GENERAL TERMS AND CONDITIONS
Please read the following General Terms and Conditions (hereinafter "GTC") of Manyfolds GmbH carefully.
1. definitions, scope
By accepting these General Terms and Conditions (GTC), the user of the Manyfolds system becomes a contractual partner of Manyfolds GmbH.
These terms and conditions shall apply regardless of whether the user concludes the contract in its own name for its own application/invoice, in its own name for third-party application/invoice or in third-party name for third-party application/invoice.
These terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the user are only valid insofar as Manyfolds has expressly agreed to them in writing.
2 Subject matter of the contract, conclusion of the contract and contractual partner
This contract regulates the customized production of shipping packaging using the software and production machine provided by Manyfolds, as well as the contractual use of the Manyfolds online store.
The contract, including all optional contract components dealt with here, is concluded with Manyfolds GmbH.
3. manyfolds software
By using Manyfolds Online Software, the user agrees to be bound by the terms and conditions herein.
3.1 Beta status
The Manyfolds software, which is provided via various access points (including web, app, WebApp, application modules), is in continuous development and currently in "beta" status.
3.2 Availability of the service
The "beta" status means that the software can be changed, supplemented or deactivated in whole or in part at any time. There is no claim to the permanent availability of the software, neither online, nor in other cases. For reasons of increased system maintenance within the beta phase, temporary outages, or the inaccessibility of the system may occur.
However, Manyfolds strives to ensure high availability even in the beta phase.
3.3 Error tolerance
The packaging data generated in the software may be incorrect in rare cases, or calculation errors may occur for inlay and outer packaging generation.
It may happen in the beta phase that in very rare cases data entered by the user could be changed or deleted by the system in whole or in part for various technical reasons.
3.4 Responsibility about the correctness of the designs
In general, Manyfolds cannot guarantee the correctness of the designs generated by the user via the Manyfolds software (in particular cutting and creasing patterns). It is the user's own responsibility to correctly enter the size information of the product(s) to be packaged and to carry out the final check regarding the placement of the product(s) himself.
3.5 User's own responsibility for data backup
The user/contractual partner is required to additionally enter and save the product data entered into the Manyfolds system on its own system in order to avoid any disadvantages in the event of a possible loss of data on the part of Manyfolds.
In general, Manyfolds assumes no liability for the data entered or generated by the user.
In addition, the user must ensure that his access to the Manyfolds system is secure (no open WLAN connections, etc.) and that a high level of password security is guaranteed (no passing on of the password, uniqueness of the password, etc.).
4. rights of use, intellectual property
4.1 Rights to the data posted by the user
If the user saves his own data (e.g. texts, illustrations, photos) into the Manyfolds system within the scope of the software-supported packaging creation, which represent his intellectual property, the rights to these data shall remain with the customer.
With the upload of the data Manyfolds receives a limited transferable license for the purpose of order execution to reproduce, modify and use these data.
A transfer or further use outside of Manyfolds core services does not take place through Manyfolds, unless a different contractual arrangement with the user is regulated in a separate contract.
Manyfolds reserves the right to use the data entered for the purpose of internal service and system optimization and to create internal statistical evaluations.
4.2 Rights to the data provided by Manyfolds
All texts, images and other forms of content provided by Manyfolds are subject to copyright and are the property of Manyfolds GmbH. They may only be used by the user outside the Manyfolds overall system with explicit permission from Manyfolds.
The customer is not permitted to reproduce, modify, make available to third parties or otherwise use any data (e.g. texts, illustrations, photos, files) provided to him by Manyfolds without the written consent of Manyfolds.
4.3 Rights to the cutting, creasing and building patterns of the packaging
The cutting and construction patterns of the packaging (or foldable objects) provided by the Manyfolds Service are the intellectual property of Manyfolds.
By the automated or manual adaptation of the designs by the user, the user does not acquire ownership of the design.
The user is not allowed to manually or digitally copy, store or reuse the patterns outside the Manyfolds system in any way. Any violation of this regulation will be prosecuted and will result in the immediate blocking of the user account.
Manyfolds transfers to the user a limited right of use of the cutting, creasing and construction patterns provided. The right of use includes the following:
- Production of the packaging/foldable objects created by the user in the Manyfolds system.
- Sending the physically produced packaging/foldable objects to recipients of his choice
- Customization of the produced packaging with own means, e.g. with the help of additional filling materials.
5. manyfolds devices (hardware)
By using Manyfolds equipment, the user agrees to be bound by the terms and conditions herein.
5.1 Beta status
Like the software, the hardware provided by Manyfolds, as well as the software solution directly connected to the hardware (which is visible in the screen on the machine) is in "beta" status.
5.2 Hardware availability
The "beta" status means that there is no claim to permanent availability of the hardware. For reasons of increased system maintenance within the beta phase, temporary outages, or the non-availability of the system may occur.
However, Manyfolds strives to ensure high availability even in the beta phase.
5.3 Safety in handling the hardware
Manyfolds has ensured that the hardware is safe to operate for the user to a high degree. Corresponding Europe-wide certifications have been carried out. However, the user must also ensure, within the scope of his possibilities, that his own safety and the safety of his colleagues/companions is guaranteed in connection with the use of the hardware:
- Only instructed employees may operate the hardware
- Set up and operate the hardware on a stable level to prevent the device from falling over and related accidents.
- Selection of a dry installation site to avoid the risk of electric shock caused by moisture.
- Exclusive use of the consumables provided by Manyfolds to avoid malfunctions in the area of material feeding and processing.
- Keep away from foreign materials and substances that could be drawn into the machine
- Do not allow hands to come close to the material feed and output
- Do not allow hair to come close to the material feed and output
5.4 Passing on authorizations
The user must ensure that the use of the machine is restricted to authorized persons only. Passwords, PINs or smart cards may only be handed over to authorized persons who have been instructed in the machine.
5.5 Ensuring hardware communication
When setting up the hardware, the user must ensure that the device can establish an Internet connection by means of its own wireless network module. Operation of the hardware without an Internet connection is not permitted and not possible.
5.6 Customer Service Manyfolds Hardware
To keep costs low for all parties involved, on-site customer service by service technicians is not provided. All service requests are processed through an online help system. In the event of service, the customer uses the Manyfolds online help system to obtain the following assistance:
- Step-by-step instructions for
- Initial hardware setup
- Small repairs
- Replacement of wear parts
- Total hardware replacement
- Interactive help from Manyfolds service staff, who are connected via video if the service case cannot be covered by step-by-step instructions.
5.7 Defective hardware
Should the hardware fail through the fault of the manufacturer, a timely replacement of the machine is guaranteed.
Should the contracting party damage the machine due to improper operation or wantonly, Manyfolds Ltd. reserves the right to charge for the repair and shipping costs.
6. use of the consumables provided.
6.1 Ownership of the consumables
In principle, the consumables provided are the property of Manyfolds GmbH and may only be used for the purpose of further processing in the Manyfolds hardware.
Consumables do not become the property of the user until, through production in Manyfolds hardware, the material has been "transformed" into a shipping package/inlay and/or foldable object and has been "consumed" hereby.
6.2 Accounting of the consumables
The contractual partner shall be provided with continuous corrugated board (folded in zigzag) as consumables in sufficient quantities to meet the requirements. Consumption is billed according to the actual square meters used (see basic price models, or special agreements in the offer sections). Good to know: The production-related waste material on the consumables is not charged, only the areas used as packaging product.
6.3 Consequences in case of misuse of consumables
In the event that our system determines that a reorder of consumables triggered by the user occurs even though the production data indicates a sufficiently large remaining quantity and the Manyfolds consumables have been used elsewhere by the user, Manyfolds reserves the right to charge the user in full for the damages incurred.
6.4 Protection against environmental influences
The material must be protected by the customer as best as possible against harmful environmental influences as soon as it has reached the customer. This includes in particular protection against
- Fire and smoke exposure
- Water and humidity
- Humidity too low to avoid too rapid drying and thus increased fiber breakage in the corrugated board. Ideal conditions are 18°C to 20°C room temperature and 50 to 55% relative humidity.
6.5 Material damage
If, due to fire or water damage or other unforeseen external effects, the material provided is damaged in the customer's premises, the user shall pay the incurred damage to Manyfolds Ltd (ideally via the user's insurance).
If the Manyfolds consumables reach the customer partially or totally damaged, Manyfolds will promptly deliver a replacement, provided that this has been documented by the user by photos on the same day of delivery and sent to Manyfolds by mail (indicating the customer name, customer number).
If in the course of production it is determined by the user that individual cardboard sheets are soiled, damaged or otherwise unusable, this must also be documented photographically and sent to Manyfolds by mail. After confirmation of the damage by Manyfolds Service, a pro rata material credit will be issued, which will be taken into account for the next delivery.
7. manyfolds online store
In addition to the service offerings described above (software + production hardware), Manyfolds also operates a store for other, accompanying products.
With the placement of the products in the online store Manyfolds makes a binding offer to conclude a contract for these items. Customers can initially place our products in the shopping cart without obligation and correct their entries at any time before sending their binding order. The contract is concluded when customers accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, we will send another confirmation by e-mail to the customer.
As is customary in the market, all products generally remain the property of Manyfolds until all claims have been settled. Of course, we grant our customers reasonable periods of time to remedy any behavior that may be in breach of contract (a default in payment, etc.). In such cases, we reserve the right to take back the products, to dispose of them and thus to withdraw from the contract. The customer must then return the goods.
8. contract language and storage of the contract text
The language available for the conclusion of the contract is German and English.
Manyfolds saves the contract text and sends the GTC in text form to each new customer. Customers can view the text of the contract at any time in their online customer account.
The liability of Manyfolds for slightly negligent breaches of duty is excluded, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected.
Furthermore, the liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may regularly rely, shall remain unaffected. The same applies to breaches of duty by the customer's vicarious agents.
10. prices and terms of payment
The prices and conditions in the currently published price list apply. As a rule, a monthly invoice is issued for the provision of Manyfolds technology (SW & HW), for the consumables and optional services/modules actually used.
Upon invoicing, the amounts due are usually debited immediately from the account or means of payment (e.g. credit card, PayPal, etc.) provided by the user and verified by Manyfolds.
The products ordered in the Manyfolds online store are due for payment immediately and will be debited via the means of payment specified in the store. If a due payment cannot be debited, the legal regulations regarding the consequences of late payment will apply.
11. delivery conditions
Manyfolds hardware is delivered to the user's street-side entrance. The relevant shipping price will be charged to the customer depending on the contract model and according to the currently valid price list.
The delivery of the consumables provided by Manyfolds shall also be made to the roadside entrance of the user. The shipment of the consumables to the customer is free of charge for the user until further notice.
Self-collection of hardware and/or consumables from a Manyfolds location by the user is not currently envisaged.
Manyfolds online store products are delivered via common e-commerce shipping methods and shipping channels.
12. right of withdrawal - cancellations
12.1 Manyfolds subscription model
The User may cancel a legally valid subscription order under the following conditions:
- The Manyfolds hardware has not yet been shipped to the user
- The cancellation took place within an optional "trial phase"
In all other cases, normal contract termination is required. The terms and the termination clauses are specified in the contract documents for the respective subscription model.
12.2 Shipping packages made with Manyfolds Hardware
The individual shipping packages produced with Manyfolds Hardware do not have a general right of withdrawal.
However, it is possible to report packaging produced incorrectly by Manyfolds Hardware and receive a corresponding credit. For this purpose, the user takes a photo of the cut packaging and sends this photo by mail to Manyfolds service or the user uses the online video customer service.
12.3 Purchases via the Manyfolds online store
The statutory regulations apply. Business customers cannot make use of the right of withdrawal.
According to Section 312d (4) No. 1 of the German Civil Code (BGB), consumer customers do not have a right of withdrawal because they order goods that are manufactured according to customer specifications, i.e., according to their own specifications or preferences.
13. data protection
14 Jurisdiction and applicable law
The place of performance and jurisdiction for deliveries and payments shall be Munich.
Exclusive - also international - place of jurisdiction for all disputes between the customer and Manyfolds is, as far as legally permissible, Munich.
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the provisions of international private law.
15. severability clauses
Should individual provisions of this contract be invalid or void in whole or in part or become invalid or void in whole or in part as a result of a change in the legal situation or as a result of supreme court rulings or in any other way, or should this contract contain any gaps, the parties agree that the remaining provisions of this contract shall remain unaffected and valid.
In this case, the contracting parties undertake, taking into account the principle of good faith, to agree on a valid provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision and which the parties would have agreed on at the time of conclusion of the contract if they had known or foreseen the invalidity or ineffectiveness. The same shall apply if this contract should contain a loophole.
16. final provisions
Amendments or supplements to the contract, the acceptance of the application or these GTC shall be made in text form, unless otherwise stipulated in these GTC and/or in statutory provisions.
Unless otherwise agreed in an individual contract, transmission by e-mail shall be sufficient to maintain the written form within the meaning of these Terms and Conditions.
In the event of any discrepancies in translations of these Terms and Conditions, the German version shall prevail. The same applies to the interpretation of these terms and conditions.
Version 5, 12 / 2022
Krüner Str. 71a