1. Scope of application
These terms & conditions apply to any visit and use of the website https://www.directory4fashion.de operated by directory4fashion well as the product provided and digital service offered to you on or through this website. directory4fashion, having its registered office at Am Born 23, 22765 Hamburg, Germany.
These terms & conditions govern the relationship between manufacturers and directory4fashion. Access to and use of the website and the services available through the website are subject to these terms & conditions. These terms & conditions apply to the manufacturers and other users of the website.
2. Liability
directory4fashion is an online platform solely facilitating to get in contact with clothing manufacturers (and thus operates as an online middleman). Against that background, directory4fashion shall not be held liable by manufacturers or other users of the website regarding the purchase, shipping, quality, legality and accuracy of the offered fashion products, services and content. At no point in the transaction regarding the purchase of offered fashion products, directory4fashion shall be the owner of such fashion products. directory4fashion shall also not be held liable by manufacturers or other users of the website regarding the information, content, accessibility, functionality and accuracy of the website. The user may only use the network-based online portal directory4fashion if they accept these terms and conditions of use.
3. Registration, participation and membership
Before being able to use directory4fashion, the manufacturer must register and their details must be checked by directory4fashion. After successful registration, the manufacturer becomes a member of the community.
directory4fashion will use the information the user provides to be in touch and to provide updates on our activities.
directory4fashion uses Mailchimp and Intercom for marketing automation. By using the directory4fashion website, the user acknowledges that their e-mail address and full name will be transferred to directory4fashion’s secure Mailchimp account and Intercom account for processing in accordance with their Privacy Policy.
There is no automatic right to membership. The user may not allow third parties to access or use their account.
The user is obliged to keep their login details confidential and to protect them against access by third parties.
Throughout the usage period, the user must provide all personal details required by directory4fashion truthfully and in full and keep them up to date.
After access has been activated, the user is entitled to use the application. The user has no automatic right to unrestricted use of the application.
Upon activation of access the user agrees to being automatically signed up to receive e-mail notifications about inquiries on the website and subscribed to the directory4fashion Mailing List – both of which can be unsubscribed at any time by the user.
The user must inform directory4fashion immediately if they have reason to believe that a third party is using their account. In such a case, the user must request a new password immediately.
4. Description of service
directory4fashion enables textile and clothing manufacturers to create projects and submit project requests to clothing businesses, designers and brands. The user then has the right to accept or decline the request and begin sharing further details and negotiate prices and deadlines. Each manufacturer is given the opportunity to create their own profile and to upload a company logo. Users can store contacts, send and receive messages, send enquiries, and use the platform for marketing purposes.
The enquirer alone decides which provider to conclude a fashion manufacturing contract with. directory4fashion has no influence over the conclusion of the contract. After receiving the details, the providers themselves must contact the enquirer with regard to concluding the desired contract.
directory4fashion offers the provider no guarantees regarding the frequency or number of enquiries.
directory4fashion does not guarantee that the provided content will be correct, complete, reliable, up-to-date or usable.
directory4fashionen devours to avoid interruptions to its service but assumes no service obligations beyond that. The user has no right to constant availability. Availability may be temporarily interrupted due to maintenance work, technical difficulties or unusually high demand for individual applications.
5. Rights and obligations
The user agrees not to publish any posts, pictures or other content that contravenes public morality or the applicable law. The user agrees in particular not to publish any posts that would constitute a crime or offence if published, violate copyright, trademark or competition law, violate the German Legal Services Act (Rechtsdienstleistungsgesetz), contain insulting, racist, discriminatory or pornographic content, contain advertising.
If the obligation under paragraph 1 is breached, directory4fashion is entitled to change or delete the corresponding post and to withdraw the user’s access rights. The user is obliged to compensate directory4fashionfor loss or damage resulting from any such breach.
directory4fashion has the right to delete posts and content that could constitute an infringement.
6. Transfer of usage rights
The copyright for the published posts remains with the user. However, by publishing their post on directory4fashion, the user grants directory4fashionthe right to make it permanently accessible and publicly available on its website and to also advertise the content outside of directory4fashion.
The user has the right to change or delete posts within their profile.
7. Exclusion of liability
Unless otherwise agreed in the following, the user (both provider and enquirer) has no right to compensation. The aforementioned exclusion of liability also applies in favour of legal representatives and vicarious agents of the provider in the event that the user asserts claims against them.
The exclusion of liability does not apply to claims for damages relating to death, injury or impairment of health nor to claims arising from a breach of essential contractual obligations. Essential contractual obligations are obligations that must be met in order to fulfil the purpose of the contract. Furthermore, the exclusion of liability does not include liability for damage or loss relating to an intentional or grossly negligent breach of obligation by the provider, their legal representatives or their vicarious agents.
8. Data protection
The enquirer’s and provider’s data and information will only be used within the context of the reciprocal user relationships and in accordance with the following regulations.
By entering their contact details, assignment data, requirements and enquiry texts, the user expressly agrees to this data being used on the online platform directory4fashion and to the data being sent to potential providers. In addition, enquirers agree to the contact details that they have entered being passed on to providers for the purpose of establishing contact. Furthermore, enquirers grant directory4fashion permanent usage rights to enquiry texts for publication on the Internet. The enquirer may delete their mediation assignment at any time without having to provide reasons and thereby also revoke their consent to their contact details being used for this purpose.
Users are made aware that directory4fashion stores data in machine-readable form and processes it in accordance with the purpose intended by the contract.
If the login details are lost or misused, directory4fashion must be informed immediately.
directory4fashion collects, stores and processes personal data in relation to use of the platform, to the extent permitted or required by law. directory4fashion will treat personal data confidentially and in accordance with the provisions of the applicable data protection laws. Furthermore, directory4fashion agrees not to pass this data to third parties, unless this is necessary in order to perform the service or to exercise any rights and obligations in relation to use of the platform.
By providing their data and accepting these terms and conditions of use, the user provides their consent for directory4fashion to pass their personal data to third parties for the purpose of the editorial placement of assignments.
9. Termination of membership
The user may terminate their membership without notice by issuing a corresponding statement to the provider.
directory4fashion has the right to cancel a user’s membership with effect from the end of a month by providing four weeks‘ notice.
Where a just and legitimate cause exists, directory4fashionis entitled to immediately withdraw the user’s access rights and to terminate their membership without notice.
directory4fashion has the right to withdraw the user’s access rights after the membership has been terminated. If a membership is cancelled, directory4fashionis entitled but not obliged to delete the content created by the user.
10. Applicable law
The contractual relationships between directory4fashion and the user are subject to the laws of the Federal Republic of Germany, with the exception of the mandatory consumer protection legislation in the user’s normal country of residence.
11. Final provisions
directory4fashion reserves the right to change these terms and conditions of use within the bounds of what is reasonable for the user. Changes may become necessary as a result of technical advancements in particular. directory4fashion will inform the user before the changes to the terms and conditions of use come into effect and the user, within four weeks of being notified of the changes, has the right to object to the new terms and conditions of use being applied to their user contract. If the user does not exercise this right, the changed terms and conditions of use will be deemed to have been accepted by the user, provided that directory4fashion’s announcement also makes the user aware of their right to object and the importance of doing so within the objection period.
directory4fashion and the user are obliged to replace any invalid or unenforceable provisions with new and legally valid ones that most closely correspond to the intended meaning and purpose of these terms and conditions of use. The same applies to any gaps or loopholes in these terms and conditions of use.
12. Disclaimer
Use of this website is subject to the following terms and conditions and all applicable laws. By accessing this website, you acknowledge the following terms and conditions without reservation. If the websites have been designed by directory4fashion, then directory4fashion holds all rights to their content, including but not limited to the published texts and pictures and their layout. The rights to all registered brands or logos that are used on this website are held by the respective owners.
This website and the content that is made available, including but not limited to graphical elements, sound, images, HTML source code, interfaces and text, may not be copied, reproduced, reissued, published online, disclosed, transmitted or shared without prior written permission.
Hyperlinks on this website may lead to other websites that are not operated by directory4fashion. directory4fashion expressly declares that the corresponding pages did not contain any illegal or illicit content or offers at the time of publishing the link. Likewise, the operator has no influence over the current or future design or over the layout of the content on the linked pages. directory4fashion therefore expressly distances itself from all content on the linked websites that has been changed since publishing the link.