General Terms and Conditions (GTC) for www.datashop24.com

The provider is a service company specializing in the processing of publicly available data. These processed data sets are offered to customers for purchase in the form of downloads. The data consists of databases that the provider has not created itself but has compiled and structured using information technology.

§ 1. Provider, Scope of Application

These General Terms and Conditions (GTC) govern the business relationship between the operators of the portal www.datashop24.com (hereinafter also referred to as the “Website”) and its customers.

The website www.datashop24.com is operated by Pumox GmbH, John-F.-Kennedy Str. 5, 34128 Kassel, Germany (hereinafter referred to as the “Provider”).

Only the following GTC in their current version at the time of order apply to the business relationship between the Provider and the customer. The customer’s own terms and conditions do not apply unless explicitly agreed upon by the Provider.

Our services are directed exclusively at business customers.

Our services are not intended for resellers. No right of resale is granted by the Provider. Therefore, the Provider does not enter into contracts with customers who purchase the data solely to resell it for profit.

§ 2. Subject Matter of the Contract

The subject of the contract is the purchase of databases in their current version. Details, particularly the key characteristics of the products, can be found in the product descriptions and additional information on the Provider’s website.

The purchased database can be downloaded by the customer as often as desired and in any offered file format within 30 days after delivery. After this period, the download link will be automatically deactivated.

The database reflects the state of the data at the time of purchase. The customer is not entitled to a newer version of a database if the Provider releases one after the conclusion of the contract. There is no claim to updates.

The processed data is sourced from publicly accessible sources. The Provider does not verify the completeness, accuracy, or currency of the data.

Furthermore, the Provider makes no guarantees regarding the usability of the databases. The customer is solely responsible for the lawful use and processing of the data. This applies especially to the use of data for marketing purposes. It is the customer’s sole responsibility to determine whether the database is suitable for the intended use and whether the specific use complies with legal requirements.

§ 3. Conclusion of the Contract

The contract can be concluded in the following language:

• German

By listing a product on the website, we make a binding offer to conclude a contract under the conditions stated in the product description.

Customers can select products and place them in a virtual shopping cart by clicking the “Add to cart” button. Using the navigation bar, customers can view and modify their cart at any time.

On the “Checkout” page, after entering personal and payment details, all order data will be displayed again.

Before submitting the order, the customer has the opportunity to review and modify all entries or cancel the purchase.

By clicking the “Place binding order” button, the customer accepts the offer, thereby concluding the contract.

Immediately after submitting the order, the customer receives an order confirmation at the provided email address.

§ 4. Contract Text

The Provider’s GTC can be viewed, printed, or saved at any time on the page www.datashop24.com/terms-and-conditions/.

We store the contract text and send the customer the order details and our GTC by email with the order confirmation. The contract text is not accessible to the customer after the order.

§ 5. Prices

All prices are net prices plus VAT at the applicable rate.

Payment is due immediately and without deduction.

§ 6. Delivery

After payment has been received, the database is made available in the user area on www.datashop24.com and via a download link sent by email.

§ 7. Warranty

The customer’s warranty rights require compliance with the inspection and notification obligations under §§ 377, 378 of the German Commercial Code (HGB).

Warranty claims due to defects, excluding claims for damages, expire after one year. The limitation period begins when access to the contractual item is granted.

§ 8. Liability

The Provider is only liable for damages, regardless of the legal grounds, if they were caused intentionally or through gross negligence.

This limitation of liability does not apply:

• to damages resulting in injury to life, body, or health;
• in the case of breach of essential contractual obligations (cardinal obligations);
• in cases where the Provider has given express guarantees;
• or in cases where mandatory statutory provisions apply.

In the event of a slightly negligent breach of a cardinal obligation, the Provider’s liability is limited to typical, foreseeable damages at the time of contract conclusion.

If the Provider’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and agents.

§ 9. Rights of Use

The customer receives a simple (non-exclusive), non-transferable, non-sublicensable, unlimited right in terms of time and geography to download, store, display, and use the databases.

The customer may use the databases only within their own business and for internal business purposes.

Any further use – especially reproduction, creation of copies of substantial parts, modification or editing, public presentation, distribution, or broadcasting of substantial parts of the database – is prohibited without the Provider’s explicit consent, unless permitted by § 87c para. 1 of the German Copyright Act for non-commercial use.

§ 10. Data Protection

The Provider processes customers’ personal data in accordance with the provisions of the GDPR and the German Federal Data Protection Act (BDSG).

Further information can be found in our Privacy Policy at www.datashop24.com/privacy-policy/.

§ 11. Applicable Law, Jurisdiction, Place of Performance

This contract is governed by German law, excluding private international law (PIL) and the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory legal provisions apply otherwise.

For all claims arising from or in connection with the purchase contract, including these GTC, the exclusive place of jurisdiction shall be the Provider’s registered office, provided the customer is a merchant, legal entity under public law, or special fund under public law. The same applies if the customer relocates their residence abroad after contract conclusion or has no general place of jurisdiction in Germany.

The place of performance is the Provider’s registered office.

Version as of August 2024