Terms of Use of the TFF platform

The FFanatics (“TFF”) operates an English speaking social media market place that creates a completely new and exciting way to discover fashion online. Based in the beautiful city of Munich, Germany, we are spreading our passion for fashion across Europe. 
Regardless if you are a fashion designer, an upcoming or already successful style influencer or a client, the FFanatics Platform is the new way to experience fashion online. 
Because we are all about communication and inspiration we created a space for our members. Since we want you to cherish this opportunity as much as we do, we would love for you to respect, accept and follow our Terms of Use.

1. General

1.1 TFF (hereinafter “provider”) allows the user to participate in the platform at www.theffanatics.com (hereinafter “platform”).

The user may use the platform either as an end customer or as a designer or StyleInfluencer or Magazine.

On the platform, the end customer can purchase designer fashion directly from the associated designers in the designers’ shops established there. Only consumers are allowed to purchase on the platform.

The StyleInfluencer can publish styles and other fashion content on the platform and can refer end customers directly to the designers.

Also, the Magazine can publish fashion posts, contributions and content on the platform and refer end customers directly to the designers.

1.2 The provider receives a commission from the designer for each purchase transaction concluded on the platform. If an end customer’s purchase on the platform was arranged for by a StyleInfluencer or Magazine associated with the platform (e.g. via a style or a story), the relevant StyleInfluencer or Magazine will also receive a commission from the designer; the relevant StyleInfluencer or Magazine then pays a small portion of this commission to the provider.

2. Use of the platform

2.1 Use by end customers

The provider offers the possibility to conclude sales contracts with the associated designers via the platform. For such purpose, the provider only provides the technical framework for the offer and contract conclusion between the designer and the user. The provider itself does not offer any goods for sale on the platform and does not become a party to the sales contracts nor does the provider act as an agent or representative of the designers. The sales contracts are concluded between the designer and the user who are the sole parties to the contract. Any claims arising from the sales contracts thus solely exist between the designer and the user. The General Terms and Conditions of Business (GTC) of the designer apply in the version valid at the time. The use of the platform, as a rule, is free of charge. The user will only incur costs if these are explicitly stated on the platform and expressly confirmed by the user (e.g. when the user purchases goods).

2.2 Use by designers, StyleInfluencers and Magazines

Where designers, StyleInfluencers and Magazines use the platform, the appropriate Terms and Conditions for Designers, the Terms and Conditions for StyleInfluencers and the Terms and Conditions for Magazines apply in addition. In the case of discrepancies between any of the aforesaid and the present Terms of Use, in case of doubt, the aforementioned specific terms and conditions prevail.

2.3 The provider is entitled at any time to restrict the functionality of the platform or completely discontinue the operation of the platform. The provider is also entitled at any time to restrict or completely block access to the platform by the user if it has a legitimate reason to do so.

2.4 All users are obliged at all times to observe and comply with the Code of Conduct while using the platform.

3. Registration

A user account is required to use the platform. Registration can be made, at the user’s choice, either fully manually or supported by the social log-ins provided (Facebook, Instagram, Google, Twitter).

After the registration form has been sent off, the user receives a verification email sent to the email address indicated by him. The user is obliged to confirm via the link contained in the verification email that he has registered.

4. Duties of the user

4.1 The user, in connection with the use of the platform,

  • will protect the access data transmitted to him against access by third parties and will not disclose them to unauthorized users. In particular, the user 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 user data only and in particular under his real identity;
  • will not misuse or allow misuse of the platform 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 (“Recht am eigenen Bild”), personality and privacy rights);
  • will not include in the contents 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 platform without appropriate authorization („crawling“) or interfere with or allow the interference with programs operated by the provider or invade databases or data networks of the provider without appropriate authorization;
  • will not transmit viruses, worms, Trojans or other malware to the platform;
  • will not post or provide links to or send contents that were generated automatically and are destined for a large number of addressees. In particular, the user will not spread chain emails or spam emails via the platform. The provider reserves the right to delete contents of a member to maintain the quality of the platform;
  • will not use any aids, auxiliary means, algorithms or other automatic functions to generate page views or contents;
  • will make sure that he holds only one business account, either as a designer, StyleInfluencer or Magazine;

4.2 The user will indemnify the provider from all third-party claims based on any illegal use of the platform by the user. If the user becomes aware or can reasonably be expected to become aware of any such breach, he is obliged to inform the provider without undue delay (“unverzüglich”).

5. Liability

5.1 The provider accepts full liability for intentional and grossly negligent conduct. Otherwise, the liability of the provider is excluded.

5.2 The provider endeavors to keep the platform continuously available but is not obliged to ensure availability of the platform during any specific times. Accordingly, the user is not entitled to uninterrupted availability and use of the platform.

5.3 The user is liable for all disadvantages which the provider incurs as a result of improper, abusive or illegal use of the platform.

5.4 Liability for third-party contents

The provider is not obliged under the applicable statutory provisions nor is the provider able to comprehensively check, verify and control the legality of third-party contents such as contents posted by the designers or StyleInfluencers or Magazines or to search for circumstances that might suggest illegal activities. This also applies with respect to links.

Where the provider 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 (“unverzüglich”).

6. Breaches, exclusion from the platform

6.1 If a user is in breach of these Terms of Use, the provider is entitled, without prejudice to any other claims to which it may be entitled, to exclude the user from the platform irrevocably or temporarily (blocking) and delete the user’s account in the case of an irrevocable blocking.

6.2 In case a user should find that certain contents contravene third-party rights or the applicable law or these Terms of Use, the provider asks the user to send an appropriate email message to contact@theffanatics.com, thereby specifying the relevant contents and contravention in detail.

7. Miscellaneous

7.1 These Terms of Use are governed by German law. In the case of consumers, this choice of law is without prejudice to the mandatory legal provisions of the country where the consumer has his habitual abode.

7.2 The place of exclusive jurisdiction for all legal disputes arising in connection with these Terms of Use is Munich provided the user concerned is a merchant (“Kaufmann” in terms of German law).

Last Update August 2017