The following General Terms and Conditions (GTC) apply to all contracts between Wappen Men´s Fashion GmbH (hereinafter "DESOTO") and its contractual partners (hereinafter the "Customer") on the provision free of charge of photographic material in digital form and the granting of rights of use for such digital photographic material. Conflicting or deviating terms and conditions of business of the Customer will not be recognized. Recognition will not be assumed even if the Customer's General Terms and Conditions are not expressly contradicted in individual cases.
All graphical material that DESOTO offers to the Customer, especially under the domains www.desoto-shirts.de and the FashionCloud, is legally protected. All intellectual property rights to the image material remain with DESOTO or its licensors.
As far as a temporal restriction of use exists, the right of use ends automatically at the time indicated by DESOTO for the respective image material. In the spring/summer season it ends on 31 July and in the autumn/winter season on 31 January. The use of the respective image material, in whatever form, will be discontinued immediately after this date. In individual cases DESOTO may agree in writing to a longer use on request of the Customer. The application must be submitted before the expiry of the temporary right of use indicated.
The Customer is also liable to third parties for the use of the image material after the end of the period of use and will indemnify DESOTO from all claims of third parties in this regard.
A transfer of the rights of use to third parties is not permitted unless DESOTO has given its prior written consent.
The image material may only be used in the specified form. In particular, it may not be changed unless DESOTO has given its prior written consent to such change.
Before using the image material and before activating a website containing the image material, DESOTO must be informed of the intended use by email to evelyn.wabra@desoto-shirts.de.
DESOTO may revoke the granting of rights of use for the entire image material or individual image materials at any time and without stating reasons. The right of further use of the image material by the Customer ends immediately after receipt of the notice of revocation, and the Customer must delete the image immediately.
In addition, the statutory restrictions resulting from the copyright law and all other applicable legal regulations will apply.
The use of the image material is exclusively on the basis of these conditions.
Special agreements are only valid with written confirmation by DESOTO.
Should one or more provisions be or become invalid, the validity of the remaining provisions will not be affected. Invalid provisions will be replaced by such provisions as come closest to the economic sense intended by the invalid provision. The same applies to any gaps in the text of the contract.
The law of the Federal Republic of Germany is exclusively applicable, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a merchant, the exclusive legal venue is the registered office of DESOTO.
I have read the terms of use and will abide by them.
WAPPEN MEN´S FASHION GMBH
POSTFACH 5
D-91299 FORCHHEIM
KONRAD-OTT-STRASSE 1
D-91301 FORCHHEIM
TELEFON +49 (0) 91 91 / 83 - 399
TELEFAX +49 (0) 91 91 / 83 - 371
E-MAIL: INFO@DESOTO-SHIRTS.DE
MANAGING DIRECTOR: HEINO PUTNAI
REGISTERED OFFICE OF THE COMPANY: FORCHHEIM
REGISTER COURT BAMBERG HRB 2687
SALES TAX ID DE 811560154
WWW.DESOTO-SHIRTS.DE