Customer-provided designs, logos and content
The customer is responsible for all logos, trademarks, company or club names, graphics, designs, text and other content submitted for the personalisation of products.
By submitting such content, the customer confirms and warrants that they own all rights necessary for the intended use or have obtained all required licences, consents and permissions from the respective rights holders.
The customer must not submit any content whose use infringes copyright, trademark rights, design rights, personality rights or any other third-party rights.
FIGHTMODE is not obliged to verify the content submitted by the customer for existing third-party rights or to verify whether the customer is authorised to use such content.
To the extent permitted by applicable law, the customer shall be responsible for third-party claims resulting from infringements caused by content supplied by the customer.
1. Scope and the FIGHTMODE product configurator
These provisions apply in addition to products that are designed through the FIGHTMODE product configurator according to the customer's individual specifications and are then manufactured specifically for that customer.
In particular, the product configurator allows the customer:
- to upload existing logos, graphics and image files and place them on the selected product
- to adjust the size and position of the uploaded elements within the design options provided
- to create and position their own texts and lettering directly in the configurator
to select available colours and design options, and
to assemble the individual design of the product.
No new logos or brands are created for the customer through the configurator. Logos, sponsor logos, company, club, team or gym logos and other graphics are provided by the customer as existing content.
Unless these supplementary provisions contain differing rules, the general terms and conditions of FIGHTMODE apply in all other respects.
2. Customer content and third-party rights
The customer is responsible for the content they upload or enter. By using such content, the customer confirms that they hold the rights, licences, consents or permissions required for the requested product personalisation.
This applies in particular to logos and signs of sponsors, companies, brands, clubs, teams and gyms, as well as to images, graphics, names, lettering and other third-party content.
The customer must not use any content whose use infringes copyright, trade mark rights, design rights, name rights, personality rights or other third-party rights, or which violates applicable law.
As a rule, FIGHTMODE is not obliged to check the content provided by the customer for existing third-party rights or for the customer's entitlement to use it.
Where there are specific indications of an infringement, however, FIGHTMODE may request proof of entitlement to use the content concerned, or refuse its use or the performance of the order in question.
If third parties assert rights against FIGHTMODE because of content provided by the customer, the customer is obliged to support FIGHTMODE appropriately in clarifying the matter and to provide any evidence of their right of use available to them.
Responsibility is otherwise governed by statutory provisions.
3. Rights of use for performing the order
The customer grants FIGHTMODE the rights of use in the content they provide that are necessary to perform their order.
In particular, FIGHTMODE is entitled, to the extent necessary to perform the order:
- to store the content
- to reproduce it
- to scale and position it
- to prepare it technically
- to convert it into suitable file formats
to adapt it for the respective production process, and
to use it to manufacture the products ordered.
Where external production, IT or other service providers are used for manufacturing or order processing, the content required for this may be transmitted to those service providers to the extent necessary.
The grant of rights is limited to processing the configuration, preparing production, manufacturing and completing the order and, where applicable, to repeat orders requested by the customer.
FIGHTMODE does not thereby acquire any rights of its own going beyond this in the logos, brands, graphics or other protected content uploaded by the customer.
4. Impermissible content and refusal of orders
FIGHTMODE reserves the right to refuse content or personalisation orders where there are specific indications that they violate applicable law or infringe third-party rights.
This applies in particular to manifestly unlawful, insulting, discriminatory, inhumane, hate-inciting, violence-glorifying or comparably impermissible content.
Where there is reasonable doubt, FIGHTMODE may request further information or suitable proof of entitlement to use a piece of content before production begins.
5. Technical processing and presentation in the configurator
FIGHTMODE is entitled to make technically necessary adjustments to the files provided by the customer, to the extent required to manufacture the individually configured product. This may include in particular scaling, file format conversion, cut-outs, technical colour adjustments and adaptations to cutting, printing or production areas.
Due to differences between displays and colour settings, as well as production-related factors such as material, product size, cut and production process, the product actually manufactured may deviate slightly from the graphical presentation in the configurator and shopping cart. This may relate in particular to colour reproduction and to technically necessary minor adjustments to proportions and positioning.
Such minor deviations required for technical or production reasons do not constitute a defect, provided they are customary in the industry and reasonable for the customer. Statutory warranty rights remain unaffected.
6. Quality of uploaded files
The customer is responsible for providing files in a quality suitable for the requested product personalisation.
In particular, low resolution, blurred source files, heavy compression or other quality defects in the file provided may affect the later production result.
If FIGHTMODE identifies a significant quality problem before production begins, the customer may be informed of it and asked to provide a more suitable file.
If, despite such a notice, the customer expressly requests the use of the original file, resulting quality deviations that are based on the source file may be taken into account when assessing the personalised product, to the extent permitted by law.
7. Checking the configuration before ordering
Before completing the order, the customer is shown a graphical preview of their individual configuration in the shopping cart.
The customer is obliged to check the details and design decisions they have made carefully before placing the order. This concerns in particular the logos and graphics used, names, numbers and lettering, spelling, selected colours, sizes and quantities as well as the desired positioning and size of the design elements.
By placing the order, the customer confirms that the configuration shown in the preview corresponds to their specifications as regards their own details and design decisions.
The product is then manufactured on the basis of this configuration. There is no separate production approval step.
8. Changes and cancellations after ordering
As personalised products are manufactured specifically according to the customer's specifications, changes to an order already placed are generally only possible as long as production has not yet begun and the requested change can still be implemented technically and organisationally.
Requests for changes must therefore be communicated to FIGHTMODE without delay after the order has been placed.
There is no entitlement to a subsequent change to an order already placed.
Where FIGHTMODE agrees to a change and additional costs arise as a result, the customer will be informed of this before the change is implemented.
Once production has begun, changes to the individual configuration are no longer possible.
9. Right of withdrawal for personalised products
Products ordered through the FIGHTMODE product configurator are designed individually according to the customer's specifications and manufactured specifically for that customer.
For contracts concerning goods that 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, there is no statutory right of withdrawal pursuant to Section 312g(2)(1) of the German Civil Code (BGB).
This applies to products personalised accordingly through the FIGHTMODE product configurator, in particular where they are manufactured according to the customer's specifications with individual logos, graphics, names, numbers, lettering, colour combinations or other individual design features.
After the order has been placed bindingly, the customer therefore has no right to withdraw from the order or to cancel it without legal grounds.
FIGHTMODE may agree to a cancellation on a voluntary basis as long as production has not yet begun. The customer has no entitlement to this.
The customer's statutory rights in the event of defective goods or other breaches of duty by FIGHTMODE remain unaffected.
10. Defects and incorrect customer specifications
The statutory warranty rights apply to defects in personalised products.
The personalisation of a product does not exclude the customer's statutory rights in respect of defects.
However, where a product has been manufactured in accordance with an incorrect specification by the customer, that specification alone does not generally constitute a product defect caused by FIGHTMODE.
This may relate in particular to:
- spelling mistakes caused by the customer
- incorrectly entered names or numbers
incorrectly selected design elements, or
quality impairments resulting directly from an unsuitable source file provided by the customer.
This applies only to the extent that FIGHTMODE did not itself cause the error concerned and no other statutory responsibility exists.
11. Storage of designs and repeat orders
Where FIGHTMODE offers the option of saving product configurations already created for later repeat orders, the configuration and design data required for this may be stored in accordance with the privacy policy.
This allows a design already created to be used again for a later order.
There is only an entitlement to unlimited storage or permanent availability of a design where this has been expressly agreed.
The data protection details concerning the storage of configurations and uploaded files are set out in the FIGHTMODE privacy policy.
12. Relationship to the general FIGHTMODE terms and conditions
These provisions supplement the general terms and conditions of FIGHTMODE for products that are personalised through the FIGHTMODE product configurator or otherwise manufactured according to customer specifications.
Where these supplementary provisions contain more specific rules for personalised products, those rules take precedence over the general provisions to the extent permitted by law.
In all other respects, the general terms and conditions of FIGHTMODE apply.