Terms & Conditions
Part A – General Terms and Conditions of PreQ GmbH
As of: 3 September 2026
§ 1 Scope, Platforms and Contracting Party
(1) These General Terms and Conditions (“GTC”) apply to contracts concluded via the online shops and portals operated by PreQ GmbH. Each platform is a sales or service channel of PreQ GmbH and is not a separate legal entity.
(2) The customer’s contracting party (“Client”) is PreQ GmbH, Ovelgönneweg 2, 28844 Weyhe, Germany, registered in the Commercial Register of Walsrode Local Court under HRB 213532, represented by its Managing Director, Dietmar Prediger (“PreQ”).
(3) The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. By placing an order, the Client confirms that it is acting in this capacity. PreQ may request appropriate evidence and may reject orders until such evidence has been provided.
(4) Any deviating, conflicting or supplementary general terms and conditions of the Client shall become part of the contract only if PreQ expressly agrees to their application in text form. Individual agreements shall take precedence.
§ 2 Contract Documents and Agreed Characteristics
(1) The following documents shall form part of the contract in the order of precedence stated: individual agreements or an expressly accepted cost estimate, the order confirmation or activation expressly designated as acceptance of the contract, the product, tariff or service description stored at the time the contract is concluded, including the selected configuration, incorporated data sheets and annexes, and these GTC.
(2) General information on the website, subsequent changes to the website, demo content or advertising statements shall become part of the contract only if they are expressly documented in the documents referred to in paragraph 1.
(3) Where the contract documents refer to technical standards, certificates or suitability, PreQ shall owe only the scope expressly described therein. Suitability for a particular purpose assumed by the Client shall be owed only if expressly agreed in text form.
§ 3 Conclusion of the Contract
(1) The presentation of goods and services is non-binding and does not constitute an offer to conclude a contract.
(2) By submitting an order or accepting an offer, the Client submits a binding offer to conclude a contract. An automated acknowledgement of receipt merely documents receipt and does not constitute acceptance.
(3) The contract shall be concluded only upon receipt of an order confirmation expressly designated as such and issued in text form. In the case of SaaS services, acceptance may also be effected by activation of the booked tariff expressly designated as acceptance of the contract. PreQ may accept the offer within five working days of receipt.
(4) In the case of individual enquiries, PreQ shall submit a non-binding offer unless otherwise stated. A contract shall be concluded upon acceptance of that offer within the acceptance period specified therein.
§ 4 Prices, Payment and Recurring Fees
(1) All prices are net prices in euros and are subject to statutory value added tax. Shipping, packaging and other additional costs shall be shown before conclusion of the contract where applicable.
(2) The prices shown in the order summary or offer shall apply. Unless otherwise agreed, one-time fees shall be due without deduction before production begins or the service is activated.
(3) For subscriptions and payment plans, the fee, billing period, term, renewal and notice period are bindingly specified in Annex K. Recurring fees are due in advance and shall be charged to the selected payment method in accordance with the authorisation granted for that payment method.
(4) If a due payment fails, PreQ may suspend or withhold access or performance until payment has been received in full, following prior notice and expiry of a reasonable grace period. Where there is reasonable suspicion of misuse or a material threat to the platform, PreQ may impose an immediate temporary suspension; PreQ shall inform the Client where legally and practically possible.
(5) The Client shall be in default in accordance with the statutory provisions. The Client may exercise rights of set-off or retention only in respect of counterclaims that are undisputed, have been finally adjudicated or are ready for adjudication.
§ 5 Client Cooperation
(1) The Client shall provide all information, data, approvals, references and decisions required for performance of the contract in a timely, complete and accurate manner.
(2) The Client warrants that it holds the necessary rights to the data, trademarks, images, texts, markings and other content submitted and that PreQ is permitted to use them for performance of the contract.
(3) The Client shall be responsible for delays, additional expenses or damage resulting from information or content supplied by the Client that is inaccurate, incomplete, late or unlawful.
§ 6 Confidentiality
(1) Each party shall keep confidential all confidential information of the other party to which it gains access in connection with the contract and shall use such information solely for performance of the contract.
(2) This shall not apply to information that is publicly known or becomes public without a breach of duty, was demonstrably already lawfully known, was lawfully obtained from an authorised third party without a duty of confidentiality, or must be disclosed pursuant to law, an administrative order or a court decision.
(3) The duty of confidentiality shall continue for three years after termination of the contract.
§ 7 Use of Partners
PreQ may engage qualified production, logistics, technology and solution partners to perform the contract. Where this involves the processing of personal data on behalf of the Client, the provisions of the incorporated data processing agreement shall apply in addition.
§ 8 Liability
(1) PreQ shall have unlimited liability in cases of intent and gross negligence, for damage arising from injury to life, limb or health, fraudulent concealment of a defect, under an assumed guarantee and under the German Product Liability Act.
(2) In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the Client may normally rely.
(3) Liability for slight negligence is otherwise excluded. This shall also apply for the benefit of PreQ’s legal representatives, employees and vicarious agents.
§ 9 Governing Law and Place of Jurisdiction
(1) German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Client is a merchant, a legal entity under public law or a special fund under public law, the registered office of PreQ shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship. PreQ shall remain entitled to bring proceedings against the Client at the Client’s general place of jurisdiction.
§ 10 Changes to these GTC
Changes to these GTC shall apply to new contracts from the stated effective date. For ongoing SaaS contracts, only Part C § 3 and the contract documents agreed when the contract was concluded shall apply.
Part B – Special Provisions for Physical Products
As of: 3 September 2026
These provisions apply in addition to Part A to all contracts for the supply of individually manufactured or distributed physical products.
§ 1 Print Data, Technical Review and Approvals
(1) The Client shall provide print, production or personalisation data in the format specified in Annex K and in accordance with the technical requirements stated therein. The Client shall be solely responsible for content, dimensions, bleed, cutting contours, finishing data, variable data, colour definitions and barcode and QR-code content.
(2) Any automated or manual data or print check shall be limited to a technical plausibility review within the expressly described scope. It shall not replace the Client's own review or approval and shall not constitute a guarantee as to content, spelling, colour appearance, barcode or QR-code readability, suitability or legal compliance.
(3) Where a proof, approval sample or digital approval has been agreed, the documented approval shall be authoritative for the characteristics visible from it. This shall not affect deviations outside the agreed tolerances.
(4) If PreQ identifies obvious technical obstacles, PreQ may inform the Client and request a correction. PreQ shall not be obliged to conduct a complete review or identify every error.
§ 2 Production, Dimensional and Quantity Tolerances
(1) Unless Annex K provides otherwise, a tolerance of ± 1 mm shall apply to cutting and die-cutting. This absolute machine tolerance shall apply irrespective of the finished format.
(2) Other production-related deviations, including registration, material, surface and finishing deviations, shall not constitute a defect where they remain within the tolerances stated in Annex K or the incorporated product data sheet, or where they are customary in the trade and immaterial to the agreed purpose.
(3) Over- or under-deliveries shall be permissible only to the extent specified for the relevant product in Annex K. No general quantity deviation shall apply.
(4) For roll products, the Client shall specify, where the configurator provides for such selection, the application method, running direction or orientation and core diameter. PreQ shall warrant suitability for the Client's specific labelling or downstream-processing equipment only where this has been expressly agreed or a suitability test has been commissioned.
§ 3 Colour, Material and Colour-Binding Approval
(1) Colour reproduction shall be governed by the agreed printing process, substrate and product specification documented in Annex K. Screen displays, particularly on non-calibrated RGB monitors, are not colour-binding.
(2) Technically and process-related unavoidable colour deviations shall not constitute a defect where they remain within the documented colour tolerance for the printing process and material.
(3) Where a colorimetric tolerance is agreed, it shall be specified in Annex K as a ΔE value together with the measurement method and reference. Percentage values may be used only for clearly identified process values, such as tonal value or ink coverage; they shall not replace an agreed ΔE tolerance.
(4) Differences resulting from the inherent colour, surface, absorbency or other characteristics of the agreed material shall not constitute a defect, provided that the agreed material quality has been supplied.
(5) Binding colour matching to Pantone, HKS, RAL or Client references shall be owed only where expressly agreed. Where offered and booked, an approved colour-binding proof or press proof shall be authoritative.
§ 4 Delivery, Shipment and Transfer of Risk
(1) Stated production and delivery times are non-binding estimates unless expressly confirmed as a binding deadline. They shall not begin until all required data, approvals and payments have been received.
(2) If, at the Client's request, the goods are dispatched to a place other than the place of performance, the risk of accidental loss or accidental deterioration shall pass to the Client when the goods are handed over to the carrier, freight forwarder or other person or organisation designated to carry out the shipment.
(3) PreQ may make reasonable partial deliveries. Delivery obstacles beyond PreQ's control, including force majeure, industrial disputes, official measures, material shortages or transport disruptions, shall extend deadlines for the duration and to the extent of the disruption.
(4) In the case of neutral or white-label shipment, the Client shall be responsible for correct delivery and sender information. The Client shall bear any additional costs attributable to incorrect information, refusal of acceptance or return shipment for which it is responsible.
§ 5 Retention of Title, Defect Rights and Inspection
(1) The goods supplied shall remain the property of PreQ until the claim arising from the relevant purchase contract has been paid in full.
(2) Claims for defects shall become time-barred one year after delivery of the goods. This shall not apply in cases of intent, gross negligence, fraudulent concealment of a defect, an assumed guarantee, claims under the German Product Liability Act, or damage arising from injury to life, limb or health.
(3) Where the purchase constitutes a commercial transaction for both parties, the duties of inspection and notification under § 377 of the German Commercial Code shall apply.
(4) In the event of a justified defect, PreQ shall, at its option, provide subsequent performance by repair or replacement delivery. The Client shall provide appropriate information, photographs and, upon request, a representative sample.
§ 6 Rights in Production Resources
Tools, cutting dies, printing plates, printing forms, typesetting and production files and other production resources shall remain the property of PreQ or the production partner engaged by PreQ, even where costs have been charged or allocated for them. Surrender or transfer shall be owed only where expressly agreed.