General terms and conditions

1. scope

1.1 These General Terms and Conditions (hereinafter “GTC”) apply to the sale and delivery of address databases (hereinafter “Databases”) by the Seller to business customers (hereinafter “Customer”).

1.2 These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless their validity is expressly agreed to in writing.

2. conclusion of contract
2.1 Offers of the Seller are non-binding. By placing an order, the customer submits a binding offer to conclude a contract. The contract is concluded by the written order confirmation of the seller or by delivery of the databases.

3. prices and terms of payment
3.1 All prices stated are net, plus the statutory value added tax.

3.2 The purchase price is due immediately and payable without deduction, unless otherwise agreed.

3.3 In the event of default in payment by the Customer, the Seller shall be entitled to charge default interest at the statutory rate.

4 Delivery and transfer of risk
4.1 The databases shall be delivered electronically, e.g. by e-mail or download link, unless otherwise agreed.

4.2 The risk of accidental loss and accidental deterioration of the databases shall pass to the Customer upon handover.

5. rights of use
5.1 The Seller grants the Customer a non-exclusive, non-transferable right to use the Databases for an unlimited period of time. The customer is entitled to use the databases for his own business purposes, but not to pass them on or sell them to third parties.

5.2 The Customer undertakes to comply with the applicable data protection laws and regulations.

6 Warranty and liability
6.1 The Seller warrants that the Databases are free from defects in title upon delivery. No further warranty is assumed.

6.2 Seller’s liability shall be limited to intent and gross negligence. Liability for damages arising from injury to life, limb or health shall remain unaffected.

6.3 The Buyer shall indemnify the Seller against any liability that may arise directly or indirectly from the purchase, use or misuse of the address databases, including but not limited to damages, losses, costs and expenses related to data protection violations, violations of legal regulations, copyright infringements or other legal claims.

6.4 Buyer agrees to comply with all applicable laws and regulations in connection with the purchase and use of the Address Databases, including but not limited to data protection laws, copyright laws and other intellectual property rights.

7. revocation

7.1 The statutory right of withdrawal shall only apply to consumers. Orders can only be placed by customers with a valid VAT ID, which automatically makes them commercial customers. Consequently, there is no right of withdrawal.

8. changes to the GTC
8.1 The Seller is entitled to amend these GTC with effect for the future. The customer will be informed about such changes in due time and has the right to object within a reasonable period of four weeks from the notification of the changes. If the customer does not object within this period, the amended GTC shall be deemed accepted.

9. final provisions
9.1 Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the original provision.

8.2 Amendments and supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.

8.3 The place of performance and jurisdiction for all disputes arising from or in connection with these GTC shall be the Seller’s place of business.

8.4 These GTC shall be governed by the laws of the country in which Seller has its registered office, excluding the conflict of laws rules of private international law.