Terms and conditions

Short version: Be nice and fair to each other!

Foreword
If not stated otherwise, the latest version of the “Uniform Terms and Conditions of the German Textile Industry” apply. Place of jurisdiction and execution of interloom is Berlin, Germany.

§ 1 Service description
interloom is a B2B marketplace, on which business(wo)men who have registered an account for suppliers (called “suppliers”) and business(wo)men who have registered an account for buyers (called “buyers”) may offer or buy sustainable products and services (called “products”). The offers, sales and purchases must not violate legal rules, these terms and conditions or the interloom product criteria. Furthermore, interloom website contains editorial content and a blog.

§ 2 Users and participants

§ 2.1 Role of interloom
Buying contracts are – except the following conditions – solely concluded between the participating suppliers and buyers. A member may also offer products in place of a supplier (as facilitator, organizer or salesman). The contract may then directly be concluded between the supplier and the buyer(s). Contracts which are initiated or concluded on the interloom website authorise and pledge only the participating buyers and suppliers. interloom will only be a contract partner of a buying contract if interloom itself offers or buys a product as a buyer or supplier under its own name.

§ 2.2 Members
Members in the sense of these terms and conditions are these participants who have registered a membership account and who offer other members products via interloom (seller) or who buy products from other members via interloom (buyer). interloom offers members the technology to publish content and buy or sell products on the interloom website. The interloom rules for the publication of content by users apply for the publication of content on the interloom website.

§ 2.2.1 Suppliers
Suppliers (also called sellers) in the sense of these terms and conditions are these participants who sell products to other participants via interloom. Only officially registered business(wo)men can offer products via interloom. Suppliers may be producers, importers, traders and also designers who sell products or services to other users (buyers) via interloom. The registration is a precondition for the sale of products. Only full age and sui juris natural persons, juristic persons and business partnerships may register as suppliers. The registration of a juristic person may only be done by an authorised to represent natural person who has to be named by the full personal name. The data asked for in the registration process have to be complete and correct.

§ 2.2.2 Buyers
Buyers in the sense of these terms and conditions are these members who buy products from suppliers via interloom. Only officially registered business(wo)men as well as educational institutions in the textile, fashion and design sector may register as buyers on interloom. The registration as buyer is a precondition to buying products on interloom. Only full age and sui juris natural persons, juristic persons and business partnerships may register as buyers. The registration of a juristic person may only be conducted by an authorised to represent natural person who has to be named by the full personal name. The data required by the registration have to be complete and correct.

§ 2.3 Role of third-parties
Third-parties are any parties which are not interloom or members of interloom

§ 2.3.1 Suppliers
Members may also make non-binding offers (as salesman, organizer or facilitator) in place of third-parties (suppliers). The contracts are then directly concluded between the supplier and buyer. All relevant information has to be forwarded by the member.

§ 2.3.1 Marketing and Social Media Platforms
interloom may transfer data and information about the offered products as well as user-generated content to third-parties in order to spread the information on their websites, by software applications, emails and other formats. Among these third-parties are, for example, Facebook, and other social media. Our privacy rules apply.

§ 3 Formats of offers
interloom provides its members a number of different offer formats and functions to find interested people in order to conclude a contract initiated via the interloom platform.

§ 3.1 Buying groups / collective orders
If a supplier provides a product in the format of a buying group (also called collective order), he/she provides a binding selling offer for the respective product. The supplier defines a minimum and (optionally) a maximum purchase quantity as well as a deadline (period for the offer), within which the offer may be accepted through a buying offer. The offer ends when the time is over or when the maximum order quantity is reached before the end of the deadline. The buyer accepts the selling offer by giving a binding purchase offer through the buying function of the interloom site.

§ 3.2 Individual orders
Products may also be offered for individual orders (without building a buying group / collective order). In this case, the contract will already be concluded if one buying member buys the product.

§ 3.3 Direct-from-supplier sourcing on demand
If a supplier offers a product with the format “direct from supplier sourcing on demand”, he/she provides a non-binding selling offer for this product. The buyer may give a selling offer for the article directly to the supplier.

§ 3.5 Basic principles about the buying contracts
If a supplier offers a product on interloom, he/she provides a non-binding selling offer for this product. Buyers provide a non-binding buying offer by using the buying function on interloom. Suppliers have to confirm their selling offer by sending a written binding selling offer to the buyer. The buyer accepts the selling offer and makes a binding buying offer by transferring the first installment or the whole amount or by any other action mutually agreed upon by the supplier and buyer.

§ 4 Offers

§ 4.1 Offering a product on interloom
Suppliers have to assign the products to the respective product categories and have to accurately and completely describe the products in words and with images. All main product attributes and characteristics which are relevant for the buying decision as well as defects which reduce the value of the product have to be honestly and completely given. Furthermore, the suppliers have to inform the buyers about the details of the payment and delivery conditions. Suppliers have to be able to transfer the offered products to the buyer according to the mentioned conditions. The product description and the images used must not violate the rights of third-parties and must only be related to the offered product. Advertisement for products not offered on interloom is forbidden. The permissibility of links is regulated by the principle for the use of external links on the interloom product pages. As long as an article is offered on interloom, a member must offer an article of a similar type only via the interloom website but not through any other method, e.g. per email. This is valid also beyond the offer of the product.

§ 4.2 Withdrawing an offer
Giving an offer is generally binding. Members may only withdraw an offer if they are legally allowed to do so.

§ 5 Membership

§ 5.1 Registration as a member
The users have to truthfully give the required information required at the registration. After the registration, interloom sends an email with the required personal access data (username and password) within 3-4 days after the registration. Members have to keep their password secret and have to keep their access to their membership account secure. Members are obligated to immediately inform interloom if there are any hints that a membership account may be misused by any third-party. interloom never gives a password of a member to third-parties and will never ask a member about the password by email or phone. Members are hold liable for all activities which are done by using their membership account. If a member is not responsible for the misuse of a membership account, because the member did not violate its duty of care, the member is not hold liable.

§ 5.2 Transferability of a membership account
A membership account is not transferable.

§ 5.3 Contracting and data transfer
If a contract is initiated through the interloom website between members, interloom provides the required data for contacting to the contract partners.

§ 6 information and data

§ 6.1 Information control
The content published by members on the interloom site is principally not checked by interloom and does not represent the opinion of interloom.

§ 6.2 Copyrights and using licence for user-generated content
The interloom copyright regulations apply with regard to copyrights and the using licence for user-generated content.

§ 6.3 Responsibility for the content
If you assign interloom to support you by uploading the content or if you agree that interloom publishes any data on your behalf, be it written or orally, you are equally responsible for the published content. You are also responsible for content which you want to have removed if you don`t inform interloom in time to remove the respective content.

§ 6.4 Translations
The offers and content published by interloom, members or users are also accessible to members and users from other countries. Certain parts of the content and/or offers may therefore be translated automatically, by third-parties, by the members or by interloom. Legal validity has the original content of the publisher in German or English.

§ 6.5 User provided data
interloom principally does check neither the data provided at registration nor the offers and content provided by suppliers and buyers without any concrete suspicion. Despite different prevention measures it is therefore not excluded that wrong information may be provided and published. Each member therefore has to check the data and the identity of the contract partner.

§ 6.6 Updating of the data
Every user is responsible to keep the data provided during the registration and afterwards as well as the product description data up to date and to unasked and immediately update the data if there are any changes.

§ 6.7 Price quotation
The price of every offer is the pure net product value excluding value added tax (VAT), consignment, delivery and shipping costs calculated from the product location if not stated otherwise. Suppliers are required to name the price details. Suppliers must not charge buyers for interloom fees, Paypal fees and/or commission fees additionally to the product price.

§ 6.8 Manipulation of the search function
Members must not manipulate the search function of the interloom website, e.g. by misusing proprietary names or other search words in the product name or description.

§ 7 Use of online and offline software tools
interloom may offer members online and offline software tool as well as special programs or apps whose use is regulated by separate user and licence conditions.

§ 8 Shipping of products
Suppliers are principally responsible for the shipping of a product to the buyers. Other conditions may be agreed on directly between the buyer and the supplier. In the case of collective orders, the supplier may send the fabric to a commissioner who then is responsible for the shipping of the products to the suppliers. The costs and conditions therefore have to be made clear by the supplier.

§ 9 Billing and payment
The execution of the contract falls in the responsibility of the buyer and supplier and is not in the responsibility of interloom. The bill is sent directly from the supplier to the buyer. The payment is made directly from the buyer to the supplier. If a contract was successfully initiated via interloom, a commission is automatically due for payment and will automatically be charged from the supplier according to the agreed conditions. The amount of the commission is regulated in the current overview of the fees.

§ 10 Principles and criteria for products
interloom is a marketplace for ecologically and socially sustainable products and services. All products offered on interloom must therefore comply with the current minimum product criteria. Suppliers guarantee that their products comply with the minimum product criteria when uploading their products.

§ 10.1 Right to test products
interloom reserves the right to check and test the products and check whether the data provided holds true.

§ 10.2 Right to delete products
interloom may delete a product from the portfolio if there are hints that the product violates these terms and conditions. This also holds true in the case of suspicion which may later prove false.

§ 10.3 Right to sell a product
The right to sell a product on interloom does not exist.

§ 11 Right and claim to use interloom
interloom provides its members a website with the functions described in §1. interloom may restrict the use of the website or of some of the functions or the extent to which these functions and services may be used. interloom temporarily confines these services if this is necessary in terms of capacity limits, security or integrity of the server or to conduct technical measures or updates and if this serves to correctly provide or improve the services (maintenance work). interloom accounts for the legitimate interests of the members by preliminary information. If an unpredictable system failure constrains the use of the functions, respective information will be given as soon as possible. With respect to the credit entry for the fees for concerned offers and an extension of the offers, the principle for system failures applies.

§ 12 Sanctions and suspension and cancellation
interloom may take the following actions, if there are concrete indications that a member violates legal rules, rights of third-parties, the interloom terms and conditions or the interloom product criteria or if interloom has any other legitimate interest, especially to protect members from fraudulent actions:
•    delete offers or other content
•    warn members
•    limit the use of the marketplace
•    preliminary suspension
•    definite suspension
When choosing one or the other measure, interloom considers the legitimate interests of the concerned member, especially if there are indications that the member may not be responsible for the non-compliance.

interloom may suspend a member from using interloom (final cancellation) if
•    wrong contact data have been provided, especially a wrong or invalid email id.
•    a member transfers its membership account to others.
•    a member damages other members or interloom, especially if misusing the service of interloom.
•    any other important reason.

§ 13 Membership fees, listing fee, additional fees, allowance and commission
The registration as a member and the listing of products on interloom is for free. If a contract is initiated via interloom, the supplier has to pay a commission to interloom. The commission is payable for every order made via interloom. This is independent from the fact whether the contract later will finally be executed or if for example the delivery will be unwounded due to a resignation in advance or after the delivery. The fees and the commission are immediately due for payment and may be paid via the payment methods offered by interloom. interloom sends the bills for the commission fee to the members (suppliers) by email to the given email address usually once a month at the end of the month. interloom may change the fees any time. Prices changes will be announced to the members in time before coming into effect.

§ 14 Rating system and trust symbols
The interloom website facilitates that members may rate the data and content published by other members with respect to whether they are helpful, relevant and useful. The ratings are not checked by interloom and may be unfounded or deceptive. Members are obligated to give true particulars and to comply with legal rules. The assessment given by members has to be objective and may not contain abusive criticism. Every use of the rating system which contradicts the purpose of the rating system is prohibited. Especially the following actions are forbidden:
•    unfounded assessment or rating
•    self-assessment or assessment through instructed third-parties
•    include circumstances in the assessment which are not directly related to the case
•   use the rating to other purposes than the trade on the interloom marketplace
For the removal of the assessment the rules for the removal of the assessment apply.

§ 15 Forbidden products and contents
It is forbidden to offer products on interloom whose sale or purchase violates legal rules or rights of third-parties or is immoral. interloom reserves the right to be more strict than the statutory provisions. The interloom product criteria have to be followed. It is forbidden to publish content on the interloom website which violates statutory provisions, third-party rights or are immoral. The principle for content published by members applies.

§ 16 Basic principles
Members are obligated to follow the statutory provisions when using interloom. It is the responsibility of the members to ensure that the offers and contents are legitimate and do not violate any third-party rights. Members are responsible to archive data and information which they require for conservation of evidence, accounting etc. on an independent data storage medium. Members must not use the addresses, contact data and email-addresses to any other purpose than the pre-contract and contract-related communication. It is especially forbidden to resell these data or to use these data in order to distribute advertisements except the case that the member explicitly agreed to this in advance. interloom reserves the right to change the principles as long this is reasonable to the members under consideration of their legitimate interests.

§17 Limitation of liability
The members keep interloom free from all claims by third-parties which result from the use of the technologies and services provided by interloom except the following:

  • The liability of interloom for deliberate acts as well as culpable physical violation is not limited.
  • The maximum limit of liability for negligent acts and omissions is limited to the damage typical in the respective contractual case, which interloom had to anticipate at the point of time of the conclusion of the contract.
  • The liability of interloom for consequential loss and indirect damage especially of missed profit (incl. business interruption) is excluded. This exclusion may not be presumed to be a deliberate purpose.
  • interloom is not liable for the conclusion and execution of contracts which have been initiated or concluded between suppliers and buyers via interloom.

§18 Returns and reshipments

Products must never be sent to interloom except the case that interloom offered and delivered the product as a supplier. In cases of legitimate returns, the products may be sent back to the supplier after a mutual agreement on this.

§19 Newsletter
Every member receives our newsletter that is usually sent once a month. The newsletter informs our members about current collective orders and other news.

§20 Units
If not stated otherwise in the product title or description, the prices refer to the following units:

  • fabrics: meter(s)
  • fabric swatches: piece(s)