General terms and conditions for the textilwerk.com platform

1. Subject of the contract

   1. A multichannel internet platform is operated on the platform, on which designers can publish their own home textile designs as well as offer home textile products with their designs to end customers. For this purpose, the designer has a configurator available on the platform, which can be used to apply his own designs to specified Heimtextil products. The sale of designs and products with them to end customers takes place exclusively via textilwerk.com, so that the designer does not have to enter into a separate contractual relationship with end customers.
   2. textilwerk.com enables the designer to participate in the platform within the framework of the available technical and operational possibilities. textilwerk.com reserves the right to modify its services and make technical changes or to cease operation of the platform at any time for an indefinite period or completely.
   3. The platform can primarily be used via a stationary device via an Internet connection. It can also be used via various other internet-enabled mobile devices, although the scope of functions and / or the display of the platform may be restricted here.

2. Registration

   1. In order to work as a designer on the platform, a registration is required, on the basis of which a separate designer account (hereinafter „account“) is created. Registration on the platform is free of charge.
   2. The registration and the associated application to open an account is carried out by truthfully filling out a corresponding online form and entering the required information by the designer. The name to be chosen by the designer himself must not consist of an e-mail or internet address, violate the rights of third parties, be of a racist or sexually discriminatory nature or offend morality in any other way.
   3. By registering to use the platform, the designer expressly guarantees that he is of legal age and legal capacity or, in the case of minors, that he has the consent of the legal representative.
   4. A designer is not allowed to create multiple accounts on the platform.
   5. With the completion of the registration process by the designer, he submits an offer to conclude a contract for the use of the services provided by textilwerk.com on the platform. textilwerk.com accepts this offer by activating the designer for his services, whereby the contract between the designer and textilwerk.com is concluded. textilwerk.com reserves the right to refuse registration without giving reasons.
   6. The designer undertakes to keep the access data (login data, passwords, etc.) received from the operator for the purpose of accessing his account secret.
   7. The designer does not pass on his access data to unauthorized third parties. The designer informs textilwerk.com immediately as soon as he becomes aware that unauthorized third parties have access to and know the access data. If a third party uses an account after they have obtained the access data because the designer has not adequately protected them against unauthorized access, the designer must be unclear about who has acted under the account in question and in the event of the risk created by him a breach of contract or other legal infringement can be asserted, have it treated as if he had acted himself.
   8. In the event of a justified suspicion that access data has become known to unauthorized third parties, textilwerk.com is entitled, but not obliged, to change the access data independently or to block the use of the account at its own discretion without prior notice. textilwerk.com will immediately inform the authorized designer of this and, upon request, provide him with the new access data within a reasonable period. The designer has no right to have the original access data restored.
   9. textilwerk.com reserves the right to completely delete accounts of designers who have not used their account for more than 180 days.

3. Contract language, contract text storage

   1. The language available for the conclusion of the contract is German or English.
   2. textilwerk.com saves the data currently provided by the designer, the content made available in the designer's account and the platform settings made by the designer. The designer can view this information through his account. These terms and conditions are also saved by textilwerk.com and can be accessed at www.textilwerk.com/en/terms-and-conditions/. Otherwise, textilwerk.com does not save the text of the contract after the contract has been concluded.

4. Provision of designs and other content

   1. Within the framework of the platform, the designer has the option of providing textilwerk.com with self-created designs, descriptions, texts/claims, logos and graphics (hereinafter referred to as “content(s)“). The configurator provided on the platform can be used for this. The designer can apply the content to a product of his choice from the Heimtextil product range at textilwerk.com and have it distributed via the platform.
   2. textilwerk.com is not obliged to use the content provided. textilwerk.com is also entitled at any time to refuse the publication of content at its own discretion and without giving reasons, to restrict it to certain sales channels or to end it.

5. Granting of rights

   1. The designer grants textilwerk.com spatial and temporal, non-exclusive rights of use to the designs created by him, to use the designs for the production of products of all kinds and to evaluate these products in all sales channels, in particular to reproduce and distribute them (especially online Trade). This includes the right to edit the designs for the purpose of manufacturing the products as well as to advertise the products in accordance with Section 2, in particular to adapt them to the website format specifications required for use or to improve the display quality.
   2. The designer also grants textilwerk.com the unlimited, non-exclusive rights of use to advertise the products manufactured using his design on the textilwerk.com website and in all other media, in particular, but not exclusively, social media, print products and audiovisual media . The designer can be named. However, there is no obligation to mention.
   3. The aforementioned rights of use may also be transferred from textilwerk.com to third parties.
   4. The granting of the aforementioned rights of use is fully covered by the performance-based commission agreed under 8. Prices and remuneration.

6. Third party rights and indemnification

   1. When submitting and/or configuring his designs, the designer assures textilwerk.com that all of the content he uses is free of third-party rights. In this case, any violations of copyright, personality, trademark and / or name rights are entirely at the expense of the designer.
   2. Any checks carried out by textilwerk.com as part of the transmission of such content are expressly limited to the technical usability of this content for use in accordance with the contract. Under no circumstances does textilwerk.com check the existence of third party rights to the content and is not obliged to do so.
   3. If the designer violates the rights of third parties or violates legal provisions through content posted on the platform, he releases textilwerk.com from all claims upon first request if textilwerk.com is claimed by third parties as a result of this legal violation. In this case, the designer has to reimburse textilwerk.com for all costs incurred as a result of the legal infringement, including the necessary legal defense costs. This does not apply if the designer is not responsible for the infringement. Further claims for damages by textilwerk.com remain unaffected.

7. Rights and duties of the designer

   1. The designer assures that the information given by him in the course of the registration as well as in the course of the contractual relationship about his person and other circumstances relevant to the contract is complete and truthful. The designer undertakes to inform textilwerk.com immediately of any changes to the data. He has to confirm the data on request from textilwerk.com.
   2. The designer is responsible for ensuring that the content posted by him on the platform is free from viruses, Trojans or other programs that could endanger or impair the functionality or the existence of the platform. In this respect, textilwerk.com reserves the right to claim against the designer for any resulting damage.
   3. It is forbidden to exploit bugs and / or errors in the programming of the platform for your own purposes. Detected bugs and / or errors must be reported to textilwerk.com as soon as possible by email or via the contact form.
   4. The designer is solely and personally responsible for the content posted by him on the platform. He is obliged to observe the applicable laws and all rights of third parties when using the content and services of the platform. In particular, but not limited to, the designer is prohibited from using offensive or defamatory content, regardless of who this content affects; to use pornographic, racist content or content that violates youth protection laws or to advertise, offer or distribute pornographic, racist or youth protection laws; other users of the platform unreasonable within the meaning of the § 7 UWG, to use legally protected content without being authorized to do so or undertaking or promoting anti-competitive actions.

8. Prices and remuneration

   1. Each designer receives a set commission, which is paid out to him when one of his products is sold. The sale can be made directly to the end customer (consumer) or a sales partner (entrepreneur) of textilwerk.com.
   2. The commission is 10% of the net sales price per product sold. This net sales price is exclusive of volume discounts or discounts granted to sellers by textilwerk.com, for example.
   3. textilwerk.com can change the prices of the products offered on the platform as well as the respective print at any time and adjust its product range. A change in prices is possible in particular in the context of event-related discount campaigns.
   4. The billing of the remuneration resulting in favor of the designer in accordance with Section 8.2 takes place monthly by textilwerk.com, at the latest on the fifteenth working day of the following month, unless otherwise agreed between the parties. Payment is made in euros; the exchange rates of the Deutsche Bundesbank on the day of the payout apply accordingly to convert currencies.
   5. In the case of the successful sale of an individualized product, the designer receives the commission on the determined net price. This can vary depending on the country due to the different high gross prices for consumers there.
   6. The designer must ensure that correct and complete payment data is stored in his account. The designer must also be the recipient of the payments. Insofar as textilwerk.com incurs costs from storing incorrect payment data, these are to be borne in full by the designer.

9. Gewährleistung und Garantien

   1. Unless otherwise expressly agreed below, the statutory right to liability for defects applies. If the designer is an entrepreneur, the limitation period is one year.
   2. Information, drawings, illustrations, technical data, descriptions of weight, dimensions and services contained in brochures, catalogs, circulars, advertisements or price lists are purely for informational purposes. textilwerk.com does not guarantee the correctness of this information. With regard to the type and scope of the delivery, only the information contained in the contract text is decisive.

   3. The above restrictions and shortened deadlines do not apply to claims based on damage caused by textilwerk.com or their legal representatives and / or vicarious agents

      • in the event of injury to life, body or health,
      • in the event of willful or grossly negligent breach of duty and malice,
      • in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
      • as part of a guarantee promise, if agreed, or
      • as far as the scope of the product liability law is opened.

      Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages within the framework of the platform.

10. Liability

    For claims based on damage caused by textilwerk.com, its legal representatives and / or vicarious agents, textilwerk.com is always unrestrictedly liable

    • in the event of injury to life, body or health,
    • in the event of willful or grossly negligent breach of duty,
    • in the case of guarantee promises, if agreed, or
    • as far as the scope of the product liability law is opened.

    In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the designer can regularly rely on, (cardinal obligations) due to slight negligence on the part of textilwerk.com, its legal representatives and / or vicarious agents, the liability is increased limits the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.

11. Term and termination

    1. The contract for the use of the platform is concluded for an indefinite period. The designer can terminate his membership on the platform at any time by giving notice.
    2. textilwerk.com is entitled to immediate termination if the designer violates his obligations under these terms and conditions. In this case, textilwerk.com is entitled to delete the content posted by the designer from the platform. In this respect, the designer has no claim to the surrender or other transfer of the content he has posted.
    3. The termination must be in text form or implicitly by deactivating the designer account. Any remaining payment claims remain unaffected by the termination and will be paid out in accordance with the agreements made here.

12. Reachability

    textilwerk.com endeavors to maintain the platform constantly within the scope of the technical possibilities. In particular, maintenance, security or capacity issues, which are not in the area of responsibility of textilwerk.com, can lead to short-term disruptions or to temporary settings of the platform. In this respect, the designer recognizes that continuous availability of the platform cannot be technically guaranteed.

13. Final provisions

    1. The place of performance for all deliveries is the registered office of textilwerk.com in Emsdetten.
    2. If the designer is a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Rheine is the place of jurisdiction. In this case, textilwerk.com is also entitled to sue the designer at textilwerk.com's option at their company headquarters. The same applies in the event that the designer does not have a general place of jurisdiction in Germany, relocates his domicile or usual place of residence outside of Germany after conclusion of the contract, or his place of residence or usual place of residence is unknown when a lawsuit is filed.
    3. The contract in accordance with these terms of use is exclusively subject to the law of the Federal Republic of Germany. The validity of the UN sales law is excluded.
    4. Should individual provisions of these terms of use be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.

Status: March 2020