A. Terms and conditions of Datashop24.com
B. Instructions on withdrawal
C. Sample withdrawal form
A. Terms and conditions of Datashop24.com
1. Provider, scope, definitions
- The following terms and conditions defines the commercial relationship between the administrator of Datashop24.com (referred to as “the Internet website”) and the customers (referred to as “users”).
- The website Datashop24.com is administrated by Pumox GmbH, John-F.-Kennedy Str. 5, 34128 Kassel, (referred to as “provider”).
- By placing an order, customer acknowledges provider’s terms and conditions as binding. The customer’s additional terms and conditions will not form part of the contract, unless the provider expressly agrees to them.
- In order to place an order on the website, customer must be 18 years old.
- Customers are private persons (consumers) within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into the relevant legal transaction for a purpose that cannot be largely attributed to their commercial or independent professional activity. In other cases, customers are entrepreneurs in accordance with § 14 of the German Civil Code (BGB).
- The offer is not addressed to resellers, which means that the provider does not grant any resale right. The provider does not enter into contracts with customers, who purchase the subject of the contract exclusively for the purpose of reselling it to third parties for profit.
2. The subject of the contract
- The provider is a service provider of datasets and specialises in processing publicly available data. The content created in such a way is offered to the customer for purchase as a downloadable file. Provider does not create the data which a dataset covers, but collects and compiles already existing data.
- Customer can download the datasets as often as required, in any of the offered formats within three months after the contract was concluded.
- The subject of the contract is a one-time purchase of ordered datasets. Customer is therefore not entitled to receive any newer version of the dataset available after the contract was concluded. The customer does not have the right to “update” the subject of the contract.
- The provider does not check the datasets for correctness and completeness, so it is the customer’s responsibility to examine the data before the usage.
- Moreover, the provider does not provide any guarantees regarding the use of the datasets. The customer is therefore solely responsible for the lawful using and processing of the data. This applies in particular to the use of data by customer for marketing purposes.
3. Conclusion of the contract
- Customers can choose products from the offers presented on the website and add them to the so-called “cart” by using the “Add to cart” button. By using the button “Order with obligation to pay”, the customer accepts the service provider’s offer concerning the purchase of the services included in the cart. Before accepting the offer, the customer can display and change both the personal data and the data of the order at any time.
- From the moment of concluding the contract, the customer has the possibility to download the subject of the contract (by using the “Download” button) within 1 month. The provider is entitled to cancel the customer’s rights for downloading the purchased datasets after one month.
4. The binding character of “FAQ”
- The provider publishes the extended information about the offers on the website www.Datashop24.pl/faq.
- The information and regulations contained there become part of the service description and thus the basis of the contract between the provider and the customer.
- Customers confirm that they have read and understood the contents mentioned above.
5. Prices, payment conditions
- The prices of the ordered services are explicitly communicated to customer before the conclusion of the contract.
- The prices include the statutory Value Added Tax.
- Payment is made by using the offered payment methods.
6. Liability under German Telemedia Act (TMA)
Customers recognise that the provider shall not be liable in any way for the content that he has either not created or not acknowledged himself.
- The German warranty law applies.
- To the Customers, who are entrepreneurs, apply the following rules: With the exception of claims for damages, warranty claims due to material defects shall become statute-barred after one year. The statute of limitations begins together with the granting of the possibility of use of the subject matter of the contract.
8. Liability, warranty
- The following exclusions and limitations of liability apply to the provider’s liability for damages, notwithstanding the other legal requirements for claims.
- The provider is fully liable without any limitation if the cause of damage is based on willful misconduct or gross negligence.
- Furthermore, the provider is liable for the slightly negligent violation of essential obligations, which endangers the achievement of the purpose of the contract or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible and on the observance of which the customers rely. In such a case, however, the provider shall only be liable for foreseeable damage typical for the contract and not for the slightly negligent breach of obligations other than those mentioned before.
- As far as the liability of the provider is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents. A guarantee is not assured.
9. Data protection
- The personal data is processed by the provider in accordance with the statutory provisions of the General Data Protection Regulation (GDPR) and Federal Data Protection Act (BDSG).
10. Online dispute resolution, dispute resolution
- The EU Commission’s online dispute resolution platform (OS platform) is available at the following link: https://ec.europa.eu/consumers/odr/
- The supplier is neither obliged to nor interested in taking part in the dispute resolution procedure before consumer arbitration.
11. Applicable law, language of the contract, text of the contract, place of jurisdiction. Place of supply of services
- German law shall apply to this contract, excluding private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), provided there are no material provisions to the contrary.
- The language of the contract is English.
- The body of the contract is not saved by the provider. The terms and conditions are available on the provider’s website that they can be printed from.
- Jurisdiction in civil procedural law shall lie solely with the Member State in which the provider is established.
B. General terms of termination and withdrawal
The customer has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the date of conclusion of the contract.
In order to exercise the right of withdrawal from the contract, the Customer should contact the provider (Pumox GmbH, John-F.-Kennedy Str. 5, 34128 Kassel, telephone: +49 561 473 953 30, e-mail: [email protected]) and by means of a clear statement (e.g. letter sent by post, fax or e-mail) inform him about the decision to withdraw from the contract. For this purpose, the customer may use the attached withdrawal form, although this is not required. In order to meet the withdrawal deadline, it is sufficient for the withdrawal decision to be sent within 14 days from the conclusion of the contract.
Consequences of withdrawing from the contract
In the case of withdrawal from the contract, the provider is obliged, at the latest within fourteen days after receiving the notice of withdrawal, to reimburse all payments received from the withdrawing party, including delivery costs (with the exception of additional costs resulting from the fact of choosing a different delivery method than that offered by the provider). For the reimbursement of payments, the provider applies the same payment method as used by the customer in the original transaction, unless expressly agreed otherwise; under no circumstances will any additional fees be charged for the reimbursement.
Where the customer has requested the performance of services before the end of the withdrawal period and has subsequently decided to withdraw from the contract, he shall be liable to pay for the services provided until withdrawal. The amount of the payment shall be calculated pro rata to the extent of the performance, taking into account the price agreed to in the contract.
Note on the right of withdrawal (which is not to be viewed as part of the notice of withdrawal)
Please note that the right of withdrawal does not apply when the supplier has fully performed the service with the express consent of the customer, who was informed before the performance began that he will lose the right of withdrawal after performance.
C. Withdrawal form
(If you wish to withdraw from the contract, please send the completed withdrawal form to the supplier)
John-F.-Kennedy Str. 5
E-Mail: [email protected]m
I/we(*) hereby withdraw from the contract concluded with me / us (*) for the purchase of the following goods (*)/provision of the following service (*)
ordered on (*)/received on (*)
– the name of the consumer(s)
– address of the consumer(s)
– signature of the consumer(s) (only for paper submissions)
(*)Delete as appropriate