General Terms & Conditions of the wtalk fashion
The FFanatics GmbH (tff.) is the proprietor and operator of wtalk fashion.
wtalk fashion and The FFanatics (hereafter referred to as tff.) operates an English speaking Social Media Marketplace that offers a completely new and exciting way to explore fashion online. The headquarter is based in Munich, Germany. The key efforts of tff. are to invite the greatest Professionals of the industry to our stage and connect members of our Social Square with them. Our members are invited to explore, converse and purchase products offered by Designers from content that is promoted by Designers, Stylists, Personal Stylists and Magazines. We believe that we build an incredible and powerful product to assure that all needs of our members will be met in the best digital way ever. We believe that with true commitment and trust we can improve the digital world for our clients. We strive for improvement based on real needs to overthink the status quo in all perspectives. tff. takes pride in operating in accordance with high ethical standards and appropriate guidelines have been drafted regarding Social Square Guidelines which must be observed at all times by everyone participating on the stage. The following Terms and Conditions were created for our members to be respected, accepted and followed in order to create a safe and welcoming environment for everyone.
tff. allows the member to participate in the stage at www.theffanatics.com (hereinafter “stage”).
The member may use the stage either as a client or as a Designer, Stylist, Personal Stylist or Magazine. Clients have the possibility to change their privacy levels in their Private Space. The setting after the first login is always private, that means that the profile is not public and cannot be seen by other members.
On the stage, the member can purchase Designer fashion directly from the associated Designers’ Public Space established there. Only signed up members are allowed to purchase on the stage. The Stylists, Personal Stylists and Magazines can publish styles and other fashion content on the stage and can refer clients directly to the Designers.
2. Use of the stage
2.1 Use by clients
tff. offers the possibility to conclude sales contracts with the associated Designers via the stage. For such purpose, tff. only provides the technical framework for the offer and contract conclusion between the Designer and the member. tff. itself does not offer any goods for sale on the stage and does not become a party to the sales contracts nor does tff. act as an agent or representative of the Designers. The sales contracts are concluded between the Designer and the member who are the sole parties to the contract. Any claims arising from the sales contracts thus solely exist between the Designer and the member. The General Terms and Conditions of Business (GTC) of the Designer apply in the version valid at the time. The use of the stage, as a rule, is free of charge. The member will only incur costs if these are explicitly stated on the stage and expressly confirmed by the member (e.g. when the member purchases goods).
2.2 Use by Designers, Stylists, Personal Stylists and Magazines Where Designers, Stylist, Personal Stylist and Magazines use the stage, the appropriate Terms and Conditions for Designers, the Terms and Conditions for Stylists and Personal Stylists and the Terms and Conditions for Magazines apply in addition. In the case of discrepancies between any of the aforesaid and the present Terms and Conditions, in case of doubt, the aforementioned specific terms and conditions prevail.
2.3 tff. is entitled at any time to restrict the functionality of the stage or completely discontinue the operation of the stage. tff. is also entitled at any time to restrict or completely block access to the stage by the member if it has a legitimate reason to do so.
2.4 All members are obliged at all times to observe and comply with the Social Square Guidelines while using the stage.
2.5 A personal Chat onsite is the communication tool between all members on tff. Every member has the possibility to have private conversations and create group chats by inviting members privately.
2.6 To act in public members can join open group chats. In order to participate within a public conversation the member has to adjust its account settings and turn its account into a public account.
2.6.1 If and to the extent the member posts contents or data such as images or videos on the group chats, it thereby grants tff. a gratuitous, simple, non-exclusive, temporally and spatially unlimited right to use such material for the purposes of selling and advertising Products via the Platform including but not limited to the copying, reproduction, distribution, adaptation and processing of all works and parts thereof and of databases which the member provides to tff., including each and every company label, trademark or other industrial property right. This applies in particular but is not limited to the use of the aforesaid for advertising and editorial reporting in print and online media and broadcasting media (TV and radio).
tff. is entitled to transfer these rights of use to the StyleInfluencers and Magazines associated with the Platform or service providers that work for tff. in the said fields (including but not limited to marketing service providers such as agencies and affiliated partners). StyleInfluencers and Magazines are however not allowed to use the contents for any purposes other than advertising the Designer’s goods on the Platform. tff. is however not obliged to use the above-mentioned contents or data.
2.6.2 The member is obliged not to place content on the chat which constitute or cause an infringement of third-party rights including but not limited to copyrights or trademark rights of third parties. The member is liable for all contents it provides in the chat. If third parties assert claims against tff. for breach of the law, the member will indemnify and hold tff. harmless from any and all such claims and bears the costs of legal defence against the claims by tff..
2.7 On tff. you are provided to manage your account in your private space. Within this private space your data is sincerely secure. tff. offers the possibility to all members to choose between three different types of account settings.
2.7.1 Private Account: The default setting after the signup is always a private account. As a member of tff. you can keep your account private so you cannot be seen by anyone on tff.. With a private account you can make purchases on tff. and benefit from our personal styling onsite by asking a Personal Stylist for advice via the Chat. The information you share with your Personal Stylist will be treated trustworthy and will not be shared with third parties. If you want to end a personal styling you can block the Personal Stylist at any time and all information shared will be deleted for good.
2.7.2 Partly-Private Account: If you as a member decide to participate in our social square you need to adjust your account settings to a partly-private account. Other members will be able to see you on tff. only your username and your profile picture will be visible. Now you can comment on public group conversation and join conversations on public topics on tff.. You will have all the benefits of a private account plus the new benefits of a partly-private account.
2.7.3 Public Account: To share information and content publicly, to decide which parts of your private space will be visible to others members as well as to decide with whom you want to share your information and content, you need to adjust your account settings to turn your account into a public account. Now you will have all the benefits from all account types combined. All account settings can be changed at any time and you can go back to a private account. Please note that any participation within a public conversation cannot be deleted retrospective.
A member account is required to use the stage. Registration can be done, at the member’s choice, either manually or automated by the social log-ins provided (Facebook, Instagram, Google, Twitter).
The member obliged not to choose any profile name which constitutes or causes an infringement of the rights of third parties, or which is negative, offensive, insulting, sexist, harmful to minors or racist, denies the Holocaust, glorifies war or violence, advertises terrorist & political associations or violates youth protection laws.
We reserve the right to block and delete accounts that violate the above terms at any time without prior notice.
After the registration form has been sent tff., the member receives a verification email sent to the email address indicated by it. The member is obliged to confirm via the link contained in the verification email that he has registered.
4. Duties of the member
4.1 The member, in connection with the use of the stage,
- will protect the access data transmitted to it against access by third parties and will not disclose it to unauthorized members. In particular, the member will ensure that no one else but he himself will use the access and that access by third parties is impossible;
- will register using correct member data only and in particular under his real identity;
- will not misuse or allow misuse of the stage and in particular will not use or transmit illegal or immoral contents;
- will not infringe third-party rights (patents, trademarks, rights in names, copyrights, privileges as to one’s own image, personality and privacy rights);
- will not display data of third parties that allow the third party to be identified unless the third party has explicitly consented thereto;
- will not try, neither himself nor through unauthorized third parties, to obtain information or data from the stage without appropriate authorization („crawling“) or interfere with or allow the interference with programs operated by tff. or invade databases or data networks of tff. without appropriate authorization;
- will not transmit viruses, worms, Trojans or other malware to the stage;
- will not post or provide links to or send contents that were generated automatically and are destined for a large number of addresses. In particular, the member will not spread chain emails or spam emails via the stage. tff. reserves the right to delete contents of a member to maintain the quality of the stage;
- will not use any aids, auxiliary means, algorithms or other automatic functions to generate page views or contents;
- will exempt tff. from any third party demands who are based on illegal use of the stage. In case the member recognizes such mentioned violation, the duty to inform tff. immediately applies.
- will make sure that he holds only one business account, either as Designer, Stylist, Personal Stylist or Magazine;
4.2 The member will indemnify tff. from all third-party claims based on any illegal use of the stage by the member. If the member becomes aware or can reasonably be expected to become aware of any such breach, he is obliged to inform tff. without undue delay.
4.3 Members are required to be friendly with one another, to respect and tolerate the opinions of others and not share and publish content containing hate, insults or agitation regarding other members or groups of members. This especially but not exclusively includes content containing racist, the Holocaust denying, glorifying war or violence, offensive, sexist or youth-endangering violence, advertising terrorist associations or content that violates youth protection regulations. The premises of those requirements apply for any kind of content, including media contents (photos, videos etc..), as well as contributions and comments.
4.4 The video chat is exclusively provided for our tff. members to connect directly with a personal stylist and experience the most personal and intimate consulting ever. Every member has the possibility to get consulting face by face, connecting through a video chat onsite. Next to video chatting and talking to a personal stylist the member can write and share links and products in the chat to show the personal stylist exactly what the member is talking about. We are proudly following along closely to our Social Square Guidelines, ensuring a safe and fair environment on tff. - all based on a level playing field. This also applies to the use of our video chat.
5.1 tff. accepts full liability for intentional and grossly negligent conduct. Otherwise, the liability of tff. is excluded.
5.2 tff. endeavors to keep the stage continuously available but is not obliged to ensure availability of the stage during any specific times. Accordingly, the member is not entitled to uninterrupted availability and use of the stage.
5.3 The member is liable for all disadvantages which tff. incurs as a result of improper, abusive or illegal use of the stage.
5.4 Liability for third-party contents tff. is not obliged under the applicable statutory provisions nor is tff. able to comprehensively check, verify and control the legality of third-party contents such as contents posted by the Designers, Stylists, Personal Stylists or Magazines or to search for circumstances that might suggest illegal activities. This also applies with respect to links. All content, no matter the type of content or the type of publishing or sharing, stand alone in the sole responsibility of the person who created the contribution or content. It is the responsibility of the member to be careful that the uploaded, shared or published contents and contributions do not violate third party rights, especially copyright laws. Where tff. becomes aware of any illegal contents in third-party posts or contributions or linked third-party websites, the relevant contents/links will be removed without undue delay.
6. Breaches, exclusion from the stage
6.1 If a member is in breach of these Terms and Conditions, tff. is entitled, without prejudice to any other claims to which it may be entitled, to exclude the member from the stage irrevocably or temporarily (blocking) and delete the member’s account in the case of an irrevocable blocking. In case of a violation by a member of one or more of the defined duties in the requirements, tff. is entitled to block or close down the account and access to the stage and/or the Social Square. Also the member has the possibility to block another member in order to end a conversation for good and delete all data they’ve been shared in the chat.
6.2 In case a member should find that certain contents contravene third-party rights or the applicable law or these Terms and Conditions, tff. asks the member to contact tff. via chat on the stage thereby specifying the relevant contents and contravention in detail.
7.1 These Terms and Conditions are governed by German law. For consumers, this choice of law is without prejudice to the mandatory legal provisions of the country where the consumer has his habitual residence.
7.2 The place of exclusive jurisdiction for all legal disputes arising in connection with these Terms and Conditions is Munich provided the member concerned is a merchant (“Kaufmann” in terms of German law).
Last Update April 2020