General Terms & Conditions For The Use Of The MOCHNI Brand Directory Services
The contract is concluded with MOCHNI (hereinafter also referred to as “MOCHNI”), Bornstraße 14, 20146 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. Updated September 17, 2021.
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 a submission form for fashion and beauty brands, b) checking the information entered via the submission form / input mask against the MOCHNI criteria, and c) creating a listing for accepted 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, brand name, location of the company, name of the managing director, year of foundation, number of employees, product types, production locations, materials, product/lookbook 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. Submission form and listing requirements
3.1. A listing requires an inquiry via the online submission form, in which the participant (brand) must fill out a mask with information about the brand and information about its collection in English. 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 and/or beauty products.
The details of fashion and beauty products are:
BAGS & ACCESSORIES
CLOTHING (INCLUDING DENIM, KNITWEAR, SPORTSWEAR, SWIMWEAR, UNDERWEAR)
HOME TEXTILES (INCLUDING TOWELS, BED LINEN, CARPET, CURTAINS)
AROMATHERAPY & CANDLES (INCLUDING ESSENTIAL OILS, PALO SANTO STICKS INCENSE STICKS, SAGE SMUDGE STICKS, ROPE INCENSE)
BEAUTY HAND TOOLS (HAND RAZOR, HAIR BRUSHES, MAKEUP BRUSHES, DRY BRUSHES, CLEANSING BRUSHES, COMBS, CLOTHS, GUA SHA, MASSAGE ROLLERS, SPONGES, TONGUE CLEANER, TOOTHBRUSHES)
NATURAL DETERGENTS & CLEANERS
ORAL & DENTAL CARE (INCLUDING TOOTHPASTE/TABS, OIL PULLING, DENTAL FLOSS)
PERSONAL CARE (INCLUDING MENSTRUATION CUPS, CONDOMS, PADS, TAMPONS, LINERS, DEODORANT, LUBRICANT)
– Electronic products (for example electronic diffuser, electronic shaver, electronic tooth brush etc.)
– Horn, Ivory, Coral, Turtle Armature, Tortoiseshell, Nacre
– Products for oral intake, food, supplements, dietetic products or the like (exceptions: – toothpaste/tabs, tongue scraper, toothbrush, oil pulling, dental floss)
– Rabbit Hair (Angora i.a.)
– Real Exotic Skin
– Down and/or Feathers from life plucked birds
– Tampons, pads and liners that are not certified organic
Prohibited chemical inputs:
(These chemical inputs must not be used in all processing stages regardless if applied as a pure substance or as part of a preparation)
Aromatic and Halogenated Solvents (used to create plastics like Polyester, Nylon, PET, PVC or paints/coatings i.a.)
Brominated and Chlorinated Flame Retardants (used as a textile application to reduce flammability i.a.)
Chlorinated Benzenes (used to dissolve other substances during manufacturing and to clean fabrics i.a.)
Dioxin and/or Dioxin-producing Bleach
Chlorophenols including their Salts and Esters (used for dyeing i.a.)
Complexing Agents and Surfactants (used as surface wetting for textile finishing processes to accelerate the penetration of finishing liquors i.a.)
Cyanide (used for mining gold and/or silver i.a.)
Formaldehyde and other short-chain Aldehydes (used to prevent shrinkage i.a.)
Fungicides and Biocides (used for the protection of textiles, nonwovens, and other materials to avoid mold growth)
Genetically Modified Organisms (GMO) (Genetically modified organisms (GMO) are plants, animals, and microorganisms which have been altered genetically)
Heavy Metals: Cadmium, Carbon, Lead, Mercury, Nickel, Copper and Chromium (used in certain dyes products and pigments used for textiles and/or accessories. Uses of chromium include certain textile processes, leather tanning, and metal recovery i.a.)
Inputs like Azo Dyes and inorganic Pigments (used for dyeing i.a.)
Inputs containing functional Nanoparticles (used to improve different functionalities of the textiles like water-repellence, dirt-repellence, self-cleaning, UV absorption, i.a.)
Organotin Compounds (used in sportswear, socks, and shoes to prevent odor caused by the breakdown of sweat i.a.)
Paraffins (substances and preparations that are prohibited for application in textiles with a recognized internationally or a nationally valid legal character i.a.)
Per- and Polyfluorinated Compounds (PFC) (used for leather and textile products to make them water- and stainproof i.a.)
Plasticizers (used as a softener for flexibility and durability i.a.)
Quaternary Ammonium Compounds (used as textile softener i.a.)
Short-chain Chlorinated (used as flame retardants and finishing agents for leather and textiles i.a.).
Sodium Hydroxide (NaOH – also known as caustic soda or lye) and Carbon disulfide, hydrolysis alkalization combined with multi-phase bleaching (used to produce rayon made from cellulose fibers. The source of cellulose can be wood, paper, cotton fiber or bamboo i.a.)
Volatile Organic Compounds (VOCs)
Industrial sandblasting, stonewashing
3.2. The submission 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.
3.3. The participant is obliged to provide the data requested by MOCHNI with the submission form completely, correctly and truthfully. Participants with their registered office in the EU are obliged to truthfully state their VAT ID.
3.4. Each brand that wants to be listed in our ECO ALPHABET brand directory, must apply through the submission form to state that the product range meet the criteria of our Code of Conduct. When filling out the submission form, the participant must check which criteria the collection meets.
Mandatory Criteria For Each Brand:
1. The brand produces only products that fall under the categories listed below.
2. The entire product range must comply with the Fair Trade criterion.
3. The brand must comply with the Social Justice criterion.
4. A minimum of 50% of the total product range must comply with the Materials Criteria and/or Ingredients Criteria.
5. The products must not fall under the list of prohibits.
A brand that matches the categories listed below, must meet the Materials Criteria:
Certified Organic Material, Recycled Material, Upcycled Material, Eco/Tech Material. The materials refer to the main materials.
Main material = is the essential part of the final product including fillings and insulation, for shoes: upper, lining and sole. Small accessories or by-products (e.g. buttons, zippers, sewing thread, plating, laces, buttons and packaging) do not need to meet the criteria, but should be sustainable and must not be prohibited material.
– Bags & Accessories
– Home Textiles (including towels, bed linen, carpet, curtains)
– Beauty Hand Tools (including hand razors, hair brushes, makeup brushes, dry brushes, cleansing brushes, combs, cloths, Gua Sha, massage rollers, sponges, tongue cleaner, toothbrushes)
A brand that matches the categories listed below, must meet the Ingredients Criteria:
Certified Organic Ingredients, Natural Ingredients, Sustainable Raw Ingredients.
– Aromatherapy & Candles (including essential oils, palo Santo sticks, incense sticks, sage smudge sticks, rope incense)
– Hair Care
– Nail Care
– Natural Detergents & Cleaners
– Oral & Dental Care (including toothpaste/tabs, oil pulling, dental floss)
– Personal Hygiene (including menstruation cups, condoms, pads, tampons, liners, deodorant, lubricant)
– Skin Care
Optional Criteria For Each Brand:
– Zero Waste
– Give Back
– Cultural Support
In order for a fashion brand to receive the ECO ALPHABET certification, the brand must meet these criteria (we only certify fashion brands):
1. The brand exclusively produces the following products: bags and/or fashion accessories and/or clothing and/or denim and/or home textiles and/or jewelry and/or knitwear and/or shoes and/or sportswear and/or swimwear and/or underwear.
2. The entire collection must comply with the Fair Trade criterion.
3. The brand must comply with the Social Justice criterion.
4. 100% of all main materials of the entire collection must be Certified Organic Material and/or Recycled Material and/or Upcycled Material and/or Eco/Tech Material.
5. The products must not fall under the list of Prohibits.
3.5. If certain products or materials are certified, this must be indicated on the submission form.
3.6. Each participant must upload 10 photos (jpg, jpeg, png) in portrait or landscape format of the collection so that the listing can be illustrated with up to 4 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.
3.7. The information or photos may not violate legal regulations or morality through their formulation, content or presentation and the pursued purpose.
No nude photos, pornographic, unnaturally retouched pictures, racist, intolerant, hateful gestures or symbols. No photos that contain text, logos, emoji, stickers, filters, theme frames, watermarks or censor blocks placed over the photos.
3.8. 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.
3.9. Each submission 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 a submission form for each brand separately.
4.1. Changes in functionality and design
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.
4.2 Changes in Code of Conduct, listing requirements, submission form
MOCHNI reserves the right to change the Code of Conduct, the listing requirements and the submission form at any time and without giving reasons.
5.1. 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 MOCHNI services, for which additional conditions may apply. The process can be cancelled at any time before sending the submission form by closing the browser window. The user also has the opportunity to check the entered content before submitting the submission form and to correct his data if necessary.
5.2. The participant will receive a copy of the submitted 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.
5.3. 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.
5.4. After receipt of the data, MOCHNI checks the transmitted information against the MOCHNI criteria within 10 working days (except Saturday, Sunday and public holidays).
5.5. 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.
5.6. 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.
5.7. In the event of an invoice being sent, this is done exclusively by electronic means.
6. Listing creation, certification and updates
6.1. To be listed and certified as a brand in the directory, brands must be admitted and pay a fee. Brands admitted to the directory pay a listing fee. The listing fee covers the 12 months from the time at which the participant sent the submission form. It does not matter on which day the participant sent the submission form and when the listing went live.
Fashion brands which are also admitted for the brand certification also pay the certification costs and the label fee. The brand must respect the rights of use of the certification label. The certification is valid for the duration of the listing.
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 submission form at least 1 month before the listing expires. If the participant fails to submit the 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 submission form. If the brand is already listed and wish to be subsequently certified, only the certification costs and the label fee apply. The duration of the listing does not change.
6.7. The terms and conditions are applicable to the use of the MOCHNI service at the time of submitting the 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 19% 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. The brand has the possibility to offer a discount code for consumers on the directory profile. The discount code must be valid for new and existing customers on the entire product range in the respective brand online shop. MOCHNI assumes no liability for accuracy or guarantee. The terms and conditions of the respective brand online store apply.
9.3. MOCHNI excludes any guarantee and liability that the listings and information meet the legal requirements.
9.4. 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.
9.5. 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.
11.5. If the listing requirements or the Code of Conduct are changed and we determine that a brand no longer meets the current requirements, we will notify the brand by email and request that the information be adjusted within a period of 4 weeks.
The brand can submit the changes via the submission form “update”. If the brand can no longer meet the ethical criteria, we will make the brand listing invisible until the brand meets our current criteria again. The term of the listing duration remains unaffected.
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.
13.3. MOCHNI has the unlimited right to place the approved label logo on the submitted photos and can use these photos for any advertising purposes.
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.
The Code of Conduct and a list with prohibits can be found here at a glance:
Hamburg, Germany – November 2, 2020. Updated September 17, 2021.