Terms of Use

§1 Scope of application

Use of this website is subject to the following terms and conditions of use, which are agreed between the user and the operator of the website, Sourcebook GmbH. The user may only use the network-based online portal Sourcebook if they accept these terms and conditions of use.

§2 Registration, participation and membership

Before being able to use Sourcebook, the user must register and their details must be checked by Sourcebook GmbH. After successful registration, the user becomes a member of the community.
Sourcebook will use the information the user provides to be in touch and to provide updates on our activities.
Sourcebook uses Mailchimp as marketing automation platform. By using the Sourcebook website, the user acknowledges that their e-mail adress and full name will be transferred to Sourcebook's secure Mailchimp 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 Sourcebook truthfully and in full and keep them up to date.

After access has been activated, the user is entitled to use the application, subject to availability and what is technically possible. 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 tagged with their stated occupation and subscribed to the Sourcebook Mailinglist – both of which can be turned off at any time in the user settings.

The user must inform Sourcebook immediately if they have reason to believe that a third party is using their account. In such case, the user must request a new password immediately.

§3 Description of service

  1. Sourcebook GmbH enables textile production assignments and enquiries to be published free of charge on the online platform Sourcebook. Each user is given the opportunity to create their own profile and to upload pictures, videos and documents relating to their own collection, projects or samples. The core element of the application is an intelligent search engine that can be used to search for fashion manufacturers or members. Users can also store contacts, send and receive messages, publish enquiries and assignments, and share news.
  2. This mediation activity is subject to an annual membership fee for both enquirers and providers. Only holders of a mini-subscription have free and unrestricted access to the Sourcebook database. Details of the different types of membership can be found in our overview.
  3. The enquirer alone decides which provider to conclude a fashion manufacturing contract with. Sourcebook GmbH 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.
  4. Sourcebook GmbH offers the provider no guarantees regarding the frequency or number of enquiries.
  5. Sourcebook GmbH does not guarantee that the provided content will be correct, complete, reliable, up-to-date or usable.
  6. Sourcebook GmbH endeavours 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.

§4 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, Sourcebook GmbH is entitled to change or delete the corresponding post and to withdraw the user's access rights. The user is obliged to compensate Sourcebook GmbH for loss or damage resulting from any such breach.

Sourcebook GmbH has the right to delete posts and content that could constitute an infringement.

§5 Transfer of usage rights

The copyright for the published posts remains with the user. However, by publishing their post on Sourcebook, the user grants Sourcebook GmbH the right to make it permanently accessible and publicly available on its website and to also advertise the content outside of Sourcebook.

The user has the right to change or delete posts within their profile.

§6 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 in paragraph 1 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.

§7 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 (hereinafter "data"), the user expressly agrees to this data being used on the online platform of Sourcebook GmbH and to the data (except contact details) 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 Sourcebook GmbH 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.

In accordance with Art. 33 of the Federal Data Protection Act, users are made aware that Sourcebook 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, Sourcebook GmbH must be informed immediately.  

Sourcebook GmbH collects, stores and processes personal data in relation to use of the platform, to the extent permitted or required by law. Sourcebook GmbH will treat personal data confidentially and in accordance with the provisions of the applicable data protection laws. Furthermore, Sourcebook GmbH 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 Sourcebook GmbH to pass their personal data to third parties for the purpose of the editorial placement of assignments.

§8 Termination of membership

The user may terminate their membership without notice by issuing a corresponding statement to the provider.

Sourcebook GmbH 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 exist, Sourcebook GmbH is entitled to immediately withdraw the user's access rights and to terminate their membership without notice.

Sourcebook GmbH has the right to withdraw the user's access rights after the membership has been terminated. If a membership is cancelled, Sourcebook GmbH is entitled but not obliged to delete the content created by the user.

§9 Applicable law

The contractual relationships between Sourcebook GmbH 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.

§10 Final provisions

Sourcebook GmbH 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. Sourcebook GmbH 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 Sourcebook GmbH's announcement also makes the user aware of their right to object and the importance of doing so within the objection period.

Sourcebook GmbH 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.

 

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 Sourcebook GmbH, then Sourcebook GmbH 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 Sourcebook GmbH. Sourcebook GmbH 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. Sourcebook GmbH therefore expressly distances itself from all content on linked websites that has been changed since publishing the link.