General Terms and Conditions of Use for Professional Visitors

WE KINDLY ASK YOU TO READ THESE TERMS AND CONDITIONS OF USE AS WELL AS OUR DATA PROTECTION REGULATIONS (AVAILABLE HERE) AS THOROUGHLY AS POSSIBLE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF USE OR THE DATA PROTECTION REGULATIONS, YOU SHOULD NOT MAKE USE OF MFS OFFERS.

The following pages show the general terms and conditions of use (hereinafter "Terms and Conditions of Use") of our company MUNICH FABRIC START Exhibitions GmbH, registered office Thomas-Wimmer-Ring 17, 80539 Munich, Germany (hereinafter "MFS"/"We"/"Us"). Detailed contact data and information on the commercial registration and the legal representatives can be found in our Legal Notice. When used below, the terms "User"/"You" refer to all visitors to or users of our trade fairs and other events, including follow-on events (hereinafter "MFS events") and our websites (currently www.guest.munichfabricstart.com,www.munichapparel.com, www.viewmunich.com, www.guest.munichfabricstart.com) and online offers (hereinafter "MFS websites"). The terms and conditions of use are the legal basis for visits to or use of the MFS events and MFS websites (hereinafter collectively "MFS offers"). Our terms and conditions of use are also available for call-up, print-out, download and/or storage at any time via the following link:

https://www.munichfabricstart.com/general-terms-and-conditions-of-use-for-professional-visitors.html

The terms and conditions of use, our data protection regulations and also all other (in particular statutory) regulations, applicable to use of the MFS offers, apply for users. If you continue to call up the MFS websites, register via the MFS websites, use the MFS websites in any other way or visit MFS events, you expressly declare your agreement to the above terms and conditions and rules. Deviating terms and conditions of the user will not be recognised and are hereby expressly rejected. Deviations from the terms and conditions of use shall only be effective with the prior, written confirmation of MFS. Users must not use the MFS offers for purposes that are unlawful or illegal, or that violate the terms and conditions of use. In particular, the MFS websites and the related networks must not be damaged, deactivated, overloaded or impaired.

Visitor registration, ticketing

Participation in an MFS event as a visitor fundamentally presupposes that the user either registers for an MFS event on site, or as visitor to MFS events via the MFS websites. A precondition for registration is that the user is a professional visitor, i.e. an entrepreneur as defined in Section 14 BGB (German Civil Code), that is a natural or legal person or legally-capable partnership acting in the performance of its commercial or self-employed professional activity when concluding a legal transaction. Users are obliged to provide all data, of relevance for registration, correctly and completely, including personal data as well as all data concerning the user's membership of one or more companies. By registering, the user expressly warrants that he/she is an entrepreneur as defined in Section 14 BGB. MFS reserves the right to request suitable evidence of the user's registration data and to immediately correct missing information.

In the event of successful registration, MFS shall create a personal online account for the user (hereinafter "User profile") on the MFS websites, via which the user can request tickets for specific MFS events, among other things. MFS can make the user's access authorisation for MFS events conditional on further accreditation criteria (e.g. capacity as professional visitor, representative of the press etc.). Details can be found on the corresponding MFS websites or in the user profile. MFS reserves the right to request suitable evidence of the user's accreditation criteria and to immediately correct missing information.

The MFS events accessible to the user will be made available by MFS in the user profile on a ticket personalised for the respective user. This will entitle the user to participate in the event upon presentation of valid proof of his/her identity. The user can present the ticket itself in either printed or digital form. Responsibility for the required level of legibility lies with the user. The user will also receive a personalised name badge, bearing a QR code, to hang around his/her neck (hereinafter "Name badge") for the scan function that is explained in detail in the section of our data protection regulations entitled "Forwarding of data to third parties". Any forwarding or handing over of tickets or name badges to unauthorised third parties is expressly prohibited.

The following paragraph shall apply in addition to paying MFS offers.

Offers and prices for MFS offers are without engagement in all cases. The respectively applicable statutory value added tax is included in the prices shown. Payment of the online tickets (or other MFS offers such as trend books, colour cards etc.) will be with the order via credit card, PayPal or invoice from external service providers. By arranging payment, the user declares his/her consent to the processing of the (possibly personal) data, provided by him/her and necessary for processing the respective contract or payment. The return or refund of MFS offers already received and/or paid for is generally excluded. If an order is successful, the user will receive an order confirmation by email. As a general rule, all invoices will be sent to the user exclusively by further email as PDF file, and only by post at the express wish of the user. By placing an order, the user declares his/her consent to the raising and sending of the invoice exclusively in electronic form, i.e. there is no entitlement to invoicing in paper format. MFS shall assume no liability whatsoever for invoices or input tax not accepted by the tax authorities, unless non-acceptance is for reasons for which MFS is culpably responsible. MFS shall likewise not be liable for errors and/or damage caused by a lack of or incorrect cooperation or insufficient technical equipment on the part of the invoice recipient concerning the documents forwarded electronically Express reference is made to the applicable duties of keeping and archiving of the documents received electronically by entrepreneurs under the applicable Tax Code, the Value Added Tax Act as well as under the generally accepted standards of IT-assisted accounting, of data access and on the auditability of digital documents. Accordingly, emails sent by MFS with invoices as PDF attachments must be kept carefully by the user in all cases and archived in digital form.

For the purpose of clarification: the user shall not obtain any legal entitlement whatsoever to access authorisation for MFS events, or to the provision of the user profile or of tickets or name badges. MFS reserves the right in particular to offer participation in MFS events solely against payment, to alter the above accreditation criteria or the registration process at any time, or to rearrange or delete the user profile at its absolute discretion, to send tickets by post, to cancel MFS events or to withdraw the user's authorisation to participate in MFS events. In this respect, any amounts already paid for tickets for paying MFS events will be returned at nominal value (in the event of withdrawal of authorisation to participate during the MFS event concerned, MFS shall however reserve the right to retain a share of the ticket price corresponding to the participation time already used).

Information, newsletter

By registering for a user profile (see above), the user declares his/her express consent to MFS contacting him/her in various ways during execution of the contract on the basis of the data provided by the user (e.g. by post, email, telephone, telefax and social networks).

If the user has actively declared his/her consent to this (Art. 6 (1) letter a GDPR), MFS will send him/her a regular email newsletter in order to inform the user concerning important or interesting subjects in connection with MFS, its affiliated companies as well as our exhibitors and selected partners. MFS uses the double opt-in procedure to obtain the consent of the user, i.e. MFS will not send the user a newsletter until the user confirms that MFS should activate the newsletter service by indicating his/her email address on the MFS websites, by creating the user profile, or by activating a tick or clicking on a link in a corresponding notification email from MFS. If the user no longer wishes to receive newsletters from MFS at a later date, he/she can object to further sending at any time. For this, the user can use the cancellation link included in every newsletter as well as the corresponding function in the user profile. Any other form of written notification to MFS is also sufficient, e.g. letter, fax, email, preferably to the following contact data:

MUNICH FABIC START Exhibitions GmbH
Thomas-Wimmer-Ring 17
80539 Munich Germany 

Email: visitor@munichfabricstart.com

If the user has cancelled the newsletter using one of the methods available above, he/she will no longer receive further newsletters and his/her data, provided for the purpose of ordering the newsletter, will be deleted. Data stored by MFS for other purposes (such as information for the user profile) will not be affected.

Disclaimer

All MFS offers are without engagement and non-binding as a general rule. All information on our websites is subject to continuous alteration and is regularly checked in terms of being up to date. Nevertheless, MFS assumes no liability for the correctness, completeness, accuracy and up-to-date status of the information and details. MFS expressly reserves the right to alter, extend or delete the MFS offers in part or in full without separate notification, or to discontinue publication or provision temporarily or permanently. If a previously announced MFS event is cancelled or is not held, registered users will be informed immediately, unless they have expressly and separately objected to the sending of notifications or newsletters by MFS. Under no circumstances however shall MFS be liable for costs and/or expense, incurred by the users as a result of the cancellation or non-holding of an MFS event. In other respects, MFS shall be subject to statutory liability only in cases of intent or gross negligence as well as in cases of damage resulting from injury to the life, limb or health of persons, in other respects also only in cases of violation of an essential contractual obligation, fulfilment of which makes correct execution of the contract possible in the first place and in compliance with which the user can regularly trust (cardinal obligations). In this respect, the level of liability shall be limited to damage that is typical for the contract and foreseeable at the time of conclusion of the contract MFS shall be liable for slight (e.g. ordinary negligence) in accordance with the product liability law. Any liability of MFS and its vicarious agents over and above this is expressly excluded.

Under Section 7 (1) TMG (Teleservices Act), MFS is a service provider with responsibility pursuant to the general laws for the information kept available for use on the MFS websites. As per the preconditions of Sections 8 to 10 TMG, MFS is not obliged as a service provider to monitor the information transmitted or stored by it, or to investigate circumstances indicating unlawful activities. The obligations of the service provider to delete or block the use of information under the general laws shall remain unaffected. In this respect, liability can only be considered from the time of gaining knowledge of a specific violation of the law. If it becomes aware of specific violations of the law, MFS shall immediately delete the corresponding information or block use thereof. MFS has no control over the content of any external websites of third parties linked to the MFS websites, i.e. as a fundamental rule, the respective service providers or operators are responsible for the content of these external websites, and MFS shall assume no warranty for this content. If the MFS websites contain links to external websites of third parties, the linked websites have been checked for unlawful content when creating the respective links, and no unlawful content was recognisable at this time. MFS is not however obliged to undertake any additional permanent monitoring of the content of linked websites of third parties independent of specific indications of violations of the law. Nevertheless, MFS will immediately delete links to external third-party websites if it becomes aware of unlawful content. MFS is not responsible for the content of third-party websites that refer to the MFS websites.

Protected content

MFS and all MFS websites are copyright protected – © 2018 MUNICH FABRIC START Exhibitions GmbH. All rights reserved. The MFS websites and their content (e.g. texts, pictures, graphics, layouts) are generally (i.e. in so far as capable of protection) covered by the protection of intellectual property, in particular by copyright and trademark law. The alteration, reproduction, dissemination and making publicly accessible of the content of the MFS websites protected in this way, in particular for commercial purposes, is not permitted. The above is fundamentally also applicable to content on the MFS websites not created by MFS itself. If rights of third parties may possibly be violated by the provision of specific content on the MFS websites, a corresponding notice is requested. Any such unlawful content will be removed by MFS immediately.

Audio, visual and audio/visual recordings during MFS events

MFS, or persons authorised by MFS (e.g. trade-fair photographers), will make audio, visual and audio/visual recordings of the trade-fair activities during the MFS events. Through participation in an MFS event, the user irrevocably consents to the fact that audio and audio/visual recordings, in which he/she can possibly be seen and/or heard, will be made during the MFS event, and hereby irrevocably grants MFS an indefinite and transferable right to further edit the recordings made, in which he/she can possibly be seen and/or heard, and to use these free of charge in the context of a review of the event, a corporate presentation as well as for the promotion of the MFS offers on the MFS websites, in exposés, brochures, presentation videos and via social media.

To avoid misunderstandings, reference is also made to the following in connection with the preparation of audio and audio/visual recordings during MFS events: productions for TV, video and new media as well as the photographing of stands, in particular of exhibits, - including for private purposes - are only permitted if the exhibitor concerned has issued its prior and express consent to the preparation of audio and audio/visual recordings of its stand, its products and/or its personnel. Filming, the making of audio and audio/visual recordings for commercial purposes requires the prior, written consent of MFS in all cases and - if stands/products of exhibitors are involved or other rights (in particular personal rights) of third parties are affected - the prior consent of the respective exhibitor or holder of rights concerned.

Data protection

The protection of personal data is important to MFS. The MFS websites and offers therefore comply with applicable data protection laws. Further information can be found in our data protection regulations.

Miscellaneous

The contractual relationship between the user and MFS shall be governed exclusively by the law of the Federal Republic of Germany, subject to exclusion of the UN Sales Convention on Contracts for the International Sale of Goods.

Place of jurisdiction for all legal disputes arising from the terms and conditions of use or the use of the MFS websites is Munich, if the contract parties are merchants, legal persons under public law or public-law special funds, or at least one of the contract parties has no general place of jurisdiction in the Federal Republic of Germany, or transfers its place of residence or place of habitual abode out of the Federal Republic of Germany subsequent to conclusion of the contract or announcement of these terms and conditions of use, or if its place of residence or place of habitual abode is not known at the time of filing legal action. MFS is also entitled to file legal action at the user's general place of jurisdiction.

Place of performance for all obligations under the terms and conditions of use is Munich.

Should one or more provisions of the terms and conditions of use be or become invalid, either in part or in full, the terms and conditions of use as a whole shall remain effective. An ineffective provision must be replaced by a provision that corresponds as closely as possible to the purpose striven for through the ineffective provision.

Last amended: April 2018