General Terms and Conditions

Overview

Clause 1 – Scope of application
Clause 2 – Dispute resolution
Clause 3 – Conclusion of contract / storage of the contract text
Clause 4 – Prices, shipping costs and retention of title
Clause 5 – Terms of payment
Clause 6 – Terms of delivery and reservation regarding correct and punctual supply to ourselves by our suppliers
Clause 7 – Warranty
Clause 8 – Special regulations for subscriptions
Clause 9 – Terms of use of the online database
Clause 10 – Right of cancellation
Clause 10.1 – Right of cancellation for contracts for the delivery of goods
Clause 10.2 – Right of cancellation for subscription contracts
Clause 10.3 – Right of cancellation for contracts for the delivery of digital contents (access to the database)
Clause 11 – Applicable law and final provisions
Clause 12 – Delivery to entrepreneurs
Clause 13 – Retention of title for entrepreneurs
Clause 14 – Place of performance, applicable law, place of jurisdiction for entrepreneurs
Clause 15 – Rights of use
Clause 16 – Advertorials on social media channels

Clause 1 – Scope of application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between us, TM Fashion UG, Liesegangstraße 17 in 40211 Düsseldorf, Germany registered at Berlin Local Court under HRB no. 258642 B, Managing Director: Michael Hengstmann, Christof Wahl (hereinafter also referred to as Sellers) and you as our customer for the goods presented in our range of products.

(2) A consumer means every natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession, Section 13 of the German Civil Code (BGB). An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or her or its trade, business or profession, Section 14 BGB.

(3) The provisions in Clauses 1 to 11 are intended for both consumers within the meaning of Section 13 BGB and entrepreneurs within the meaning of Section 14 BGB. Any deviating regulations for consumers or entrepreneurs are explicitly stated. The provisions in Clauses 12 to 14 contain (partly deviating) provisions that are intended solely for entrepreneurs and can be disregarded by consumers. The provisions set out in Clauses 15 to 16 are intended solely for advertisers on our websites and can also be disregarded by consumers.

(4) If third-party providers are commissioned with payment processing, e.g. PayPal, their general terms and conditions apply.

Clause 2 – Dispute resolution

The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes involving contractual obligations arising under online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Clause 3 – Conclusion of contract / storage of the contract text

(1) The presentation and advertising of items in our range does not constitute a binding offer to conclude a purchase contract, but an invitation to you to order the goods described in our range.

(2) The contract for the goods contained in your shopping cart is concluded by clicking the button “Place order” at the end of the ordering process. Immediately after sending the order, the customer receives a confirmation by e-mail.

(3) Your order data shall be stored by us. You shall receive an order confirmation including the data provided by e-mail that you can print out via your account.

Clause 4 – Prices, shipping costs and retention of title

(1) The prices stated on the product pages include the statutory value added tax and other price components.

(2) In addition to the prices stated, shipping costs might be charged that are shown in the shop on the page with the current shipping costs. The shipping costs shall be clearly communicated to you again in the shopping cart system and on the order page.

(3) The goods remain the property of TM Fashion UG until the purchase price has been paid in full. Before the transfer of ownership, any pledging, transfer by way of security, processing or transformation is not permitted without our consent.

Clause 5 – Terms of payment

(1) We offer the following payment methods: invoice, Paypal and credit card.

(2) If you are in default of payment, the purchase price shall be subject to interest at a rate of 5 percentage points above the base interest rate during the period of default. We reserve the right to furnish proof of and claim greater damage caused by default.

Clause 6 – Terms of delivery and reservation regarding correct and punctual supply to ourselves by our suppliers

(1) TM Fashion UG delivers worldwide. Delivery by TM Fashion UG is carried out by a transport service provider selected by TM Fashion UG, e.g. DHL/UPS.

(2) If not all of the ordered products are in stock, we shall be entitled to make partial deliveries at our expense, insofar as this is reasonable for you.

(3) If the ordered product is not available because our suppliers have not supplied us with this product through no fault of our own, we may withdraw from the contract. In this case, we shall inform you immediately and, if necessary, suggest a comparable product that we can deliver to you. If no comparable product is available or if you do not wish to receive a comparable product, we shall refund any payments already made to you without delay.

(4) Should the delivery of the goods fail through your fault despite three attempts made at delivery, we may withdraw from the contract. Any payments made shall be refunded to you without delay.

(5) Please understand that consignments on approval are not possible.

(6) If goods are delivered with obvious transport damage, please immediately lodge a complaint with the person/company effecting delivery and contact us as soon as possible (Tel: +49 (0) 211 8303100 or service@textilmitteilungen.de). Any failure to lodge a complaint or contact us has no consequences for your statutory warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance.

Clause 7 – Warranty

The statutory warranty rights apply to the goods offered in our online shop, unless the following provisions provide otherwise.

Clause 8 – Special regulations for subscriptions

I. For subscriptions, the following additional special regulations apply to entrepreneurs within the meaning of Section 14 BGB:

(1) Subscriptions with an agreed minimum term (i.e. subscriptions concluded for a specific period, the term of which is automatically extended after the minimum term has expired without due notice) may be terminated in writing with a notice period of four weeks to the end of the minimum term. The minimum term is two years at the maximum. If the subscription is not terminated, the term shall be extended by one year.

(2) Subscriptions with an agreed fixed term (i.e. subscriptions concluded for a specific period, the term of which is not automatically renewed) cannot be terminated with due notice and end automatically upon expiry of the fixed term. The fixed term is two years at the maximum.

(3) Please inform us immediately of any change in address or any other change so that delivery can continue to be made correctly because requests to forward post that can be made at the post office do not apply to magazines.

(4) If your address changes, the post office may inform us of your new address. However, you can object to the post office forwarding your address within a period of four weeks after ordering. We will assume that you agree to the forwarding of your address if you do not exercise your right to object in due time.

(5) The annual subscription price is due upon conclusion of the subscription.

II. For subscriptions, the following additional special regulations apply to consumers within the meaning of Section 13 BGB:

(1) Subscriptions with an agreed minimum term (i.e. subscriptions concluded for a specific period, the term of which is automatically extended after the minimum term has expired without due notice) may be terminated in writing with a notice period of four weeks to the end of the minimum term. The minimum term is two years at the maximum. After this, subscriptions may be terminated at any time with one month’s notice; subscribers shall be refunded any amounts paid in advance if and to the extent that the subscriber paid these amounts for periods after the end of the subscription.

(2) Subscriptions with an agreed fixed term (i.e. subscriptions concluded for a specific period, the term of which is not automatically extended) cannot be terminated with due notice and end automatically upon expiry of the fixed term. The fixed term is two years at the maximum.

(3) Please inform us immediately in the event of change in address or any other change so that delivery can continue to be made correctly because requests to forward post that can be made at the post office do not apply to magazines.

(5) The annual subscription price is due upon conclusion of the subscription.

Clause 9 – Terms of use for the online database

The following additional special regulations apply to the online database:

(1) TM Fashion UG offers customers access to the online database (“Database”), which provides access to items and construction drawings (“Material”) on the basis of a paid subscription.

(2) In accordance with the subscription and the provisions under this Clause 9, customers shall be granted a simple, non-exclusive, non-transferable right, limited to the duration of the subscription, to use the Material for themselves and for the contractually specified authorised users.

a. The use of the Database is limited to the number of authorised users specified in the subscription contract. The customer shall provide the names of the authorised users, unless access by means of IP or domain authentication has been agreed. When purchasing a subscription for individual users, only the customer whose personal e-mail address acts as the user name is authorised to use the Material. Where subscriptions are purchased for offices or institutions, the access authorisation shall apply solely to the number of users agreed with TM Fashion UG as well as to the registered IP addresses and/or domains. TM Fashion UG is entitled to check compliance with the terms of use. Authorised users are permitted to use the Material via computer workstations on the physical premises of the customer or – if the customer allows this – by means of remote access via the secure network of the customer.

b. The right of use depends on the subscription. With the basic tariff, the right of use only entitles the user to research and have read access. In the premium tariff, which is subject to an additional charge, it is also possible to download the Material to the computer of the customer or authorised user and to save and/or print it once. The download limit depends on the subscription selected. Any further reproduction or other use of documents or the Material of the Database is only permitted with the prior written consent of TM Fashion UG. It is not permitted to forward the Material to third parties, to reproduce it and/or to make it accessible to the public – in particular via other networks and/or the Internet. Furthermore, it is not permitted to use or exploit the Material in whole or in part by selling it, renting it out, leasing or lending it to third parties or in any other way.

c. In addition, it is not permitted to use and/or permanently store the Material in whole or in part to build up a systematic collection or in a local retrieval system. It is not permitted to incorporate the Material in databases or database works. Downloaded Material may generally only be stored for the duration of the subscription; it must be deleted afterwards. TM Fashion UG waives any right of return. The permanent archiving of the Material is not permitted.

d. The customer and authorised users may not process or edit the Material, either in whole or in part, or transform it in any other manner.

e. TM Fashion UG is entitled to take technical measures to prevent use beyond the scope permitted, in particular to install appropriate access blocks. The customer may not use any devices, products or other means serving to circumvent or overcome the technical measures of TM Fashion UG. In particular, the customer may not use robots, web crawler or spider programs, meta search engines or comparable technologies which automatically retrieve, search and/or index contents from the online Database. In the event of misuse, TM Fashion UG is entitled to immediately block or delete access to the Database. Further rights and claims of TM Fashion UG, in particular the right to extraordinary termination for good cause as well as claims for damages, remain unaffected.

(3) Registration is required to use the Database. The customer as well as the authorised users are responsible for keeping their personal user name and password secret. TM Fashion UG may block or delete access if it has reason to suspect misuse of user data. TM Fashion UG shall immediately inform the user of the blocking or deletion of access.

(4) The customer is responsible for maintaining the technical requirements for access to the Database, in particular in terms of the hardware and operating system software used, the connection to the Internet and the current browser software. The customer is obliged to take the necessary precautions to secure his/her/its systems, in particular to use the current security settings of the browser and to use the latest protective mechanisms to ward off malware.

(5) TM Fashion UG shall rectify defects in the Database or retrieved components within a reasonable period of time after the customer has provided a written, comprehensible description of the defect. If it is not possible to rectify the defect within a reasonable period of time, the customer may demand a proportional reduction of the remuneration. In the event of demonstrably repeated significant defects, the customer may cancel the subscription. Any claim due to defects is excluded if it is based on circumstances for which the customer is responsible, in particular if the customer fails to comply with his/her/its obligations to cooperate in accordance with this Clause 9.

(6) TM Fashion UG takes the customary care in selecting and maintaining the contents of the Database. TM Fashion UG is not liable for the correctness and completeness of the contents if it has received the contents from third parties.

(7) The availability of the Database may be temporarily restricted for technical reasons, for example due to any maintenance work that may be required. TM Fashion UG or its service provider may disconnect the servers from the network for maintenance work, which it shall announce at least four working days in advance. In the event of an outage of the server for a considerable period of time during customary service hours, the payment obligation of the customer shall be reduced accordingly where such an obligation exists.

(8) The customer is obliged to inform the authorised users of the above provisions and to ensure that they are complied with.

Clause 10 – Right of cancellation

Due to legal requirements there are differing rights of cancellation for
• contracts for the supply of goods (see Clause 10.1)
• subscription contracts (see Clause 10.2)
• contracts for the delivery of digital contents (terms of use for the online database) (see Clause 10.3)
• no right of cancellation for tickets, cancellation conditions for tickets (see Clause 10.4)

Clause 10.1 – Cancellation right for contracts for the delivery of goods

(1) Consumers have the following fourteen-day right of cancellation for contracts for the delivery of goods.

Information on cancellation

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must inform us,

TM Fashion UG
Liesegangstraße 17
40211 Düsseldorf, Germany

Tel.: +49(0)211 83030
Fax: +49(0)211 8303200
E-mail: info@textilmitteilungen.de

by means of an unambiguous and clear declaration (e.g. a letter sent by post or an e-mail) of your decision to cancel this contract. You can use the attached model cancellation form for this purpose, which is, however, not mandatory. To comply with the cancellation period, it is sufficient if you send the notification of the exercise of your right of cancellation before the end of the cancellation period.

Consequences of cancelling the contract

If you cancel this contract, we must refund all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you chose a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this refund, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund. We may refuse to make a refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to

TM Fashion UG
Vertriebsunion Meynen
D-65341 Eltville
Germany

Tel.: +49 (0)61 23 / 92 38-211
Fax : +49 (0)61 23 / 92 38-212
E-Mail: service@textilmitteilungen.de

You shall bear the direct costs of returning the goods. You are only required to pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

– End of the information on cancellation –

(2) The right of cancellation does not apply to contracts for the delivery of

• newspapers, periodicals or magazines except for subscription contracts,
• goods that are not prefabricated and for the production of which it is decisive that the consumer individually selects or designates them or which are clearly tailored to the personal needs of the consumer, for the delivery of goods that can spoil quickly or the use-by date of which would be quickly exceeded,
• sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
• goods if these have been inseparably mixed with other goods after delivery due to their nature.

(3) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all the accessories and with all the packaging components. If necessary, use additional protective packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage in order to avoid claims for damages due to incorrect packaging.

(4) Please note that the recommendations mentioned in paragraph (3) are not a prerequisite for validly exercising your right of cancellation.

Clause 10.2 – Right of cancellation for subscription contracts

(1) Consumers have the following fourteen-day right of cancellation for subscription contracts.

Information on cancellation

Right of cancellation

TM Fashion UG
Geschäftsbereich TM und JNC
Liesegangstraße 17
40211 Düsseldorf
Germany

Tel.: +49 (0) 211-83 03-0
Fax: +49 (0) 211-83 03-200
E-Mail: info@textilmitteilungen.de

Consequences of cancelling the contract

Leserservice TM Fashion UG
Vertriebsunion Meynen
D-65341 Eltville
Germany

Tel.: +49 (0)61 23 / 92 38-211
Fax : +49 (0)61 23 / 92 38-212
E-Mail: service@textilmitteilungen.de

without delay and at all events no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

– End of the information on cancellation –

(2) The right of cancellation does not apply to contracts for the delivery of

(4) Please note that the recommendations mentioned in paragraph (3) are not a prerequisite for validly exercising your right of cancellation.

Clause 10.3 – Right of cancellation for contracts for the supply of digital content (terms of use for the Detail database)

(1) Consumers have the following fourteen-day right of cancellation for contracts for the supply of digital content (access to the Detail database).

Information on cancellation

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the date of conclusion of contract. In order to exercise your right of cancellation, you must inform us

TM Fashion UG
Geschäftsbereich TM und JNC
Liesegangstraße 17
40211 Düsseldorf
Germany

Tel.: +49 (0) 211-83 03-0
Fax: +49 (0) 211-83 03-200
E-Mail: info@textilmitteilungen.de

Consequences of cancelling the contract

If you cancel this contract, we must refund all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you chose a type of delivery other than the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this refund.

– End of the information on cancellation –

(2) Please note that in the case of a contract for the supply of digital content which is not stored on a physical data medium your right of cancellation under Section 356 (5) BGB expires if the entrepreneur has commenced performance of the contract after the consumer (1) has expressly consented to the entrepreneur commencing performance of the contract before the expiry of the cancellation period and (2) has confirmed having knowledge that by consenting the consumer loses his/her/its right of cancellation upon commencement of performance of the contract.

Clause 10.4 – No right of cancellation for tickets, cancellation conditions for tickets

(1) Even if TM Fashion UG offers tickets via means of distance communication within the meaning of Section 312c (2) BGB and this might therefore involve a distance contract pursuant to Section 312c (1) BGB, the customer has no right of cancellation when purchasing a ticket pursuant to Section 312g (2) no. 9 BGB. This means that there is no two-week right of cancellation or return. Each submission of an offer or order for tickets is therefore binding immediately after confirmation and obliges the customer to accept and pay for the tickets ordered.

(2) The following conditions apply when cancelling tickets for an event with info@textilmitteilungen.de:

• The cancellation of tickets up to 1 week / 5 working days before the event is free of charge.
• The cancellation of tickets up to 3 days before the event is subject to a charge of 50% of the ticket price (EUR 15 for free attendance tickets) plus a EUR 5 handling fee.
• The cancellation of tickets up to the day of the event is subject to a charge of 90% of the ticket price (EUR 29.95 for free attendance tickets) plus a handling fee of EUR 5.

Clause 11 – Applicable law

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. If you have placed the order as a consumer and have your habitual residence in another country at the time when you placed the order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

The provisions set out under Clauses 12 to 14 below are intended solely for entrepreneurs within the meaning of Section 14 BGB and can be disregarded by consumers.

Clause 12 – Delivery to entrepreneurs

In deviation from Clause 6 para. (6), the following applies to entrepreneurs:

(1) The entrepreneur must inspect the delivered goods for defects immediately upon receipt.

(2) Obvious defects must be reported to TM Fashion UG in writing immediately if the entrepreneur is a trader within the meaning of the German Commercial Code and at the latest within 2 weeks after receipt of the goods if the entrepreneur is not a trader.

(3) Goods that are the subject of complaint may only be returned with the written consent of TM Fashion UG. Unauthorized returns and returns without providing any reference shall not be processed and shall be returned to the sender unprocessed with unfree postage.

Clause 13 – Retention of title for entrepreneurs

In deviation from Clause 4 para. (3), the following applies to entrepreneurs:

(1) All deliveries are made under extended reservation of title.

(2) The goods shall remain the property of TM Fashion UG until the satisfaction of all claims (including all current account balance claims) to which TM Fashion UG is entitled against the entrepreneur now or in the future. If the entrepreneur is not a trader as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, the goods shall remain the property of TM Fashion UG only until the claim for the actually delivered goods has been satisfied. The entrepreneur shall be entitled to sell the goods subject to retention of title in the ordinary course of business as long as the entrepreneur is not in default of payment. Pledges and transfers of ownership by way of security are not permitted. The entrepreneur hereby fully assigns claims arising from the resale or from any other legal reason (insurance, tort) with regard to the goods subject to retention of title (including all current account balance claims) to TM Fashion UG by way of security. The entrepreneur is revocably authorized to collect the assigned claims for his/her/its own account. This collection authorization may be revoked if the entrepreneur is in default with his/her/its payment obligation. In this case TM Fashion UG shall be entitled to disclose the assignment and to pay the amounts itself.

(3) In the event of default in payment, TM Fashion UG shall be entitled to take back the goods subject to retention of title or, if applicable, to demand assignment of the claims for return against third parties. The taking back as well as the seizure of the goods subject to a retention of title by TM Fashion UG shall not constitute a withdrawal from the contract.

(4) TM Fashion UG undertakes to release the security to which it is entitled at the request of the entrepreneur insofar as the value of the security exceeds the claims to be secured by more than 20%.

Clause 14 – Place of performance, applicable law, place of jurisdiction for entrepreneurs

In addition to Clause 11, the following applies to entrepreneurs:

(1) If the entrepreneur is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Munich, Germany shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship.

(2) The same place of jurisdiction shall apply if the entrepreneur does not have a general place of jurisdiction in Germany, moves his/her/its domicile or habitual place of residence out of Germany after conclusion of the contract or his/her/its domicile or habitual place of residence is not known to TM Fashion UG at the time the action is brought.

The following paragraphs Clauses 15 and 16 are intended solely for advertisers on our websites:

Clause 15 – Rights of use

Insofar as customers provide TM Fashion UG with photographs, photographic works, representations of a scientific or technical nature, such as drawings, plans, maps, sketches, tables and plastic representations and/or other works (hereinafter: “CONTENT”) within the scope of an order, the customer shall transfer to TM Fashion UG the rights of use to the CONTENT in accordance with the following regulations and shall vouch for the following:

(1) Upon transmission of the CONTENT, TM Fashion UG shall acquire the right, without limitation in terms of time, space and content, to use the CONTENT in tangible and intangible form, both digitally and analogously, insofar as and to the extent that this is necessary for the execution of the customer’s order. In this respect and to this extent, the following rights are granted in particular:

• a printing right, i.e. the right to publish the CONTENT in printed matter of all kinds and to reproduce and distribute it in any number of copies and editions, in particular in newspapers, magazines, supplements, special publications and books (e.g. collections of articles);

• a multimedia right, i.e. the right to reproduce and distribute the CONTENT in electronic storage media of all kinds (including interactive editions);

• an online right, i.e. the right to make the CONTENT available to a limited or unlimited group of recipients by means of digital transmission technologies of all kinds, wirelessly or wire-bound, in such a way that it can be accessed individually or collectively by third parties from places and at times of their choice for reproduction by means of stationary or mobile terminal devices of all kinds (e.g. PCs, smartphones, tablets, TV equipment, e-readers) and used in other ways (e.g. stored, forwarded or printed out). The rights of use relate in particular to telemedia and media services, Internet-based distribution platforms, mobile radio-based services, intranet, extranet, electronic press, SMS, MMS, apps (irrespective of the operating system), subscription services, podcasts, e-papers and e-books, news feeds, news tickers, RSS, newsletters, push and pull services, Twitter services, social networks (e.g. fan pages of publisher’s titles and what are known as social plugins including the authorization to allow third parties to share and recommend the CONTENT) and electronic press reviews;

• a database and archiving right, i.e. the right to archive the CONTENT as part of electronic and analogue databases together with other works and to make it accessible to third parties with the possibility of reproduction, downloading, retransmission and printing regardless of the format (e.g. as PDF, TIFF, HTML or in printed form);

• a filming and dubbing right, i.e. the right to use the CONTENT as a template for the production of films and dubbings of all kinds (e.g. audio books) and to exploit it (e.g. on the Internet and radio);

• a broadcasting right, i.e. the right to make the CONTENT available to the public by analogue or digital broadcasts of all kinds, e.g. radio and television broadcasting, irrespective of the transmission path (e.g. terrestrial, cable, satellite and Internet) and the form (e.g. teletext, TV feeds, TV apps, live tickers and interactive TV). This includes the right to make the CONTENT accessible to a limited group of recipients via what is known as closed circuit TV or other technical processes, e.g. in waiting rooms, hotels, aeroplanes, railway stations or in public places;

• a right to advertise, i.e. the right to use the CONTENT in media of all kinds (e.g. print, online, app, mobile and TV) for the purpose of advertising as well as in advertisements and advertising material of all kinds, e.g.: display advertisements, classified advertisements, supplements, special publications, press releases, brochures, leaflets, catalogues, books, business letters, information sent to business partners, mailings, posters, flyers, displays, banners, roll-ups, electronic banners, skyscrapers, pop-ups, cinema and video spots, DVD spots, television and radio spots, in-game advertising as well as at trade fairs, exhibitions, sales events, festivals and competitions;

• commercial exploitation through the production and distribution of goods of all kinds (merchandising);

• an editing right, i.e. the right to restructure, abridge (e.g. in the form of abstracts), divide, cut out, combine with other works, translate, enlarge or reduce, add a watermark to or otherwise edit the CONTENT while respecting personal rights using analogue or digital techniques;

• a right of reproduction, i.e. the right to reproduce the CONTENT in digital or analogue form as desired within the scope of the types of use listed – also on carriers other than those originally used, e.g. on paper, CDs, DVDs, USB sticks, hard disks or on servers.

(2) TM Fashion UG acquires the aforementioned rights as simple, non-exclusive rights of use.

(3) TM Fashion UG shall be entitled to transfer the acquired rights of use to the CONTENT in whole or in part to third parties and/or to grant third parties simple rights of use to the CONTENT or parts thereof and/or to permit third parties to use the CONTENT or parts thereof, in each case insofar as and to the extent that this is necessary for the execution of the customer’s order.

(4) The customer shall inform TM Fashion UG of the name of the author of the CONTENT so that the author can be named accordingly in the copyright notice.

(5) The customer guarantees that they are entitled to dispose of the transferred rights of use, in particular that they are in possession of all rights of the copyright authors and ancillary copyright authors as well as other entitled parties required for the execution of the customer’s order. The customer guarantees that neither the use of the CONTENT by TM Fashion UG in accordance with the order nor the aforementioned granting of rights violate the rights of third parties (e.g. copyrights, the right to one’s own image, patent and/or trademark rights). The customer shall indemnify TM Fashion UG against claims of third parties that are asserted against TM Fashion UG based on the use of the transferred rights in accordance with the order and/or the aforementioned granting of rights and shall indemnify TM Fashion UG against all costs and damages.

(6) The customer shall be responsible for the validity of the rights of use granted to the CONTENT, insofar as this is necessary for the execution of the order. If there are doubts about the validity of the rights of use granted, the customer shall be obliged to expressly inform TM Fashion UG of these as well as of the circumstances on which the doubts are based when transmitting the CONTENT.

(7) The customer shall be obliged to support TM Fashion UG in defending its rights against third parties, irrespective of the legal grounds, in the best possible way, in full and without restriction. In particular, the customer shall be obliged to furnish proof of the acquisition of the transferred rights of use by submitting original documents (chain of title) upon request by TM Fashion UG.

Clause 16 – Advertorials on social media channels

TM Fashion UG shall publish advertorials on the social media channels of TM Fashion UG (e.g. on Facebook) at the request of the customer. TM Fashion UG shall make every effort to keep the advertorials on its social media channels published for the contractually notified period. The customer is expressly advised that social media channels delete advertorials irrespective of whether they are authorized to do so. Therefore, TM Fashion UG shall not assume any guarantee/warranty that advertorials on the social media channels of TM Fashion UG will (can) be published for a certain period of time. If the customer owes remuneration for the publication of an advertorial on social media channels of TM Fashion UG, this shall be deemed to have been earned in full by TM Fashion UG when the advertorial is published on the corresponding social media channels of TM Fashion UG for the first time. The actual duration of the publication is irrelevant for this.