General Terms & Conditions For The Use Of MOCHNI Services
The contract is concluded with MOCHNI (hereinafter also referred to as “MOCHNI”), Dorfgrund 2a, 22397 Hamburg, Germany. Further contact details and the name of a person authorized to represent the sole proprietorship MOCHNI can be found in the imprint. These general terms and conditions of use regulate the service of MOCHNI for the website mochni.com and applications.
These general terms and conditions are valid from November 2, 2020.
By marking the checkbox for the acceptance of the general terms and conditions of MOCHNI you declare your agreement with the validity of these terms and conditions.
1.1. These general terms and conditions of use (GTC) apply exclusively between MOCHNI and the participants (brands) in the database operated by MOCHNI. Conflicting terms and conditions of a participant have no validity.
1.2. MOCHNI operates a database under the domain mochni.com and provides the user with, among other things, data collected through the application form, which can be searched for using the search function provided.
1.3. MOCHNI provides the technical requirements for the transmission of information in the application form of the database. The content of the listing (brand profiles) results from the information that the brand enters in the application form. MOCHNI reproduces this information in the listing accordingly and has no influence on the content of the listing.
2. Description of service
2.1. The service owed by MOCHNI consists of a) providing an application form for fashion, beauty and lifestyle brands, b) checking the information entered via the application form / input mask against the MOCHNI criteria, and c) creating a listing for approved brands and d ) to enable the listing to be called up from the MOCHNI database via the Internet. The brand listing contains the following information: Link to the web shop, link to the Instagram page of the brand, brand name, location of the company, name of the managing director, year of foundation, number of employees, product types, production locations, materials, collection photos, a max. 100 words of text about the brand, and statements on the respective checked eco criteria. Presentation and range of functions may differ depending on the type of access – for example on the website or via mobile phone application.
2.2. The right to use the MOCHNI service and its functions only exists within the framework of the current state of the art.
2.3. MOCHNI reserves the right to temporarily restrict the possibility of requesting and accessing listing if this is necessary with regard to capacity limits, the security or integrity of the server or for the implementation of technical measures and this serves the proper or improved provision of services (maintenance work ). MOCHNI takes into account the legitimate interests of all participants, in particular by providing advance information.
2.4. In particular, for technical reasons, it may temporarily not be possible or only to a limited extent to call up listings (unforeseen system failures).
3. Changes in functionality
3.1. MOCHNI reserves the right to change the functional scope of MOCHNI or the brand listings and their general design or to offer different services, provided this is not unreasonable for the participant in individual cases.
4. Application form and listing requirements
4.1. A listing requires an inquiry via the online application form, in which the participant (brand) must fill out a mask with information about the brand and information about its collection. Only a collection is permitted that meets the MOCHNI criteria, is offered at the point of sale and is aimed at the sale of fashion products.
The details of fashion, beauty and lifestyle products are:
6. Home textiles
4.2. The application is only allowed to legal persons, partnerships and persons with unlimited legal capacity based in the EU, USA, Canada, Australia, UK, Switzerland or China and who must be the managing director of the brand/company. In particular, minors and consumers may not request a listing on MOCHNI.
4.3. The participant is obliged to provide the data requested by MOCHNI with the application form completely, correctly and truthfully. Participants with their registered office in the EU are obliged to truthfully state their VAT ID.
4.4. When filling out the application form, the participant must check which eco criteria the collection meets.
Each fashion brand that wants to be listed on MOCHNI, must apply through the application form to state that the whole product collection meet the criteria of our MOCHNI ETHICAL CRITERIA.
4.5. If certain products or materials are certified, this must be indicated on the application form.
4.6. Each participant must upload at least 1 and a maximum of 5 photos (jpg, jpeg, png) in portrait or landscape format of the collection so that the listing can be illustrated with up to 3 photos, which MOCHNI selects. MOCHNI can determine the design and arrangement of texts and photos or similar visuals. The participant undertakes to upload only those photos to the application form which he may use without restriction and without credits and which are not encumbered with third party rights – in particular not with third party copyrights.
4.7. The information or photos may not violate legal regulations or morality through their formulation, content or presentation and the pursued purpose.
4.8. In principle, it is not permitted to insert references (links) to external websites, other services and information sources in an application form that are not related to the company. Non-activated web addresses (URLs) and parts of them are also considered links.
4.9. Each application form is only valid for one participant with a brand and a collection. Inquiries for several brands using the same form are not permitted. If the participant wants to list several different brands, the participant must fill out an application form for each brand separately.
5.10. By entering the data and sending the corresponding form, the user makes a binding offer to MOCHNI to conclude a contract for the 12-month publication of the listing in the eco alphabet services, for which additional conditions may apply. The process can be cancelled at any time before sending the application form by closing the browser window. The user also has the opportunity to check the content of the designed advertisement before submitting the application form and to correct his data if necessary.
5.11. The participant will receive a copy of the submitted application form by email. Erroneously incorrect information (e.g. typing errors, classification into incorrect categories) must be sent to email@example.com as soon as it is discovered. MOCHNI will then correct these errors immediately.
5.12. MOCHNI can accept the offer to conclude a contract by making a separate declaration to the user or by approving the listing. If MOCHNI accepts the offer, the service contract is concluded. MOCHNI is not obliged to accept contract offers from the user.
5.13. After receipt of the data, MOCHNI checks the transmitted information against the MOCHNI criteria within 10 working days (except Saturday, Sunday and public holidays).
5.13. Notices MOCHNI that information is missing or that the mask has not been filled in correctly by the participant. The participant will be informed by email to give it correctly within 48 hours. If the participant does not submit the missing information by email within 48 hours, this request will be deleted. The participant can then fill out an application form again.
5.14. After complete data transmission, the participant will receive a response via email within 10 working days (except Saturday, Sunday and public holidays) about the admission or rejection.
5.15. In the event of an invoice being sent, this is done exclusively by electronic means.
6. Listing creation and update
6.1. Admitted participants pay a listing-fee. The listing-fee covers the 12 months from the time at which the participant sent the application form. It does not matter on which day the participant sent the application form and when the listing went visible.
6.2. After successful payment, the listing will be created and made visible within 10 working days (except Saturday, Sunday and public holidays).
6.3. The 12-month listing of the participant starts with the creation of the visibility of the listing.
6.4. Participants are obliged to check the information in the listing for correctness and to report errors immediately by sending an email to firstname.lastname@example.org. This means that MOCHNI can correct errors and typos immediately.
6.5. Every participant with a visible listing can extend the listing by filling out and submitting a new application form at least 1 month before the listing expires. If the participant fails to submit the application form by the above-mentioned deadlines, the listing ends automatically with the current listing expiration on the last day of the month and the listing is deleted.
6.6. Admitted participants can request data changes any time by filling out a new application form.
6.7. The terms and conditions are applicable to the use of the MOCHNI service at the time of submitting the application form are decisive for the content of the contract and for the prices.
6.8. A listing can be deleted at any time by sending a request via email to email@example.com. If a listing is deleted, no listing fee already paid will be reimbursed.
6. Payment, VAT
6.1. Payment for listing fees must be made within the EU by SEPA direct debit and by participants from the USA, Canada, Australia, UK, Switzerland, China via PayPal. The PayPal service fee will be charged to the participant.
6.2. The amount of the final amount and due date depends on whether the participant is admitted or rejected. In the event of rejection, no fee is payable. And in the event of admission, a fee will be charged for the 12-month listing. If the participant has a registered office in Germany, plus 16% VAT will be charged. VAT liability rests with the service recipient [EU VAT ID of the recipient] of companies based in the EU and with companies based in countries where the Reverse Charge mechanism – VAT liability rests with the service recipient – is applicable: USA, Canada, UK, Australia, China, Switzerland.
6.3. Accepted invoices and / or payments are non-refundable.
6.4. The payment must be made at the latest 5 days after receipt of the invoice.
7. Deleting listings, blocking, termination and other activities
7.1. MOCHNI can take the following measures if there are concrete indications that a participant violates legal regulations, third party rights or these terms and conditions, or if MOCHNI has another legitimate interest (especially in the event of a delay in payment):
• Deletion of brand listings or other content that has been placed at MOCHNI
• Delay in the publication of content via the MOCHNI service
• Warning of participants
• Restrictions on the use of the MOCHNI service
• Temporary blocking of participants
• Final blocking of participants
When choosing this step, MOCHNI takes into account the legitimate interests of the participant concerned, in particular whether there are indications that the participant was not responsible for the violation.
7.2. MOCHNI can delete listings if the contents or their design violate these terms and conditions (in particular the provisions of Section 4 Nos. 4.1 – 4.9 ) or statutory provisions or violate third party rights. In the event of a deletion by MOCHNI, the participant remains obliged to pay the listing fee.
7.3. MOCHNI can permanently and permanently block a participant from using the MOCHNI service if they repeatedly or particularly seriously violate these terms and conditions or if there is another important reason.
7.4. As soon as a participant has been blocked, this participant may no longer use the MOCHNI service and may not send a request again.
8. Price changes / changes to the terms and conditions
8.1. Price changes are announced by changing the price list available on the Internet, stating the time of the change. The new prices apply to the listings that are newly entered or updated in the database from the change date. A listing existing at the time of the price change expires at the previous conditions.
8.2. MOCHNI reserves the right to change these terms and conditions at any time and without giving reasons. The changed conditions will be announced to the participants before the setting or updating of a listing or booking of chargeable services. The participant must agree to the validity of the new terms and conditions, otherwise no new listing can be placed and no existing listing can be extended. If the participant does not agree to the new terms and conditions, they can have their listing deleted at any time they can have their listing deleted at any time by sending a request via email to firstname.lastname@example.org.
9. Responsibility for content, data and / or information
9.1. MOCHNI assumes no responsibility for the content, data and / or information provided by the brands as well as for content on linked external websites. In particular, MOCHNI does not guarantee that this content is true or serves a specific purpose can serve such a purpose.
9.2. MOCHNI excludes any guarantee and liability that the listings and information meet the legal requirements.
9.3. With regard to data or content that is or was publicly available in accordance with the terms and conditions, the data protection provisions of MOCHNI or the settings of the user and was saved by a third party, MOCHNI has no obligation to prevent such storage by the third party.
9.4. The participant must make sure it has the right to grant V a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise the copyright, publicity, and database rights you have in the photos.
10. PROMOTION CODES
10.1. MOCHNI assumes no liability for accuracy or guarantee. The terms and conditions of the respective brand online store apply.
11. Database topicality, deletion of listing, backup copies
11.1. In order to make the brand search as interesting and successful as possible, MOCHNI endeavors to keep the data up to date. If the data given during registration change, the participant is obliged to inform MOCHNI immediately of these changes with a period of 1 week.
11.2. MOCHNI is authorized to archive stored information that MOCHNI needs for the purpose of preserving evidence, accounting or other purposes on a storage medium that is independent of MOCHNI.
11.3. If MOCHNI is not informed of changes within the period of 1 week, MOCHNI reserves the right to deactivate and delete the listing.
11.4. The participant has to check the correctness of the given data after the first registration and after each change.
12. Limitation of liability
12.1. We cannot be held responsible for any issues incurred due to a technical failure or losses arising from misrepresentation of communications.
12.2. MOCHNI is liable to companies for damage, except in the event of a breach of essential contractual obligations, only if and insofar as MOCHNI, its legal representatives, executives or other vicarious agents act with intent or gross negligence. In the event of a breach of essential contractual obligations, MOCHNI is liable for any culpable behavior on the part of its legal representatives, executives or other vicarious agents.
12.3. MOCHNI is only liable to consumers for intent and gross negligence. In the event of a breach of essential contractual obligations, default of debtor or the impossibility of providing the service for which MOCHNI is responsible, MOCHNI is liable for any culpable behavior of its legal representatives, executives or other vicarious agents.
12.4. Except in cases of intent or gross negligence on the part of legal representatives, executives or other vicarious agents, the amount of MOCHNI’s liability is limited to the damage typically foreseeable at the time the contract was concluded.
13. Copyright and usage rights
13.1. All material contained or published on our website (including but not limited to images, data, text, photographs, programs, graphics and videos) is protected by copyright, trademark and / or other applicable intellectual property rights and remains the exclusive property of the owner of such rights, subject to any licensing or franchise agreements. Any use, reproduction or redistribution of such content without the consent of the owner or the licensee or franchisee is strictly prohibited. The rights of the participant remain unaffected. He can continue to freely dispose of his own data and information.
13.2. We do not take responsibly for any material (including, but not limited to, imagery, data, text, music, sound, photography, graphics or video) that becomes the content of MOCHNIT. It is therefore the responsibility of the participants to ensure that they have obtained the appropriate permissions and consents from the owner and all relevant third parties allowing it to use any relevant material and to permit its dissemination worldwide before submitting or providing material to us.
14. Place of performance, validity of German law, place of jurisdiction
14.1. As far as the participant is an entrepreneur, the usage contract including these terms and conditions in application and interpretation is subject exclusively to the law of the Federal Republic of Germany.
14.2. If the participant is a merchant within the meaning of the Commercial Code, Hamburg is the exclusive place of jurisdiction for all disputes arising from and based on the use of the MOCHNI databases. The same applies if the participant moves his domicile abroad after conclusion of the contract or has no general place of jurisdiction in Germany.
15. Severability clause
If one provision of these terms and conditions is ineffective, the remaining provisions remain unaffected. The ineffective provision is considered to be replaced by one that comes economically as close as possible to the meaning and purpose of the ineffective provision. The same applies to possible regulation gaps.
Prohibited materials and processes at MOCHNI
The MOCHNI ETHICAL CRITERIA and prohibited materials and processes can be found here at a glance:
Hamburg, Germany – November 2, 2020.