Terms of Use and Terms and Conditions

A. General

These terms of use and business regulate the granting of rights of use to the applications developed by Market Consultive GmbH, Allgäuer Str. 20a, 87719 Mindelheim (MarketPrint) and made available free of charge via the Shopify App Store (apps.shopify.com). (A.I.) and MarketPrint's Print-on-Demand Terms and Conditions (A.II.). The Terms of Use and Terms and Conditions are part of all contracts for the use of the MarketPrint app offered by the Shopify App Store between MarketPrint and a user (“User/Customer“), unless and to the extent that something else is agreed in an individual contract.

The terms and conditions of use and business apply exclusively to entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB. We only recognize user conditions that conflict with or deviate from our terms of use and business if we expressly agree to their validity in writing.

I.  Terms of Use

1. General Questions

The MarketPrint App is a web application that does not require any downloads. An account is not required to use the MarketPrint app, as the user has

his Shopify.com account can link the MarketPrint app to his Shopify online store. The user is aware that, in addition to these MarketPrint terms and conditions of use, there may also be other terms and conditions of use of the Shopify App Store that must be taken into account as a priority, over which MarketPrint has no influence and for which MarketPrint therefore assumes no responsibility.

2.  Maintain and support the MarketPrint App

MarketPrint has no obligation to update the MarketPrint App and/or maintain regular updates and/or upgrades. However, MarketPrint always endeavors to keep the MarketPrint app up to date.

3.  Intellectual Property, Trademarks

The MarketPrint App, graphics, film clips, charts, photos and illustrations, user interfaces, audio clips, and editorial content contain proprietary content and materials owned by MarketPrint or third parties. All rights therein are owned by MarketPrint or third parties. This also applies if the user changes the MarketPrint app or connects it to his own programs or those of a third party. If and to the extent that content of the MarketPrint App contains intellectual property from third parties, it is guaranteed that MarketPrint has properly acquired this intellectual property from third parties and is entitled to use and further license it as part of a MarketPrint App. User may not use such protected content or materials in any manner other than as part of the intended use of the MarketPrint App in accordance with these Terms of Use.

We also respect intellectual property rights. As part of Print-on-Demand, all graphics, photos and files that you upload remain your property and you are solely responsible for them. We only use the uploaded data for the services we offer.

We are committed to following legal procedures in the event of intellectual property and trademark infringement.

All content such as images, illustrations, graphics, text, photos and other data is your content. We make no claim to it.

By accepting these Terms, you warrant that you own all rights and copyrights to the uploaded content. You also agree not to upload any content that is illegal, obscene, vulgar, defamatory, threatening or otherwise objectionable. For trademarks, brand names, brand logos, trade names and the like, you have the rights to reproduce them via our Services.

4.  Third Party Websites Disclaimer

The MarketPrint App may contain hyperlinks to third-party websites. MarketPrint does not endorse these third party websites or their content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If MarketPrint becomes aware of any legal violations, it will immediately remove such links. Furthermore, MarketPrint is not responsible for the availability of these websites or their content. The use of hyperlinks to these websites is at the user's own risk. In this context, MarketPrint is not liable for any damages caused by or as a result of the use of third-party websites. The use of links to external websites is therefore at the user's own risk.

5.  Usage Rights

Subject to the user's acceptance of and compliance with these Terms of Use, MarketPrint hereby grants the user a free, non-exclusive, non-transferable and perpetual right of use for the MarketPrint App (“License“) for the intended use of the MarketPrint app and to the extent required for this on any number of devices / on a suitable device(s).

Beyond the scope of §§ 69c ff. Copyright Act, the user may not copy the MarketPrint App, any updates and/or upgrades of the MarketPrint App or parts thereof, may not decompile, may not reverse engineer, may not disassemble, nor may he attempt to use the source code of the MarketPrint App to obtain, edit the MarketPrintApp or create derivative works from the MarketPrint App (unless and to the extent that any of the foregoing restrictions are prohibited by applicable law or the license terms governing the use of an open source component as part of the MarketPrint App, allow this).

Unless otherwise provided in these Terms of Use, the user may not distribute the MarketPrint App or make it available over a network through which it can be used by multiple devices at the same time. The user may not rent, lend, sell, transfer, redistribute or sublicense the MarketPrint App. If the user sells his device onto which he has downloaded the MarketPrint app to a third party, the user must remove the MarketPrint app from the suitable device before the sale.

The provisions of these Terms of Use also apply to any updates and/or upgrades provided by MarketPrint that replace or supplement the original MarketPrint App, unless such update and/or upgrade is subject to a separate Terms of Use. In this case, the update and/or upgrade will be subject to the provisions of the separate Terms of Use.

6.  Privacy

Since data protection is very important within MarketPrint, MarketPrint strictly adheres to legal requirements, in particular the General Data Protection Regulation, when collecting, using and processing personal data. Unless you are specifically informed about the processing of personal data by MarketPrint as the responsible body, you can find this information at www.marketprint.de/datenschutzerklaerung/.

7.  Termination, loss of rights of use

The license exists until it is terminated or deleted from the device by the user or by MarketPrint. Both the user and MarketPrint are entitled to terminate the contract at any time. User may terminate its legal agreement with MarketPrint at any time for any reason by deleting the Shopify App.

The usage rights granted under these Terms expire in the event of termination, so that the user is no longer entitled to use the MarketPrint App. Upon termination of the license, the user must cease all use of the MarketPrint App.

8.  Third party intellectual property rights

MarketPrint warrants that the MarketPrint App is free from third-party rights that restrict or exclude use in accordance with these Terms of Use. If the contractual use is impaired by third-party intellectual property rights, MarketPrint has the right to either modify the MarketPrint App in such a way that the impairment no longer occurs or to obtain authorization so that the MarketPrint App can be used without restrictions and without additional costs for the user in accordance with the terms of use .

MarketPrint's liability with regard to third-party intellectual property rights is in any case limited to the MarketPrint App and does not extend to third-party software that is required for the functionality of the MarketPrint App.

In any case, the user is obliged to immediately inform MarketPrint in writing if a violation of third party property rights is asserted against the user.

9.  Warranty

The user is only entitled to warranty claims for defects in the MarketPrint app if MarketPrint has fraudulently concealed them.

10.  Limitation of Liability

MarketPrint provides the MarketPrint App with reasonable care and only on an “as is” basis. MarketPrint makes no representations or warranties regarding the MarketPrint App. MarketPrint is liable for damages caused by or as a result of the use of the MarketPrint app only for intent and gross negligence.

11.  Statute of Limitations

Any claims for damages and reimbursement of expenses by the user expire after 2 years from the termination of the link between the user's account at Shopify.com and the MarketPrint app. The limitation period does not apply if MarketPrint has fraudulently concealed the defect or is liable for other legal reasons.

12.  Changes to MarketPrint App Content

MarketPrint reserves the right to change, modify or offer different services offered in the MarketPrint app, unless this is unreasonable for the user (e.g. if and to the extent that the user has received certain services for a fee).

MarketPrint also reserves the right to change or modify the services offered in the MarketPrint app or to offer different services.

• to the extent that MarketPrint is obliged to ensure that the functionalities offered by MarketPrint comply with the law applicable to the services, in particular if the applicable legal situation changes;

• to the extent that MarketPrint thereby complies with a court judgment or an official decision directed against MarketPrint;

• to the extent that the respective change is necessary to close existing security gaps;

• if the change is merely beneficial to the user; or

• if the change is of a purely technical or procedural nature without any significant impact on the user.

Changes that have only an insignificant impact on the functions of the MarketPrint App do not constitute changes to performance within the meaning of this section. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.

13.  Changes to these Terms

MarketPrint reserves the right to change these Terms of Use of the MarketPrint App at any time in relation to any equivalence or gap in the regulation and to subject the user's use of the MarketPrint App to new or additional conditions, with the aforementioned changes expressly being made

will not relate to the content of the services provided by MarketPrint through the MarketPrint App. Such changes and the reasons for these changes will be communicated to the user, will take effect immediately as soon as they have been accepted and will then be integrated into these Terms of Use. If the user does not object to these changes within ten (10) calendar days of their notification, the user is presumed to have agreed to them.

In the event that the User does not accept the changes, MarketPrint may terminate this Agreement with the User. If the user does not expressly accept the changes but continues to use the MarketPrint App, this is deemed to be tacit acceptance of the changes.

14.  Miscellaneous

These Terms constitute the entire agreement regarding the use of the MarketPrint App between the user and MarketPrint.

Should individual provisions of these terms of use be or become wholly or partially void or ineffective, this will not affect the effectiveness of the remaining provisions. In place of unincorporated or ineffective conditions, MarketPrint and the user will make an effective regulation in place of the void or ineffective provision that comes as close as possible economically to it, provided that no additional contractual interpretation takes precedence or is possible.

These terms of use regarding the use of the MarketPrint App are subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (“CISG“) and the German collision rules.

II.  MarketPrint App Terms and Conditions

1. Scope

For all print on demand orders via our MarketPrint app, the following terms and conditions apply exclusively to entrepreneurs in the sense of the term. §§ 14, 310 Paragraph 1 BGB. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this. Express reference is made to Section A I “General”.

2.  Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with MarketPrint when the customer orders the goods from the shop operator in their Shopify online shop and this order is submitted to MarketPrint as a processing request in the Shopify shop system and accepted by MarketPrint.

The invoice amount for the ordered goods will be sent to the shop operator of the Shopify online shop and collected there with the consent of the shop operator. The Spop operator can find the invoice in the MarketPrint app.

For interface connections, such as Shopify, by activating the interface mentioned, the customer agrees that orders transmitted to us by the shop system may be processed and invoiced. This can be objected to as long as the status of the order is “in production”. Subsequent cancellation is not possible if individualized production has already begun.

3.  Contract language, contract text storage

The language (s) available for the conclusion of the contract: German

4.  Contractual Obligations

• Obligation to perform, replacement delivery

MarketPrint's obligation to provide services is during the term of the contract

to maintain a portfolio of printable products (textiles, etc.), which can be seen in the product overview of the MarketPrint app. From this product portfolio, customers should be able to select which products (in which colors, sizes, etc.), provided with the respective customer design, should automatically be offered for sale in their respective shops. MarketPrint will also print the products from the product portfolio that are ordered by end customers via the MarketPrint App with the ordered design and deliver them to the end customer within the delivery times specified in the offer for the respective countries. MarketPrint will periodically communicate changes to the prices of its goods and services to the customer.

If a product from the portfolio is no longer available due to the respective manufacturer, MarketPrint reserves the right to temporarily use a replacement product that is at least equivalent. In individual cases there may be minor deviations compared to the original product. This results in no additional costs for the customer, even if the replacement product is of higher quality.

(2)  Optional storage

As part of the MarketPrint app, MarketPrint optionally offers, in addition to the print-on-demand products from MarketPrint's portfolio, the ability to store other products offered by the customer in their online shop at their request for a fee and to ship them to the end customer's order.

The customer can submit a storage request via the MarketPrint App. The price depends on the individual space requirements of the products and goods to be stored. We calculate the space required based on size and number of pieces and make the customer an offer, which they must bindingly agree to. Only then do costs arise.

(3)  Optional returns service

MarketPrint also offers customers an optional returns service as part of the MarketPrint app. Returns of printed textiles are checked by MarketPrint according to the following criteria:

1. Are the returned products unworn (free of sweat, deodorant, perfume residue or similar)?

2. Are the returned products otherwise free of defects and undamaged (free of holes, tears, dirt or similar, applies to textiles and printing)?

3. Product type and size in combination with the motif

Defective and unworn returns will be stored by MarketPrint at the customer's request. If the same item is ordered again, the stored return item can be sent instead of new production in order to avoid new production.

This option can be booked via the MarketPrint app in the customer's online access. Costs will only be incurred once the order confirmation has been received, which the customer receives by email.

(4)  Optional branding

Optionally, MarketPrint offers a branding service as part of the MarketPrint App, in which the items printed by MarketPrint can be provided with the customer's own label. For this purpose, MarketPrint offers various types of labels, which can be optionally added to the cost.

This option can be booked as part of the MarketPrint app via the customer's online access. There he can choose from the various label and insert options and submit his desired design. Before making the binding booking, he receives a preview to view, which he must approve for production. Only then will the agreed costs be incurred.

5.  Delivery conditions

• In addition to the stated product prices shipping costs may still apply. For further details on any applicable shipping costs, please refer to the offers.

We only deliver by shipping. Unfortunately, a self collection of the product is not possible.

• As soon as we have handed over your order to our service provider DHL or Deutsche Post, the risk of damage to the goods and possible loss passes to you. Claims for loss and damage must be reported to us no later than 30 days after the estimated delivery date. We accept no liability for missed delivery dates due to incorrect information/typing errors in changes to the delivery address that can no longer be taken into account after the order has been placed. You have the option to cancel the order (if the order is still unprocessed) and place it again. We reserve the right to pause or cancel the order if there is incorrect or missing information in the delivery address.

• In individual cases there may be a delay due to various factors (delivery bottlenecks, public holidays, high capacity utilization). We assume no liability or pay compensation for late deliveries.

6.  Payment

The following payment methods are generally available to you in our MarketPrint app:

Accepted payment options are Paypal and credit card via Stripe.

7.  Right of withdrawal

Entrepreneurs have no right of withdrawal. Furthermore, our offer exclusively concerns individually manufactured goods that are not subject to the right of withdrawal.

8.  Retention of title

The goods remain our property until full payment and will only be dispatched after full payment.

9.  Transport damage

If goods are delivered with obvious transport damage, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

10.  Intellectual Property

We respect intellectual property rights and ask that you do the same. All graphics, photos and files you upload remain your property and you are solely responsible for them. We only use the uploaded data for the services we offer. If we become aware of any copyright infringement, we will immediately remove the content.

All content such as images, illustrations, graphics, text, photos and other data is your content. We make no claim to it.

By accepting these Terms, you warrant that you own all rights and copyrights to the uploaded content. You also agree not to upload any content that is illegal, obscene, vulgar, defamatory, threatening or otherwise objectionable. For trademarks, brand names, brand logos, trade names and the like, you have the rights to reproduce them via our Services.

11.  Warranty and Guarantees

• Liability law for defects

• The statutory right to liability for defects applies.

• If you are an entrepreneur, the above warranty regulations apply:

1. As a condition of the thing only our own information and the product description of the manufacturer as agreed apply, but not other advertising, public claims and expressions of the manufacturer.

1. In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance, provided that the delivery does not correspond to the intended use of the goods

1. The warranty period is one year from date of delivery. The shortened deadline does not apply: – to culpably caused damages attributable to us resulting from injury to life, body or health and to other damages caused intentionally or through gross negligence; – if we fraudulently concealed the defect or provided a guarantee for the quality of the item

have; – for items that were used for a building in accordance with their normal use and caused its defects; – in the event of legal recourse claims that you have against us in connection with defect rights.

11.2. Production-specific features, complaints

• In all manufacturing processes for individual products, minor deviations and tolerances from other orders or individual pieces cannot be objected to. This applies in particular to:
  • minor color variations between two or more orders,
  • slight color differences compared to a previous order,
  • Dimensional tolerances due to production and material
• We would like to point out that due to individual image scaling, the print result may visibly differ from the resolution of an original. This means that the larger the image scaling, the lower the image resolution and thus the resulting print quality. MarketPrint is not liable for poor quality print products resulting from low resolution of files uploaded by the customer.
• The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

11.3. Products

• Our aim is to design our processes and product presentation as well as possible. However, it is not possible for us to guarantee that the information we provide in text, form and images on our pages is 100% correct. Deviations include color representations, motif positioning, sizes and orientations, image sections, text information, availability and delivery times.

• In the event of availability or other delivery problems, MarketPrint reserves the right to issue a replacement blank for printing and order processing. MarketPrint guarantees that these are products of at least the same quality standards. In this case, you will receive a notification on the homepage of the MarketPrint app within 48 hours from Monday to Friday (excluding public holidays).

We reserve the right to change prices, packaging and shipping, specifications and all related services without notice.

12.  Liability

• Liability of the customer for his own shop

The customer is fully responsible to his end customers and third parties for the content in his online shop.

12.2. Disclaimer

To the extent permitted by law, MarketPrint and its legal representatives and vicarious agents are only liable for intent or gross negligence. As far as essential contractual obligations are concerned (consequently those obligations whose compliance is of particular importance for achieving the purpose of the contract), liability is also assumed for minor negligence. Liability is limited to the foreseeable, contract-typical, immediate, average damage. In the event of a grossly negligent breach of non-essential contractual obligations, MarketPrint is only liable to entrepreneurs to the amount of the foreseeable, contract-typical, direct average damage.

12.3. Reservation of liability

The above exclusion of liability does not affect liability for damages resulting from injury to life, body or health.

12.4. Liability according to the Product Liability Act

The liability under the Product Liability Act remains unaffected by the above regulations.

13.  Pricing

Unless otherwise stated, the prices shown are net prices.

14.  Final Provisions

• German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).
• The place of performance for all services arising from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
• The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply

15.  Severability Clause

Should individual provisions of these terms and conditions be or become ineffective in whole or in part, or should they contain a loophole, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective legal regulations take the place of the invalid or missing provisions.

(Stand 27.03.2023)