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GLOBAL ORGANIC TEXTILE STANDARD
ECOLOGY & SOCIAL RESPONSIBILITY

General Terms and Conditions (GTC) for GOTS Shop-Finder

  1. Definitions

    1. „Global Standard“ shall mean the Global Standard gemeinnützige GmbH, Rotebühlstr. 102, 70178 Stuttgart, Germany.
    2. “GOTS” refers to the Global Organic Textile Standard. A worldwide textile processing standard for organic fibres, including ecological and social criteria. The full text of the GOTS can be found at https://global-standard.org/downloads.
    3. “GOTS Marks” are the trademarks owned worldwide by Global Standard.
    4. “GOTS Products” are products that are properly certified and labelled in accordance with the Global Organic Textile Standard and corresponding regulations for the use of GOTS Marks, which can be found at https://global-standard.org/downloads.
    5. “GOTS Shop-Finder” is a publicly accessible database published by Global Standard on their website, which provides information about retailers that offer GOTS Products to consumers and the general public.
    6. “Retailer for GOTS Products” is a retailer that offers GOTS Products in accordance with these GTC.
    7. “Contractor” is an entrepreneur entering into a contract about a listing in the GOTS Shop-Finder with Global Standard.

 

  1. Scope of GTC

    1. These GTC for the GOTS Shop-Finder apply exclusively between Global Standard and the Contractor; opposing or from these GTC deviating conditions of the Contractor are not recognized by Global Standard, unless Global Standard has expressly agreed to their validity.
    2. These GTC only apply in regard to a listing of the Contractor in the GOTS Shop-Finder.
    3. Global Standard is entitled to make reasonable adjustments to these GTC from time to time in case of a legitimate interest on our part. Such a legitimate interest may be changes in the law, changes in case law or changes in economic conditions. Global Standard will inform the Contractor at least 30 calendar days before the planned changes to the GTC shall come into force via E-Mail, about the specific changes and when they shall come into force. The Contractor may object within a period of 30 days to the changes via E-Mail. If the Contractor does not object to the changes these will come into force to the date Contractor was informed about. Should the Contractor object to the changes in the GTC, the contract shall be continued under the previous conditions unless a continuation under the previous conditions is not deemed reasonable for us. In this case we are entitled to terminate the contract with the Contractor.

 

  1. Subject of the contract

    1. The subject of the contract is a listing of the Contractor as a Retailer of GOTS Products in the GOTS Shop-Finder for the duration of the contract for a fee to be paid by Contractor.
    2. The listing contains the name and the address of the Contractor. Any additional information the Contractor can and may provide for the GOTS Shop-Finder is only voluntary and not subject of the contractual obligations of Global Standard. Such options for additional information may be changed by Global Standard at any time.

 

  1. Conclusion of Contract

    1. The listing in the GOTS Shoop-Finder is only offered to Retailers of GOTS Products.
    2. The offer of Global Standard to be listed does not constitute any binding offer, but an invitation to submit an offer by the Contractor.
    3. The Contractor's order for a listing is a binding offer to conclude a contract. Global Standard is entitled to accept this offer within two weeks. The acceptance will be under the condition that Contractor meets the requirements and obligations in para. 5. The Acceptance may be done by e-mail or other notification in writing or by issuing of an invoice.

 

  1. Requirements and Obligations of the Contractor

    1. To be listed as a Retailer of GOTS Products in the GOTS Shop-Finder the Contractor guarantees that he meets the following requirements during the time of the contract:
      1. Contractor fulfills all applicable requirements of the GOTS and the conditions of use of GOTS Marks in the version applicable at the time.
      2. Contractor continuously offer GOTS Products for sale in the categories he is listed in the GOTS Shop-Finder.
      3. Contractor does not offer any products that infringe GOTS Marks or other intellectual property rights of Global Standard or use GOTS Marks for advertising purposes in an infringing way.
      4. Contractor does not use any reference to Global Standard or GOTS or GOTS Marks in a misleading or otherwise unlawful way.
    2. Contractor is obliged to provide correct information for the listing and keep his data in the GOTS Shop-Finder up to date for the duration of the contract.
    3. Contractor is obliged to pay the fee for the GOTS Shop-Finder listing.

 

  1. Control and breach of obligations

    1. Global Standard may request documents from the Contractor to verify that the Contractor meets the requirements in para. 1.1., 5.1.2., 5.1.3. and 5.1.4. and to verify the information in the listing as provided by the Contractor. Upon such request Contractor will provide such documents (e.g. transaction certificates of the GOTS products, pictures of Contractor’s store or order forms that clearly show GOTS products are being offered) without undue delay.
    2. If Global Standard is informed about or becomes otherwise aware of a possible violation of the Contractor’s obligations under these GTC, Global Standard will investigate such possible violation. Unless violation claims against the Contractor are obviously baseless, Global Standard may block the listing of the Contractor in the GOTS Shop-Finder, until such investigations are concluded. The Contractor can accelerate such investigations by providing Global Standard with any requested information to resolve the allegations.

 

  1. Warranty

    1. We warrant an availability of the GOTS Shop-Finder of 24 hours per day within our responsibility.
    2. Necessary scheduled maintenance shall be excluded from the availability of the GOTS Shop-Finder pursuant to para. 1.. Scheduled maintenance is work that is carried out for the purpose of technical adaptation, guarantee of function and interoperability, technical development and other changes to the GOTS Shop-Finder and the IT-Systems the GOTS Shop-Finder requires.
    3. Beside the scheduled maintenance according to para. 2 the availability of the GOTS Shop-Finder according to para. 7.1 can be limited by unplanned and unforeseen downtimes. These are times, in which by unplanned and unforeseen events, which Global Standard does not have to represent, like such force majeure, interruption of the power supply, hardware and software errors, technical problems in the data lines which impair the further operation of the GOTS Shop-Finder, the GOTS Shop-Finder is not available.
    4. In the event that the GOTS Shop-Finder is not available for more than one hour at a time due to scheduled maintenance, Global Standard shall inform the Contractor about the duration of the unavailability. Information about scheduled maintenance may also just be displayed on the website of the GOTS Shop-Finder. The same applies if the GOTS Shop-Finder is unavailable for more than one hour at a time due to unplanned and unforeseen downtime.   

 

  1. Intellectual Property

    1. These GTC and a listing in the GOTS Shop-Finder does not grant the Contractor any rights to use GOTS Marks or other intellectual property including copyrights of Global Standard.
    2. The Contractor may therefore not use the GOTS Marks or other intellectual property including copyrights of Global Standard unless expressly otherwise entitled to by Global Standard in accordance with the GOTS and the corresponding regulations.
    3. The Contractor warrants that the information provided by the Contractor does not infringe any third-party rights (e.g. trademarks, copyrights). The contractual partner indemnifies Global Standard against any claims of third parties which are asserted against Global Standard on the basis of the information provided by the Contractor on first demand.

 

  1. Prices, payment, due date and default (as of July 2023, the GOTS Shop-Finder is free)

    1. The annual fee for the GOTS Shop-Finder is to be paid in full without deductions in advance for the respective term.
    2. The annual fee does not include Value Added Tax (VAT), which will be added to the fee if applicable.
    3. Payment is due upon receipt of the invoice or statement of account.
    4. Global Standard is entitled to send invoices exclusively by electronic means, provided that they comply with the requirements of German tax law.
    5. As a matter of principle Global Standard accept only the methods of payment that are listed in the order procedure or otherwise stated on the website or the invoice.

 

  1. Term and Termination

    1. The term of the contract is 1 year.
    2. If neither Global Standard nor the Contractor don’t terminate the contract up to 2 weeks before the end of the respective contract term, the contract shall be extended by another year.
    3. The right to extraordinary termination shall remain unaffected.
    4. Global Standard shall in particular be entitled to extraordinary termination without notice if:
      • the Contractor is more than 14 days in arrears with a due payment and has been reminded by Global Standard at least once.
      • the Contractor violates his obligations or no longer meets the requirements in para. 5.

 

  1. Limitation of liability

    1. We are liable without limitation for intent and gross negligence. In the case of non-intentional acts, liability is limited to the damage typically foreseeable at the time of conclusion of the contract. In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations and limited to the damage typically foreseeable at the time of conclusion of the contract. This limitation shall not apply in the event of injury to life, limb or health.
    2. Insofar as liability for damages against us is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, representatives and vicarious agents.
    3. Except in the aforementioned cases, liability on our part is excluded.

  2. Applicable Law; Place of Jurisdiction; Final Provisions

    1. The law of the Federal Republic of Germany shall apply.
    2. Legally relevant declarations and notifications by the Contractor with regard to the contract (e.g. setting of deadlines, termination) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the declaring party, shall remain unaffected.
    3. If the Contractor is a merchant, a legal entity under public law or a special fund under public law, the place of performance and jurisdiction for all disputes shall be our registered office in Stuttgart. We are also entitled to take legal action at the Contractor’s general place of jurisdiction.
    4. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remainder of the contract.