Terms & Conditions
Terms and Conditions
of Anna Niestroj, Mønster Patterns, Gerichtstraße 25, D – 13347 Berlin, Germany
(Hereafter Mønster.)
§ 1 INTRODUCTION
(1) Upon order of Services from the website www.monster-patterns.com, these Terms and Conditions (T&C) create a contract between the customer and Mønster.
(2) The Services of Mønster are addressed exclusively to businesses. „Customer“ within the meaning of these Terms and Conditions of Business is therefore only a natural person which acts in fulfilment of his/her commercial or self-employed occupational activity and uses the Services for those purposes only.
(3) These Terms apply to all contracts between Mønster and the customer exclusively. These Terms and Conditions shall apply even if the customer uses contradicting or deviating terms from these terms and conditions. Any conflicting or those deviating terms and conditions shall become part of the contract only upon express written confirmation by Mønster.
(4) These Terms shall additionally apply to all future business dealings between Mønster and the customer, even where there is no further express agreement.
(5) The following Terms and Conditions of Business shall apply exclusively for the German version of these terms and conditions. The English translation of these Terms and Conditions is non-committal and provided by Mønster solely as an additional service.
§ 2 SERVICES AND PROCESSES
„Mønster” is a design provider which specialises in pattern design. „Mønster“ sells licenses online for prefabricated pattern designs and designs customer-specific pattern designs. Mønster creates and licenses design services and design works as well as other made-to-order creative services for customers (hereinafter, all creative services are jointly named as “Designs”) and transfers to the customer all transferable copyrights and rights within the scope defined in the contract of the various license models. The contractual obligation shall only be the graphical and external shaping of the design and the technical usability of the services delivered. Herefore the customer pays money in advance for the agreed consideration.
§ 3 CONTRACT, DELIVERY, ACCEPTANCE
(1) Prior to the order of preparation for design services as well as prior to every other contractual agreement on the Mønster websites, membership registration of the customer is required on the website www.monster-patterns.com. In the context of registration the customer shall enter all the required data completely and truthfully. The customer is obliged to modify any changes to his personal data immediately and autonomously in his profile in the site’s the member area.
(2) The customer’s order with Mønster shall only become effective upon payment of the license fee in advance via Paypal or Credit Card, unless otherwise agreed. With the payment the customer receives the rights of use according to the Transfer of Rights of Use (see section § 6). From this moment on the customer is entitled to use the ordered designs.
(3) Any business, professional or commercial use of the designs on the website www.monster-patterns.com is subject to a charge. The amount payable of the licensing fee is determined in the order of designs by the separately designated license fees of the various license models.
(4) The customer shall not be obligated to use the delivered finished design. In case of non-use or non-satisfaction any claims for repayment are excluded and exist only in the context of the customer’s statutory right. The right to extraordinary termination for important reason remains unaffected.
§ 4 CUSTOM PURCHASE ORDER DESIGNS
The customer can commission Mønster for Design Services and Design Works outside the existing categories. Mønster will herefore submit to the customer an individual proposal. For definitions, specifications of services, deadlines, terms of payment, design licensing, the provisions of these Terms and Conditions are effective as a complement.
§ 5 Conclusion of Contracts, Contracting Parties, Contract Language
(1) The customer can order with Mønster online. The incoming purchase order submitted represents an offer to conclude a contract.
(2) A contractual agreement between Mønster and the customer becomes effective when Mønster accepts the customer’s purchase order. With the downloading of designs this generally happens when Mønster facilitates the customer with a clickable order button for the ordered design, after
a) the customer has for the registration and the conclusion of contract submitted all his necessary personal data, terms of payment and his desired purchase order details and
b) the customer has approved the provisions of these Terms and Conditions.
The acceptance of the purchase order need not be expressly declared, as the provision of a download link for the ordered designs of an appropriate purchase order by the customer is deemed as a declaration of acceptance.
(3) Prior to the customer’s submitting a binding order online, the customer has the possibility of verifying the accuracy and completeness of his submitted data and is able to correct input errors.
Following the conclusion of the contract, the contract’s text is not stored. However, after receipt of the online purchase order Mønster sends the customer a order confirmation to the email address provided by the customer. Furthermore, the possibility remains to read up and/or save these T&C online.
(4) Contracting Party is Anna Niestroj trading under the commercial name “Mønster Patterns”, Gerichtstraße 25, 13347 Berlin, GERMANY.
(5) Contract language is German.
§ 6 TERMS OF USAGE
(1) Licence Conditions
a) Under this licensing agreement, Mønster shall grant the following usage rights:
non-exclusive rights with no spatial or time-related restriction, yet the content being limited to the contractually-agreed purpose. The scope of the granted rights of use is based on the license model chosen by the customer upon order. Mønster currently offers the following license models:
WEB LICENSE, PRINT LICENSE, CORPORATE LICENSE, PACK & COVER LICENSE and RESALE LICENSE.
b) The granted rights of use may generally not be transferred to third parties; neither to enterprises affiliated with the customer (parent, sister or subsidiary companies in which the customer has a direct or indirect involvement). Should the customer’s enterprise be an advertising/graphics agency, which in turn acts on the behalf of its own third party client and wishes to transfer the rights to the respective third party client, the customer must contact Mønster individually and in writing seeking its prior consent to their further transmission.
c) The right to manipulate or edit, especially to reshape or redesign or exempt and/or emphasise individual elements of the design is expressly NOT granted. Necessary technical adjustments to the designs to exercise the rights granted are permitted to the customer.
d) Using the design, the customer is NOT granted to register intellectual property rights (image or word/figurative marks, registered designs) in an official register.
e) Within the scope of usage, the customer is obliged, to the extent that this is feasible and reasonable in the context of the respective media, to credit the author and rights holder of the design as follows: Design/Artist © by www.monster-patterns.com.
(2) Special license conditions for the license models:
a) WEB LICENSE
The format delivered is JPG minimum of 1500 x 1500 px @72dpi RGB.
Limited Rights of Use follows:
Single usage of the design only for decorative or illustrative purposes and only in online media for websites, Facebook banners, social media channels, newsletters, editorial articles in eBooks, eReports and eMags etc. (making works available to the public). Multiple usage also in multiple mediachannels is permitted. Neither copying/distribution on physical materials nor copying on physical media (except for backup purposes) is permitted. Only illustrative usage is permitted, therefore no usage for business and/or office equipment, company logo, also not online.
a) EDITORIAL & PRINT LICENSE
The format delivered is JPG minimum of 35 x 35 cm @300dpi CMYK.
Limited Rights of Use follows:
Single usage of the designs only for editorial content and advertising and only for decorative or illustrative purposes and only in printed media (newspapers, magazines, journals, books and brochures (copying and distribution of multiple copies of works) (maximum of 250,000 copies). No usage permitted for cover design (see Cover License) or as a handicraft inlay (see Resale License). Multiple usage in various media is NOT permitted. No making available to the public in online media.
c) CORPORATE LICENSE
The format delivered is JPG minimum of 35 x 35 cm @300dpi CMYK + JPG 1500 x 1500 px @72dpi RGB and a colour-layered Photoshop PDF.
Limited Rights of Use as follows:
Single usage of the design only for business and/or office equipment, viz. business cards, letter paper, shipping boxes, adhesive tapes, carrying bags, packaging materials and further materials, which present the business to the customer, in printed form or in online media. NOT for merchandising goods or product packaging or products, which are sold in return for payment.
d) PACK & COVER LICENSE
The format delivered is JPG minimum of 35 x 35 cm @300dpi CMYK + JPG 1500 x 1500 px @72dpi RGB and a colour-layered Photoshop PDF.
Limited Rights of Use as follows:
Single usage of the design for the designing of a physical product packaging intended for sale or for a printed or non-physical book or magazine cover (max. 250,000 copies), in each case in addition to further graphical elements. The usage for two or more products/publications or a higher circulation of copies required multiple license purchases. Granting these rights covers using the design for the purposes of advertising the product.
e) RESALE LICENSE
The format delivered is JPG minimum of 35 x 35 cm @300dpi CMYK + JPG 1500 x 1500 px @72dpi RGB and a colour-layered Photoshop PDF.
Limited Rights of Use as follows:
Single usage of the design for the industrial reproduction of the design intended for resale on printed/woven/designed products (e.g. postcards, towels, kitchen towels, cups, items of clothing, items of furniture, lamp shades (max. 500 units) OR single usage of the design as part of printed hardback editions like calendars, activities books (as a handicraft inlay) (max. 250,000 copies). NOT for the sale of wallpaper, textile rolls by the metre, gift paper or origami paper. For such usage an individual licensing contract must be agreed with Mønster. The usage for multiple different products/shapes or for a higher amount of units/copies requires multiple license purchases. Granting these rights covers using the design for the purposes of advertising the product.
§ 7 WARRANTY
Mønster accepts the statutory warranty for defects of quality and title of the contractually due and delivered design service. Only the graphical and external composition of the design and the technical usability of the delivered fine data are of contractual obligation. Therefore the warranty shall only be applicable to these elements.
§ 8 LIABILITY
(1) Mønster is not liable for the standards of copyright or separate rights of the designs. Mønster is also not obligated to adhere to inquiries or legal reviews. Queries regarding design protection, copyright, patent or trademarks the customer must carry on his own accord and at his own expense.
(2) Mønster is expressly not liable for the economical usability of the design.
(3) As far as damages are not due to injuries to life and limb or due to an essential contractual obligation (cardinal obligation), the liability of Mønster or its employees/vicarious agents shall be limited by cause to such damages that can be shown to be caused either intentionally or due to gross negligence.
(4) The above limitations on liability shall not apply in the event of the customer asserting claims of §§ 1 and 4 of product liability law.
§ 9 RESERVATION OF THE RIGHT TO TERMINATE
Mønster reserves the right to terminate the contract in the case Mønster for reasons of law is not permitted or unable to distribute the design to be downloaded. In such a case Mønster will immediately reimburse any payments already effected.
§ 10 LIMITATION PERIOD
Claims of the customer arising from Mønster or its employees/vicarious agents shall become time-barred after one year as of the commencement of the statutory limitation period.
Exempt from this liability are claims for damages that can be shown to be caused either intentionally or due to gross negligence and damages due to injuries to life, limb or health, including in so far as caused by slight negligent breach of obligations; for these compensation claims the statutory limitation periods apply.
§ 11 CONTRACTUAL USE OF THE DESIGN
The customer is not permitted to use the purchased designs in such manner which violates common law. It is expressly forbidden to use the designs in a manner that is offensive, defamatory, harmful, libellous, inflammatory, pornographic, racist and/or immoral. In any such case Mønster reserves the right to expressly revoke the assigned rights of use.
§ 12 AMENDMENTS
(1) Amendments to the Terms and Conditions for unconfirmed design purchase orders are possible at any time. For confirmed design purchase orders amendments to the Terms and Conditions are only possible in exceptional circumstances, in the case of a contractual gap or disturbance in equivalency.
(2) Amendments to the modified version of the Terms and Conditions is transmitted by Mønster through email with the notice that without reaction the amendments have been agreed upon.
(3) If no objection has been received in written form within four weeks after receiving the modified version of the Terms and Conditions, the new Terms and Conditions are considered accepted.
(4) If the customer objects to the modified version of the Terms and Conditions, the membership is considered terminated.
§ 13 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany shall apply with exclusion of UN Purchase Law.
(2) If the contracting party is a sales person, a legal entity under public law or special assets under public law, or does not have a general place of jurisdiction inland, the place of fulfilment and jurisdiction for all disputes arising from a contract is Berlin, Germany.
(3) If any of the aforementioned provisions of these general terms and conditions is ineffective, the other provisions nevertheless remain in force.