General Terms and Conditions for Online Orders
1. SCOPE, DEFINITIONS, EXCLUSIVE CLAUSE
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of studies and proceedings (hereinafter referred to as “Products”) offered in the e-commerce section of the internet presence at http://bio-based.eu/, which are concluded between the contractual partner, nova-Institut GmbH, Chemiepark Knapsack, Industriestr. 300, 50354 Hürth (hereinafter referred to as “we” or “nova-Institut”) and the “Customer”. Deviating or supplementary general terms and conditions of the Customer shall not apply, even if we do not expressly object to their application.
1.2 “Customers” are exclusively entrepreneurs. “Entrepreneur” shall mean a natural or legal person or a partnership with legal capacity, which acts in the scope of its commercial or independent professional activity when concluding a legal transaction (Section 14 of the German Civil Code (Bürgerliches Gesetzbuch)).
2. CONCLUSION OF THE CONTRACT IN CASE OF ONLINE ORDERS
2.1 Prices and study descriptions, which we state in flyers or similar information material, do not represent a legal offer and are only to be understood as an invitation to the Customer to make a binding offer for the conclusion of a sales contract including these GTC.
2.2 The sales contract between the Customer and us is concluded when we accept the offer made by the Customer when placing the order. If acceptance is not expressly declared, provision of the product description shall be considered as acceptance. Confirmation of receipt of the order shall not be considered as acceptance.
2.3 Deviating from the above provision, the sales contract is concluded upon receipt of payment if the Customer chooses advance payment.
2.4 When retrieving a product and upon payment of the contractually owed payment, the Customer is given the opportunity by e-mail to download the study as a password-protected file in PDF-format.
3. PRICES AND PAYMENT, DEFAULT OF PAYMENT, RIGHT TO SET-OFF
3.1 Unless otherwise agreed, our net prices valid at the time of conclusion of the contract plus the statutory VAT shall always apply.
3.2 Payments can be made via credit card (Visa, EuroCard/MasterCard) or upon agreement via advance payment.
3.3 Unless otherwise agreed, services are payable within 14 days following the date of invoice without any deduction.
3.4 If the Customer is in default of payment, we can use a debt collection agency to collect our open claims after unsuccessful warnings. The collection costs shall be borne by the Customer.
3.5 The set-off against a claim is only permitted if the respective counterclaim has been confirmed by final decision of a competent court and/or is not disputed by us.
4.1 The Products we offer are based on information from reputable primary and secondary sources. However, we do not guarantee the accuracy, currency or completeness of the information presented. The Products serve to inform the Customer and are not to be considered legal or financial advice.
4.2 We shall be liable for defects in accordance with the following provisions:
– Claims due to defects for deliveries and services are subject to a limitation period of one year from delivery or acceptance, if such acceptance is agreed. This limitation shall not apply if we have caused or concealed a defect with intent or gross negligence or if an injury to life, body or health occurs due to a defect caused by simple negligence; in such cases the statutory limitation periods shall apply.
– The defect shall be remedied at our discretion by either correcting the defect, substitute delivery or new production of a defect-free product, provided that this new production is not associated with disproportionate costs. If the defect is not remedied within a period to be set for us or if subsequent performance is impossible, the Customer may exercise his statutory rights.
5.1 We shall be liable in accordance with the statutory provisions in the event of intent, gross negligence, culpable injury to life, body or health, assumption of a guarantee or a procurement risk and in the event of liability under the German Product Liability Act (Produkthaftungsgesetz).
5.2 We shall also be liable in the event of a simply negligent breach of material contractual obligations, i.e. obligations the fulfilment of which is essential to the proper performance of the contract and the observance of which the Customer regularly trusts and may trust. In this case, however, our liability is limited to the value of the product purchased.
5.3 Any further liability is excluded.
5.4 The above provisions shall also apply if damage is caused by our bodies, legal representatives, employees or other vicarious agents.
5.5 Insofar as our liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of our bodies, legal representatives, employees and other vicarious agents.
5.6 In the event of a delay or non-performance of our deliveries and services, we shall also not be liable if this delay was caused by events which we could not otherwise have influenced with reasonable effort. This applies in particular in cases of force majeure (e.g. war, public measures as well as operational disruptions not caused by our fault) and other events or circumstances which are beyond our control and which we cannot prevent with reasonable care. We will immediately inform the Customer of the existence of such an event and take appropriate measures to keep the period of the event and its effects as limited as possible.
6. RIGHTS OF USAGE
6.1 When acquiring digital content via the internet presence at http://bio-based.eu/, the Customer may use the retrieved text exclusively for his own use. He does not acquire the right to publish the retrieved text. In particular, subject to the provision in 6.2, the Customer is also not entitled to reproduce, modify, distribute, add to, permanently store, in particular to use for the construction of a database, or, insofar as the Customer did not act for a client, to transmit to third parties the texts retrieved or printed out by him in whole or in part. All rights, in particular the copyrighted rights of usage and exploitation of the provided texts are exclusively ours in relation to the Customer.
6.2 We offer our studies in two different licence forms:
– Single-Site-Licence: Up to five (5) users of the Customer can access the study within one location for their own operational purposes.
– Enterprise-Licence: The Customer and all subsidiaries can access the study at all company locations for their own operational purposes.
Any other use is prohibited.
6.3 Intellectual property rights, copyright and other protective notices contained in the text documents may neither be removed nor violated in any other way. Such violations represent a violation of the law which can be persecuted under civil and criminal law.
6.4 If the Customer revokes the contract after receipt of the object of sale, he must irrevocably delete or remove all text files and destroy all physical copies of the same (e.g. printouts in paper form) and give us a written declaration of this.
7. SEVERABILITY, PLACE OF PERFORMANCE, PLACE OF JURISDICTION, GOVERNING LAW
7.1 The Customer can view our data protection regulations at http://bio-based.eu/reports/dpr.
7.2 Should any of the above provisions be or become void, this shall not affect the validity of the remaining provisions.
7.3 Hürth is agreed as the place of performance.
7.4 The place of jurisdiction for all disputes arising from the business relationship between us and the Customer is in Hürth.
7.5 These GTC are subject to German law excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Version: 30 January 2019