General/scope of application
For the business relationship between Mücksch & Tullius GbR and the user/customer the following general terms and conditions apply.
By using the services of Mücksch & Tullius GbR, the user accepts these General Terms and Conditions.
Mücksch & Tullius GbR does not recognize deviating conditions of the user.
Services of Mücksch & Tullius GbR
Mücksch & Tullius GbR acts as a service provider for the creation and mediation of data records that have been created according to the user’s requirements.
Purchase
The following conditions apply to the purchase of a data record: If the data are offered against payment, the release of the data takes place only after complete payment.
Mücksch & Tullius GbR reserves the right to withdraw from the purchase and to cancel the order. A valid purchase contract is only concluded with delivery. An order, order confirmation or a payment does not yet trigger a valid purchase contract. The offer is subject to confirmation.
Due date, invoicing
The invoiced amounts are due immediately. The data record is transmitted within four working days of payment. An invoice will be sent to the user by email.
Granting of rights
With the purchase of an article, the user acquires a simple right of use to the data set. This is limited to use by the user himself. The user may use the data privately and commercially, provided that he does not resell or sublet them – even in part or as part. Also the passing on or making accessible of the data set – also in parts – and the access data for downloading to third parties is prohibited. Publication on the Internet, e.g. on websites, search engines, etc., is prohibited. For the publication of the data a separate written agreement is necessary. The use of the data by third parties outside the legal entity of the buyer – also within a separate company group – is only permitted with justified interest.
The user acts on his own responsibility when using the data after acquisition and must comply with the applicable legal regulations. Mücksch & Tullius GbR does not guarantee the suitability of the use of the data records for a certain purpose and is not responsible for legal violations of the user. The buyer exempts Mücksch & Tullius GbR from any claims of third parties in the internal and external relationship in the case of the illegal use of the data set.
It is pointed out that in the case of address data there is no express consent of the address owner or consent to the receipt of advertising (opt-in) or the use of the address. The purchaser himself is responsible for how he uses the address data received and may not rely on permission from the data supplier. As a rule, telephone advertising without the prior consent of the subscriber or contact by telephone, fax or e-mail for marketing purposes without the subscriber’s prior consent is illegal. The purchaser bears sole responsibility for using the data in accordance with all national and international laws, guidelines, provisions and regulations.
The client indemnifies Mücksch & Tullius GbR against all legal claims of third parties arising from the misuse and resulting infringement of third party rights. The supplier is liable for all costs arising from a violation of rights and assumes Mücksch & Tullius GbR’s liability for the consequences of a violation of rights resulting from improper use.
Liability
A liability of Mücksch & Tullius GbR is limited to intentional or grossly negligent violation of the rights of suppliers or users. Liability for defects is excluded.
Mücksch & Tullius GbR neither explicitly nor implicitly assures the suitability of a data set for a specific purpose. In particular, the buyer is responsible for a legally compliant use of the goods after the purchase in compliance with all legal rules and restrictions. Mücksch & Tullius GbR is not responsible for any legal violations of the buyer during use.
Revocation/rescission
As soon as the record has been made available to the buyer (e.g. by the provision of a download or the dispatch by post or email), a revocation or withdrawal is no longer possible.
Warranty/Claims
A complaint of the data is possible only within a period of 2 weeks after the purchase. A valid complaint only exists if the data deviate considerably from the description. Guarantee on a suitability for an implicit or explicit purpose or certain application case cannot be given. The topicality, correctness and completeness of a data set is never guaranteed. Incorrect data (e.g. undeliverable addresses or obsolete telephone numbers) are unavoidable in principle. There is no claim to compensation for any resulting expenses, e.g. postage, brochures, shipping costs or reimbursement of the purchase price. In the event of a justified complaint, the supplier shall be granted a reasonable period of time for subsequent performance. The justified complaint must be proven by the buyer. If the complaint is not fulfilled within this period, the customer is entitled to a (proportionate) reduction of the purchase price. Damages, processing costs, loss of turnover or other costs cannot be claimed.
Resale
Mücksch & Tullius GbR reserves the right to use the data records created within the framework of orders and their description in whole or in part for its own advertising and to offer them to other interested parties for sale.
Breach of contract
In the event of an intentional or negligent breach of the terms of use stipulated in these General Terms and Conditions, the Buyer shall be obliged to pay a contractual penalty in the amount of twenty times the purchase price charged for the order, subject to further claims for damages for each case of breach. The submission of a single, unambiguous control date is sufficient proof of the infringement.
Jurisdiction
The place of jurisdiction is Leipzig.
Data protection
Mücksch & Tullius GbR collects and processes personal information of suppliers and users for the purpose of contract processing in accordance with data protection laws.
In the case of payment by the user via digital payment services, the user data is automatically transferred and treated confidentially in accordance with the data protection laws.
Severability clause
Should individual clauses or parts of these GTC be invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by the effective provision which comes closest to the will of the parties.