Terms and Conditions

General Terms and Conditions for users of the FanShop app

Status: 01.01.2025

TFS Group GmbH

Managing Director Jakob Bach

Theaterstrasse 3

30159 Hanover

Tel: +49(0)171 7761921

E-Mail: info@tfsgroup.gmbh

A. General information

1. Scope and subject matter of the contract

1.1. These General Terms and Conditions (GTC) govern the contractual relationship between users

and customers (hereinafter: "Users") of the website www.fanshop.app, the mobile application

"Fanshop" and all other apps or websites of TFS Group GmbH (hereinafter: "Provider"). Users are

all natural or legal persons who make use of the Provider's offers for information purposes or to

conclude service and purchase contracts

1.2. These GTC can be requested from the Provider at any time at the User's request by e-mail to

info@tfsgroup.gmbh or in writing. The GTC can also be accessed at any time on the provider's

website.

1.3. By using the website or registering on the provider's portal, the user recognizes the current

version of these GTC as binding for all legal relationships between him and the provider.

1.4. The legal relationship between the Provider and the User shall be governed exclusively by these

GTC. Any deviating provisions or regulations of the user are hereby expressly rejected. Deviating

provisions or regulations of the User shall not apply even if the Provider does not expressly object

to them individually.

1.5. The Provider enables users to access a central database system (hereinafter "Service" or

"Services") in the form of an online marketplace via its website and mobile application. This

database system contains profiles and information about other users. After registering and

creating their own profile, users have the option of searching for other profiles in the database.

Users can view the profiles of other users and interact with them. In addition, the provider offers

the possibility of accessing data material and offers from selected users as part of access to the

database system. The content, type and duration of the data material or offers made available

and transmitted by the respective user is the sole responsibility of the user. For this purpose, the

Provider provides users with access to the marketplace for the duration of the contract in order

to offer a wide variety of individual goods and services as well as individual items (hereinafter

referred to as "goods") for a fee as a creator, influencer, musician and other public figure

(hereinafter referred to as "Creator") or to search for and purchase goods in a database as a

buyer. The goods are shipped by a shipping service provider commissioned by the Provider in the

name of and on behalf of the Creator . The Provider acts as an intermediary by purchasing the

products from the Creators as part of a User's purchase process and reselling them directly to the

end customer (hereinafter also referred to as the "User"). The object of this contract is therefore

not only the provision of a marketplace for offering and searching for goods, but also the

purchase and resale of goods.

1.6. The provider also handles any revocations or complaints, so that the user must contact them in

this regard.

2. Data protection

2.1. The provider takes the protection of user data seriously. A comprehensive explanation of how it

collects, stores and processes user data can be found in the following privacy policy:

https://www.fanshop.app/privacy-policy.

2.2. The user is aware and agrees that the personal data required to process the order will be stored

by the provider on data carriers. The customer expressly consents to the collection, processing

and use of his personal data. The stored personal data will of course be treated confidentially by

the provider. The collection, processing and use of the user's personal data is carried out in

compliance with the General Data Protection Regulation (GDPR), the German Federal Data

Protection Act (BDSG) and the German Telemedia Act (TMG).

2.3. The user has the right to revoke his consent at any time with effect for the future. In this case,

the provider is obliged to delete the user's personal data immediately. In the case of ongoing

order processes, the deletion takes place after completion of the order process.

3. Choice of law - Place of jurisdiction

3.1. The law of the Federal Republic of Germany shall apply to contracts in accordance with these

General Terms and Conditions, to the exclusion of the UN Convention on Contracts for the

International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar

as the protection granted is not withdrawn by mandatory provisions of the law of the country in

which the consumer has his habitual residence.

3.2. If the user is a merchant, a legal entity under public law or a special fund under public law, the

place of jurisdiction shall be the registered office of the provider. However, the provider is also

entitled to sue the user at the court of his place of residence. In the case of a contract with a

consumer, the place of jurisdiction is the place of business of the provider if the user moves his

domicile or usual place of residence outside the territory of the Federal Republic of Germany

after conclusion of the contract. This also applies if the domicile or habitual residence of the user

is not known at the time the action is brought.

4. Limitation of liability

4.1. The Provider shall be liable in accordance with the statutory provisions for intent and gross

negligence on the part of the Provider, its legal representatives, executives or other vicarious

agents. The same applies to the assumption of guarantees or other strict liability as well as to

claims under the Product Liability Act or in the event of culpable injury to life, limb or health. The

Provider shall be liable on the merits for simple negligent breaches of essential contractual

obligations caused by it, its representatives, executives and simple vicarious agents, i.e. such

obligations on the fulfillment of which the User regularly relies and may rely for the proper

execution of the contract, but in this case the amount shall be limited to the foreseeable damage

typically arising.

4.2. Any further liability of the provider is excluded.

4.3. Insofar as the liability of the Provider is excluded or limited, this shall also apply in favor of the

personal liability of its legal representatives, executive employees and simple vicarious agents.

4.4. The provider and its affiliated providers of telecommunications and network services are not

liable for compensation for any damage resulting from the use or non-use of the website, in

particular not for ensuring that the website functions without interruption or without errors. This

includes, but is not limited to, the warranty for defects of title, integrity, merchantability or fitness

for a particular purpose with regard to the availability, accuracy, reliability or content of the

pages. The provider is not liable for direct, indirect or incidental damages or for consequential

damages, for lost profits or for business interruptions resulting from the use or inability to use

the website and the services contained therein. This also applies if the provider has been

informed of the possibility of such damages

4.5. In particular, the Provider assumes no responsibility and is not liable for any damage caused by

external influences on the Customer's or Creator's system or during the process of data

transmission from the Customer or Creator to the Provider or from the Provider to the Customer

or Creator.

4.6. The Provider shall provide any information, advice and recommendations to the best of its

knowledge. There is no primary or secondary contractual obligation to provide information,

advice or recommendations. The provider is therefore not obliged to compensate for any damage

arising from compliance with the information, advice or recommendation, unless liability arises

from a tortious act or other statutory provision. Information, advice and recommendations may

consist of illustrations or texts, irrespective of whether this information, advice or

recommendation is publicly accessible or was given to the customer personally.

5. Changes to these GTC

5.1. The Provider reserves the right to amend these General Terms and Conditions in the event of

changes in the law, changes in jurisdiction or changes in economic circumstances.

5.2. The user will be informed of any changes to the terms and conditions in advance in writing or by

e-mail.

5.3. The new General Terms and Conditions shall apply from the time at which the user agrees to the

new General Terms and Conditions in writing, by e-mail or via the website, or at the latest after

a period of six weeks after the user has been informed of the change to the General Terms and

Conditions, if the user has not objected to the changed conditions within this period.

6. Dispute resolution

6.1. The European Commission provides a platform for online dispute resolution (ODR), which the

user can find at http://ec.europa.eu/consumers/odr/.

6.2. Furthermore, the provider is not obliged or willing to participate in out-of-court dispute

resolution proceedings.

B. Conditions for the use of the platform

7. Use of the platform

7.1. To use the Provider's services, it is necessary to create a free user account (hereinafter:

registration). After registration, each user receives their own user account. Registration as a user

is possible for all natural persons who have reached the age of eighteen and legal entities.

7.2. When registering the user account, the user is obliged to provide their first and last name, e-mail

address and password. Creators must also provide their public name / business name and the

information required by law. However, the Creator's information is only to be disclosed to the

Provider. The personal data will be treated confidentially in this respect and, in particular, the

Creator's address will be anonymized during dispatch. The user can add complete address data

in his personal account. If a customer orders without registering a user account, they must also

provide their full address details as well as their first and last name when ordering

7.3. The user assures that the information provided to the provider during registration or ordering is

truthful and complete. If the user provides false or incomplete information, the provider is

entitled to delete and terminate the user account without notice. The identity of users can only

be verified by the Provider to a limited extent. It is up to the contractual partners to verify the

identity of their respective contractual partner.

7.4. The data provided by the user during registration must be truthful and will be stored, together

with the user's IP address, after completion of registration in accordance with the provider's

privacy policy and in compliance with the applicable data protection regulations. The privacy

policy is available here: https://www.fanshop.app/privacy-policy. In the event of changes to data

already collected after registration, the user must inform the provider immediately by e-mail to

info@tfsgroup.gmbh .

7.5. The provider reserves the right to refuse registration of the user without giving reasons or to

terminate and delete existing user accounts after prior notice.

7.6. When registering, the user specifies a user name. User names that infringe the rights of third

parties and/or violate naming or identification rights are not permitted. User names with racist,

sexist or other inappropriate content are also inadmissible.

7.7. The provider is entitled to block a user account with immediate effect for the following reasons

in particular:

7.7.1. if false information was provided during registration,

7.7.2. in the event of reasonable suspicion of misuse of the user account by third parties,

7.7.3. if the user violates the provider's General Terms and Conditions.

7.8. The user is given the opportunity to terminate his user account at any time. A notice of

termination can be sent by e-mail to info@tfsgroup.gmbh.

7.9. Ratings and comments left by a user on the online platform prior to termination may remain

visible at the provider's discretion.

7.10. The user's access data is intended exclusively for the respective user. It is not permitted to

pass on access data to third parties. Should third parties nevertheless gain access to the user

account or should the user have other indications of misuse of his account, he must inform the

provider immediately and change his access data.

8. Conclusion of contract with the provider

8.1. If a Creator places an item using the Provider's services, they submit a binding offer to conclude

a contract for this item. The User places the desired goods in the shopping cart by clicking the

"Buy" button. In the shopping cart, the user can correct his entries, in particular his delivery

address, before clicking on the "Pay now" button to select the payment methods. Only by clicking

on the "Continue" button does the user place a binding order for the goods in the shopping cart.

A purchase contract is thereby concluded first between the Creator and the Provider and then

between the Provider and the User. Before submitting a binding order, the user can correct all

entries at any time. In addition, all entries are displayed again before the payment modalities are

entered.

8.2. The User is generally obliged to pay in advance. Unless otherwise agreed between the User and

Creator or Provider, the purchase price is due immediately and must be paid by the User using

the payment methods offered by the Provider.

8.3. The Creator must be able to transfer the offered items to the Vendor immediately after

conclusion of the contract.

9. Reviews

9.1. After making a purchase, users have the opportunity to rate its execution by the Creator and the

respective product. Users are only authorized to use the rating system offered for this purpose.

9.2. Every user is obliged to provide only truthful and factual information in the evaluation, not to

make any insults or unacceptably disparaging statements and only to communicate

circumstances directly related to the respective purchase.

9.3. It is not permitted to rate oneself as a Creator. The provider is entitled to remove such ratings.

9.4. The provider will not review the ratings without concrete suspicion.

9.5. If a Creator is of the opinion that an inaccurate or otherwise inadmissible review has been

submitted about him by another User, he may contact the Provider. The Provider shall request a

response from the author of the review in question. If the author refuses to amend or withdraw

his rating, the Provider shall decide at its own discretion whether the rating shall continue to

appear in the database until the admissibility of the rating has been clarified in court.

9.6. If a User violates these evaluation principles, he shall be obliged to compensate the Provider for

the resulting damage. In particular, he shall be obliged to indemnify the Provider against claims

asserted by the respective Creator or other third parties against the Provider due to an

unreasonable rating.

10. Sanctions, blocking and termination

10.1. If a user violates his contractual obligations as regulated in these terms and conditions, the law

or morality, the provider may react as follows at its own discretion, taking into account the

interests of the user:

à Deletion of offers or content (e.g. ratings)

à Warning of users

à Restrictions on the use of the provider's services

à Temporary or permanent blocking

10.2. The Provider may permanently exclude the User from using its services (permanent blocking) if

à he has given false contact details

à he transfers his user account to third parties or grants access to it

à it causes significant harm to other users

à he repeatedly violates these GTC

à he has repeatedly received negative reviews and the blocking is necessary to protect

the interests of other users

à there is another important reason.

10.3. Users may terminate this contract of use at any time without notice. The obligations to the

Provider and/or other users already established at the time of termination shall remain

unaffected by this.

10.4. The Provider may terminate the user contract with two weeks' notice to the end of the month.

The right to terminate without notice for good cause or to block the user account remains

unaffected by this.

10.5. Any notice of termination must be given at least in text form.

10.6. As soon as a user has been blocked or the user contract has been terminated by the provider,

the user has no right to set up a new user account, not even under a different name or under a

different designation.

11. Prices and terms of payment

11.1. At the time of use, the prices listed at the time of booking apply, including or excluding the

applicable VAT and any additional shipping costs.

11.2. The Provider shall receive a flat-rate service fee per booking from the Creator for the brokerage

and technical and organizational processing of the booking via the Platform and for customer

support. This fee is included in the Creator's displayed price and is not shown separately. The

User only pays the Creator's displayed price. All payments arising from and in connection with

the contracts brokered via the Platform shall be made via a licensed payment service provider

("Payment Service Provider") on the basis of a separate payment service contract.

11.3. The following payment options are available to the customer via the payment provider Xolvis

Pay, Xolvis GmbH, Im Thal 2, 82377 Penzberg (www.xolvis.com):

11.3.1. Credit card (Mastercard, VISA or American Express)

When placing the order, the user simultaneously transmits their credit card details. Once the

user has been legitimized as the legitimate cardholder, the payment service provider

immediately requests payment from the user's credit card company. The payment transaction

is carried out automatically by the credit card company and the user's credit card account is

debited.

11.3.2. Apple Pay

By submitting the order and logging into their user account at the Apple App Store, the user

confirms the payment. Payment is then processed via Apple's in-app purchase process. In this

respect, reference is made to the terms and conditions of the App Store accepted by the user

(https://www.apple.com/legal/internet-services/itunes/de/terms.html).

11.3.3. Google Pay

By submitting the order and logging into their user account with the Google Play Store, the

user confirms the payment. Payment is then processed via the Google in-app purchase

process. In this respect, reference is made to the terms and conditions of the App Store

accepted by the user (https://play.google.com/intl/de_lu/about/play-terms/).

11.3.4. Paypal

As part of the ordering process, the user is redirected to the website of the online provider

PayPal. In order to be able to pay the invoice amount via PayPal, the user must be registered

there or first register, legitimize himself with his access data and confirm the payment

instruction to the provider. After placing the order in the store, the provider requests PayPal

to initiate the payment transaction. The user receives further instructions during the ordering

process. The payment transaction will be carried out automatically by PayPal immediately

afterwards

11.3.5. Giropay

After placing the order, the user is redirected to their bank's website. In order to be able to

pay the invoice amount via Giropay, the user must have a bank account activated for online

banking, legitimize himself accordingly and confirm the payment instruction to the provider.

The user receives further instructions during the ordering process. The payment transaction

is carried out immediately afterwards and the user's account is debited.

11.4. The User must pay the total price shown in the booking and enable the payment service

provider to collect the amount accordingly. The payment service provider shall forward the

amount paid by the user or the amount collected from the user to the Provider, who shall

receive the payments on behalf of the Creator.

11.5. If the user defaults on his payment obligations, the provider may demand compensation in

accordance with the statutory provisions and/or withdraw from the contract.

11.6. The Provider shall always issue an invoice to the User, which shall be placed in the User's user

account or otherwise sent to the User in text form.

11.7. The user may only assert offsetting and/or retention rights insofar as they are based on the

same contractual relationship.

12. Delivery and transfer of risk

12.1. Unless otherwise contractually agreed, the ordered goods shall be delivered by the Provider to

the address specified by the User. The Provider reserves the right to make a partial delivery if

this appears advantageous for speedy processing and the partial delivery is not exceptionally

unreasonable for the User. The user will not be charged for any additional costs arising from

partial deliveries.

12.2. In order to protect the privacy of the creator, delivery is usually anonymous and the address of

the provider is given as the sender address.

12.3. The availability of the individual goods is indicated in the item descriptions. Unless otherwise

stated in the item description, shipping takes approx. 2-4 working days from conclusion of the

contract within Germany, approx. 3-10 working days within Europe and approx. 30 working days

worldwide. The delivery time depends on the usual delivery times of the usual shipping service

providers (DHL, UPS, DPD, hermes).

12.4. The risk of accidental loss and accidental deterioration of the goods shall to the user at the

latest upon handover. If the User is an entrepreneur, the risk of accidental loss and accidental

deterioration of the goods as well as the risk of delay shall pass to the User upon delivery of the

goods to the forwarding agent, carrier or other person designated to carry out the shipment.

12.5. In the case of cross-border movement of goods, the user is deemed to be the importer and

therefore bears the risk of the possibility of import and the risk of customs duties.

13. Warranty

13.1. Insofar as the Provider provides services, the parties agree that it does not owe any specific

success, but only services, and that it is solely within the User's sphere of decision and risk to

make the necessary decisions resulting from the services provided.

13.2. Otherwise, the statutory warranty rights apply with the proviso that the User does not contact

the Creator, but the Provider as the seller, who checks the User's alleged claims and, if justified,

initiates the statutory consequences of the warranty for defects.

14. Liability

14.1. The presentation of the Creator on the Platform is based on the information provided by the

respective Creator. The Provider therefore assumes no liability for the topicality, completeness

and accuracy of the information about the Creator presented on its Platform.

14.2. In particular, the Provider shall not be liable for the "authenticity" of the respective Creator,

even if it requests personal information and, on a random basis, corresponding proof/receipts

from the Creator for registration. However, the user is responsible for verifying the authenticity

of the Creator.

14.3. The provider has no influence on the availability of the Creator displayed on the platform.

Therefore, liability for availability is excluded. The Provider makes no promises, guarantees or

other assurances in the legal sense with regard to the services of the Creators presented.

14.4. Section 4 of the GTC shall apply in all other respects.

15. Arbitration offer

15.1. The provider attaches great importance to the trust of the users in the sales made. In the

event of a dispute, the Provider shall therefore endeavor to settle the dispute in accordance with

the following provisions.

15.2. In the event of a dispute (e.g. a dispute about the absence of defects in a product), both

contracting parties, the User and the Creator, are entitled to notify the Provider of the facts in

the form of a complaint.

15.3. The Provider shall then compile the facts of the case and, if necessary, contact both

contracting parties. The Provider shall then attempt to conclusively examine the facts of the case

within two weeks of receipt of the complaint and submit a proposal for a solution to both parties.

15.4. In order to submit the proposed solution, the Provider shall be entitled but not obliged to

obtain legal advice and to transmit the facts of the case to a lawyer under an obligation of

confidentiality. Obtaining advice is not associated with additional costs for the contracting

parties.

16. Cancellation policy

16.1. If the user uses the provider's services as a consumer, the following provisions apply.

16.2. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any

reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract (with

regard to the use of the provider's platform) or from the day on which you or a third party

named by you, who is not the carrier, have taken possession of the goods (in the case of the

conclusion of purchase contracts).

To exercise the right to cancel, you must inform us (TFS Group GmbH, Theaterstraße 3, 30159

Hannover, E-Mail:info@tfsgroup.gmbh , Tel: 01717761921) of your decision to cancel this

contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached

sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of

exercising your right of withdrawal before the withdrawal period has expired.

16.3. Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you,

including the costs of delivery (with the exception of the supplementary costs resulting from

your choice of a type of delivery other than the least expensive type of standard delivery

offered by us), without undue delay and in any event not later than 14 days from the day on

which we are informed about your decision to withdraw from this contract. For this

repayment, we will use the same means of payment that you used for the original transaction,

unless expressly agreed otherwise with you; under no circumstances will you be charged any

fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided

proof that you have returned the goods, whichever is the earlier. You must return or hand

over the goods to us immediately and in any case within fourteen days at the latest from the

day on which you inform us of the revocation of this contract. The deadline is met if you send

the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. You shall only be liable for any

diminished value of the goods resulting from handling other than what is necessary to

establish the nature, characteristics and functioning of the goods.

If you have requested that the services should commence during the withdrawal period, you

shall pay us a reasonable amount corresponding to the proportion of the services already

provided up to the time at which you inform us of the exercise of the right of withdrawal with

regard to this contract compared to the total scope of the services provided for in the contract.

Reference to non-existence of the right of withdrawal

The right of withdrawal does not apply to distance contracts

- for the delivery of goods which are not prefabricated and for the manufacture of which an

individual selection or determination by the consumer is decisive or which are clearly tailored

to the personal needs of the consumer

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly

exceeded

- for the delivery of sealed goods that are not suitable for return for reasons of health

protection or hygiene if their seal has been removed after delivery

- for the delivery of goods if they have been inseparably mixed with other goods after delivery

due to their nature

- for the delivery of audio or video recordings or computer software in a sealed package if the

seal has been removed after delivery

16.4. Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

• To TFS Group GmbH, Theaterstraße 3, 30159 Hannover, e-mail: info@tfsgroup.gmbh:

• I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the

following service (*)

• Ordered on (*)

• Name of the consumer(s)

• Address of the consumer(s)

• Signature of the consumer(s) (only for notification on paper)

• Date

_____________

(*) Delete as appropriate.

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