Terms & Conditions

Part A — General Terms and Conditions of PreQ GmbH

As of: April 2026

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "GTC") of PreQ GmbH, Ovelgönneweg 2, 28844 Weyhe, registered in the Commercial Register of the Local Court of Walsrode (hereinafter "Provider"), apply to all contracts concluded between the Provider and the customer (hereinafter "Client") via the online shops and portals operated by the Provider.

(2) These GTC are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Consumers within the meaning of § 13 BGB are excluded from using the Provider's services.

(3) Deviating, conflicting or supplementary general terms and conditions of the Client shall only become part of the contract if the Provider has expressly agreed to their validity in writing. This consent requirement applies in every case, even if the Provider renders services without reservation in knowledge of the Client's terms and conditions.

(4) In addition to these general provisions, the special provisions for the sale of goods (Part B) and/or the special provisions for SaaS services (Part C) shall apply depending on the type of service. In the event of contradictions, the special provisions shall take precedence over the general provisions.

(5) These GTC shall also apply to all future business transactions between the Provider and the Client, insofar as they are legal transactions of a related nature.

§ 2 Contracting Party

(1) The Client's contracting party is:

PreQ GmbH
Ovelgönneweg 2
28844 Weyhe
Germany

Managing Directors: Dietmar Prediger, Helmut Prediger
Email: kontakt@preq.eu
Phone: on request

(2) The Provider operates several online shops and portals under different domains. The relevant domain and the associated legal notice are shown on the respective online presence.

§ 3 Conclusion of Contract

(1) The presentation of goods and services in the Provider's online shops and portals does not constitute a legally binding offer, but a non-binding invitation to the Client to order goods or services (invitatio ad offerendum).

(2) By submitting an order via the online shop, the Client makes a binding offer to conclude a contract. The Client is bound by their offer for a period of five (5) working days.

(3) The Provider shall confirm receipt of the order without undue delay by means of an automatic confirmation email. This confirmation of receipt constitutes merely a confirmation of the receipt of the order pursuant to § 312i(1) sentence 1 No. 3 BGB and does not yet establish a contract.

(4) The contract is only concluded when the Provider accepts the Client's offer by means of a separate order confirmation by email or implicitly by executing the ordered service — in particular by shipping the goods or providing the SaaS service.

(5) The Provider reserves the right to reject orders without giving reasons. In this case, any payments already made will be refunded without delay.

§ 4 Prices and Payment

(1) All prices quoted are net prices in euros plus the applicable statutory value added tax. Any shipping costs are shown separately and are to be borne by the Client in addition, unless expressly agreed otherwise.

(2) The prices shown in the respective online shop at the time of the order shall apply.

(3) The following payment methods are available to the Client:

• Prepayment (Bank Transfer): The Client transfers the invoice amount after receipt of the order confirmation to the Provider's business account indicated on the invoice. Order processing begins upon receipt of payment.
• PayPal: During the ordering process, the Client is redirected to the PayPal website. To pay the invoice amount via PayPal, the Client must be registered or first register, authenticate with their credentials and confirm the payment instruction to the Provider. The payment transaction is carried out by PayPal immediately after submitting the order.

(4) Invoices are transmitted to the Client in electronic form (PDF) by email. The Client consents to electronic invoicing.

(5) Unless otherwise agreed, invoice amounts are due immediately upon invoicing without deduction.

(6) The Client shall be in default without further reminder if payment is not made within thirty (30) days after the due date and receipt of the invoice (§ 286(3) BGB). In the event of default, the Provider is entitled to charge default interest at a rate of nine (9) percentage points above the respective base interest rate of the European Central Bank (§ 288(2) BGB).

(7) Set-off against counterclaims of the Client or retention of payments due to such claims is only permissible insofar as the counterclaims are undisputed or have been finally adjudicated.

§ 5 Confidentiality

(1) Both contracting parties undertake to treat all confidential information of the other party obtained in the course of the business relationship — in particular trade and business secrets, technical data, calculations, customer data and pricing — in strict confidence and neither to make it accessible to third parties nor to exploit it in any other way.

(2) This confidentiality obligation does not apply to information that

• was already publicly known at the time of disclosure or subsequently becomes publicly known without fault of the receiving party,
• was demonstrably already known to the receiving party prior to disclosure,
• is disclosed to the receiving party by an authorised third party without any obligation of confidentiality, or
• must be disclosed due to a legal obligation or an official or judicial order.

(3) The confidentiality obligation shall continue for a period of three (3) years beyond the termination of the contractual relationship.

§ 6 Liability

(1) The Provider shall be liable without limitation for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider, its legal representatives or its vicarious agents.

(2) The Provider shall furthermore be liable without limitation for damages caused by intent or gross negligence of the Provider, its legal representatives or its vicarious agents.

(3) In the event of a breach of material contractual obligations (cardinal obligations), the Provider shall also be liable for slight negligence, but limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on the observance of which the Client may regularly rely.

(4) In all other respects, the Provider's liability — regardless of the legal grounds — is excluded. This applies in particular to damages from simple negligence, lost profits, indirect damages and consequential damages.

(5) Liability under the Product Liability Act (ProdHaftG) remains unaffected by the above provisions.

(6) To the extent that the Provider's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

§ 7 Data Protection

(1) The Provider collects, processes and uses personal data of the Client exclusively within the framework of applicable data protection regulations, in particular Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR) and the German Federal Data Protection Act (BDSG).

(2) Details on the type, scope and purpose of the collection, processing and use of personal data can be found in the Provider's privacy policy, which is available on the respective website and hereby forms part of these GTC.

(3) If the Provider processes personal data on behalf of the Client, the parties shall, if necessary, conclude a separate data processing agreement pursuant to Art. 28 GDPR.

§ 8 Applicable Law and Jurisdiction

(1) The laws of the Federal Republic of Germany shall apply exclusively to all legal relationships between the Provider and the Client, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Client is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the Provider's registered office in Weyhe. However, the Provider is also entitled to sue the Client at their general place of jurisdiction.

§ 9 Severability Clause

(1) Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the economic purpose of the invalid or unenforceable provision.

(2) The same shall apply to any regulatory gaps.

§ 10 Amendments to the GTC

(1) The Provider reserves the right to amend or supplement these GTC with effect for the future, insofar as this is necessary for objective reasons and the Client is not thereby disadvantaged contrary to the principle of good faith.

(2) Amendments to the GTC shall be communicated to the Client in text form (e.g. by email). The amended GTC shall be deemed approved if the Client does not object in writing within six (6) weeks after receipt of the amendment notification. The Provider shall specifically draw the Client's attention to the objection period and the consequences of silence in the amendment notification.

(3) If the Client objects to the amendment of the GTC in due time, the contractual relationship shall continue under the previous conditions. In this case, the Provider reserves the right to terminate the contractual relationship with due notice at the earliest possible date.

(4) For individual contracts already concluded, the GTC agreed at the time of the conclusion of the contract shall apply.

Part B — Special Provisions for the Sale of Goods

These provisions apply in addition to Part A to all contracts for the supply of goods, in particular labels, stickers, plastic cards and other print products.

§ 1 Ordering Process and Order Confirmation

(1) The Client selects the desired products in the online shop, configures them according to their specifications (e.g. material, format, quantity, finishing) and places them in the shopping cart. Before submitting the order, the Client has the opportunity to review all details and make any corrections.

(2) By clicking the order button "Place binding order", the Client submits a binding purchase offer.

(3) The Provider shall confirm receipt of the order without delay by email (order confirmation). This order confirmation does not constitute acceptance of the purchase offer. The contract is only concluded through the order confirmation or through shipment of the goods (cf. Part A, § 3).

(4) The Provider shall save the contract text and provide the Client with the order data and the GTC in text form (email).

§ 2 Print Data

(1) The Client is obligated to provide print-ready data in accordance with the print data specifications indicated on the respective product page. The Provider may provide data sheets and templates for this purpose.

(2) The Provider carries out a visual inspection of the uploaded print data (Print Check). This inspection covers technical printability (resolution, bleed, colour mode) and serves exclusively to prevent obvious production errors. No content review of the print data — in particular for spelling, grammatical or factual errors — is carried out.

(3) The content responsibility for the print data remains entirely with the Client. The Client warrants that they have the necessary usage rights to the submitted data (texts, images, logos, graphics) and that these do not infringe the rights of third parties. The Client shall indemnify the Provider against all third-party claims arising from an infringement of rights through the print data provided by the Client.

(4) The Provider archives the print data uploaded by the Client for a period of twelve (12) months after order completion in the customer account (Print Data Archive). This archive serves exclusively to facilitate reorders. The Client is responsible for backing up their original data. There is no entitlement to permanent storage.

(5) Delays caused by faulty, incomplete or non-print-ready data shall be at the Client's expense. The Provider shall inform the Client without delay of any defects identified in the print data.

§ 3 Production and Delivery Times

(1) All products are manufactured as custom products according to the individual specifications of the Client. Production is carried out by third-party suppliers commissioned by the Provider.

(2) The delivery times indicated in the online shop are non-binding estimates and only commence after full receipt of payment and availability of print-ready data. Binding delivery dates require express written confirmation by the Provider.

(3) The Provider is entitled to make partial deliveries, provided this is reasonable for the Client. Additional costs from partial deliveries shall be borne by the Provider.

(4) If delivery is delayed by force majeure, strikes, official measures or other circumstances beyond the Provider's control, the delivery period shall be extended accordingly. The Provider shall inform the Client without delay of such circumstances and the expected duration of the delay.

(5) In the event of a delivery delay for which the Provider is responsible, the Client may withdraw from the contract after the unsuccessful expiry of a reasonable additional period. Further claims shall be governed by the liability provisions in Part A, § 6.

§ 4 Shipping and Delivery

(1) Shipping is carried out to the delivery address specified by the Client by a parcel service provider selected by the Provider (e.g. DHL, DPD, UPS). The Provider is entitled to choose the shipping service provider at its own discretion.

(2) The shipping costs are shown separately in the ordering process before the order is submitted and are to be borne by the Client, unless free shipping has been expressly agreed.

(3) The Client may select the "Neutral Shipping" option during the ordering process. In this case, shipping is carried out without any visible reference to the Provider as the sender. The Client may specify their own sender address. The Provider accepts no liability for the accuracy of the sender data specified by the Client.

(4) The risk of accidental loss and accidental deterioration of the goods passes to the Client upon handover of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment (§ 447(1) BGB).

(5) The Client is obligated to inspect the delivery immediately upon receipt for transport damage and to report any damage to the transport service provider and to inform the Provider without delay.

§ 5 Retention of Title

(1) The delivered goods shall remain the property of the Provider until full payment of all claims arising from the contractual relationship (simple retention of title pursuant to § 449 BGB).

(2) During the existence of the retention of title, the Client is prohibited from pledging or assigning the reserved goods as security. Resale is only permitted to the Client in the ordinary course of business, provided that the Client also agrees a retention of title with their customers.

(3) In the event of conduct by the Client that is in breach of contract — in particular in the event of default in payment — the Provider is entitled to withdraw from the contract and demand the return of the goods in accordance with the statutory provisions.

§ 6 Warranty and Liability for Defects

(1) The statutory warranty rights shall apply with the following provisions:

(2) Limitation: Claims for defects by the Client shall become time-barred one (1) year after delivery of the goods (§ 438(1) No. 3 BGB in conjunction with § 438(4) BGB). This reduction does not apply to damages arising from injury to life, body or health, or in the event of intentional or grossly negligent conduct by the Provider.

(3) Inspection and Notification Obligation: The Client is obligated to carefully inspect the delivered goods immediately upon receipt and to notify the Provider of any recognisable defects without delay, but no later than within five (5) working days of receipt of the goods, in writing (§ 377 HGB). Hidden defects must be reported immediately upon discovery. If timely notification of defects is omitted, the goods shall be deemed approved.

(4) Production Tolerances: For print products, the following industry-standard tolerances do not constitute a defect:

• Colour Deviations: Minor deviations in print colours from the print data or advance samples — particularly with different printing substrates — are technically unavoidable and do not constitute a defect. One hundred percent colour accuracy can only be guaranteed with certified proofing processes.
• Cutting Tolerance: Deviations of up to ±1 mm in cutting and die-cutting are industry standard and do not constitute a defect.
• Quantity Deviation: Over- or under-deliveries of up to 10% of the ordered quantity are industry standard for custom products and will be charged or credited proportionately.

(5) Supplementary Performance: In the event of justified defect notifications, the Provider shall, at its discretion, provide supplementary performance by way of repair or replacement delivery. If supplementary performance fails twice, the Client may, at their discretion, demand a reduction of the purchase price (abatement) or withdraw from the contract.

(6) Claims for damages due to defects are governed by the liability provisions in Part A, § 6.

§ 7 Right of Withdrawal

(1) Since the Provider is directed exclusively at entrepreneurs within the meaning of § 14 BGB, there is generally no statutory right of withdrawal.

(2) Insofar as a consumer within the meaning of § 13 BGB concludes a contract with the Provider in an individual case, the Provider points out that a right of withdrawal is excluded for contracts for the supply of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs, pursuant to § 312g(2) No. 1 BGB. All print products offered by the Provider (labels, stickers, plastic cards, etc.) are individually produced according to customer specifications and fall under this exclusion.

(3) Further details on the right of withdrawal are set out in the separate withdrawal instructions provided to the Client during the ordering process.

§ 8 Cancellation

(1) Cancellation of the order by the Client is no longer possible after payment has been made, as production of the goods individually manufactured to customer specifications is initiated immediately upon receipt of payment (§ 312g(2) No. 1 BGB).

(2) Before receipt of payment, the Client may cancel their order free of charge. Cancellation requires text form (email to the Provider).

(3) Should the Provider agree to a cancellation after the start of production in individual cases and at the express request of the Client, the Provider is entitled to invoice the costs incurred up to that point (materials, pre-press, proportionate production costs).

Part C — Special Provisions for SaaS Services

These provisions apply in addition to Part A to all contracts for the provision and use of the Provider's cloud-based portals and software-as-a-service offerings.

§ 1 Service Description

(1) The Provider makes cloud-based software applications (Software as a Service, "SaaS") available to the Client via the internet. The SaaS services include in particular:

• Portals for the creation, management and publication of QR codes and digital labels,
• Portals for the creation and management of CE markings and declarations of conformity in accordance with the Machinery Regulation (EU) 2023/1230,
• Portals for the creation and management of Digital Product Passports (DPP) in accordance with the Ecodesign Regulation (EU) 2024/1781,
• as well as other cloud-based services as defined in the respective service description of the selected plan.

(2) The specific scope of functions results from the respective plan description at the time of contract conclusion. The Provider owes the provision of the software for use via the internet within the scope of the agreed plan. No installation at the Client's premises takes place.

(3) The Provider renders its services at the handover point — the data centre exit to the internet. The Client is responsible for their own internet connection as well as the provision and maintenance of the hardware and software required for access (browser, devices).

§ 2 Registration and Customer Account

(1) The use of SaaS services requires the registration of a customer account. The Client is obligated to provide complete and truthful information during registration and to update this information without delay in the event of changes.

(2) The Client is solely responsible for the confidentiality of their access credentials (username, password, API token). All actions carried out under their access credentials shall be attributed to the Client, unless the Client proves that a third party gained access to their credentials without their fault.

(3) The Client is obligated to inform the Provider without delay if they become aware of an unauthorised use of their account or if there are indications of misuse.

(4) The Provider reserves the right to temporarily suspend or permanently delete customer accounts in the event of a violation of these GTC. A temporary suspension shall be communicated to the Client with a statement of the reasons.

§ 3 Term and Termination

(1) The contract for the use of a SaaS service is concluded, depending on the selected plan, for an indefinite period with a monthly billing period or for a fixed term of one (1) year (annual subscription).

(2) Monthly Subscription: The contract may be terminated by either party with fourteen (14) days' notice to the end of the respective billing month.

(3) Annual Subscription: The contract is automatically renewed for a further year unless terminated by either party with one (1) month's notice to the end of the respective contract term.

(4) Free Plans: Contracts for free plans may be terminated by either party at any time without notice.

(5) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if

• the Client is in arrears with payment of at least two (2) monthly amounts despite a reminder,
• the Client repeatedly or seriously violates these GTC,
• insolvency proceedings are opened against the assets of a contracting party or the opening is rejected for lack of assets.

(6) Termination requires text form (email is sufficient). Termination may also be effected via the account management in the respective portal.

(7) Upon the termination taking effect, the Client's access to the SaaS services shall end. § 8 (Data Backup and Data Deletion) remains unaffected.

§ 4 Availability

(1) The Provider strives to achieve an availability of the SaaS services of 99% on an annual average, calculated on the total hours of a calendar year less the times for scheduled maintenance.

(2) Scheduled Maintenance: shall be announced to the Client at least 48 hours in advance where possible. The Provider shall schedule maintenance primarily during low-usage periods (night and weekend hours, Central European time zone). Scheduled maintenance periods do not count as downtime.

(3) No Availability Guarantee: The availability figure of 99% represents a target value, not a guarantee. The Provider is not liable for outages caused by circumstances beyond its control, in particular:

• force majeure, natural disasters, pandemics,
• disruptions to public telecommunications networks or the data centre infrastructure,
• DDoS attacks and other cyber attacks,
• circumstances attributable to the Client (e.g. faulty API calls, exceeding usage limits).

(4) The Provider shall initiate measures to restore availability without delay in the event of disruptions and shall inform the Client of the expected timeframe for resolution.

§ 5 Usage Rights

(1) The Provider grants the Client, for the duration of the contractual relationship, a simple (non-exclusive), non-transferable and non-sublicensable right to use the SaaS services as intended within the scope of the agreed plan.

(2) The Client may only use the SaaS services for their own business purposes. Use for the benefit of third parties — in particular as an application service provider, in the context of outsourcing or for commercial resale — is only permitted with the prior written consent of the Provider.

(3) The Client may not decompile, disassemble, reverse engineer or otherwise attempt to determine the source code of the software, unless permitted by mandatory law (§§ 69d, 69e UrhG).

(4) All rights to the software, including copyrights, trademark rights and patent rights, remain exclusively with the Provider. The Client acquires no ownership rights to the software through the contract.

(5) All rights to the content entered by the Client into the SaaS services (texts, images, data) remain with the Client. The Client grants the Provider a simple right of use insofar as this is necessary for the provision of the contractually owed service.

§ 6 Client Obligations

(1) The Client is obligated to comply with applicable legal provisions when using the SaaS services, in particular data protection law, copyright law, trademark law and competition law.

(2) The Client warrants that the content entered into the SaaS services — including the content of QR codes, digital labels, CE markings and Digital Product Passports —

• does not infringe the rights of third parties (in particular copyrights, trademark rights, personality rights),
• does not violate applicable law (in particular no criminal content, no violations of the Advertising of Medicinal Products Act, the Youth Protection Act, etc.),
• is factually correct and not misleading, particularly where it serves to fulfil statutory information obligations (e.g. nutritional information, CE declarations of conformity, DPP mandatory information).

(3) The Client is solely responsible for the factual accuracy of the information created and published via the SaaS services. The Provider merely provides the technical platform and assumes no liability for the accuracy, completeness or legal conformity of the content entered by the Client.

(4) The Client is prohibited from:

• using the SaaS services for sending spam, phishing or other unsolicited mass communication,
• introducing malware (viruses, trojans, malware) into the SaaS services,
• disproportionately burdening the Provider's infrastructure through excessive requests, automated mass queries or comparable measures,
• circumventing or manipulating security mechanisms of the SaaS services.

(5) The Client shall indemnify the Provider against all third-party claims arising from unlawful use of the SaaS services by the Client or with the Client's acquiescence. This includes the reasonable costs of legal defence.

§ 7 API Usage

(1) Insofar as the selected plan includes the use of application programming interfaces (APIs), the following provisions shall additionally apply.

(2) API Tokens: Access to the APIs is via individual API tokens (API keys). API tokens are confidential access credentials within the meaning of these GTC. The Client is obligated to keep their API tokens secret, protect them from access by unauthorised third parties and inform the Provider without delay if misuse is known or suspected. The Provider is entitled to block compromised API tokens without delay.

(3) Fair Use Principle: API usage is subject to a fair use principle. The Provider may set usage limits (rate limits) in the API documentation, in particular regarding the maximum number of requests per time unit. The Client undertakes to comply with these usage limits.

(4) Rate Limits: If the set rate limits are exceeded, the Provider is entitled to temporarily restrict or block API access. The Provider shall inform the Client of any restriction or block and state the reasons.

(5) API Changes: The Provider reserves the right to further develop and modify the API. Material changes that could affect existing integrations (breaking changes) will be announced to the Client at least thirty (30) days in advance. The Provider shall provide transition periods and migration assistance where possible.

(6) The Provider does not guarantee the uninterrupted availability of the APIs. § 4 (Availability) applies accordingly.

§ 8 Data Backup and Data Deletion

(1) Data Backup by the Provider: The Provider carries out regular data backups of the data stored in the SaaS services. The backups serve to restore data in the event of system failures and do not establish an independent right of the Client to the release of backup data.

(2) Own Data Backup: The Client is independently responsible for the regular backup of their data. Insofar as the SaaS services provide export functions, the Client is recommended to use these regularly. The Provider is not liable for data losses that the Client could have avoided through their own backup measures.

(3) Retention after Contract End: After termination of the contractual relationship, the Provider shall retain the Client's data for a period of ninety (90) days. During this period, the Client has the option of downloading their data via the available export functions or requesting the release in a commonly used machine-readable format.

(4) Final Deletion: After the retention period of ninety (90) days has expired, the Client's data will be irrevocably deleted, unless statutory retention obligations (in particular pursuant to §§ 147 AO, 257 HGB) prevent deletion. In this case, deletion shall take place without delay after the statutory retention period has expired.

(5) The Client may at any time before the expiry of the retention period request the immediate deletion of their data, provided that no statutory retention obligations prevent this. The right to erasure pursuant to Art. 17 GDPR remains unaffected.

§ 9 Upgrades and Changes

(1) The Provider continuously develops the SaaS services and is entitled to make improvements, extensions and updates (updates, upgrades) at any time in order to improve the functionality, security and performance of the SaaS services.

(2) No Reduction of Core Functionality: The Provider shall not materially restrict the contractually agreed core functionality of the selected plan during the contract term. Minor changes to the user interface, operating procedures or design do not constitute a restriction of functionality.

(3) Material changes to the scope of functions that noticeably impair the Client's use shall be announced to the Client at least thirty (30) days in advance. In this case, the Client shall have a special right of termination at the time the change takes effect.

(4) The Provider is entitled to change pricing structures and prices for the future. Price increases shall be communicated to the Client in text form at least six (6) weeks before taking effect. The Client has the right to terminate the contract extraordinarily at the time the price increase takes effect. If the Client does not exercise this right within four (4) weeks of receipt of the notification, the price change shall be deemed approved.