Terms & Conditions of www.sexyrainwear.online
The following terms and conditions apply to all activities of www.sexyrainwear.online, Pascal Hollenbrock, Hans-Guggemoos-Str. 5, 82362 Weilheim, Germany (following SXRW) advertised on our homepage www.sexyrainwear.online. This terms and conditions are brought to the attention of all customers through uploading them onto the homepage www.sexyrainwear.online and form part of any agreement between customer and us.
1.1 SXRW sees itself as a provider of photographs and videos of artistic value from the fetish sector. SXRW does not offer any photos or videos that are explicitly pornographic. SXRW does not offer any photos or videos that explicitly contain sexual content.
1.2 All models in the photographs and videos distributed by SXRW are of age (at least 18 years old at the time the photo was taken / recording was made) and have volunteered to participate in the photographs or video recordings.
1.3 All products / service of SXRW are exclusively offered to consumers in accordance with Article 13 German Civil Code (BGB).
2.1 Our homepage can be used with or without registration. Unregistered users are offered previews with a limited number of thumbnails as well as preview videos with greatly reduced playing time.
2.2 In order to be able to view complete content (in the case of picture galleries: all pictures per gallery in original resolution / in the case of videos: video in original duration and resolution) on the homepage a registration and then the purchase of a membership (see 3.2) is needed. The creation of an account is connected to the purchase of a membership, thus with costs.
2.3 To be able to create an account, the customer must be minimum eighteenth (18) year of age and / or the appropriate age of majority (if a person older than 18 years of age is required) in the district, state or country in which the customer is based.
2.4 SXRW will block / terminate any account with immediate effect if there is reason to believe that the account is being used by a person who has not yet reached the eighteenth (18) year and / or has not yet reached the age of majority (If a person is older than the eighteenth (18) year of) in the district, state or country in which the person is based.
2.5 When creating an account, each customer must provide a personal user name, a password, a valid e-mail address, their real name and the residence address.
2.6 By registering with the homepage as part of a membership purchase, the customer acknowledges, by clicking an appropriate checkbox, the Terms & Conditions set out here as binding and as the sole terms applicable to the contractual relationship with SXRW. Such affirmation completes the registration process.
2.7 Registration and membership are separate. A customer whose membership has expired or cancelled has access to the homepage and his personal account information through his account. However after final expiration of his membership the customer can no longer use content for pay via his account.
2.8 There is no legal right to registration for customers. By registering, the customer declares that he is a consumer in accordance with Article 13 of the German Civil Code (BGB).
3. Conclusion of Agreement
3.1 The basis for each contract are the Terms & Conditions as laid out here. They form an integral part of the aforementioned contract. The customer confirms this by activating a checkbox while purchasing a membership. We hereby expressively reject any Customer’s terms and conditions and their inclusion in the aforementioned contract.
3.2 The customer can purchase memberships to view and download picture galleries consisting of approximately 20 to 70 individual photos in a resolution of 4500×3000 pixels as well as videos in HD quality. Videos can’t be downloaded and can be viewed by streaming.
3.3 Within the framework of a membership the customer has access to all picture galleries (possibly delayed – based on membership, see 6. for details) and videos (definitely delayed, different delays depending on membership, see 6. for details).
3.4 During his membership the user has access to all new photos and videos published on the homepage while being a member. Possibly access to these updates will be delayed according to 6.
3.5 During his membership the user can upgrade to another membership level via his membership area (not possible for Rainwear Heaven – see 6. for details). Upon upgrade the user has to purchase the desired membership level at the given price. We won’t reimburse any membership fees already paid for the former membership level.
3.6 During his membership the user can downgrade to another membership level via his membership area (not possible for Sneak Preview – see 6. for details). Downgrading is possible without any extra cost. We won’t reimburse any membership fees already paid for the former membership level.
3.7 All purchases of a membership are done through one of the payment providers used by SXRW. After successful confirmation by the payment provider selected during the membership purchase, the customer can log in and use the content available for the purchased membership (see 6.) immediately. After successful purchase, the customer receives a purchase confirmation and an access data information for the homepage.
3.8 Contract documents will be shown on the homepage after conclusion of contract. The contract information underlying the contract between SXRW and the customer will be displayed on the homepage after a contract has been concluded in a membership information page. This page contains a list of all purchased memberships, their runtime as well as possibilities to upgrade or cancel the membership. The Terms & Conditions are provided to all homepage users at any time via a link at the end of the page. Customers are responsible for the archiving of the above-mentioned information accessible via the homepage for the purpose of proof, accounting or other purposes to a storage medium independent of our homepage.
4. Cancellation of Agreement for consumers per Para. 13 of the German Civil Code (BGB).
4.1 Customers have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the customer or a third party nominated by you, other than the carrier, take possession of the goods.
4.2 In all other cases to exercise the customers right of cancellation, please inform us
Phone: +49 (0)30 610 900 77 248
E-Mail: [email protected]
of his decision to cancel this contract. The customer can optionally use the attached sample cancellation form (click here). You can also fill out and submit the sample cancellation form or any other unique declaration, electronically, on our website. Once you have made use of this possibility, we will send you confirmation of the receipt of such cancellation immediately (e.g. by email). To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
4.3 Consequences of cancellation
4.3.1 Digital goods: If the customer cancels this contract, we are obliged to repay all payments that we have received from you including delivery charges without delay and at the latest within fourteen days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
4.3.2 Physical goods: If the customer cancels this contract, he’s obliged to send back the acquired physical good in exactly the same condition as it was when purchased from SXRW. The goods have to be sent back to:
The customer has to take over the shipping costs for all goods with a price of up to 60 EUR. For higher priced goods SXRW will take over the shipping costs. When SXRW receives the physical good(s) and confirms that they are in the same condition as they were before being sold SXRW will reimburse the purchasing price to the customer at the latest within fourteen days from the date when the sent back good(s) arrived. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment. If the good(s) have a loss of quality (e.g. broken parts, smells, other sorts of dirt) compared to when SXRW originally sent them out to the customer SXRW will neither accept the cancellation or reimburse the purchasing price to the customer. Rather SXRW will send the customer an according claim for compensation.
4.4 The right of revocation expires in accordance with Para. 356 Sub. 5 German Civil Cide (BGB) in all cases where a contract for the delivery of digital content not on a physical medium has been concluded even if the company has begun executing the contract after the consumer expressly consented that the company may begin executing the contract before the expiry of the period of revocation and once the customer explicitly confirms his notice that he loses his right of withdrawal from the contract by his consent to begin the execution of the contract.
END OF INSTRUCTION ABOUT YOUR RIGHT OF CANCELLATION
5.1 All purchase of products and services via the homepage takes place against the use of a payment method specified in more detail on the homepage.
5.2 All prices on the homepage are non-binding and can be adapted at any time by SXRW. This includes both the actual price of the articles as well as the VAT valid at the time of the conclusion of the contract. Currently, the homepage is a small business according to Article 19 German Value Added Tax Law (UStG). Invoices to German customers therefore do not include VAT.
5.3 All customers authorize SXRW to use the payment method selected by the customer for each purchase of products or services on the homepage. In addition, the customer agrees that his / her address and bank details (name, address, telephone number, account number, bank code) as well as his / her other payment data (in particular credit card data) may be forwarded to third parties for the purpose of processing the transaction and to ensure the handling of the transactions.
5.4 If the collection of due payments is not possible and this is based on reasons which are solely the responsibility of the customer, the customer shall be in default of payment without a warning being required. This may result in any re-charging charges and other charges and expenses which will be borne by the customer.
5.5 If orders are paid via the SEPA direct debiting system, the customer will receive a pre-information form for the load receipt. The pre-notification period is reduced to 5 days before the respective due date (or 2 days for recurring payments). In the case of so-called COR1 direct debits, the pre-notification period for customers from the countries where this form of direct debit is offered is shortened to 1 or 2 days.
5.6 All customer guarantee to ensure that their bank account covers the price of the product / services purchased with SXRW. Costs incurred as a result of non-payment or rebooking of the direct debit shall be borne by the customer as long as the non-payment or the repayment was not caused by SXRW.
5.7 Depending on the country of issuance of the credit card used for the payment, conversion fees may be charged.
6. Moods of sale
6.1 Protected contents (galleries / movies) can only be accessed by purchasing a membership (see further below). It’s not possible to purchase single galleries or movies.
6.2. Each membership paid via credit card has a recurring nature, meaning members will be re-billed on a monthly basis if they don’t cancel their membership.
6.3 Memberships can be cancelled without the need of justification via the personal membership area at any time and will have immediate effect. The member will continue to have access to protected contents corresponding his membership level (see further below) until his membership’s expiration date is reached. From then on the member won’t have access to protected contents anymore. Upon cancellation we don’t offer any reimbursements of already paid membership fees.
6.4 We offer different membership levels on this website. It works with so-called content-dripping meaning that not all the protected contents are available to every member right after purchasing a membership. Depending on the different membership levels some protected contents will only be displayed with a certain delay – this affects already existing contents as well as updates taking place during the time of membership. Depending on the membership level certain updates won’t be visible to a certain membership level. See below for the detailed conditions:
6.4.1 People can purchase three different membership levels: Sneak Preview, Getting Dirty and Rainwear Heaven – resulting e.g. in different sets of galleries available after purchase (see below).
6.4.2 In addition to the points above the following membership conditions apply to Sneak Preview: Access to galleries and all gallery updates added during the membership period containing clean and dry clothes (no galleries with wet and messy rainwear / no galleries showing bikinis, bras or topless-worn rainwear / no movies) / automatic upgrade to Getting Dirty after 1 month at no additional costs
6.4.3 In addition to the points above the following membership conditions apply to Getting Dirty: Access to all galleries and updates of Sneak Preview / access to galleries and all gallery updates added during the membership period containing wet and messy rainwear (no galleries showing bikinis, bras or topless-worn rainwear / no movies) / automatic upgrade to Rainwear Heaven after 1 month at no additional costs
6.4.4 In addition to the points above the following membership conditions apply to Rainwear Heaven: Access to all galleries and updates of Getting Dirty / access to galleries and all gallery updates added during the membership period containing bikinis, bras and topless-worn rainwear / access to all movies in full-length
6.5 Free Membership
6.5.1 In addition to the options of membership already mentioned in the preceeding paragraphs of 6., SXRW is free to create and assign free membership right to individual customers.
6.5.2 In this context, SXRW is free to define the modalities of such a free membership, in particular SXRW is free to determine under which conditions (e.g. membership class / level) and for which period free membership right might be granted.
6.5.3 No customer can claim an entitlement to a free membership by law.
6.6 Gallery and/or movie updates will be provided at least twice a month. Members of Sneak Preview and Getting Dirty accept that possibly not each update will be visible for them (according to the details of 6.4).
6.7 Memberships can be purchased without credit card as well – then they need to be paid either by PayPal or wire transfer (both to the corresponding SXRW accounts as stated on the website).
6.7.1 Once a membership request in the sense of 6.7 is sent to SXRW, we’ll generate an invoice covering the total amount of the desired membership level and membership runtime to the e-mail address provided in the request. The invoice will be created as fast as possible within a time frame of 14 days.
6.7.2 The membership requestor needs to pay the issued amount within 7 days after receiving the invoice. After that time the invoice becomes obsolete and a new request must be issued in case the requestor is still interested in a membership.
6.7.3 Once SXRW receives the payment a member account will be created for the requestor as fast as possible within 14 days. The membership begins when the member account has been created and the credentials have been sent to the requestor. The credentials (username and initial password) will be sent to the e-mail-address provided with the membership request. The initial password can be changed by the user himself after the first login.
6.7.4 The requestor will have access to SXRW’s member media for the requested time frame. Once this time is over, his membership will automatically be cancelled without further notice.
6.7.5 Memberships can be extended – the requestor has to send the amount of additionally required months to [email protected] at least 14 days before his membership ends. It is possible to delete a member account before the membership is over in case the requestor wishes SXRW to do that (again this has to be sent to SXRW via e-mail to [email protected]). In this case however SXRW won’t reimburse any payments made.
7. Individual Productions
7.1 If SXRW for whatever reason (see following paragraphs of this chapter 7) can’t realize or declines an individual production SXRW will refund any payments made to the full extent to the requestor. Due to dependencies on external payment processors SXRW promises to refund the affected payment(s) until six weeks after stating that we can’t or won’t realize an individual production. This statement applies to all refund scenarios described in this chapter.
7.2 Requesting an individual production the requestors have to pay the full amount in advance – this is a security to SXRW that we can invest the required amount of time to organize and produce everything. After receiving the request SXRW will send an invoice to the requestor (to the e-mail address the requestor has entered in his order or that he has defined in his profile). Payments need to be made within 7 days of receiving the invoice, otherwise SXRW will cancel the request. Payments are accepted via credit card, wire transfer or PayPal. Once SXRW has received the payment it will queue (according to 7.4) and produce (according to 7) the requested media.
7.3 We only produce individual productions that aren’t morally reprehensible according to 9.1 (a) of these terms & conditions (this includes any kind of porn productions). SXRW will decline all requests violating these conventions and refund the money to the requestor according to 7.1.
7.4 SXRW will process all individual production requests as fast as possible using the FIFO principle (“first in, first out” – meaning the first request will be produced first, followed by the second, the third, etc. request). Requestors don’t have the right to ask SXRW to process their requests first and overtake other requests queued in a chronological order. If requests aren’t produced (i.e. no resulting gallery or movie) until six months after request the requestor has the right to get his payment refunded according to 7.1. If he wants to cancel his request and get a refund he has to confirm this via E-mail to [email protected] sending the request from the E-mail address specified in his profile.
7.5. Individual productions may get delayed…
- …due to SXRW’s availability. Reasons for the delays can be vacation, illness or peaks of individual productions that can’t be served all at a time.
- …due to a model’s availability. Reasons for the delays can be vacation, illness, a shooting break or a full shooting calendar.
- …because of a request’s character and unsuitable environmental conditions. E.g. SXRW can’t produce swimming scenes in a pond during winter when it’s freezing cold. We’ll only realize productions in accordance to the time of year and normal habits (e.g. outside swimming in summer and not in winter).
The requestor accepts the possibility of these delays when purchasing an individual production and can’t assert any financial claims to SXRW resulting from the aforementioned circumstances. In case of delays exceeding six months they’ve got the rights described in 7.4.
7.6 Individual productions may be impossible…
- …due to a model’s decision. Reasons can be that the model doesn’t shoot with SXRW anymore, that she’s not available for the requested topic or that she’s changed her look. SXRW doesn’t have any influence on and respects each model’s individual decisions.
- …because a requested clothing item has been lost or destroyed in the meantime and thus can’t be used anymore.
- …because neither SXRW nor one of our models possesses the requested clothing item(s).
- …because of the nature of a shooting and choosen location – we won’t do any messy production in public outdoor locations.
- …because of the nature of a shooting and time of year – we won’t do any wet and/or muddy scenes outdoor during Fall and Winter, maybe even Spring. SXRW will decide if it’s feasible or not on a case-to-case-basis.
The requestor accepts the possibility that requested individual productions may be impossible to produce because of the aforementioned circumstances and can’t assert any financial claims to SXRW resulting from this. To limit the possibility of an impossible individual production SXRW only offers shootings with models that are currently contracted by SXRW. I.e. not all models shown in this website’s galleries or movies are contracted at any time meaning that not all of these models are available for individual productions. The requestor accepts that limitation.
7.7 In case of individual productions not being possible according to 7.6 SXRW will inform the requestor via E-mail to the mail address specified in his member profile as soon as the circumstances described in 7.6 become evident. In this E-mail SXRW will offer another alternative for the requested individual production at identical pricing conditions like the original request. From the point in time of receiving this E-mail the requestor has ten days of time to decide whether or not to accept the alternative offer sending an E-mail to [email protected] If SXRW doesn’t receive any feedback within ten days or if SXRW receives a positive feedback SXRW will produce the requested individual production with the proposed alternative. Otherwise SXRW will cancel the request and grant a refund to the requestor according to 7.1.
7.8 In case a requestors asks SXRW to use a clothing item that’s not in possession of SXRW or one of their models SXRW offers to buy the requested item(s) on behalf of the requestor. All items will be purchased in size S-M (EU34 to EU38), shoes in size German 39 or German 40. In this case the requestor will have to pay the item in advance transferring the money to SXRW (possible ways of money transfer will be checked bilaterally). SXRW will then buy the item, present the invoice as proof to the requestor (as E-mail to mail address specified in his profile) that the amount paid by him has really been spent by SXRW and put the according amount on the requestor’s invoice. After completing the production SXRW will either send the purchased clothing item(s) to the requestor or keep them in case the requestor donates the clothes to SXRW. In the latter case the clothes become part of SXRW’s property. Upon requesting an individual production the requestor can decide whether or not to donate any additionally purchased clothes according to this paragraph.
7.9 As part of our individual productions offers requestors can send own clothes that we’ll include in the requested production. Furthermore the following rules apply:
- SXRW will handle all clothes provided with care and clean them after the production if required. However SXRW doesn’t take over any liability for clothes of the aforementioned kind becoming dirty or getting destroyed during the course of the individual production. The requestor accepts this risk and can’t assert any financial claims to SXRW resulting from this.
- If requestors want us to include clothes into their individual production they can send it to SXRW taking over the shipping costs using the following address:
- At the latest four weeks after all requests have been produced SXRW will send the clothes back to the requestor taking over any occurring shipment costs.
7.10 SXRW strives to produce all individual requests in the best possible way and quality. However due to the artistic nature of photo or clip shootings SXRW can’t ensure that the produced results correspond to the requestor’s expectations to 100%. The requestor is aware of that and accepts any deviations of the produced media from his expectations. Furthermore SXRW offers variable ranges of pictures per gallery or movie lengths (so-called S, M, L, XL productions). All pictures will be provided in a resolution of 4500 x 3000 pixels and formatted as jpg, movies will be provided in full-HD resolution including sound, formatted as mp4. Due to the nature of artistic productions SXRW can’t ensure that in each production the same number of pictures or the same length of a movie fulfills the quality standards – therefore the final medias’ sizes / lengths might vary as described before. Requestors don’t have a right to obtain the highest amount of pictures or the longest movie according to their purchased individual production – the requestor accepts media as being delivered completely when the result lies within the aforementioned ranges. SXRW optimizes all produced media for digital use. A requestor can’t ask SXRW to digitally enhance a produced individual production any further once delivered.
7.11 An individual production is regarded as completed when the requested elements according to the written individual production request have been captured in either the resulting pictures and/or movie(s). The requestor can’t influence the number of pictures or the length of movie(s) produced according to 7.10.
7.12 If an individual production corresponding to the explanations in 7.10 and 7.11 doesn’t match the requestor’s taste SXRW won’t reimburse any payments made.
7.13 The prices shown on the individual production request forms (1x website members, 1x non-members) are net-prices, VAT will be added according to European Law. Depending on the chosen production size (S, M, L, XL), the topic (dry & clean, wet, muddy, messy) and/or the location (indoor, outdoor) additional costs as outlined on each individual production request form apply and will be added to the production’s basic net price. Explicitly for messy productions the messy substances that need to be acquired will be put onto the invoice by SXRW and need to be additionally paid by the requestor.
7.14 SXRW offers to produce media based on individual scripts so that the requestor becomes the media’s director by defining by himself the scenes that should be produced. The requestor can determine the scenes (what the model should be doing), the clothes (what the model should be wearing), the topic or combinations of topics (e.g. dry and wet and messy) and arrange them in an order he would like to have them pictured or filmed. The provided script(s) must not contradict the choices made according to 7.13. If according to a provided script the production should contain more aspects (e.g. getting wet and muddy) than chosen on the individual production request form (e.g. dry & clean only) these additional options will be charged to the requester. Alternatively the script will have to be reduced in a way that it corresponds to the chosen options and there’s no contradiction anymore. SXRW alone decides whether or not there’s a contradiction. One scene can be defined per media item, additional scenes require additionally purchased items. Also in this context the rules of 7.3 apply.
7.15 Individual Productions for website members are offered 20% cheaper than productions for non-members. That discount won’t be granted to non-website-members at any time.
7.16 All produced media is provided via SXRW’s Dropbox account, i.e. requestors need an Internet connection to download their ordered media. Media is only offered for download and not on any physical devices (such as DVDs or similar). The average image size is, the average size of a picture is 2 MB, one minute movie on average has a size of 150 MB.
If for whatever reason the requestor isn’t able to download the produced media SXRW offers to put the media on an accordingly-sized USB stick and send it via letter. The requestor takes over the costs of the USB stick, its shipping fees to SXRW and the shipping fees from SXRW to the requestor. An additional invoice for these items will be issued by SXRW. In case the requestor refuses payment SXRW will neither provide the media on other channels then the aforementioned digital ones nor reimburse any payments made by the requestor for the individual production.
7.17 The intellectual property rights of all produced media stays exclusively at SXRW and the requestors are allowed to use their individual productions’ results as outlined in chapter 12. This applies to all media produced in individual shootings (be it picture galleries or movies).
8. Download Galleries
8.1 All other chapters of these terms & conditions will apply in this chapter as well (except for 6. Moods of sale and 7. Individual Productions).
8.2 Purchased images must only be used privately (cp. chapter 12 for details on intellectual property rights). Downloads links must not be shared with 3rd parties and have to be kept privately.
8.3 The customer purchases the gallery/ies based upon the information available in each download gallery’s description. These description don’t include full previews of each gallery’s image but only a choice of images (usually four in a resolution of 400 x 600 pixels) that are part of that specific gallery. If after downloading the gallery the customer isn’t satisfied with the gallery’s image SXRW won’t reimburse and payments.
8.4 Purchasing download galleries is independent from SXRW memberships (cp. chapter 6). A customer purchasing a gallery doesn’t have a right to become website member by simply performing this purchase. See chapter 6 for details on SXRW memberships.
8.5 After payment has been confirmed SXRW will provide a download link on the purchase confirmation page. This download link can only be used once and becomes invalid afterwards. In case an additional download might be required the customer is obliged to send an e-mail to [email protected] in order to explain why an additional download is required. SXRW alone will then decide whether or not to provide a second download occassion.
8.5.1 All download galleries are provided as zip files containing jpg images. In order to view the downloaded images the customer needs a software to extract zip files and a software to view jpg files on his download device. It’s the customer’s responsibility to take care of this – SXRW doesn’t provide this software.
8.5.2 Upon downloading the customer has to make sure that enough space is available on his device.
8.5.3 All purchased galleries are available for download only and can’t be viewed online on the SXRW website.
8.6 Each download gallery contains the number of images as mentioned in each download’s description. Each jpg images has an approximate size of 2-3 MB and generally a resolution of 4500 x 3000 pixels. Due to trimming reasons some images can be smaller than this resolution.
8.7 In the purchase receipt mailed to each customer we offer a link to review the download and to publish that review on the SXRW website. SXRW reserves itself the right to delete any review without prior notice or justification.
9. Customers`s Code of Conduct
9.1 Customers will not publish content on the homepage which is:
(a) threatening, defamatory, subversive, xenophobe, discriminating, offensive, obnoxious, blasphemous, in violation data protection law or in any way covered by criminal law in the jurisdiction of the customer.
(b) for which the customer does not possess all necessary licences.
(c) is in violation of third parties’ copyrights.
(d) regarded as advertisement for another homepage.
(e) engaging or encouraging others in conduct with is regarded as criminal or in breach of any law or statute or third parties’ rights around the globe.
9.2 Customers will not engage in unsolicited advertisement on the homepage or engage in activities which are meant to circumvent SXRW as an intermediary.
9.3 SXRW might be legally obliged to cooperated with law enforcement agencies in order to identify customers in break of their obligations as stated in Para. 9.1.
9.4 SXRW will warn (via e-mail to the e-mail address provided upon registration) any costumers violating our code of conduct (see 9.1 and 9.2) if this occurs for the first time.If the warned user continues to violate or code of conduct (see 9.1 and 9.2) after having been warned by SXRW we’ll lock him – meaning that from the time of locking (that can be chosen freely by SXRW without prior notice) the customer won’t have access to his membership contents anymore. The customer’s membership will automatically be terminated at the next possible date. In this case SXRW won’t reimburse any payments that have already been made.
10.1 We undertake to ensure the use of the Internet platform twenty-four hours a day, seven days a week. For reason beyond the control of SXRW access to the Internet platform may be temporarily suspended without notice due to system errors, maintenance or repair work.
10.2 SXRW guarantees neither the fault-freeness nor the completeness of the contents provided on the homepage. SXRW is free to change the content on the homepage at any time without prior notice.
10.3 The content on the Internet platform is provided “as it is”, without warranties or other conditions.
11. Data Protection
11.1 In terms of data protection we would like to draw your attention to the data protection statement available on our homepage (click here). SXRW collects, processes and stores the data required for the provision and billing of services.
11.2 The collection, storage, alteration or use of personal data for the purpose of transmission, in particular with regard to advertising, the activity of credit bureaus or the address trading serves according to Article 29 (1) (1) of the Federal Data Protection Act (BDSG) shall always be admissible if there is no reason to assume that the customer has a legitimate interest in the exclusion of the collection, storage or modification.
11.3 SXRW is entitled to obtain information about the customer from relevant protection association for general credit insurance (Schufa) as well as from other economic agencies and credit guarantee companies. Customers agree that SXRW is free to notify the above mentioned companies and agencies of any non-contractual behavior by the customer (for example, credit card withdrawal due to improper use by the Cardholder, incurring back-up charges for uncontested claims, enforcement measures, etc.). Such notices may only be made in accordance with valid data protection laws insofar as this is necessary for a legitimate interests of SXRW to be exercised and no legitimate interests of the customer to be affected.
11.4 In accordance with the statutory permission of Article 7 (3) UWG, SXRW is entitled to use the e-mail address given by the customer when registering for a service of SXRW for direct advertising for its own services similar to those already enjoyed by the customer. A disclosure of the e-mail address to third parties does not take place.
11.5 In the event that the customer does not wish to receive any direct advertising or use of his data by SXRW, he may at any time object to the use of his data in writing or by e-mail to the e-mail address stated in our homepages’ imprint.
11.6 If the customer objects to the processing or use of his data for the purposes of advertising or market or opinion research, processing or use of his personal data is inadmissible in accordance with Article 28 (4) of the Federal Data Protection Act (BDSG).
11.7 Our homepage links corresponding accounts of SXRW to Facebook, Instagram and YouTube. Customers are required to read the privacy policies of these platforms before using the linked profiles.
12. Intellectual property rights
12.1 All texts, pictures, graphics, sound, video or other pictorial representations and their arrangement on the internet platform are protected by law (Copyright © 2019 SXRW, all rights reserved).
12.2 The contents of the homepage as well as results of indivudal productions possibly not published on the homepage may not be copied, distributed, modified or made available to third parties without the express written consent of SXRW for commercial or non-commercial purposes. A commercial or non-commercial distribution is prohibited. The customer will use all photographs and pictures as well as videos exclusively for himself. In the case of commercial use without the written permission of SXRW, the customer will be liable to pay a penalty payment to SXRW. The amount of the penalty is determined by the severity, extent and seriousness of the offense committed. Any infringement will be referred to the by civil and criminal law authorities.
12.3 In some cases, some images reproduced on the internet platform are subject to the copyright of third parties. The customer agrees to observe these also and not to violate them.
13.1 SXRW and its affiliates shall not be liable to customers for any special, incidental, direct, indirect, consequential or consequential damages of any kind whatsoever arising out of the loss of use, data or profits opportunities which could arise due to or in connection with the use of the homepage.
13.2 We and our affiliates shall be liable to the customer in all cases of contractual and extra-contractual liabilities for intent or gross negligence.
13.3 SXRW is also liable for the slight negligent violation of essential contractual obligations. These are obligations whose infringement jeopardizes the attainment of the purpose of the contract or whose fulfillment makes the proper implementation of the contract possible and which are regularly expected to be met. In such a case, however, SXRW shall only be liable for the foreseeable, contract-type damage. SXRW shall not be liable for the slight negligent violation of obligations other than those specified in the preceding sentences.
14. Subject to Change
14.1 We may change this terms and conditions anytime at our own discretion by publishing an updated version of this Terms & Conditions onto our homepage.
14.2 All customers will be notified within thirty (30) days of changes to this terms and conditions. They will further be notified that continuing to use this homepage constitutes approval of said changes.
14.3 If any above-mentioned changes proof inacceptable to a customer we kindly ask the customer to delete his account or to refrain from using our services. Continuing to use this homepage indicates approval of said changes and will be deemed sufficient.
15.1 Only a customer shall be entitled to enforce these terms and conditions. No third party shall be entitled to enforce any of these terms and conditions.
15.2 These terms and conditions are the sole contract in force between a customer and SXRW in connection with the homepage and the services provided by that said homepage. These terms and conditions replace all other agreements in force up to date.
15.3 Changes to this contract require the written form. This also applies to a change in the written form requirement itself.
15.4 Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining contractual agreements. Instead of the ineffective contractual agreement, the content stipulated by law and the will of the parties will take effect.
16.1 All agreement and their terms shall be construed according to German law. The laws of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) As far as legally permissible, the sole place of jurisdiction for all disputes in connection with any contract or agreement shall be Munich / Germany.
16.2 Consumers who are habitually resident abroad may, irrespective of the specific choice of law, always rely on the compulsory consumer protection law of the country in which they are habitually resident.
16.3 The European Commission offers consumers a means to resolve disputes between consumers and companies arising from the use of the internet for shopping purposes. Please visit http://ec.euopa.eu/consumers/odr/ to find out more and to take advantage of this offer.
16.4 SXRW hereby declares in accordance with the German Law on Alternative Dispute Resolution in Consumer Cases (VSBG) that SXRW in principle is not taking part in any Alternative Dispute Resolution in Consumer Cases, nor is SXRW currently to take part in any actual Alternative Dispute Resolution in Consumer Cases.
17. Sale of clothes
17.1 All clothes sold on this website are sold as described and are in a used condition including typical signs of wear. The buyer of clothes sold by SXRW accepts these signs of wear as part of such clothes and can’t assert any claims from that against SXRW.
17.2 SXRW ships all clothes with DHL as standard shipments globally. SXRW isn’t liable for any delays or losses caused by DHL or other companies involved in the shipment of clothes to the customers.
17.3 SXRW only ships the clothes when the customer has completely payed the purchased clothes and shipping cost.
17.4 One piece of clothes up to a price of 40 EUR (including shipping costs) is free for each “Rainwear Heaven” member. According discount codes available in the member’s section (existing members) and additionally sent in the welcome mails respectively (new members of this kind) can be used to receive this gratification. This only applies to customers who at the time of purchasing are active “Rainwear Heaven” members. Each discount code can be used once per customer.
17.5 SXRW sells the clothes on a “first come, first serve” basis. Even though we strive to keep everything up to date it might happen that clothes shown as “available” are already out of stock. In this case we’ll inform the customer and reimburse any payments that possibly have been made at no additional cost and with via the payment method used by the customer. The customer can’t force SXRW to send him clothes marked as “available” and can’t assert any claims from that against SXRW.
Last updated: June 2020