- Obligations of the User and Denial of Access
- Product Information
- Intellectual Property Rights
- Trademarks and Logos
- Submission of Critiques, Comments, Proposals or Suggestions to ESCADA and Transfer of Rights
- Registration, Password, Right to Deny or Terminate Access
- Terms of Participation in Prize Contests
- Data Use and Data Protection
- Links to other Websites and Services
- Revisions to and Discontinuation of the ESCADA Websites
- Limitation of Liability
The following terms and conditions apply to your use of websites offered by ESCADA SE, Einsteinring 14-18, D-85609 Aschheim and its affiliates (referred to below as “ESCADA“) including, without limitation, “escada.com” and other online offerings (referred to below as “ESCADA Websites”).
Obligations of the User and Denial of Access
No content that violates laws, regulations or the public order, or that infringes the rights of third parties, may be placed on or disseminated via the ESCADA Websites. The same shall apply with respect to pornographic content or content harmful to young people, or propaganda of anti-constitutional organizations and parties. User activities aimed at disabling ESCADA Websites are prohibited and can be prosecuted under the civil and criminal laws.
Most of the products displayed on the ESCADA Websites are offered for sale in our retail stores, by our sales partners or in multi-brand stores and are available there at full price while supplies last. However, ESCADA is under no obligation to offer the products displayed. It is possible, therefore, that products displayed on the ESCADA Websites are not, or are no longer, available in the stores.
An additional consideration that must be taken into account is that the particular technical data and settings on your computer and monitor could impair the accurate rendition of the colors of the products offered on the ESCADA Websites.
Intellectual Property Rights
The content and structure of the ESCADA Websites (including web pages, text, images, graphics, audio, programs, video or animation data) that are available on the ESCADA Websites are the intellectual property of ESCADA and are subject to copyright and other laws protecting intellectual property.
Any commercial and/or public use of the ESCADA Websites or parts thereof, such as through reproduction, dissemination, processing or making publicly available shall be permitted only with ESCADA’s prior written consent. All copies must identify ESCADA as the copyright owner. Any embedded notices of protected rights may not be removed.
Trademarks and Logos
The trademarks and logos used on the ESCADA Websites are protected. These trademarks and logos may not be used without the prior written consent of the holder of such rights including, in particular, ESCADA Luxembourg S.à r.l. or a properly authorized licensee.
Submission of Critiques, Comments, Proposals or Suggestions to ESCADA and Transfer of Rights
Insofar as the user submits critiques, comments, proposals or suggestions to ESCADA relating to the design and/or improvement of products, services or the ESCADA Websites (referred to below as “Feedback”), the user consents to a transfer to ESCADA of all global rights to intellectual property of any kind whatsoever with respect to such Feedback.
The person transmitting such Feedback confirms that such Feedback does not violate applicable law or infringe the rights of third parties, including copyrights, trademarks, data protection or other personal or property right(s). The user shall hold ESCADA harmless from any claims of third parties that arise as a consequence of the transmission or other publication of the Feedback.
The user declares his agreement that ESCADA may process, use and/or make available to third parties the submitted data and information as provided in ESCADA’s data protection policyinsofar as this is necessary to implement and/or process the disclosed data in the context of the inquiry, the desired receipt of information or other processing as required.
Any Feedback made available to ESCADA by the user shall be deemed to have been divulged on a non-confidential basis. ESCADA reserves the right to use such information in its sole discretion. ESCADA is subject to no obligation (i) to treat the communications as confidential or (ii) to respond to any communications.
The user shall be responsible for ensuring that none of his communications infringes the rights of third parties (including copyrights, trademarks, patents, trade secrets, privacy or other personal rights or intellectual property rights) and shall hold harmless ESCADA accordingly from all claims of third parties, including the reasonable costs of ESCADA’s legal defense.
Registration, Password, Right to Deny or Terminate Access
We can demand that, as a user of ESCADA Websites, you register and transmit certain registration data, particularly in connection with the creation of a user account. You alone are responsible for the contents of your registration and, therefore, for all data that you enter about yourself. When registering, the user is obliged to make true statements and to promptly notify ESCADA of any future changes or enter the changes himself in the user account.
ESCADA retains the right to deny the user access to the services and content of the ESCADA Websites at any time and without statement of reasons, and to terminate and/or close down any existing user account if ESCADA, in its sole discretion, determines that it has a legitimate interest in doing so.
If a protected area or a personal account is made available or offered on the ESCADA Websites, the user is responsible for maintaining the confidentiality of the password and any additional data that may exist, as well as for all activities that occur in connection with the user account.
ESCADA shall not be liable for losses that the user or a third party sustains by reason of any unauthorized use. The user is required to promptly notify ESCADA of any misuse of the user account. Registration is tied to the user. The user is not authorized to disclose or make available his account, password and any other existing data to any other person. In the event of any violation, ESCADA reserves the right to terminate and/or temporarily or permanently close the user account. In deciding on its course of action, ESCADA will give reasonable consideration to the respective user’s legitimate interests.
The user has the right to cancel the user account at any and without statement of reasons by giving notice in writing or via email, and may request that his personal data stored at ESCADA be deleted.
Terms of Participation in Prize Contests
The ESCADA Websites can contain offers to participate in prize contests. The following provisions apply to all prize contests: (i) Employees of ESCADA and their family members are ineligible to participate in prize contests sponsored by ESCADA, (ii) cash will not be awarded in lieu of prizes, nor may prizes
be exchanged, and (iii) participants shall have no right of legal redress. Additional details can be found in the eligibility rules applicable to the particular prize contest.
Data Use and Data Protection
ESCADA complies with the statutory data protection requirements. The collection and use of data occurs as described in ESCADA’s data protection policy. That policy is set forth on our Website. You can learn more by clicking the Data Protection.
Links to other Websites and Services
The ESCADA Websites may contain links to third-party websites. In such case, ESCADA assumes no responsibility for such websites and offers such links solely for the convenience of our visitors. ESCADA exercises no control over the content of such websites and also assumes no responsibility for their content. ESCADA does not support such pages or the products or services offered therein, does not adopt them as its own and does not endorse them in any other way. Such links are merely references. ESCADA is not liable for the accuracy and content of such websites, nor is it liable for the material that can be obtained via such websites.
It is impossible to permanently monitor the content of the linked pages without any concrete notice of a violation of law. Purely as a precaution, ESCADA therefore dissociates itself from the content of any linked websites. This applies to all links and references placed within the Internet offerings on ESCADA Websites as well as to third-party entries, contents of discussion forums, blogs, mailing lists and the like.
Revisions to and Discontinuation of the ESCADA Websites
ESCADA reserves the right to change the content and structure of the ESCADA Websites at any time. This also includes the introduction of charges for certain offerings or services, or the discontinuation of the Website in part or in its entirety.
Limitation of Liability
ESCADA is liable exclusively as provided below:
With respect to losses caused intentionally or through gross negligence by ESCADA or its statutory representatives, executives or agents, ESCADA’s liability shall be unlimited.
ESCADA shall not be liable for simple negligence with respect to any breach of merely immaterial contractual obligations. With respect to any breach of material contractual obligations (obligations upon the performance of which the counterparty was entitled to rely and the satisfaction of which is a necessary precondition to the performance of the contract), ESCADA’s liability for losses caused through simple negligence is limited to such losses as are typically sustained in the context of the respective contractual relationship (losses foreseeable in that type of contract).
The foregoing shall also apply in the case of breaches of duty through simple negligence by ESCADA’s statutory representatives, executives or agents.
The foregoing limitation of liability shall not apply in cases of bad faith, loss of life, bodily injury, impairment of health, breaches of warranty or product liability claims.
For the user’s own protection as well as to defend against viruses on ESCADA Websites, we recommend that you obtain your own appropriate computer security program and regularly updated anti-virus software.
The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on the International Sale of Goods (CISG) and conflicts of laws principles.
Jurisdiction and venue for all disputes arising under or in connection with this Agreement shall be the Landgericht Munich I (Munich I Regional Court) if the customer is a businessman, a public-law entity or a special public law entity (Sondervermögen).
In the event that one of these provisions should be or become legally invalid, then the legal validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that best approximates the originally intended legal and economic purpose.