Terms and Conditions

General Terms and Conditions of IONE GmbH for smoofdots.com

Status: 04.05.2026Provider: IONE GmbH, Jöllenbecker Str. 314, 33613 Bielefeld

Note on Use: This draft is tailored for an exclusively business-to-business (B2B) offering for smoofdots.com. Before publication, the version should be legally reviewed and compared with the impressum, privacy policy, checkout texts, payment provider texts, and product pages.

1. Scope of Application

1.1 These General Terms and Conditions (“GTC”) apply to all contracts, deliveries, and services of IONE GmbH (“IONE”, “we”, “us”) in connection with the products and services offered via the website smoofdots.com.

1.2 The GTC apply in particular to orders placed via the online shop, for individual offers, orders by email, telephone, consultation, other remote communication methods, and for supplementary or subsequent services in connection with already commissioned products.

1.3 IONE’s offer is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. Consumers within the meaning of § 13 BGB are excluded from ordering.

1.4 By placing an order, the customer confirms that they are an entrepreneur and are placing the order in the exercise of their commercial or independent professional activity.

1.4a IONE is entitled to demand suitable proof of the customer's entrepreneurial status, in particular company details, business address, VAT identification number, commercial register details, or comparable evidence. IONE is entitled to reject or cancel orders if there are doubts about the customer's entrepreneurial status or if the customer does not provide the required proof.

1.4b The customer is obliged to provide accurate business information during the ordering process. If an order is placed by a consumer contrary to these GTC or using inaccurate information, IONE is entitled to reject the order or withdraw from the contract.

1.5 Deviating, conflicting, or supplementary General Terms and Conditions of the customer shall only become part of the contract if IONE expressly agrees to their validity in text form. This also applies if IONE, aware of conflicting terms of the customer, carries out deliveries or services without reservation.

1.6 Individual agreements between IONE and the customer take precedence over these GTC.2

2. Subject Matter of the Contract

2.1 Under the brand or via the website smoofdots.com, IONE primarily sells QR code products and NFC/QR code products for commercial customers, particularly from the gastronomy, hotel, and related sectors.

2.2 The range of services may include, in particular:

QR code stickers,

NFC stickers or NFC/QR code products,

Table displays,

Table overlays,

Products made of stainless steel, wood, acrylic, or comparable materials,

Individually designed print or engraving products,

Design services,

Technical setup and implementation,

Consultation in connection with QR code, NFC, or digital redirection/integration solutions.

2.3 The specific scope of services results from the respective product description, the shopping cart, the order confirmation, an individual offer, or a separate agreement between IONE and the customer.

2.4 Unless expressly agreed otherwise, IONE owes the production and delivery of the respective ordered physical product as well as the agreed technical configuration, in particular the storage or integration of the agreed QR code or NFC target address.

2.5 The content, services, functions, or availability of the target pages accessible via QR code, NFC, or other redirections are not part of the contract, unless these have been expressly agreed as IONE’s own service.

2.6 IONE does not owe any specific economic success. In particular, IONE does not guarantee additional orders, increased sales, conversion rates, usage rates, guest acceptance, process improvements, or other business results for the customer.

3. Conclusion of Contract in the Online Shop and Outside the Online Shop

3.1 The presentation of products in the online shop does not constitute a legally binding offer from IONE, but rather an invitation to the customer to place an order.

3.2 By clicking the final order button in the online shop, the customer submits a binding offer to conclude a purchase contract.

3.3 IONE can accept this offer by express declaration of acceptance, by sending an order confirmation, by payment confirmation, or by delivering the goods. The exact time of contract acceptance may vary depending on the shop system and payment service provider used.3

3.4 For individual offers outside the online shop, the contract is concluded when the customer accepts IONE's offer, in particular by confirmation via email, in writing, by telephone with subsequent confirmation, by payment, or by any other unambiguous declaration.

3.5 The conclusion of the contract for individualized products is to be distinguished from the later print or production approval. The contract can be concluded already with the order or acceptance of the offer; however, for products requiring approval, production only begins after print or production approval by the customer.

4. Prices, Taxes, Shipping Costs and Payment Terms

4.1 All prices stated in the online shop are net prices plus the respectively applicable statutory value-added tax, if value-added tax is incurred.

4.2 The applicable taxes are calculated and displayed in the shopping cart or checkout depending on the region, delivery address, and tax treatment.

4.3 Shipping costs are borne by the customer, unless expressly stated or agreed otherwise.

4.4 For orders with a net value of 249.00 EUR or more, shipping is free, unless otherwise stated in the online shop or in the respective offer.

4.5 Payment is due immediately upon order.

4.6 Payment methods may include credit card, Klarna, PayPal, Apple Pay, and Google Pay. The specifically available payment methods are displayed at checkout.

4.7 When using external payment service providers, their terms and conditions of contract and use apply additionally. IONE is not responsible for technical disruptions, rejections, delays, or other events within the sphere of influence of external payment service providers.

4.8 The customer is only entitled to a right of retention insofar as it is based on the same contractual relationship. Offsetting is only permissible with undisputed claims, claims that have been legally established, or claims acknowledged by IONE.

4.9 If the customer is in default of payment, IONE is entitled to demand statutory default interest. The right to claim further damages caused by default remains reserved.

4.10 In the event of chargebacks, failed payments, payment returns, or similar events for which the customer is responsible, IONE is entitled to pass on the resulting costs and fees to the customer.

4.11 IONE is entitled to withhold deliveries or services not yet rendered until all due claims have been fully settled, unless mandatory legal provisions dictate otherwise.4

5. Delivery, Delivery Area, Delivery Times, and Transfer of Risk

5.1 Delivery currently takes place within Germany and the European Union.

5.2 Shipping is usually carried out via DHL or a comparable shipping service provider.

5.3 The estimated delivery time for standard products is approx. 10 working days, unless otherwise stated in the online shop or offer.

5.4 The estimated delivery time for individual products is approx. 30 working days, calculated from the availability of all required customer data, content, target addresses, NFC information, and, if required, print or production approval.

5.5 Delivery times are only binding if they have been expressly agreed as binding.

5.6 For products requiring approval, the delivery or production time does not begin before the print or production approval is granted. Delays due to the customer's cooperation, in particular delayed provision of content, logos, URLs, approvals or other information, will extend delivery and service periods appropriately.

5.6a Delivery and service periods shall be extended appropriately if IONE is prevented from timely delivery or service by circumstances for which IONE is not responsible. These include, in particular, force majeure, natural events, war, crises, pandemics, official measures, strikes, lockouts, transport disruptions, customs delays, supply chain problems, unforeseeable material shortages, power failures, technical malfunctions outside IONE's control, as well as failures, delays or performance disruptions of suppliers, production partners, shipping service providers or other service providers.

5.6b If such a disruption lasts longer than 8 weeks, both parties are entitled to withdraw from the affected contract, provided that contract fulfillment is thereby significantly hindered or becomes impossible. Services already rendered shall be remunerated appropriately.

5.7 For entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest upon handover of the goods to the shipping service provider.

5.8 If a shipping service provider, in particular DHL or another transport service provider, causes a loss, damage, or delay of the shipment after the transfer of risk, IONE shall not be liable for this, provided that IONE has duly arranged for the shipment and duly handed over the goods to the shipping service provider. IONE may, at its discretion, assign any claims against the shipping service provider to the customer or provide reasonable support to the customer in reporting the damage.

5.9 The customer is obliged to document recognizable transport damage as soon as possible with the shipping service provider and to inform IONE about it. The customer's statutory warranty rights remain unaffected insofar as the damage occurred before the transfer of risk or is attributable to IONE.

5.10 Partial deliveries are permissible, provided they are reasonable for the customer.5

6. Standard Products and Individualized Products

6.1 The products offered by IONE are generally designed for commercial use and for the integration of an individual QR code, NFC target, or other target address.

6.2 Standard products are products for which, apart from an individual QR code target address, no further personalization is intended. Products with NFC functionality are not considered standard products.

6.3 Individualized products are, in particular, products that are designed, printed, engraved, configured, or otherwise customized according to customer specifications. These include, in particular, products with a logo, color, layout, material selection, labeling, table or area assignment, customer-specific design, NFC function, or other customer-specific features. The classification as a standard product or an individualized product results from the respective product description, the ordering process, the offer, or the specific configuration.

6.4 Products with NFC functionality are always considered individualized products, as the NFC chips are written by IONE with the agreed target address, action, or configuration and then technically locked. After this locking, a change of the NFC target address, NFC action, or NFC configuration is no longer possible. Due to their customer-specific configuration, such products cannot be used or resold otherwise.

6.5 Insofar as product depictions, material samples, color representations, digital views or visualizations are used, these serve for illustration purposes. Production, material, and depiction-related deviations are reserved, provided they are reasonable for the customer.

7. Customer Data, Content, Logos, and Target Addresses

7.1 The customer is obliged to provide all information required for the order, design, configuration, production, and delivery completely, correctly, in a timely manner, and in suitable quality.

7.2 This may include, in particular:

Logos,

Brands,

Texts,

Colors and corporate design specifications,

URLs and QR code target addresses,

NFC targets,

Table, room, or area numbers,

Print data,

Approvals,

Technical specifications and integration information.

7.3 The customer is solely responsible for the accuracy, completeness, timeliness, and legality of the content, data, QR codes, target addresses, NFC targets, NFC actions, and other configuration information provided by them.6

7.3a IONE can only store, configure, or produce QR code and NFC target addresses, redirections, or actions if the customer or a third party commissioned by the customer provides the necessary information completely and in a timely manner. Delays caused by the customer or by third parties involved by the customer, platform operators, software providers, agencies, IT service providers, or other third parties shall not be borne by IONE and shall extend delivery and service periods appropriately.

7.3b Products will only be shipped when all information required for production, configuration, and functional testing is available, in particular QR code target address, NFC target address, NFC action, or other technical configuration data, to the extent that these are required for the respective product.

7.4 The customer warrants that they possess all necessary rights to the content, logos, brands, images, texts, data, and other materials provided by them, and that their use by IONE in the context of contract execution does not infringe any third-party rights.

7.5 The customer indemnifies IONE from all claims of third parties asserted due to a contractual use of the content, data, logos, brands, target addresses, or other materials provided by the customer. The indemnification also includes reasonable costs of legal defense.

7.6 IONE is entitled to refuse the processing or use of content, data, target addresses, or materials if, in IONE's assessment, they are unlawful, immoral, discriminatory, misleading, technically unsuitable, objectionable for security reasons, or otherwise unreasonable.

7.7 IONE is entitled to temporarily deactivate, block, or not execute target addresses, redirections, or technical links if there are concrete indications of legal violations, malware, phishing, security risks, misuse, inadmissible content, or a threat to systems, users, or third parties. IONE will inform the customer about this, insofar as this is legally permissible and technically reasonable.

8. Print Approval, Production Approval, and Changes

8.1 For individualized or approval-required products, the customer receives a print, design, or production preview for review and approval before production begins, provided this is stipulated in the respective ordering process, offer, or by the nature of the product.

8.1a Print, design, or production approval can be given through all common communication channels, in particular by email, via the online shop, by telephone with subsequent documentation, in writing, via messenger services such as WhatsApp, or via other communication means customary in business transactions.

8.1b Approval is deemed to have been given to IONE if it reaches an employee, contact person, or auxiliary person of IONE. It is not necessary for the approval to be given directly to the manufacturing or production department. Approval given to a supervising sales, support, or project employee is sufficient.7

8.2 The customer is obliged to carefully review the draft. The review includes, in particular, spellings, logos, colors, layout, QR code target addresses, NFC targets, table or area numbers, quantities, material specifications, and other product-relevant information.

8.3 By granting print or production approval, the customer confirms the factual and technical correctness of the approved draft. IONE is then entitled to start production based on this approval.

8.4 After granted print or production approval, changes are only possible by separate agreement. Changes after approval are subject to a fee, provided IONE agrees to them. Already incurred costs, production costs, or material costs are to be borne by the customer.

8.5 Without the required print or production approval, the production and delivery time does not begin. The delivery time is suspended as long as the required approval or cooperation of the customer is pending.

8.6 If the customer, despite being requested, does not provide the required print or production approval within a reasonable period, usually within 4 weeks, or does not respond to necessary inquiries, IONE is entitled to cancel the order. Services already rendered, in particular consultation, configuration, design, print preparation, material procurement, or other expenses, may be charged to the customer or offset against payments already made.

9. QR Code, NFC, and Redirection Functions

9.1 IONE ensures that the QR codes, NFC targets, or other technical references stored by IONE during production point to the agreed target address at the time of handover or delivery, provided the function is within IONE's sphere of influence and the customer has provided the necessary information completely and correctly.

9.1a If the customer provides their own QR codes, QR code graphics, or already generated QR code files, IONE is not obligated to technically or content-wise check their technical function, target address, redirection, readability, up-to-dateness, data protection compliance, or legality. In this case, IONE is only responsible for the agreed processing or application of the QR code file provided by the customer in accordance with the print approval.

9.2 Insofar as QR code or NFC products refer to target addresses, websites, menus, booking pages, ordering systems, POS systems, payment services, or other third-party offers provided by the customer, or the customer uses their own targets, addresses, actions, or systems, the customer alone is responsible for their content, legality, up-to-dateness, data protection compliance, security, technical functionality, and availability.

9.3 IONE is not liable for the content, functions, availability, technical accessibility, data protection compliance, or legality of target pages, platforms, or services that are not operated by IONE.

9.4 If IONE's own technical redirection functions are used, the redirection itself is free of charge, unless otherwise expressly agreed. Fee-based software modules, especially IONE's own software solutions, remain unaffected and require a separate agreement or order. For fee-based software modules8

the respective included software terms of use, license terms, or SaaS terms of IONE apply additionally.

9.5 A subsequent change of the target URL is generally possible, provided that the technical design of the respective product or redirection allows it. Subsequent changes to the target URL will be charged according to effort, unless otherwise expressly agreed. Processing times depend on the type and scope of the change as well as the current availability of IONE. There is no claim to free or随时 change.

9.5a IONE is entitled to request suitable proof of authorization for the change before carrying out a target URL change. The customer is responsible for informing IONE which persons on the customer side are authorized to order such changes. IONE is not liable for consequences of incorrect, incomplete, or unupdated authorization details from the customer.

9.5b For products with NFC functionality, a subsequent change of the NFC target, the NFC action, or the NFC configuration is not possible after the NFC chip has been described and locked. This applies regardless of whether target addresses, systems, campaigns, menus, ordering processes, or other customer content change later.

9.6 IONE does not guarantee uninterrupted availability of redirections, servers, third-party platforms, networks, end devices, payment services, POS systems, or other technical infrastructures, unless a service level has been expressly agreed upon.

9.6a IONE does not guarantee that QR codes, NFC functions, redirections, or target pages are compatible with all smartphones, cameras, NFC reading functions, browsers, operating systems, device settings, security programs, network providers, internet connections, or other technical environments of the users. Limitations due to end devices, deactivated NFC functions, outdated software, browser or camera settings, lack of network coverage, poor internet connection, or other circumstances beyond IONE's control do not constitute a defect in IONE's service.

9.7 The customer is obliged to regularly check target addresses and linked content themselves and to inform IONE immediately of incorrect target addresses or change requests.

10. Rights to Work Results, Designs and Usage Rights

10.1 Insofar as IONE creates designs, layouts, graphics, technical configurations, print data, templates, or other work results within the scope of contract execution, all rights thereto remain with IONE, unless otherwise expressly agreed.

10.2 After full payment of the owed remuneration, the customer receives a simple, non-exclusive, non-transferable right of use for the contractually agreed purpose for the work results created for them.

10.3 Any further use, processing, reproduction, dissemination, transfer, publication, or use for other products, locations, brands, or companies requires the prior consent of IONE, unless this has been expressly agreed.9

10.4 Content provided by the customer remains the property or subject of rights of the customer or the respective rights holder. The customer grants IONE the usage rights to this content required for the execution of the contract.

11. Retention of Title

11.1 The delivered goods remain the property of IONE until full payment of all claims arising from the respective contract.

11.2 Until the transfer of ownership, the customer is not entitled to pledge the reserved goods, assign them as security, or take any other dispositions that endanger IONE's ownership.

11.3 In the event of third-party access to the reserved goods, in particular seizures, the customer must point out IONE's ownership and inform IONE immediately.

12. Rights for Defects, Duty to Inspect and Give Notice of Defects

12.1 For the customer's rights in case of defects, the statutory provisions apply, unless otherwise stipulated in these General Terms and Conditions.

12.2 The customer is obliged to carefully inspect the goods immediately after delivery.

12.3 Obvious defects must be reported to IONE in text form within 7 calendar days of delivery. The timely receipt of the defect notification by IONE is decisive.

12.4 If the customer is a merchant within the meaning of the German Commercial Code, the statutory duties of inspection and notification of defects according to § 377 HGB apply additionally.

12.5 If the customer fails to carry out a timely inspection or defect notification, the goods shall be deemed approved, as far as legally permissible.

12.6 Deviations due to production, material, or representation do not constitute a defect, as far as they are customary in trade, technically unavoidable, or reasonable for the customer. This applies in particular to:

slight color deviations,

deviations between screen display and print,

material-related deviations,

dimensional deviations,

minor deviations in printing, engraving, cutting, positioning, or processing,

deviations based on data, templates, or approvals provided by the customer.

12.7 There are no defect rights for damages or functional impairments caused by improper use, faulty assembly, unsuitable surfaces, incorrect bonding, unsuitable cleaning, external influences, subsequent modifications, mechanical damage, or non-observance of care, assembly, or usage instructions. This applies in particular if products are drilled contrary to their intended use,10

screwed, pierced, cut, heavily heated, chemically treated, excessively stressed or used in unsuitable areas of application.

12.7a The customer is obliged to use the products exclusively properly, in accordance with their intended purpose and observing any care, assembly and use instructions. The customer is solely responsible for checking the suitability of the place of use, substrate and area of application before use.

12.8 In the case of justified defects, IONE is initially entitled to supplementary performance. Supplementary performance shall be carried out at IONE's discretion by repair or replacement delivery.

12.8a The duration of the supplementary performance depends on the type and extent of the defect as well as the required production or procurement time. Before commencing supplementary performance, IONE is entitled to request suitable evidence, in particular photos, descriptions, samples, returns or other information to examine the alleged defect. Where possible, IONE endeavors to carry out a repair or replacement delivery within a reasonable period. For standard products, this is usually approx. 10 working days, for individualized products usually approx. 30 working days, each calculated from the completed examination and acknowledgment of the defect by IONE and from the availability of all information, materials and approvals required for supplementary performance. These deadlines are only binding if they have been expressly confirmed as binding in individual cases.

12.9 If supplementary performance fails or is unreasonable for the customer, the customer can demand a reduction or withdraw from the contract in accordance with the statutory provisions. Claims for damages only exist in accordance with Section 13.

13. Liability

13.1 IONE is liable without limitation for damages resulting from injury to life, body or health, which are based on a breach of duty by IONE, a legal representative or vicarious agent of IONE.

13.2 IONE is liable without limitation for damages based on intentional or grossly negligent breach of duty by IONE, a legal representative or vicarious agent.

13.3 In the event of a slightly negligent breach of essential contractual obligations, IONE's liability is limited to the amount of the foreseeable damage typical for the contract. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

13.3a To the extent legally permissible, IONE's liability for slightly negligent breaches of essential contractual obligations is limited to the net order value of the affected contract. This limitation does not apply to damages resulting from injury to life, body or health, for damages caused by intent or gross negligence, for claims under the Product Liability Act or for expressly assumed guarantees.

13.4 Otherwise, IONE's liability is excluded.11

13.5 Liability under the Product Liability Act and liability based on an expressly assumed guarantee remain unaffected.

13.6 IONE is not liable for damages, delays, failures, or legal infringements resulting from content, data, target addresses, print data, releases, third-party platforms, payment services, POS systems, ordering systems, websites, or other circumstances not controlled by IONE provided by the customer.

13.6a To the extent legally permissible, IONE shall not be liable for indirect damages, consequential damages, lost profits, loss of sales, unfulfilled orders, business interruptions, reputational damage, or other economic consequential damages of the customer. This does not apply in the cases of sections 13.1, 13.2 and 13.5.

13.7 IONE is only liable for data loss if the damage would have occurred even with proper and regular data backup by the customer.

14. Customer's Duty to Cooperate

14.1 The customer is obliged to carry out all acts of cooperation required for the execution of the contract in a timely, complete and proper manner.

14.2 The customer must ensure in particular that provided files are technically suitable, sufficiently resolved, legible, complete and free of malware. Unless otherwise expressly agreed, logos, print data and graphics must be provided in common formats suitable for printing or production, in particular as PDF, SVG, EPS, AI, PNG or comparable files with sufficient resolution and quality. Unsuitable, low-resolution, blurred, incomplete or faulty templates can lead to quality deviations which do not constitute a defect, as far as they are based on the template provided by the customer.

14.3 Delays, additional costs or defects due to missing, delayed, incorrect or unsuitable cooperation of the customer shall be borne by the customer.

14.4 IONE is entitled to charge separately for additional expenditure arising therefrom.

15. No Consumer Revocation and Cancellations

15.1 Since IONE's offer is exclusively aimed at entrepreneurs and consumers are excluded from ordering, there is no statutory consumer right of revocation.

15.2 A cancellation by the customer after conclusion of the contract is only possible with the consent of IONE.

15.3 For individualized products, products requiring approval or services that have already begun, IONE may refuse consent to cancellation or make it dependent on the payment of costs, expenses and remuneration shares already incurred.

15.4 After print or production approval, free cancellation is excluded.12

16. Data Protection

16.1 IONE processes personal data of the customer in the course of contract execution in accordance with the applicable data protection regulations.

16.2 Details can be found in IONE's or smoofdots.com's privacy policy.

16.3 If, within the scope of QR code, NFC, software or redirection solutions, personal data of third parties are processed by IONE on behalf of the customer, the parties are obliged to conclude separate data protection agreements, in particular a data processing agreement, if applicable.

16.4 Insofar as the customer uses their own target addresses, systems, actions, platforms, websites, menus, order processes, payment services or other third-party offers and IONE merely links these via QR code, NFC or a technical redirection, the customer alone is responsible for the data protection assessment, legality, information obligations, consents, cookie or tracking issues and other data protection obligations in connection with these targets.

17. References

17.1 IONE may name the customer as a reference in a reasonable form, unless the customer objects to this in text form for a legitimate reason.

17.2 The use of customer logos, product photos, project images, case studies, detailed project descriptions or other promotional representations of the customer will only take place with the prior consent of the customer, unless these have already been publicly released by the customer or expressly made available to IONE for use.

17.3 Statutory rights, trade secrets and legitimate confidentiality interests of the customer remain unaffected.

18. Contract Language, Applicable Law and Place of Jurisdiction

18.1 The contract language is German.

18.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

18.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of IONE, currently Bielefeld, as far as legally permissible.

18.4 IONE is also entitled to sue the customer at their general place of jurisdiction.13

19. Final Provisions

19.1 Should a provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

19.2 In place of the invalid or unenforceable provision, the statutory provisions shall apply.

19.3 Amendments and additions to individual agreements require text form, unless a stricter form is prescribed by law.

20. Not part of these GTC: Ambassador and Partner Program

20.1 Any ambassador, referral, affiliate or partner program is not subject to these GTC.

20.2 Separate partner terms apply to such programs, in particular regarding registration, commission claims, lead assignment, due date, billing, term, termination, advertising requirements and compliance obligations.