Conditions of use

§ 1 Scope of application

1. SUPER ETAGE GmbH, Großer Burstah 45, 20457 Hamburg; hello (at), (hereinafter “SUPER ETAGE”) operates a search-engine based product order platform for the B2B fashion and lifestyle sector on the internet site (hereinafter “platform”). It offers a digital market place to the producers of goods (hereinafter “brands”) and traders, where brands and traders (hereinafter known collectively, unless explicitly differentiated, as “users”) can trade with each other efficiently and flexibly in many different ways. SUPER ETAGE provides a wide variety of services to facilitate this, which are undergoing continuous further development.

2. Use of the platform is open to registered users (“registered users”).

3. Clicking the relevant box during registration indicates the user’s acceptance of these conditions of use. The conditions may be reviewed and also printed at any time on the platform under Terms and conditions & data protection statement.

4. SUPER ETAGE reserves the right to amend these conditions of use at any time; there is no obligation to justify this action. Amended conditions of use will be published on the platform and also sent by e-mail to registered users 14 days before they come into effect. A registered user is able to decline the amended conditions of use for up to 14 days from receiving this e-mail. If this does not take place, this will be regarded as acceptance of the amended conditions of use. The 14-day deadline will be highlighted by SUPER ETAGE in the e-mail with the amended conditions of use sent to registered users.

5. If the registered user declines the amended conditions of use, SUPER ETAGE is entitled to delete his or her account and is also entitled to remove all user-specific data from the database; the registered user will also be informed of this in the e-mail mentioned above.

§ 2 Registration, entering into a contract, suspension, account deletion

1. An account may only be created by a brand owner (i.e. a manufacturer of fashion products, see above § 1 Para. 1), or who is an employee, advisor, agent or member of a clothing, shoe, fashion or accessories business or a sole trader, for the purpose of supplying, selling or purchasing specific products through the SUPER ETAGE website. No registered user may have more than one account on the platform. A registered user is required to declare that he has no other account on the platform as part of the registration procedure.

2. The registered user declares that all data and information and in particular the personal details are truthful (e.g. surname, first name, e-mail address etc.). It is his responsibility to keep the user password securely. Only this personal account may be used, and no use may be made of an account belonging to a third-party (without the permission of the third-party). User profile information may not be published, distributed or posted online.

3. Any contravention of § 2 Para. 1 and/or 2 as well as § 4 Para. 2 and/or 3 Section 2 entitles SUPER ETAGE to suspend the user account or in the case of serious and/or repeated contraventions to terminate the account (with no liability to refund any costs arising). This does not affect the right of either party to terminate the agreement immediately.

4. The contractual agreement between SUPER ETAGE and the registered user comes into effect by means of offer and acceptance. By completing and submitting the registration form on the platform, the user declares his offer to enter into the contractual agreement as a user. SUPER ETAGE may accept this offer within 30 working days by e-mailing a declaration of acceptance, which includes access information or clearance to use the protected area. However, there is no legal entitlement for the user’s offer to be accepted.

5. The user’s contractual agreement has an unlimited term.

6. The registered user is able to terminate the user’s contractual agreement and delete his account at any time. Termination of the account may be submitted to SUPER ETAGE by letter or by e-mail. The declaration of termination will be regarded as a regular termination dated until the end of the current calendar month. Access to the protected area of the platform will then be blocked at the start of the following month.

§ 3 Costs

There is no monthly charge for using the platform. There may be additional charges for brands (refer to § 5 Para 1 for further details).

§ 4 Provision of information by registered users

1. SUPER ETAGE offers registered users a messaging service on the platform, which is designed primarily for the exchange of ideas and information as well as for orders to be placed. Additionally, the registered user is able to set up a personal profile on the platform and to upload documents, photos and
publications as well as videos onto the platform.

2. It is expected that registered users will treat each other politely and with respect. Using or simulating a fictitious identity is forbidden, as are offensive, racist or sexist comments. No content may be published, if it contains viruses, other malware, files or programs, which have been developed to interrupt, damage, restrict or interfere with the function of software, hardware or telecoms devices, or to enable unauthorized access to systems, data, passwords or other information held by SUPER ETAGE or third parties.

3. The registered user will also respect national and international copyright and brand, patent, names and trademark rights as well as other commercial protected rights and privacy rights of third parties when posting news, information, photos and files. Any unauthorized form of advertising is also not permitted on the platform. Intellectual property rights (e.g. copyright and trademarks) in all content, such as images/texts, logos etc. belonging to SUPER ETAGE, are held by SUPER ETAGE and may not be adopted/utilised by the user.

4. SUPER ETAGE is authorized (but not obliged) to verify that all information (including hyperlinks) published by registered users complies with legal regulations. Amongst other entitlements, SUPER ETAGE is also entitled to delete any applicable information from the platform. If this happens, SUPER ETAGE will inform the registered user of the deletion by e-mail.

5. The registered user agrees to indemnify SUPER ETAGE as well as its subsidiaries, joint enterprises, agents and employees against legal actions or other claims and damages of any kind, which may arise from inappropriate use of the platform. In particular, the registered user agrees to release SUPER ETAGE from any liability in the event of any claims based on damages to personal reputation or related to abusive or other insulting language. SUPER ETAGE is also released from any claims for liability made by the registered user arising from the non-provision of services or due to the contravention of other rights (especially breaches of copyright, competition and brand rights laws). In the event that SUPER ETAGE incurs any legal costs to defend against potential claims for damages from third parties arising from any of the contraventions named previously, these will by borne by the registered user; this stems from the duty of indemnification.

§ 5 Special regulations for brands

1. SUPER ETAGE will not charge the brand an admin fee or registration fee. In addition, SUPER ETAGE will charge the brand a commission amounting to 8% per order. This will be billed by standing order using Wirecard (for further information refer to § 9 Para 2).

2. The brand grants SUPER ETAGE the authority to use the information posted and to publish this anonymously (particularly analysis tools).

3. Any images uploaded by a brand may be used, published and/or made publicly available by SUPER ETAGE.

4. Furthermore, the brand agrees only to trade its own products, this means that these are produced solely for this brand.

§ 6 Special regulations for traders

1. The trader gives its consent for SUPER ETAGE to use the information posted and to publish this anonymously (e.g. for analysis tools).

2. Any images provided by a trader may be used, published and/or made publicly accessible by SUPER ETAGE.

3. Use of the platform, including processing of orders, is free of charge for traders. SUPER ETAGE agrees to inform traders in advance of the future imposition of any charges on the platform and will give due notice.

§ 7 Data protection

1. SUPER ETAGE guarantees to handle carefully and responsibly all personal information provided by the registered user.

2. SUPER ETAGE will comply with laws on data protection; in particular the Federal Law on Data Protection as well as the data protection regulations in the Telemedia Act.

3. As a basic principle, SUPER ETAGE will not provide third parties with any personal information relating to a user, unless the user has given express permission for this in advance or there is a legal obligation to pass on information (e.g. to the authorities). If the registered user has granted permission for information to be passed on, this may be rescinded at any time by means of a simple message so via e-mail or in a letter. If there is justified suspicion that any law has been broken, which SUPER ETAGE then regards as proven, if legal papers have been presented and/or a fine has been issued, SUPER ETAGE will initially contact the user and request a comment. SUPER ETAGE will then decide at its reasonable discretion if the account should be suspended and if user data should be passed on.

4. Furthermore, the content of the current data protection statement applies, which you can find here and in the footer right at the bottom of the platform.

§ 8 Liability

1. As a matter of principle, SUPER ETAGE is not responsible for and accepts no liability for the information submitted by registered users. In this respect SUPER ETAGE is a platform, which merely maintains content provided by others. SUPER ETAGE is therefore also not responsible for the content and/or the logistics of an order or delivery. Users order and dispatch good at their own risk. Users themselves are responsible for ensuring that their trading is in line with applicable laws including regulations relating to international imports and exports and customs regulations.

2. SUPER ETAGE and its designated external service providers (e.g. web hosting) will always endeavour to maintain access to the platform’s servers around the clock. Contrary to this expectation, in the event of temporary downtime or technical problems, SUPER ETAGE is not liable for any potential waiting times when loading the internet pages or for the interruption of services.

3. SUPER ETAGE is not liable if third parties are successful in using illegal activities (e.g. so-called “hacking”) to gain access to a registered user’s private data. SUPER ETAGE is also not liable, if the registered user, by his own actions, has made information visible/available to third parties, which is then misused by the latter.

4. The limitations of liability detailed above do not apply in the event of gross negligence or intent by SUPER ETAGE or its agents.

5. SUPER ETAGE has the explicit right, but not the obligation, to check that the content of all information published by registered users is compliant with German laws and if necessary to remove this in its entirety or partially.

6. SUPER ETAGE has the authority to block fully or partially the platform’s services at any time, without having to give reasons for this, and to delete all saved information – even that belonging to registered users.

7. Furthermore, SUPER ETAGE is only liable for minor negligence towards the user or registered users if essential contractual obligations have been violated – i.e. those, which are essential for the objective of the contract to be achieved (cardinal obligations) – and also where there is loss of life, physical injury or damage to health, warranty rights granted, fraudulent intent and pursuant to the law on product liability. In the event of any violation of cardinal obligations, liability is limited to foreseeable damages. Furthermore, SUPER ETAGE’s pre-contractual, contractual and extra-contractual liability – in particular for indirect damages such as loss of profit, additional expenditure on staffing, downtime and loss of revenue – is limited to intent and gross negligence, with this limitation of liability also applying even if one of SUPER ETAGE’s agents is at fault.

§ 9 External service providers

1. SUPER ETAGE has the right to delegate the partial or complete execution of its services to an external service provider.

2. For the payment handling of an order, SUPER ETAGE offers the use of the payment service Wirecard UK & Ireland Ltd, 1st Floor Ulysses House, 1 Foley Street Dublin, Ireland or of Wirecard Technologies GmbH, Einsteinring 35, 85609 Aschheim, Germany. Wirecard UK & Ireland Ltd or Wirecard Technologies GmbH are independent services; SUPER ETAGE itself is not a payment service. Payment conditions and terms are determined by Wirecard and are available for inspection here

§ 10 Final provisions

1. If individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this does not affect the validity of the remaining parts of the contract. Instead of the invalid or unenforceable clause, an effective and enforceable ruling should come into effect, which has an economic objective as close as possible to the one pursued by the parties to the contract with the invalid or unenforceable clause. This applies equally in the event that the contract proves to be incomplete.

2. This contract is subject to German Law under exclusion of the UN Sales Law. In the event that the user or registered user is a trader or from another member state of the EU, Hamburg is the sole place of jurisdiction.

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