These Terms of Use apply to the services of Günther Spelsberg GmbH + Co. KG, Im Gewerbepark 1, D-58579 Schalksmühle (“Spelsberg”) in connection with the use of the “Printing Configurator” EasyPrint by entrepreneurs, i.e. natural or legal persons or partnerships with legal capacity acting in the exercise of a commercial or independent professional activity. Spelsberg operates a B2B online web application “Printing Configurator”, accessible at www.spelsberg.de/easyprint, which enables users to place and configure texts and/or graphics, images, etc. on certain Spelsberg products.
These Terms of Use exclusively govern the use of the “Printing Configurator” under www.spelsberg.de/easyprint by Spelsberg’s customers (“Customer”) for configuring texts and/or graphics, images, etc. on certain Spelsberg products. The subsequent printing of configurations created by the Customer is carried out separately by an authorized Spelsberg customer. Spelsberg is not a contracting party with the Customer regarding the printing of the configuration. Contracts for the printing of the respective configuration are concluded solely between the Customer and the authorized Spelsberg customer.
Only these Terms of Use apply. The Customer’s general terms and conditions apply only if Spelsberg has expressly agreed to them in writing.
Spelsberg may adapt these Terms of Use due to changes in legislation, case law, market conditions, or in the event of introduction or modification of products and services. Amendments are deemed accepted upon renewed use of the affected services unless the Customer objects in writing within four weeks after publication. Spelsberg will specifically point out this legal consequence when announcing amendments.
The “Printing Configurator” can be used without registration by the Customer. In this case, the contract with Spelsberg is concluded through use of the services of the “Printing Configurator”. In this case, however, the Customer has no possibility to save their configuration. If the Customer abandons the configuration, it is irretrievably lost and cannot be further edited. This also applies to texts and/or graphics, images, etc. uploaded by the Customer.
The contract for the use of the “Printing Configurator” is also concluded by the Customer registering via the registration form and creating a user account. Registration is only possible if the Customer actively agrees to these Terms of Use. In doing so, the Terms of Use become part of the contract.
The Customer has no claim to a specific scope of services, design, equipment, or functionality of the “Printing Configurator”.
Once the Customer has created a configuration using the “Printing Configurator”, they may transmit it as a print file to an authorized Spelsberg customer.
Upon conclusion of this contract, Spelsberg grants the Customer a non-exclusive, non-transferable, and time-limited right to use the “Printing Configurator” as a browser-based program within the scope of these Terms of Use. This includes the limited right to use the Printing Configurator program via the internet to the extent permitted in the contract for the Customer’s business purposes.
No further rights are granted. In particular, the Customer is not entitled to reproduce, distribute, make publicly accessible, modify, or edit the “Printing Configurator”. The granting of sublicenses is not permitted, and the Customer has no claim to the release of the source code.
Spelsberg is entitled to take appropriate technical measures to protect against non-contractual use of the “Printing Configurator”.
Spelsberg may modify the “Printing Configurator” (including system requirements) to adapt to technical or economic market changes and for good cause. Good cause exists in particular if the change is required due to new legislation or case law, changed technical conditions (new browser versions or technical standards), system security protection, or further development of the web application (for clarification: Spelsberg is not obliged to further develop the web application under these Terms of Use).
The use of the “Printing Configurator” is free of charge.
Customers are prohibited from entering or uploading content into the “Printing Configurator” that violates statutory provisions, official orders, or common decency. Furthermore, Customers are prohibited from posting content that infringes the rights of third parties, in particular copyrights or trademark rights.
Spelsberg does not, under any circumstances, adopt third-party content as its own. The Customer guarantees that the content entered or uploaded into the “Printing Configurator” does not infringe copyrights, trademarks, patents, other intellectual property rights, or trade secrets.
Spelsberg reserves the right to block or deny access to the “Printing Configurator” if the Customer violates clauses 7. (1) or (2) of these Terms of Use and/or commits a criminal offense under applicable law and/or uses the “Printing Configurator” to prepare criminal acts.
The Customer shall indemnify Spelsberg from all claims that third parties assert against Spelsberg due to infringement of their rights or violations of law resulting from the Customer’s configurations, insofar as the Customer is responsible for them. The Customer also assumes the costs of Spelsberg’s legal defense, including all court and attorney fees.
The Customer is obliged to check their data and information for viruses or other harmful components before entering them and to use up-to-date virus protection programs.
The content stored by the Customer on Spelsberg’s servers may be protected by copyright and data protection laws. The Customer hereby grants Spelsberg the right to make such content stored on its servers accessible to the Customer via the internet upon request and, in particular, to reproduce and transmit such content as well as reproduce it for data backup purposes.
Spelsberg shall be liable for damages incurred by the Customer in connection with this contract, insofar as Spelsberg, its representatives, or vicarious agents are guilty of intent or gross negligence.
Spelsberg is also liable for damages incurred by the Customer in connection with this contract, insofar as such damages are caused by Spelsberg, its representatives, or vicarious agents through negligent violation of a material contractual obligation. Material contractual obligations are those obligations whose fulfillment is necessary to achieve the purpose of the contract.
In this case, Spelsberg’s liability is limited to damages that were typically foreseeable at the time of conclusion of this contract.
This limitation of liability applies to all claims for damages, regardless of their legal basis, including pre-contractual or ancillary claims. This limitation does not restrict mandatory statutory liability, including liability under the German Product Liability Act or liability for personal injury caused by negligence.
The Customer is obliged to take effective measures to prevent and mitigate damages.
It is expressly pointed out that color representation on screens may vary depending on device and settings. In addition, production-related deviations may occur due to the printing material and the printing process itself. The colors and designs displayed in the configurator are therefore only non-binding previews and may not exactly match the final printed output.
Before production, a visualization of the final product will be created based on the data submitted by the Customer, which must be approved. Nevertheless, deviations in hue, scale, and positioning may occur in the final implementation. Such variations are technically unavoidable and do not constitute a defect.
For optimal print results, we recommend using sufficiently large font sizes and avoiding overly fine details, as very small or delicate elements may not be clearly visible in print.
All agreements involving amendments, supplements, or specifications of these Terms of Use, as well as special assurances, guarantees, and arrangements, must be made in writing. If made by representatives or auxiliary persons of Spelsberg, they are only binding if Spelsberg has given its written consent.
Should individual provisions of these Terms of Use be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a valid regulation that comes as close as possible to the invalid provision in content and economic effect. In the case of gaps, the parties shall agree on a provision they would have made had they considered the matter when concluding the Terms of Use.
The Customer may only set off or assert a right of retention with claims other than contractual counterclaims from the respective transaction if such claim is undisputed by Spelsberg or has been legally established.
The parties agree that all legal relationships arising from this contractual relationship are subject to the law of the Federal Republic of Germany.
The place of performance is Spelsberg’s registered office.
The exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship is Schalksmühle.
As of February 2025