PRIVACY AND TERMS & CONDITIONS
PRIVACY
1. Introduction
With the following information, we would like to give you as a "data subject" an overview of the processing of your personal data by us and your rights under data protection laws. In principle, it is possible to use our Internet pages without entering personal data. However, if you want to use special services from us via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no legal basis for such processing, we will generally obtain your consent.
The processing of personal data, such as your name, address, or e-mail address, is always in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the company. By means of this privacy policy, we would like to inform you about the scope and purpose of the personal data collected, used and processed by us.
As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, internet-based data transmissions can generally have security gaps, so that absolute protection cannot be guaranteed. For this reason, you are also free to transmit personal data to us by alternative means, for example by telephone or by mail.
2. Person responsible
Responsible person in the sense of the General Data Protection Regulation (GDPR) is:
Marte Hentschel
VORN eG - The Berlin Fashion Hub
Bikini Berlin
Budapester Str. 38 - 50
10787 Berlin / Germany
info@vorn-hub.com
3. Data protection officer
You can reach the data protection officer as follows:
Marte Hentschel
VORN eG - The Berlin Fashion Hub
Bikini Berlin
Budapester Str. 38 - 50
10787 Berlin / Germany
info@vorn-hub.com
You can contact our data protection officer directly at any time with all questions and suggestions regarding data protection.
4. Legal basis of processing
Art. 6 (1) lit. a of the GDPR (in conjunction with Section 25 (1) TTDSG) serves as our legal basis for processing operations in which we obtain consent for a specific processing purpose.
If the processing of personal data is necessary for the performance of a contract to which you are a party, as is the case, for example, with processing operations that are necessary for a delivery of goods or the provision of another service or consideration, the processing is based on Article 6 (1) lit. b DS-GVO. The same applies to such processing operations that are necessary for the implementation of pre-contractual measures, for example in cases of inquiries about our products or services.
If we are subject to a legal obligation by which a processing of personal data becomes necessary, such as for the fulfillment of tax obligations, the processing is based on Art. 6 (1) lit. c DS-GVO.
In rare cases, the processing of personal data might become necessary to protect vital interests of the data subject or another natural person. Then the processing would be based on Art. 6 (1) lit. d DS-GVO.
Finally, processing operations could be based on Art. 6(1)(f) DS-GVO. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to protect a legitimate interest of us or a third party, provided that the interests, fundamental rights and freedoms of the data subject are not overridden. Such processing operations are permitted to us in particular because they were specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if you are a customer of us (recital 47 sentence 2 DS-GVO).
5. Technology
5.1 SSL/TLS encryption
This site uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, that you send to us as the operator. You can recognize an encrypted connection by the fact that there is a "https://" instead of a "http://" in the address line of the browser and by the lock symbol in your browser line.
We use this technology to protect your transmitted data.
6. Cookies
6.1 General information about cookies
We use cookies on our website. These are small files that are automatically created by your browser and stored on your IT system (laptop, tablet, smartphone or similar) when you visit our site.
In the cookie, information is stored that results in each case from the context of the specific end device used. This does not mean, however, that we thereby gain direct knowledge of your identity.
The use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.
In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.
On the other hand, we use cookies to statistically record the use of our website and to evaluate our offer for you for the purpose of optimization. These cookies enable us to automatically recognize that you have already visited our website when you visit it again. The cookies set in this way are automatically deleted after a defined period of time. The respective storage period of the cookies can be found in the settings of the consent tool used.
6.2 Legal basis for the use of cookies
The data processed by the cookies, which are required for the proper functioning of the website, are thus necessary to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) lit. f GDPR.
For all other cookies, it applies that you have given your consent to this via our opt-in cookie banner within the meaning of Art. 6 (1) lit. a GDPR.
6.3 Information on how to avoid cookies in common browsers
Via the settings of the browser you are using, you have the option to delete cookies, to allow only selected cookies or to disable cookies completely at any time. You can find more information on the support pages of the respective providers:
Chrome:
https://support.google.com/chrome/answer/95647?tid=311178.
Safari:
https://support.apple.com/de-at/guide/safari/sfri11471/mac?tid=311178978.Firefox:
https://support.mozilla.org/de/kb/cookies-und-website-daten-in-firefoy-loschen?tid=311178978.Microsoft Edge:
https://support.microsoft.com/de-de/microsoft-edge/cookies-in-microsoft-edge-I%C3%B&schen-63947406-40ac-c3b8-57b9-2a946a29ae09.
7. Contents of our website
7.1 Contacting us / contact form
Personal data is collected when contacting us (e.g. via contact form or e-mail). Which data is collected in the case of using a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for contacting you and the associated technical administration.
The legal basis for processing the data is our legitimate interest in responding to your request pursuant to Art. 6 (1) lit. f GDPR. If your contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 (1) lit. b GDPR.
Contacts that lead to a contract are recorded in the customer database and stored for the duration of the customer relationship (and thereafter for the duration of statutory retention obligations and the possible assertion of claims).
8. Newsletter
8.1 Newsletter
On our website, you are given the opportunity to subscribe to our newsletter. Which personal data is transmitted to us when ordering the newsletter, results from the input mask used for this purpose.
We inform our customers and business partners at regular intervals by means of a newsletter about our offers. Our newsletter can only be received by you if
you have a valid e-mail address and
you have registered to receive the newsletter.
The registration for our newsletter takes place in a so-called double opt-in process. This means that after registration you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with another person‘s email addresses.
When you register for the newsletter, we also store the IP address of the IT system used by you at the time of registration, as assigned by your Internet service provider (ISP), as well as the date and time of registration. The collection of this data is necessary in order to be able to trace the (possible) misuse of your e-mail address at a later date and therefore serves our legal protection.
The personal data collected in the context of a registration for the newsletter is used exclusively for sending our newsletter. Furthermore, subscribers to the newsletter could be informed by e-mail if this is necessary for the operation of the newsletter service or a related registration, as could be the case in the event of changes to the newsletter offer or changes in the technical circumstances. No personal data collected as part of the newsletter service will be passed on to third parties. The subscription to our newsletter can be cancelled by you at any time. The consent to the storage of personal data that you have given us for the newsletter dispatch can be revoked at any time. For the purpose of revoking the consent, you will find a corresponding link in each newsletter.
The legal basis for data processing for the purpose of sending the newsletter is Art. 6 (1) lit. a GDPR. The storage of your registration information serves to protect our legitimate interest in preventing and, if necessary, prosecuting misuse of our services (legal basis: Art. 6 para. 1 lit. f) GDPR). We also store and process your consent to receive the newsletter. This serves to protect our legitimate interest in being able to prove in the event of a dispute that you wanted to receive the newsletter (legal basis: Art. 6 para. 1 lit. f) GDPR).
For all customers or potential customers who receive our newsletter, we also create a customer account in our internal customer management system and store the relevant information in this customer account (see Section 10).
8.2 Use of Squarespace Emails Campaigns
We use the Squarespace Emails Campaigns service of Squarespace Ireland Ltd, Ireland (https://www.squarespace.com/) to send newsletters. We have a data processing agreement with the provider of this service, which ensures that personal data is only processed under our control and in accordance with our instructions.
8.3 Tracking pixels
We may use tracking pixels to capture the behavior of recipients of our emails. Through these pixels, a connection is established to our servers or the servers of our processor Squarespace Ireland Ltd. and we can record whether the email is opened or the links contained therein are clicked. We only store this information for the duration of the respective campaign. We use this information to create statistical evaluations for reporting or market research purposes, but these no longer have any personal reference. No other personal data is read out. This processing is carried out to protect our legitimate interest in making our newsletters as user-friendly, secure and attractive as possible and to promote the sale of our products and services (legal basis: Art. 6 para. 1 lit. f) GDPR).
9. Your rights as a data subject
9.1 Right to confirmation
You have the right to request confirmation from us as to whether personal data concerning you is being processed.
9.2 Right to information Art. 15 GDPR
You have the right to receive from us at any time, free of charge, information about the personal data stored about you, as well as a copy of this data in accordance with the legal provisions.
9.3 Right to rectification Art. 16 GDPR
You have the right to demand that incorrect personal data concerning you be corrected. Furthermore, you have the right to request the completion of incomplete personal data, taking into account the purposes of the processing.
9.4 Deletion Art. 17 GDPR
You have the right to demand that we delete the personal data concerning you at any time and without undue delay, provided that one of the reasons provided for by law applies and insofar as the processing or storage is not necessary.
9.5 Restriction of processing Art. 18 GDPR
You have the right to demand that we restrict processing if one of the legal requirements applies.
9.6 Data portability Art. 20 GDPR
You have the right to receive the personal data concerning you, which has been provided to us by you, in a structured, common and machine-readable format. You also have the right to transfer this data to another controller without hindrance from us to whom the personal data has been provided, provided that the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR and the processing is carried out with the aid of automated procedures, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
Furthermore, when exercising your right to data portability pursuant to Article 20(1) of the GDPR, you have the right to obtain that the personal data be transferred directly from one controller to another controller, insofar as this is technically feasible and insofar as this does not adversely affect the rights and freedoms of other persons.
9.7 Objection Art. 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Art. 6(1)(e) (data processing in the public interest) or (f) (data processing on the basis of a balance of interests) GDPR.
This also applies to profiling based on these provisions within the meaning of Art. 4 No. 4 GDPR.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or insofar as the processing serves the assertion, exercise or defense of legal claims.
In individual cases, we process personal data to conduct direct marketing. You may object to the processing of personal data for the purpose of such advertising at any time. This also applies to profiling, insofar as it is related to such direct advertising. If you object to us processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, you have the right, on grounds relating to your particular situation, to object to processing of personal data concerning you which is carried out by us for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless such processing is necessary for the performance of a task carried out in the public interest.
You are free to exercise your right to object by means of automated procedures using technical specifications in connection with the use of information society services, notwithstanding Directive 2002/58/EC.
9.8 Revocation of consent under data protection law
You have the right to revoke consent to the processing of personal data at any time with effect for the future.
9.9 Complaint to a supervisory authority
You have the right to complain about our processing of personal data to a supervisory authority responsible for data protection.
10. Up-To-Dateness and modification of the privacy policy
This privacy policy is currently valid and has the status: June 2022.
Due to the further development of our internet pages and offers or due to changed legal or official requirements, it may become necessary to change this data protection declaration. You can access and print out the current data protection declaration at any time on the website at "https://www.vorn-hub.com".
THIRD-PARTY TOOLS
Information you provide in our third-party tools: We store and process the contact and payment data that you provide to us in the third party tool (please refer to the respective input mask in the third party tool for details) on the one hand to prepare and perform the respective contractual relationship with respect to your participation in the event (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR), and, on the other hand, to protect our legitimate interest in improving our offerings according to your individual requirements and thus promoting the sale of our offerings, and possibly offering you additional offerings in accordance with your interests, documenting contractual agreements and correspondence for establishing, exercising or defending related legal claims (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR) as well as fulfilling statutory documentation and document retention obligations (legal basis for processing: Art. 6 no. 1 lit. c) of the GDPR).
If we maintain a customer account for you, the aforementioned data may also be linked to your customer account and in this case stored as part of the customer account for as long as the customer account exists (see below).
Automatic Data Collection: When you visit our third party tool, information about your device and your activities is automatically collected. This information includes (a) the unique ID number of your computer or other device; (b) technical information about your device, such as device type, web browser or operating system; (c) your preferences and settings, such as time zone and language; and (d) data about your browsing in the third party tool.
It is necessary to store and process the information referred to above for the duration of your session in order to deliver our third party tool content to your computer. We also store some of this information in the log files of our servers. We will not combine this information with your IP address or other personal data relating to you.
This processing will take place for the fulfilment of the existing contract of use with you (legal basis for processing: Art. 6 no. 1 lit. b) of the GDPR), as far as it serves the purpose of the technical implementation of the third party tool’s use and to otherwise protect our legitimate interest in making our third party tool as user-friendly, safe and attractive as possible (legal basis for processing: Art. 6 no. 1 lit. f) of the GDPR).
Log files are deleted after 30 days. After expiry of those periods information will be deleted or made anonymous.
We use technically required cookies to process some of the data mentioned above. With your consent we may also use additional cookies, tracking technologies and marketing & analytics technologies. You can find more information on cookies and other technologies and on your rights and options in this respect in our cookie consent tool and the information accessible through the tool.
COMMUNITY PLATFORM (CIRCLE)
We have integrated the external community tool solution "Circle" into our community platform.
Circle is a service of the provider CircleCo, Inc, 100 Maspeth Avenue, Apt 3h, Brooklyn NY 11211, New York, USA (https://circle.so/).
The aforementioned provider operates Circle on its own responsibility and not on our behalf. When you use Circle, a direct connection to Circle's systems is established and Circle collects your personal data in this context. To find out which data is collected and how it is used, please refer to the provider's privacy policy:
https://app.circle.so/eu-privacy
You should be aware that we do not control the processing or use of your data by the provider of Circle.
The provider of Circle is based in the USA. You should be aware that in the USA not only the provider may process your data in manners, or for purposes, not compliant with European legislation, but also public authorities may have access to your data in a scope, or for purposes, not compliant with European legislation. In third countries such as the USA there might not be a supervisory authority and/or data processing principles and/or the statutory data subject rights described in this Privacy Notice might not be provided for. We have not put in place any additional safeguards or measures to ensure an adequate level of data protection from the perspective of European legislation.
TICKET SHOP (TICKET TAILOR)
For the registration for our events we use the ticket shop solution ("Ticket Shop") of the provider Zimma Ltd. (https://www.tickettailor.com/), doing business as a Ticket Tailor ("Ticket Tailor"):
Provider Ticket Tailor: Ticket Tailor operates the Ticket Shop on our behalf and under our responsibility. Ticket Tailor is based in the United Kingdom. Your personal data will be processed there.
The European Commission has determined in a so-called adequacy decision that the United Kingdom offers an adequate level of data protection within the meaning of the GDPR, so that personal data may be transferred there without further guarantees within the meaning of Art. 44 et seq. GDPR.
COWORKING TOOL (ANNY)
We have integrated the external booking tool solution "Anny" into our booking platform.
Anny is a service of the provider anny GmbH, Cäcilienstraßee 30, 50667 Köln, Germany (https://anny.co/) (“Anny”).
Anny operates the booking tool on our behalf and under our responsibility. We have entered into a data processing agreement with Anny which ensures that personal data is only processed on our behalf and in accordance with our instructions.
TERMS & CONDITIONS
Introduction
The provider of the services described in these General Terms and Conditions ("GTC") is VORN eG - The Berlin Fashion Hub, Bikini Berlin, Budapester Str. 38-50, 10787 Berlin ("VORN eG").
VORN eG operates the "VORN - The Berlin Fashion Hub". VORN - The Berlin Fashion Hub is an emerging venue in the heart of Berlin. As a real and virtual meeting place, we provide space for collaboration in creating solutions for positive impact in the fashion industry and culture. The VORN program includes (a) the Innovation Lab and Accelerator program, (b) physical premises providing coworking spaces for creative work as well as community spaces for events, showrooms, pop-up-stores, meetings and creative knowledge transfer (collectively the „VORN Space“) and (c) community services (all collectively the "VORN Hub"). In addition, we provide a place for exchange and knowledge transfer, where we run projects by the community for the community. In doing so, we act as a translator and facilitator between high-tech development and the fashion and creative industries with the goal of shaping, accelerating and communicating innovation for sustainable development.
To this end, VORN eG enters into contracts with selected customers ("Members" or "Partners") that provide Members with access to a global network ("VORN Community") as well as to the VORN Space.
VORN - The Berlin Fashion Hub is a B2B network and only natural or legal persons or partnerships who act in the exercise of their commercial or independent professional activity (so-called entrepreneurs) can become Members of VORN - The Berlin Fashion Hub. We do not offer membership, products or services for consumers.
We expressly notify you that, as an entrepreneur, have no right of withdrawal when concluding the Membership Agreement.
These GTC govern the Membership and the rights and obligations of the Members arising from and in connection with the Membership. Unless otherwise agreed in individual contracts, the provisions of these GTC apply exclusively. Any terms and conditions used by the Member or Partner do not apply unless VORN eG has expressly accepted the respective terms and conditions.
A. Membership
1. These GTC are an integral part of the membership agreement between VORN eG and its Members ("Membership Agreement") and apply unless deviating terms are agreed in the Membership Agreement. On the basis of this Membership Agreement, the Member receives online access to the VORN - The Berlin Fashion Hub Community ("Community Platform") as well as the opportunity to purchase additional Membership services ("Add-Ons"), individually or in packages (“Standard Package(s)”), or other services from VORN eG or third parties by concluding separate contracts or bookings ("Community Membership"). In return, the Member is obligated to pay a membership fee. VORN eG and the Community Membership remain independent contract partners providing and receiving services, and the Members by virtue of the Community Membership do not become partners in VORN - eG.
2. The Membership Agreement and the separate contracts or bookings for Add-Ons etc. concluded in connection with the Membership Agreement are in these GTC also collectively referred to as the “Contract”.
3. The design of the Community Platform and the type and scope of the Add-Ons are subject to constant further development. In this respect, VORN - eG is entitled to change the scope of services on an ongoing basis, provided that the change is made in accordance with reasonable discretion (i.e. also adequately takes into account the interests of the Members) and is reasonably acceptable for the Member, taking into account the interests of VORN eG; changes that do not meet this standard, e.g. because they significantly restrict the scope of services or their quality without adjusting the Membership fee, require the consent of the Members.
4. Currently, Members can purchase the following Add-Ons individually or as Standard Packages in addition to access to the Community Platform (for a more detailed description of the services, see C. Services), which can be obtained either through the Community Platform or through an external booking platform (collectively the “Booking System”):
Standard Package A - “Coworking Subscription”: a monthly subscription to coworking space available for purchase by Members via the Booking System.
The term of subscriptions is stipulated in Sec. F.6 below.
Members must book a desk via the Booking Systemin order to reserve a seat daily. Members can reserve a desk a maximum of three months in advance. Seating selection is not possible. Daily seating is available from 8 am - 8 pm, first come, first served. Members are allowed to book what is available; no guarantee of availability. Availability will be managed via the Booking System.
Standard Package B - "Day Pass": a day pass to coworking space available for purchase by Members via the Booking System.
Additional Bookings - Both package A and B allows Members to purchase the following additional Add-Ons individually:
“Meeting room”: Meeting room in VORN coworking space can be booked with additional cost.
“Conference room”: Conference room in VORN coworking space can be booked with additional cost.
“Telephone Box (1 Person)”: Telephone boxes for one person in VORN coworking space can be booked with additional cost.
“Meeting Box”: Meeting box in VORN coworking space can be booked with additional cost.
Standard Package C - "Events Space": Events Space in VORN Space can be booked by Members with additional cost. Any request must be submitted individually. Please send an inquiry via info@vorn-hub.com
B. Contract Conclusion
1. All services can be used after conclusion of the Membership Agreement.
2. The conclusion of the Membership Agreement takes place via the Community Platform where interested parties can register and submit the bank or payment data required for payment of the Membership fee.
3. The Membership Agreement is concluded upon receipt of payment of the Membership fee.
4. Upon completion, each Member receives access to the Community Platform.
5. Members can purchase Add-Ons and other additional services for their Membership at any time via the Booking System. Purchases are currently made via Coworking Platform ANNY for renting coworking desks, meeting room and events space and via the Community Platform for other services.
C. Services
1. The type and scope of the services offered as part of the Community Membership and the fees to be paid for them are set out in the service description valid at the time of registration. If applicable, different types of Membership with individual scopes of services or fees are also offered ("Package(s)"). By registering for a Package, the Member warrants that he or she meets the personal requirements for its use.
2. If additional services are made available to Members by third parties, the provider and contractual partner of these services is exclusively such a third party. This also applies if the booking and / or billing of the additional service is done through VORN - The Berlin Fashion Hub, but the service is explicitly marked as a service purchased by the Member from a third party. VORN - The Berlin Fashion Hub is not liable to the Member for breaches of duty or other actions of the third party causing damage, unless VORN eG is at fault. If the latter is the case, the provisions on limitation of liability in these GTC Apply.
D. Fees and payment
1. Annual Fees - Members must pay an annual fee, the amount of which depends on the size of the company (turnover and number of employees).
Add-Ons - Members must pay a fee for Add-Ons, the amount of which depends on the selected Add-On or Standard Package.
All prices are net prices, plus the applicable statutory value added tax.
2. Annual Fees - The annual Membership fee is due in advance on the 1st (first) of the 1st (first) month of the contract year. The first annual Membership fee is due upon conclusion of the Membership Agreement (Section B.3) All other fees (for additional services) are due immediately upon order.
Add-Ons - Fees for Add-Ons are due immediately once the Add-On or Standard Package is purchased through the Booking System. Subscription Fees for renewal terms are due in advance for each renewal term.
3. Annual Fees - The Members can pay their Membership fee by bank transfer, paypal, credit card, klarna or SEPA direct debit. Payment processing is done in cooperation with Stripe, Inc. an international cashless payment provider whose terms and conditions apply accordingly.
Add-Ons - Members can pay their bookings directly through the Booking System.
The Member is obligated to inform VORN - The Berlin Fashion Hub immediately of any changes to his or her means of payment. Cash payments are excluded.
4. By providing the IBAN and confirming this payment, the Member authorizes VORN - The Berlin Fashion Hub, ANNY and Stripe to debit his/her account and bank accordingly and to debit the Membership fee. The Members are entitled to a refund of the Membership fee by their bank according to the terms of the agreement with their bank. A refund must be requested within eight (8) weeks from the date the account was debited. The Member is obligated to ensure that there are sufficient funds in his/her account to successfully debit the Membership fee. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the Member, unless the non-payment or chargeback was caused by VORN eG.
5. In connection with the collection of data for the execution of payments, the data protection provisions of Stripe apply.
6. The Member cannot request a retroactive or subsequent change of his/her billing address in invoices already issued and sent by VORN eG. Members can update their billing information for future invoices at any time via their Member profile.
7. In the event of charge-backs for which the Member is responsible, VORN eG is entitled to charge these costs to the Member. The costs will be charged to the deposited means of payment.
E. Scope of services, Non-Conformities, Liability
1. The possibility of using the Community Platform via the Internet exists only within the framework of the available technical capacities and the state of the art. Availability of the Community Platform at all times is not owed. Non-availability or malfunctions of the Community Platform, the temporal extent of which is insignificant in individual cases as well as in in the aggregate in relation to the duration of the Membership, do not entitle the Member to a reduction of the Membership fee, regardless of whether VORN eG is responsible for them.
2. The possibility to use the VORN Space (including the coworking spaces and meeting rooms) exists only within the scope of the available capacities, which are specified in the service description. VORN eG reserves the right to issue terms of use (Section G.2), which are intended to ensure equal usability for all Members.
3. Unavailability or disruptions (e.g. due to construction works) of, VORN Space, the temporal extent of which is insignificant in individual cases as well as in total in relation to the duration of the Membership, do not entitled to a reduction of the Membership fee, regardless of whether VORN eG is responsible for them. The right to reduce any rental fees in case of unavailability or disruption of an already rented rental property remains unaffected.
4. VORN eG shall be liable in damages in connection with the Membership Agreement, another Contract, and/or the services provided to the Members in connection therewith, whether based on contract, tort or any other legal theory, only to the extent that the damage was caused by gross negligence or willful misconduct imputable to VORN eG. In the event of death of a natural person or personal injury to the latter, VORN eG shall be liable also for slight negligence in accordance with statutory law. In addition, VORN eG shall also be liable in accordance with statutory law for a slightly negligent violation of a Fundamental Duty under the Membership Agreement, but such liability shall be limited to such damage as VORN eG could have reasonably foreseen at the time of signing of the Contract.
A “Fundamental Duty” as used herein comprises all duties which must be fulfilled by VORN eG in order to enable consummation of the Contract and the achievement of its purposes and fulfillment of which the Member may reasonably expect in view of the content and purposes of the Contract such as the duty to consummate the Contract in a timely manner and a manner which does not endanger the life or health or personal property of the Member.
Any mandatory liability under the Product Liability Act and/or arising from a guarantee of properties shall remain unaffected.
The foregoing terms shall not be construed to shift the statutory burden of proof in any way.
5. VORN eG does not assume any liability for the failure or limitation of services due to force majeure. In this respect, force majeure also includes labor disputes, demonstrations and unlawful behavior of other Members or third parties.
F. Term & Termination
1. The Membership begins with the day of the conclusion of the Membership Agreement (Sec. B.3).
2. The Membership Agreement is concluded for a period of 12 (twelve) months ("Minimum Term").
3. At the end of the Minimum Term, the Membership Agreement shall be automatically renewed for an indefinite period of time unless terminated by either party in accordance with the following Section 4.
4. Membership may be terminated by either the Member or VORN eG for convenience at any time after the end of the Minimum Term by giving three (3) months' notice, but no earlier than the end of the Minimum Term. Example: If Membership begins on 01.09.2022, the minimum term of at least twelve (12) full calendar months, at the end of which termination is possible for the first time, ends on 31.08.2023. Accordingly, notice of termination with effect on 31.08.2023 must be received by 31.05.2023 at the latest. After that, the termination can be made at any time with three months’ notice.
5. The termination of the Membership can be made via the Community Platform or otherwise by email, in writing or in other text form.
6. Subscriptions are concluded for an initial minimum term of one month and after expiry of the initial term continue in effect for an indefinite term until terminated for convenience observing a notice period of one week.
7. The right to terminate without notice for good cause remains unaffected for each party.
8. With effective termination of Membership, all rights and obligations arising from the Membership Agreement cease to apply. Pre-paid fees will be repaid pro rata temporis.
G. Processing of Payments and Services
1. Cashless payment transactions
VORN eG is entitled to operate the VORN Space on a cashless basis. This means that all or individual products and services offered by VORN - The Berlin Fashion Hub or third parties to Members in addition to the Membership can only be used via a cashless means of payment to be determined by VORN eG.
2. House Rules, Terms of Use
VORN - The Berlin Fashion Hub is entitled to issue terms of use and house rules for the VORN Space, terms of use for the Community Platform as well as terms of use for events of VORN - The Berlin Fashion Hub (together the "Terms of Use") to be observed by the Members. The Terms of Use contain, in particular, regulations on the permitted use of the VORN Space and on the protection of the rights of other Members. The Terms of Use will be published on the website of VORN - The Berlin Fashion Hub.
3. Image and sound rights at events
In the context of VORN - The Berlin Fashion Hub events, video, image or sound recordings are regularly made for promotional purposes. The Member agrees that VORN eG or third parties commissioned by VORN - The Berlin Fashion Hub may make visual and/or audio recordings of the Member at any time during the events and that the Member agrees to this by attending the respective event. If the Member does not wish to appear in such recordings, he or she can inform VORN eG or the respective photographer at the event at any time. By attending the event, the Member agrees to the free, revocable only in justified individual cases, exploitation, use and dissemination of image and/or sound recordings of him or her for all current and future audiovisual media, in principle without any temporal or spatial restrictions. This includes, in particular, but is not limited to, photographs, live broadcasts, broadcasts and/or recordings made by VORN eG or the respective organizer or its agents in connection with the event and published or distributed on the website of VORN eG or via other communication channels.
H. Changes of the General Terms and Conditions
Amendments of these GTC, other Contract terms or Recurrent Fees may be made by VORN eG unilaterally with proactive effect during the life of a Membership Agreement as follows:
1. VORN eG shall be entitled to amend these Conditions, other Contract terms or any recurrent fees by unilateral notice with proactive effect, observing three months notice with effect to the end of the Minimum Term or any other date on which VORN eG could alternatively terminate the Membership Agreement in accordance with its terms.
In such a case the Member shall have the right to withdraw from the Membership Agreement by unilateral notice, observing one month's notice with effect to the effective date of the proposed amendment. Where the Member does not exercise this right, the amendment shall become effective.
Add-Ons agreed prior to the effective date of the proposed amendment shall not be affected by such amendment.
2.Notwithstanding Sec. 1, VORN eG shall also have the right, at any time, to modify any recurrent fees upon three months' notice with effect to the end of any calendar month, if and to the extent that the cost of VORN eG's staff in charge of providing such services and/or the costs of materials and services reflected in such fee increase. Such modification is only admissible once per calendar year. If the increase should be higher than 10% within one calendar year, the Member shall be entitled to give notice of termination of the Membership Agreement providing for such recurrent fee, irrespective of any Minimum Term which may still be applicable, observing one month notice with effect to the effective date of the proposed amendment. Where Member does not exercise this right, the amendment shall become effective.
I. Final Provisions
1. VORN eG may make use of subcontractors to perform any of its obligations under the Contract, provided that the use of any such subcontractors shall not limit or restrict VORN eG's obligations towards the Member.
2. The Member shall not be entitled to assign its rights under the Contract - except for claims for payment - to any third party without VORN eG's prior written consent, which consent shall not be unreasonably withheld.
3. Should one or more of the provisions of the Contract or these GTC be or become invalid or unenforceable, the validity and enforceability of the other provisions hereof shall not be affected.
4. Place of performance for all obligations under the Contract shall be at the seat of VORN eG, or, for obligations to be performed in the VORN Space, the VORN Space.
5. All contractual relationships between the parties shall be subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
6. All disputes arising under or in connection with the Contract and/or these GTC shall be submitted exclusively to the courts of Berlin to the extent that the Member is a commercial entity or a public law corporation, or a public law fund or trust. The same shall apply if, at the time the claim is brought, the Member’s domicile is not in Germany or not known. VORN eG shall in any event be entitled, at its discretion, alternatively to take legal action against the Member in the courts having general personal jurisdiction over the Member.
7. Please note that Regulation (EU) No. 524/2013 provides for dispute resolution procedures which are available as an alternative to litigation in court.
More details on such procedures for consumers can be found in Regulation (EU) No. 524/2013 and on the following website: http://ec.europa.eu/consumers/odr.
We are under a statutory obligation to state our e-mail address. This is: Membership@vorn-hub.com.
We always strive to resolve any disputes which may arise in our customer relationship amicably. However, we are not obligated to participate in proceedings for the out-of-court resolution of disputes before an alternative dispute resolution entity for consumer claims, and, to our regret, we cannot offer our participation in such proceedings.
8. If you have any questions or suggestions regarding Membership or these GTC, VORN - The Berlin Fashion Hub can be contacted at Membership@vorn-hub.com.