General Terms and Conditions (GTC) of B+L Marktdaten GmbH, D-53111 Bonn, Markt 26 ("B+L")
§ 1 General - Scope of application
- These terms and conditions apply to all present and future business relationships. Deviating, conflicting or supplementary general terms and conditions, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
- These terms and conditions apply exclusively to entrepreneurs, i.e. to natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, which is acting in the exercise of a commercial or independent professional activity.
- The offer, which can be accessed via www.marktdaten.de and www.BL2020.com among others, is directed exclusively at entrepreneurs within the meaning of § 14 BGB, i.e. natural or legal persons or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
- B+L does not offer market research products for sale to minors or consumers within the meaning of § 13 BGB (German Civil Code).
§ 2 Offer and conclusion of contract
- All offers on our website are non-binding and subject to confirmation. This applies in particular to prices, illustrations and brochures.
- The basis for the conclusion of the contract is B+L's respective offer, in which the scope of services and remuneration are specified. Offers made by a customer shall be accepted by B+L by written confirmation or by direct provision of services.
§ 3 Dates
- Deadlines and appointments must be agreed in writing. B+L shall endeavour to meet the agreed deadlines. Failure by B+L to meet the agreed deadline shall only entitle the customer to assert the rights to which it is legally entitled if it has granted B+L a reasonable grace period of at least 14 days. This period begins with the receipt of a reminder letter to B+L.
- The client may withdraw from the contract after the unsuccessful expiry of the grace period. B+L shall only be obliged to pay compensation for damages arising from the title of default in the event of intent or gross negligence.
- Unavoidable or unforeseeable events - in particular delays on the part of B+L contractors - shall release B+L in any case from compliance with the agreed delivery date. The same shall apply if the customer is in default with his obligations necessary for the execution of the order (e.g. provision of documents or information). In this case, the agreed date shall be postponed at least to the extent of the delay.
§ 4 Prices and invoicing
- All prices are quoted exclusive of the statutory value added tax applicable at the time.
- Unless otherwise agreed, invoices are payable immediately without deduction. In the event of default in payment by the Client, B+L reserves the right to charge default interest at the statutory rate. Agreed terms of payment - deviating from these terms of business - require the written form and are only valid for one order of the customer.
- Orders under 10,000 EUR will be invoiced immediately after delivery. For orders over EUR 10,000, 50% of the order value will be invoiced when the order is placed. The remaining 50% will be invoiced after complete delivery.
- The invoice is issued by e-mail as a PDF file for orders in the online shop or by post for all other orders.
§ 5 Right of revocation; non-existence and exclusion of the right of revocation
- The right of revocation does not apply to distance contracts for customers who purchase market research products for their commercial or independent activity (i.e. who are not consumers within the meaning of § 13 BGB).
§ 6 Copyright
- The customer expressly acknowledges that all copyrights and industrial property rights to all products created in the execution of the order (studies, data, evaluations, analyses) remain with B+L. The customer undertakes to refrain from doing anything that could in any way impair B+L's property rights, copyrights or industrial property rights in the products.
§ 7 Passing on to third parties
- The products are intended exclusively for internal use for the customer's own business purposes. Any resale or transfer to third parties (also to companies associated with the customer under company law), whether in return for payment or free of charge, is excluded, as is their full or partial use on behalf of or in the interest of third parties. Third parties are natural and legal persons who do not directly belong to the customer's company.
§ 8 Exclusion of liability, error
- The services are provided with the necessary care and diligence. However, B+L is not liable for the correctness and completeness of the content and results of the products.
- Warranty claims and - insofar as they are not based on intent or gross negligence on the part of B+L - claims for damages due to incorrect or incomplete content or results of the products are therefore excluded.
- B+L shall otherwise only be liable for damage caused intentionally or by gross negligence.
9.1 Copyright and other rights
- The lectures and event documents issued are protected by copyright and may only be used for personal purposes. Rights of use shall only be transferred by express written granting of the right of use. Any duplication, distribution, processing or public reproduction of any kind is not permitted without the written consent of the organiser.
- Sound and video recordings and descriptions of the event, the event results in whole or in part are not permitted or require the approval of the organizer.
9.2 Pictorial material/photographs
- The participants of the event irrevocably and free of charge agree for all present and future media that the organizers are entitled to create, duplicate, broadcast or have broadcast video and/or audio recordings of his person which go beyond the reproduction of an event of the current events as well as to use them in audiovisual media.
- The participant can visit the event website without leaving any personal data. Personal data is only collected if the participant provides it voluntarily (e.g. when using services on the website such as purchasing tickets or registering for the event, sending a message via the website or registering as a user of the website). Beyond that no personal data are raised.
- The data collected from participants for an event will be stored, changed and transmitted by the organisers exclusively for the fulfilment of their own business purposes. This is necessary for the execution of the contract.
- With consent to these GTC, the participant declares: I agree that my personal participant data may be stored by the organisers in machine-readable form and may be collected, used, processed within the scope of the purpose of the organisation of the event and displayed on the participant list of the event for public access by anyone. I can revoke this at any time by e-mail to the organizer.
§ 10 Applicable Law, Place of Performance and Jurisdiction
- The law of the Federal Republic of Germany applies exclusively.
- Place of performance is Bonn.
- The place of jurisdiction for all disputes between B+L and the customer arising out of or in connection with the contract shall be the German court locally and factually competent for the registered office of B+L.
§ 11 Final provision
- All agreements, subsequent changes, additions, etc. must be in writing to be valid, including the original signature. This also applies to deviations from the written form requirement.
- Should individual provisions of the contract including these provisions be invalid in whole or in part, or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which comes as close as possible to the meaning and purpose of the invalid provision. The missing provision shall be replaced by a valid provision which the parties would have agreed in accordance with the purpose of the contract if they had been aware of the loophole.
AGB version from 11.6.2014