// 1.1 The following general conditions for design contracts and offers in fashion and textile design apply to all design contracts and offers of the designer. With the acceptance of the offer or the conclusion of the contract, these framework conditions become part of the design contract between the parties.
// 1.2. Regulations deviating from these terms and conditions, in particular the customer's terms and conditions, only become binding with the express written confirmation of the designer.
// 2.1 "Pre draft" the representation, the individual and special features only hinted at;
// 2.2 "Draft" recognize the presentation, the peculiarities and the perception;
// 2.3 "Sewing Pattern" means the set of individual or standardized sample templates from which the design can be developed;
// 2.4 "Prototype" means the sample or test piece created according to the detailed design or the production drawings, which largely corresponds to the later series sample in terms of material and dimensions;
// 2.5 "Sample" is the template which, in its external appearance, corresponds exactly to the later serial sample and in a quality that can be used for brochure photos;
// 2.6 "First cut" the pattern that can still be corrected but has not yet been released for series production;
// 2.7 "Cutting Pattern" means the cut pattern approved for series production;
// 2.8 "Grading" = the size adjustment of the pattern;
// 2.9 "Collection" means the range consisting of several different models.
// 3.1 The client ensures that all information relating to the product to be designed, in particular from production, sales and trade, is made immediately and immediately accessible to the designer during the development phase.
// 3.2 The designer is only obliged to check the accuracy and completeness of the documents and information provided, which goes beyond general conclusiveness, on the basis of an express written agreement.
// 4.1 The designer undertakes to keep secret for an unlimited period of time all information and documents that become accessible to her in connection with the design contract, which are designated as confidential or which, under the circumstances, are clearly recognizable as business or trade secrets of the client, and to - if not necessary to achieve the purpose of the contract - neither to record nor to pass on or to exploit.
// 4.2 The designer will make appropriate agreements with the employees and agents working for her to ensure that they, too, refrain from any use, disclosure or unauthorized recording of such business and trade secrets for an unlimited period of time.
// 4.3 The client has corresponding obligations with regard to business and trade secrets of the designer. This also applies in particular to the idea and model studies brought to the attention during the development phase. On the criminal liability of a violation of these obligations according to. Sections 17 and 18 of the Unfair Competition Act are expressly pointed out.
// 4.4 Rights from the development phase, in particular rights of use to the presented design model variants, are not transferred to the client.
// 5.1 If binding deadlines are set for the project completion, the following applies:
// 5.2 If necessary Any delays that occur due to a lack of cooperation on the part of the client must be deducted from the deadline.
// 5.3 If the deadline is exceeded by more than 2 weeks, the client is entitled to set a grace period of at least 2 weeks, after which the client can no longer demand completion and the designer the acceptance.
// 5.4 If the non-compliance with the deadline is due to force majeure, the deadline will be extended in the event of a temporary nature of the disruption until it no longer exists, but no longer than 6 months. The same applies to strikes, lockouts, the lack of necessary import and export permits, unforeseeable operational disruptions or other events for which the designer is not responsible. This also applies if these circumstances occur with suppliers to the designer.
// 6.1 Each of the service phases is accepted separately.
// 6.2 The acceptance is deemed to have taken place tacitly if the services of the subsequent service phase are not contradicted in writing.
// 6.3 By accepting a service phase, its result becomes the binding basis for further services.
// 6.4 For reasons of taste (dislike), the acceptance cannot be contradicted. The client's right of termination remains unaffected.
// 7.1 The client can terminate the contract at any time until the service has been completed in full.
// 7.2 He can also terminate for reasons of taste (dislike).
// 7.3 If the client terminates the contract, the designer is entitled to demand the agreed remuneration for the service phase already performed including the phase in which the termination takes place.
// 7.4 The designer shows the client the completion of the individual service phases. The designer is obliged to give the client the opportunity to assess the phase end beforehand. The client is entitled to terminate the contract within 5 calendar days of receipt of the notification with effect for the consultation phase that has not yet been carried out.
// 7.5 If the client terminates, no rights of use are transferred to the client. All items made by the designer, e.g. Idea sketches, detailed drafts and models must be returned to the designer immediately.
// 8.1 The design product created by the designer is, according to their level of knowledge, an independent, personal intellectual creation. An assurance that goes beyond this declaration for the novelty or character of the idea on which the design product is based or for the legal validity or legal validity of property rights for the subject of the contract cannot be given.
// 8.2 The designer is not liable for the economic success achievable or achieved with the subject matter of the contract.
// 8.3 As a result of the freedom of taste transferred to the designer and the associated artistic peculiarities, the client cannot derive any subsequent performance or warranty rights for reasons of taste (dislike).
// 8.4 The client is obliged to independently check the design product for its functional suitability and safety, feasibility and saleability, since the focus of the service to be provided by the designer lies in the area of design.
// 8.5 The designer's liability for damage other than injury to life, limb or health is excluded if it is not based on an intentional or grossly negligent breach of duty by the designer or one of her legal representatives or vicarious agents.
// 9.1 The drafts, drawings, first cuts, prototypes and files of the designer are protected as personal intellectual creations by copyright, the regulations of which are also deemed to have been agreed if the creation level required according to Section 2 of the Copyright Act is not reached. The designer has the right to designate the author.
// 9.2 The works of the designer may only be used for the agreed type of use, to the agreed scope; In the absence of an express agreement, the only purpose of the contract is the purpose made recognizable by the client when placing the order. The client acquires the right of use with full payment of the agreed remuneration for service phases 1 and 2. The client is not subject to any export restrictions from the design contract.
// 9.3 Without the consent of the designer, your drafts, drawings, first cuts, prototypes and files may not be changed either in the original or in the reproduction; any imitation of the design or of elements from it is only permitted with the consent of the designer. A further transfer or licensing of the rights of use and all existing property rights to third parties requires the consent of the designer.
// 9.4 If a license fee (revenue sharing) has been agreed, the rights of use revert to the designer when the license fee payment is discontinued, without the need for a separate declaration of intent by one of the contracting parties. The same applies if the client does not start production within one year after completion of service phase 2 and offers manufactured products for sale within 3 additional months after the design contract. The same applies if the customer finally ceases to manufacture the products that are the subject of the contract. Legal property rights (registered designs, utility models, patents) registered by the client for the designer's services are also transferred to the designer in these cases.
// 9.5 Rights of use to the preliminary drafts, variants and studies of the final design product are not transferred, as these only prepare the development and decision-making for the selection of a final design.
// 9.6 If the designer develops protectable further developments or improvements during the contract period of the design contract, the client does not acquire any rights of use or exploitation.
// 9.7 The client is obliged to initiate or pursue all possible and promising measures to obtain legal property rights for the subject matter of the contract. The costs for this are borne by the client from the conclusion of the contract to the end of the contract. If the client does not comply with this obligation, the designer can do what is necessary at the client's expense if the lack of protection seriously and lastingly affects her interests.
// 9.8 The designer will prosecute infringement of the property rights for the subject matter of the contract. The client can also take action against such injuries at his own expense, whereby the designer is entitled to any compensation for injuries.
// 9.9 License fees (revenue sharing) are to be invoiced by the client at the end of each calendar quarter, submitting a verifiable list and paid to the designer within 30 days of the end of the quarter.
// 9.10 The designer is entitled to information about the scope of the uses made by the client. The designer is entitled to have the information reported to her about the calculation of the license fee checked by a member of the tax advisory profession who is bound to secrecy by inspecting the client's books. The client bears the costs of the assignment if his information turns out to be incorrect.
// 9.11 Rights of use are granted to the documents and objects handed over to the client; property rights are not transferred.
// 10.1 The designer is entitled to a free copy of the product that was manufactured using her design.
// 10.2 The designer is also entitled to free 10 copies of an advertising material that was produced for the product she designed.
// 10.3 The designer may publish copies of the product created on the basis of her performance and related advertising material and use it for her own advertising.
// 11.1 The place of performance is the seat of the designer.
// 11.2 The place of jurisdiction is the seat of the designer if the client is a registered trader or legal entity under public law or a special fund under public law or if the client does not have a general place of jurisdiction in Germany. However, the designer is also entitled to sue at the client's registered office.
// 12.1 Changes and additions to the contract must be made in writing, with correspondence or electronic transmission by email being sufficient.
// 12.2 The ineffectiveness of one or more of the preceding provisions does not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by an effective one that realizes the economic purpose pursued by the ineffective provision as far as possible.
— NUTZUNGSRECHTE —
Wird ein Entwurf genutzt, können sich Nutzungsrechte nach Bedarf dazuerworben werden. Der Nutzungsgesamtwert ergibt sich aus räumlichen, zeitlichen, umfänglichen und inhaltlichen Nutzen. Diese Teile werden zu einem Nutzungsfaktor addiert.
By booking design services from "Book my Brain // Buche mein Kreativhirn", the time required for the respective services is covered. If a design is used, rights of use can be acquired as needed. The total value of use results from below listed benefits. These parts are added up to a total usage factor.
LOKAL // LOCAL — 0
REGIONAL // REGIONAL — 0,1
NATIONAL // NATIONAL — 0,3
EUROPAWEIT // EUROPE — 1
WELTWEIT // WORLD WIDE — 2,5
ZEITLICH // TEMPORAL
6 MONATE // 6 MONTH — 0,1
1 JAHR // 1 YEAR — 0,2
5 JAHRE // 5 YEARS — 0,3
10 JAHRE // 10 YEARS — 0,5
UNBEGRENZT // UNLIMITED — 1,5
NUTZUNGSUMFANG // SCOPE OF USE
MINIMAL // MINIMAL (1 - 100 pieces) — 0
GERING / SMALL (100 - 500 pieces) — 0,1
MITTEL // RESONABLE (500 - 1k pieces) — 0,3
GROSS // BIG (1k - 5k pieces) — 0,7
UMFANGREICH // UNLIMITED (> 5k pieces) —1
NUTZUNGSART // CONTENT BENEFITS
EINFACH // SIMPLE — 0,2
AUSSCHLIESSLICH // TOTAL — 1
5 JAHRE BRANCHENEXCLUSIVITÄT // 5 YEARS INDUSTRY EXCLUSIVITY — 5
FAKTOR NUTZUNGSGESAMTWERT // TOTAL USAGE RIGHTS FACTOR
// Usage fee = draft fee (hourly or daily rate) x total usage rights factor
BELEHRUNG UND RÜCKERSTATTUNG // RIGHT OF WITHDRAWAL
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat.
Mit Buchung einer Serviceleistungen stimmen sie folgendem zu: Ich verlange ausdrücklich und stimme gleichzeitig zu, dass Sie mit der in Auftrag gegebenen Dienstleistung vor Ablauf der Widerrufsfrist beginnen. Ich weiß, dass mein Widerrufsrecht bei vollständiger Erfüllung des Vertrages erlischt.
Bitte treten Sie mit mir in Kontakt und schicken sie auf eigene Kosten die Waren/das Kunstobjekt zurück und sie bekommen den Kaufpreis erstattet.
Right of withdrawal goods and art
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
Right of withdrawal services
By booking a service, you agree to the following: I expressly request and at the same time agree that you start the service ordered before the cancellation period has expired. I know that my right of withdrawal expires once the contract has been fully fulfilled.
Please contact me and send the goods / art object back at your own expense and you will be reimbursed the purchase price.