried out and documented using a double opt-in procedure.
(5) The Partner shall immediately remove advertising materials from the Partner Channels if requested to do so by us. This also applies to channels on which we no longer wish the advertising materials to be integrated for any reason.
(6) The Partner shall not place context-based advertisements (e.g., social media ads on Facebook and Instagram, Google AdWords, or AdSense) that contain our name, company keywords, or trademarks, or that are delivered due to the use of corresponding keywords. The same applies to the names of our products.
(7) The Partner undertakes to refrain from electronic attacks of any kind on our tracking system and/or our websites. Electronic attacks include, in particular, attempts to overcome, circumvent, or disable the security mechanisms of the tracking system, the use of computer programs to automatically read data, the distribution of viruses, worms, Trojans, brute force attacks, spam, or the use of other links, programs, or procedures that may damage the tracking system, the affiliate program, or individual participants in the affiliate program.
7 Remuneration
(1) The Partner shall receive performance-based remuneration for product orders generated by a user referred by them.
(2) The entitlement to payment of remuneration arises only under the following conditions:
A user has registered on app.printegy.de through the Partner’s promotional activities in accordance with Section 4.3 and has placed product orders.
Product orders have been recorded (“tracked”) by us.
Product orders have been approved and confirmed by us.
No abuse within the meaning of Section 6.2 of these GTC has occurred.
(3) A successful product order is deemed to be an order placed via app.printegy.de for one or more products that has been paid for, produced, and shipped. Reversals (e.g., in cases of non-payment by the end customer or refunds) are not considered successful product orders.
(4) Orders placed by the Partner themselves or by economically affiliated companies are not eligible for remuneration.
(5) The amount of remuneration is based on the number of individual products ordered or sold by the referred user. The Partner shall receive 5% of the net sales price per sold, produced, and shipped product. The net sales price is the price listed in the catalog for a one- or two-sided print without additional services such as branding, labeling, shipping, or other add-ons.
(6) The maximum commission period per referred user is 12 months from the date of their registration. After this period, the commission entitlement expires.
(7) All stated commissions are net amounts and will be paid plus 19% VAT, provided proof of VAT liability is given.
8 Settlement
(1) The commission will be credited monthly to the Partner’s internal account after the product has been shipped. Payment of remuneration to the Partner’s PayPal Wallet can be requested by e-mail. Payment of remuneration claims can be made from a minimum payout amount of EUR 10. The Partner may also request smaller amounts, subject to a flat processing fee of EUR 5, which will be deducted from the payout amount.
(2) We will provide the Partner with a tax-compliant statement of remuneration claims by e-mail. The Partner shall review the statement without delay. Objections to a statement must be submitted to us in writing within four weeks. After this period, the statement shall be deemed accepted.
9 Liability
(1) Unlimited liability: We are fully liable for intent and gross negligence as well as under the provisions of the Product Liability Act. In cases of slight negligence, we are liable for damages resulting from injury to life, body, or health.
(2) Limited liability: In cases of slight negligence, we are only liable if a material contractual obligation is breached, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Partner may regularly rely (cardinal obligation). Liability is limited to the foreseeable and typical damages at the time of contract conclusion.
(3) No further liability on our part exists.
(4) These limitations of liability also apply to the personal liability of our employees, representatives, and corporate bodies.
10 Indemnification / Contractual Penalty
(1) The Partner shall indemnify us and our employees or agents against all claims by third parties arising from alleged or actual legal violations and/or infringements of third-party rights due to actions of the Partner in connection with the affiliate program. The Partner also undertakes to bear all costs incurred by us as a result of such claims, including reasonable costs of legal defense.
(2) In the event of any abuse pursuant to Section 6.2, the Partner undertakes to pay a contractual penalty, which shall be determined at our reasonable discretion and may be reviewed by a court in the event of a dispute. This contractual penalty shall not exceed twelve times the Partner’s highest monthly turnover in the six months preceding the abuse. Further claims for damages remain unaffected.
11 Rights of Use
(1) The advertising materials and other content are protected by copyright and/or other intellectual property rights. We grant the Partner a simple, non-exclusive right of use to these advertising materials for the duration and purpose of this contract.
(2) Any modification, reproduction, distribution, or public display of the advertising materials or a substantial part thereof requires our prior written consent, insofar as it goes beyond the rights granted in paragraph 1.
12 Confidentiality
(1) The Partner undertakes to keep all knowledge acquired in the course of the contractual relationship regarding our trade and business secrets or other confidential information strictly confidential for an unlimited period of time, to use it only for the purposes of this contract, and in particular not to disclose it to third parties or exploit it otherwise. Information designated by us as confidential shall be irrefutably deemed trade or business secrets.
(2) The content of this contract and the associated documents shall be treated as confidential by the Partner.
(3) The Partner must obligate their employees and all other persons contributing to the fulfillment of their contractual obligations to confidentiality in accordance with paragraphs 1 and 2.
13 Term of Contract and Termination, Suspension
(1) The contract is concluded for 12 months from the registration of the user account and may be terminated by either party at any time without notice and without stating reasons.
(2) The right to extraordinary termination for good cause remains unaffected. Good cause entitling us to extraordinary termination exists in particular in the following cases:
Negligent or intentional breach by the Partner of the obligations of this contract, in particular Sections 6.1 – 6.7 of these GTC.
Breach of obligations of this contract and failure to remedy or cease the breach despite our corresponding request.
A case of abuse within the meaning of Section 6.2.
(3) Termination may be effected by e-mail. A termination declared by us by e-mail shall be deemed received on the day it is sent to the e-mail address provided by the Partner in the customer account. We may also declare termination by blocking access to the Partner account. The Partner may also declare termination by deleting the Partner account. The contract ends upon receipt of the termination.
(4) Sales generated and products ordered after termination of the contract do not give rise to any remuneration obligation.
14 Final Provisions
(1) Should any provision of this contract be invalid, the validity of the remainder of the contract shall remain unaffected (severability clause).
(2) We reserve the right to amend these GTC at any time. Amendments will be communicated to the Partner by e-mail. If the Partner does not agree to the amendments, they may notify us within four weeks of receipt of the amendment notice. In this case, we have a special right of termination. If no notification is made within this period, the amendments shall be deemed accepted and shall take effect upon expiry of the period.
(3) This contract is governed exclusively by German law.
(4) If the Partner is a merchant, a legal entity under public law, or a special fund under public law, Essen shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and the Partner.