General terms and conditions of Textination
General The general terms and conditions arrange the contractual relationship between the Textination GmbH, Isolde-Kurz-Straße 90, D-48161 Münster, as operator of www.textination.de and other TLD - Supplements (consecutively named Textination) and the registered users of this website. With the registration on Textination you accept our general terms and conditions. If you have any questions concerning our general terms and conditions or the function of Textination, please contact us by sending a mail to (info@textination.de). Textination is a vertical internet portal of the textile business for companies, constitutions and interested public. Textination provides: information and communication possibilities around the textile business, a B2B-eCommerce-Platform and the knowledge database TextileTechnology in co-operation with the Deutsche Fachverlag, Frankfurt. The access to documents on the extranet is depending on the company’s membership to German associations of the textile industry, the clothing industry and the textile retail industry listed under: www.textination.de/de/Verbaende. §1. eCommerce-Platform: Suppliers A – Z / Marketplace The suppliers directory is available for legal and natural, unlimited contractually capable persons of the textile business and associated industries, which can register their profile on the platform. On the marketplace users can supply, distribute and purchase products and services from the environment of the textile business whose supply, distribution and purchasing infringe upon statutory provisions, these general terms and conditions or generally accepted commercial guidelines. The marketplace is exclusively released for B2B activities; the commercial transactions with ultimate consumers are excluded. For the section of home textiles, clothing and accessories a minimum of 10 pieces per article is required. It is forbidden to offer articles and services whose supply, sale or purchasing infringe upon statutory provisions or morality. In particular it is forbidden to offer articles which infringe upon the industrial property rights and the copyright. The supplier has to publish his offers in the appropriate categories and to describe them precisely and completely. All the attributes and criteria which are important for the buying decision or defects which might reduce the price of the products has to be truthfully specified. Furthermore the user has to be informed completely about the properties of the offered articles, decision authority and the conditions of payment and delivery. The supplier may describe his products in words and picture. The description of the products and the picture must not enclose advertisements for other products than the one which is offered. Textination itself does not offer products and services on the marketplace and is not becoming contracting partner of the exclusively between the users of the marketplace signed contracts. The compliancy of signed contract on the Textination website happens exclusively between the users. It is forbidden for Textination user to use addresses, contact data and e-mail addresses from the Textination website for commercial advertisements or to send unsolicited commercial e-mail (Spam) and the like. §2. Conclusion of the license agreement The services of Textination can be used after making an application and after having been accepted by Textination. The right to the use the services of Textination is not given. With the acceptance of application by Textination a license agreement between the enrolled user and Textination accomplishes. The application is raised by the opening of a user’s account with the inclusion of the available section specification. The acceptance by Textination happens in written form (fax, letter or mail) with the confirmation for the account. By the registration the user of Textination gets a user name and a password. The user is just able to change the password. You have to keep the password secret. The right to the use the services of Textination is not given. The information which is prompted in the application has to be complete and correct, e.g. company name, first and last name of the business manager, the effective address and telephone and fax number as well as a valid e-mail address. If one of the data which the user had given in the application changes the user is bound to inform Textination immediately. §3. Contract period, Cancellation The license agreement between Textination and the user are concluded fort he period of a year, starting with the first of the following month. A prior, contractual notice of dismissal is not possible. Hereof the possibility of extraordinary notice of cancellation will remain unaffected. For this purpose a written message of the user to Textination GmbH, Isolde-Kurz-Straße 90, D-48161 Münster or an e-mail to info@textination.de uwith details on the termination reason. The right to block an account by Textination will remain unaffected by this arrangement. With the end of a year the license agreement expires automatically. A dismissal is not necessary. Textination will contact the user before the expiration of the contract period regarding to the continuation of the contractual relationship. If you want to arrange periods for the license agreements which differ from this regulation, please contact Textination. §4. Blocking of an account Textination is able to block a user’s account if the user offends against this general terms and conditions or within the scope of the usage of the Textination platform offends against applicable law or another justifiable Interest for the protection of other user’s against bogus activities is existent. In this case a proportionate payback of the royalty will not be made. Textination is able to block a user’s account especially if: the user had given deliberately and grossly negligent wrong information by his registration the user in the context of using the Textination platform offends against the industrial property rights of a third party or the copyright the user in the context of his usage abuses services of Textination Textination will consider justifiable interests of the user by the decision of blocking someone’s account. §5. Usage exempt from charges The publishing of: apprenticeship offers, internship requests and offers, diploma thesis requests and offers as well as the announcement of an alumni profile is free of charge. The entry of companies in the „Suppliers A-Z / category retail“ within the B2B e-commerce-platform is for commercial enterprises is free of charge. §6. Usage with costs (Dues) The usage of the B2B-e-Commerce-platform of Textination is only allowed for companies (user). The usage of the service packages is liable to pay costs. The usage amount and the royalty result from the respective service packages. The service packages and the respective royalty (price list) are available on www.textination.de/de/My%20Textination/Mitglied%20werden. The listed dues apply for each company and contract duration independent from the amount of data transfer volume. For each company at most 500 individual accessions for employees can be created autonomous. Through the skeleton agreements with different associations companies are able to achieve rebates because of their membership. The partners of Textination are listed on the homepage under Our Partner with logo. To use the rebates the user has to send an email to info@textination.de with the naming of the association. Textination will inform the user by mail about the rebates. The dues have to be paid immediately. Textination will send the user the bill per letter. §7. Release The user releases Textination from all requirements, other users or other parties assert against Textination in cause of breaching their rights by offers or content of users on the Textination website or its usage. At this the user also inherits the costs of the required attorney’s fee of Textination including all court and lawyer fees. This doesn’t apply if the infringement is not caused by the user. §8. Availability of Textination Textination will exert itself for an error-free operation, but cannot provide that its services are available and error-free at anytime. It applies in particular if the access to the services and the Textination website is brought for by interferences, which are beyond the sphere of Textination. §9. Liability Textination is liable for disadvantages, except for the breach of important contractual obligation, only if Textination, its vicarious agent and/or legal agent is charged for a deliberate act and gross carelessness. Except for a deliberate act and gross carelessness for Textination, its vicarious agent and/or legal agent does not exist a liability for a surrogate for collateral damage, in particular for lost gain. Except for a deliberate act and gross carelessness the liability of Textination, its vicarious agent and/or legal agent is limited by on the conclusion of the contract predictable damage. The afore mentioned disclaimers and restrictions do not apply for the case of the acceptance explicit warranties and for damages of the violation of life, body or health as well as the case of stringency legal regulations. §10. Severability Clause The law of the Federal Republic of Germany applies. The implementation of the UN-purchasing right is excluded. Textination reserved to herself to change this general terms and conditions without naming the reasons. A link to the changed conditions will be sent to the user by mail two weeks before it will be come into effect. If the user is not contrary to the changed conditions within two weeks, the changed terms and conditions will be seen as excepted. If a clause of this general terms and conditions is ineffective, other clauses will remain unaffected. The ineffective clause is deemed to be replaced by another clause which in the whole purpose and effective in law manner economically is next to the ineffective clause. The same does apply to possibly regulatory gaps.

General terms and conditions of Textination

General

The general terms and conditions arrange the contractual relationship between the Textination GmbH, Isolde-Kurz-Straße 90, D-48161 Münster, as operator of www.textination.de and other TLD - Supplements (consecutively named Textination) and the registered users of this website. With the registration on Textination you accept our general terms and conditions. If you have any questions concerning our general terms and conditions or the function of Textination, please contact us by sending a mail to (info@textination.de).

Textination is a vertical internet portal of the textile business for companies, constitutions and interested public. Textination provides:

information and communication possibilities around the textile business,
a B2B-eCommerce-Platform and
the knowledge database TextileTechnology in co-operation with the Deutsche Fachverlag, Frankfurt.

The access to documents on the extranet is depending on the company’s membership to German associations of the textile industry, the clothing industry and the textile retail industry listed under: www.textination.de/de/Verbaende.

§1. eCommerce-Platform: Suppliers A – Z / Marketplace

The suppliers directory is available for legal and natural, unlimited contractually capable persons of the textile business and associated industries, which can register their profile on the platform.

On the marketplace users can supply, distribute and purchase products and services from the environment of the textile business whose supply, distribution and purchasing infringe upon statutory provisions, these general terms and conditions or generally accepted commercial guidelines. The marketplace is exclusively released for B2B activities; the commercial transactions with ultimate consumers are excluded. For the section of home textiles, clothing and accessories a minimum of 10 pieces per article is required.

It is forbidden to offer articles and services whose supply, sale or purchasing infringe upon statutory provisions or morality. In particular it is forbidden to offer articles which infringe upon the industrial property rights and the copyright.

The supplier has to publish his offers in the appropriate categories and to describe them precisely and completely. All the attributes and criteria which are important for the buying decision or defects which might reduce the price of the products has to be truthfully specified. Furthermore the user has to be informed completely about the properties of the offered articles, decision authority and the conditions of payment and delivery.

The supplier may describe his products in words and picture. The description of the products and the picture must not enclose advertisements for other products than the one which is offered.

Textination itself does not offer products and services on the marketplace and is not becoming contracting partner of the exclusively between the users of the marketplace signed contracts. The compliancy of signed contract on the Textination website happens exclusively between the users.

It is forbidden for Textination user to use addresses, contact data and e-mail addresses from the Textination website for commercial advertisements or to send unsolicited commercial e-mail (Spam) and the like.

§2. Conclusion of the license agreement

The services of Textination can be used after making an application and after having been accepted by Textination. The right to the use the services of Textination is not given. With the acceptance of application by Textination a license agreement between the enrolled user and Textination accomplishes. The application is raised by the opening of a user’s account with the inclusion of the available section specification. The acceptance by Textination happens in written form (fax, letter or mail) with the confirmation for the account.

By the registration the user of Textination gets a user name and a password. The user is just able to change the password. You have to keep the password secret. The right to the use the services of Textination is not given.

The information which is prompted in the application has to be complete and correct, e.g. company name, first and last name of the business manager, the effective address and telephone and fax number as well as a valid e-mail address. If one of the data which the user had given in the application changes the user is bound to inform Textination immediately.

§3. Contract period, Cancellation

The license agreement between Textination and the user are concluded fort he period of a year, starting with the first of the following month. A prior, contractual notice of dismissal is not possible. Hereof the possibility of extraordinary notice of cancellation will remain unaffected. For this purpose a written message of the user to Textination GmbH, Isolde-Kurz-Straße 90, D-48161 Münster or an e-mail to info@textination.de uwith details on the termination reason. The right to block an account by Textination will remain unaffected by this arrangement.

With the end of a year the license agreement expires automatically. A dismissal is not necessary. Textination will contact the user before the expiration of the contract period regarding to the continuation of the contractual relationship.

If you want to arrange periods for the license agreements which differ from this regulation, please contact Textination.

§4. Blocking of an account

Textination is able to block a user’s account if the user offends against this general terms and conditions or within the scope of the usage of the Textination platform offends against applicable law or another justifiable Interest for the protection of other user’s against bogus activities is existent. In this case a proportionate payback of the royalty will not be made. Textination is able to block a user’s account especially if:

the user had given deliberately and grossly negligent wrong information by his registration
the user in the context of using the Textination platform offends against the industrial property rights of a third party or the copyright
the user in the context of his usage abuses services of Textination

Textination will consider justifiable interests of the user by the decision of blocking someone’s account.

§5. Usage exempt from charges

The publishing of:

apprenticeship offers,
internship requests and offers,
diploma thesis requests and offers as well as the
announcement of an alumni profile is free of charge.

The entry of companies in the „Suppliers A-Z / category retail“ within the B2B e-commerce-platform is for commercial enterprises is free of charge.

§6. Usage with costs (Dues)

The usage of the B2B-e-Commerce-platform of Textination is only allowed for companies (user). The usage of the service packages is liable to pay costs. The usage amount and the royalty result from the respective service packages. The service packages and the respective royalty (price list) are available on www.textination.de/de/My%20Textination/Mitglied%20werden. The listed dues apply for each company and contract duration independent from the amount of data transfer volume. For each company at most 500 individual accessions for employees can be created autonomous.

Through the skeleton agreements with different associations companies are able to achieve rebates because of their membership. The partners of Textination are listed on the homepage under Our Partner with logo. To use the rebates the user has to send an email to info@textination.de with the naming of the association. Textination will inform the user by mail about the rebates.

The dues have to be paid immediately. Textination will send the user the bill per letter.

§7. Release

The user releases Textination from all requirements, other users or other parties assert against Textination in cause of breaching their rights by offers or content of users on the Textination website or its usage. At this the user also inherits the costs of the required attorney’s fee of Textination including all court and lawyer fees. This doesn’t apply if the infringement is not caused by the user.

§8. Availability of Textination

Textination will exert itself for an error-free operation, but cannot provide that its services are available and error-free at anytime. It applies in particular if the access to the services and the Textination website is brought for by interferences, which are beyond the sphere of Textination.

§9. Liability

Textination is liable for disadvantages, except for the breach of important contractual obligation, only if Textination, its vicarious agent and/or legal agent is charged for a deliberate act and gross carelessness.

Except for a deliberate act and gross carelessness for Textination, its vicarious agent and/or legal agent does not exist a liability for a surrogate for collateral damage, in particular for lost gain. Except for a deliberate act and gross carelessness the liability of Textination, its vicarious agent and/or legal agent is limited by on the conclusion of the contract predictable damage.

The afore mentioned disclaimers and restrictions do not apply for the case of the acceptance explicit warranties and for damages of the violation of life, body or health as well as the case of stringency legal regulations.

§10. Severability Clause

The law of the Federal Republic of Germany applies. The implementation of the UN-purchasing right is excluded.

Textination reserved to herself to change this general terms and conditions without naming the reasons. A link to the changed conditions will be sent to the user by mail two weeks before it will be come into effect. If the user is not contrary to the changed conditions within two weeks, the changed terms and conditions will be seen as excepted.

If a clause of this general terms and conditions is ineffective, other clauses will remain unaffected. The ineffective clause is deemed to be replaced by another clause which in the whole purpose and effective in law manner economically is next to the ineffective clause. The same does apply to possibly regulatory gaps.

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