General Terms and Conditions
Any contracts made between the Customer
and
Ibis International (Wirtschaftsauskünfte) GmbH,
represented by the Managing Director Mr Bernd Schwartz
Marienhölzungsweg 32 24939 Flensburg
Commercial Register No. 1277 FL
Phone: +49 (0)461 / 54081
Fax.: +49 (0)461 / 54082
E-Mail: info@
ibis-international.com
VAT ID-No.: DE134645152
are based on these General Terms and Conditions of Business (GTC).
1. General
1) These General Terms and Conditions in the version valid at the time of contract conclusion apply. Any General Terms and Conditions of the Customer deviating therefrom will not be recognized unless expressly accepted by IBIS as valid.
2) IBIS reserves the right to amend these General Terms and Conditions at any time, and to adapt them to any changes in technical conditions or changes in law, or in the event of any gap in their provisions.
3) If any special conditions have been negotiated and agreed in detail between the contract parties, such conditions shall have precedence over the provisions of these General Terms.
2. Object of contract
1) The object of contracts between Customer and Ibis International is the research and provision of business information concerning national and international individuals or legal entities.
2) Any enquiry shall be deemed to constitute an order for compilation or procurement from third parties of information about business companies and individuals in the format of a business information report. IBIS does not vouch for or accept liability for its sources and the data and information procured from them.
3) IBIS is not obliged to disclose to Customer where relevant information was obtained, unless statutory entitlements to discovery demand such disclosure. IBIS does not warrant that it exploits all generally accessible sources of information for the purpose of rendering the information requested.
4) If the information concerning the individual or business entity identified by the Customer and the information rendered by IBIS do not concur, Customer shall not make use of the data transmitted. In the event of any discrepancy between the requested data and the information delivered by IBIS, IBIS will request Customer to verify the relevant data once again.
3. Contract
1) Contracts are concluded exclusively with business enterprises and/or commercial customers. IBIS does not provide any services for consumers in the meaning of Sect. 13 German Civil Code.
2) A contract is concluded exclusively by means of written enquiry transmitted by letter, or by telephone, fax or e-mail.
3) IBIS offers are always non-binding and subject to change. A contract with IBIS comes into being only after acceptance of these General Terms and Conditions and a confirmation of the order. A contract is executed also by transmission of the requested information and/or the delivery of the service.
4) IBIS may refuse acceptance of a contract without stating any grounds. In that case any compensation already paid shall be refunded.
4. Duration of contract
Unless terminated prematurely, a contract is valid for the rendering of one business information report. The total price is calculated per information request and advised to the customer prior to confirmation of the order.
5. Prices and payment terms
1) The price for the relevant contract is to be agreed individually and prior to conclusion of the contract. All prices are net and stated in Euro.
2) The customer has the following exclusive payment options:
• Bank transfer up front
• Bank transfer against invoice
• Direct debit order.
No other mode of payment is accepted.
3) Unless paid by bank transfer up front or by direct debit order, the invoiced amount is due for payment to the account stated in the invoice within 10 days from receipt of invoice which will contain all information needed for the bank transfer.
Payment is due without any deduction. Once the specified term of 10 days from receipt of invoice has lapsed, Customer is considered to be in default, even if no payment reminder has been issued. In the event of default, IBIS shall be entitled to bar the Customer from obtaining any further services until the outstanding amount has been paid in full.
4) The Customer does not have any right of retention that is not based on the relevant contract relationship. Offsetting the owed amount against any claims on the part of the customer against Ibis International is excluded, unless such claims are unchallenged and determined without further legal recourse.
6. Right of revocation
The provisions applicable to distance sales transactions are not applicable to customers who are contractors/entrepreneurs. Therefore, such customers are not entitled to any right of revocation under the provisions of distance sales contracts. Neither does IBIS grant such right.
7. Liability disclaimer
Insofar as not indicated otherwise on the following grounds, any damage claims by the Customer are excluded. This also applies to the representative and vicarious agent of IBIS should Customer demand indemnification from them. Not included are Customer’s claims for indemnification because of injuries to life and limb, health or cardinal contractual duties which need to be discharged in order to meet the objective of the contract. Neither included are damage claims because of gross negligence or malicious breach of duty on the part of IBIS or its legal representative or vicarious agent.
8. Language, legal venue, applicable law
1) Contract language is German.
2) The laws of the Federal Republic of Germany apply exclusively. With reference to consumers such laws apply only to the extent that legal provisions of the Customer’s state of residence or where Customer has its habitual residence are not curtailed in any way.
3) In case of dispute with customers who do not qualify as consumer, corporate body under public law, or public separate estate the competent courts at the place of the principal office of IBIS shall have jurisdiction. IBIS is also at liberty to resort to legal action against the Customer at its general legal venue.
9. Data protection
IBIS gathers, stores and processes data in connection with the initiation, conclusion and execution of contracts based on these General Terms and Conditions. This is done in compliance with legal provisions. IBIS will not disclose any of Customer’s person-related data to third parties, unless it is obliged to do so by law or unless Customer has given its prior express consent. If any third party is used for services in connection with data processing, this is always done subject to the provisions of the German General Data Protection Regulation and the German Federal Data Protection Act. The data communicated by Customer when placing the order are used exclusively for the purpose of establishing contact in the course of executing the order and processed only for the purpose for which the Customer has provided them. The data will be disclosed to the relevant enterprise only on a need-to-know basis. Payment details are disclosed to the financial institution charged with the payment. To the extent IBIS is subject to any data storage obligation in terms of trade or tax regulations, some data may be stored for a period up to 10 years. If the Customer so requests, person-related data are deleted, corrected or blocked within the scope of the statutory provisions. Voluntary information regarding all person-related data of the Customer may be provided. For any queries and requests for deletion, correction or blockage of data as well as in respect of the collection, processing and utilization of data, Customer should contact us at the following address:
Ibis International (Wirtschaftsauskünfte) GmbH,
Marienhölzungsweg 32, 24939 Flensburg (Germany)
Phone: +49 (0)461 / 54081
info@ibis-international.com
9. Severability clause
1) The invalidity of any provision of these General Terms and Conditions will not affect the validity of the remaining provisions.
2) The parties undertake to replace the invalid provision by a legally valid provision which is closest to the parties’ original legal and economic intentions. Similar applies to any gaps in these General Terms and Conditions that are in need of supplementation.
Date: January 2019