General Business Conditions
by Redaktion (comments: 0)
Date: January 1st 2006
1. Content and Use of the Portals
(1) "The Online Service Organic-Market.Info" provides, via the internet portal www.Organic-Market.Info, information and facts about organic supermarkets, specialist whole food stores in Europe, organic manufacturers and wholesalers as well as the subject areas relevant to them. These General Business Conditions contain the conditions under which the services provided by Kai Kreuzer, Liebigstr.12, D-36341 Lauterbach (hereafter called "The Online Service Organic-Market.Info") can be used.
2) A fee must be paid for the use of the information provided on the portals in the form of an online subscription. The user pays a single annual fee for the use of the service. It is calculated according to the number of readers sharing the service. Co-readers are people who read the information online or read copies of the information on permanent data carriers and have to pay for the service.
(3) "The Online Service Organic-Market.Info" enables the user to access on the internet information from its cooperating partners. The responsibility for the content and the legal responsibility for the services provided on the sites of such cooperating partners lie solely with the cooperating enterprises named on those sites. If their services are used, contractual relationships are created exclusively with those enterprises under their conditions which apply at the time.
2. Permission to use the Portal
(1) The condition for using services for which a charge is made according to 1.paragraph 2, is that prior permission to be a user has to be granted by "The Online Service Organic-Market.Info". In order to obtain this permission, the user must be registered via the portal or by fax or post with "The Online Service Organic-Market.Info", and he must supply correctly and in their entirety the details indicated as obligatory. The user, by sending his registration to "The Online Service Organic-Market.Info", agrees to comply with these General Business Conditions. After this procedure, the user is informed of his permission to use the online services by e-mail. The invoice will be sent by post.
(2) When he registers, the user chooses a user name. A password to accompany the user name is given to the user together with the confirmation of registration. The user name must not infringe the rights of third parties and must not contravene acceptable moral standards. The user pledges to ensure that no unauthorized third parties have knowledge of his password. If the password nevertheless becomes known to third parties, or if the user suspects this has happened, the user is obliged to inform "The Online Service Organic-Market.Info" of this eventuality without delay.
(3) The user does not have a right to be given permission by "The Online Service Organic-Market.Info" to use its services. The service moreover has a right to cancel its permission at any time without stating reasons and without prior notice, in particular if
a) it is suspected that false details have been given in the registration procedure,
b) abuse of the services of the portals is suspected or is apparent,
c) the functioning of the portals is damaged or in any way impaired,
d) these General Business Conditions are infringed in any other way.
"The Online Service Organic-Market.Info" expressly reserves the right to pursue claims for damages.
(4) Every user is entitled to cancel his registration at any time in compliance with the conditions defined in these General Business Conditions. The user is obliged to inform "The Online Service Organic-Market.Info" of cancellation in writing at the address given in 1. paragraph (1).
3. Rights of Use
All rights are reserved. "The Online Service Organic-Market.Info" or the stated provider or producer owns the copyright and other protective rights for the portal, including layout, source text and software, and their contents. The contents of the websites of the portal must not be reproduced or stored, processed, duplicated or propagated using electronic systems without the written authorisation of "The Online Service Organic-Market.Info". The exception to this is the storage in the main memory of the user's own computer and the printing of single pages for personal use.
4. Data Protection and Use of Data
(1) "The Online Service Organic-Market.Info" is entitled to collect, store, process and use for its own purposes personal data provided the law permits, and in particular in compliance with the current regulations of the Data Protection Law of the Federal Republic of Germany and of the Teleservices Data Protection Law.
(2) "The Online Service Organic-Market.Info" is only permitted to pass on these data to third parties after the user has given agreement. This agreement must be in writing.
5. Liability and Exclusions from Liability
(1) The published information and news have been researched with the greatest care. Nevertheless, neither "The Online Service Organic-Market.Info" nor its cooperating partners can accept liability for correctness. News and articles are sometimes based on communications from news agencies or are made available by external information services. All published information and news are examined by the editorial staff. A guarantee of current validity, correctness and availability is not given.
(2) "The Online Service Organic-Market.Info" does not accept liability for damages arising from disruptions, delays, false data, errors, interruptions that can occur in the operations of "The Online Service Organic-Market.Info" or in the operations of suppliers of "The Online Service Organic-Market.Info", provided that the damage does not arise because of an intentional or grossly negligent infringement of contract by a legal representative or a subagent of "The Online Service Organic-Market.Info". No liability whatsoever is accepted for the content of other people's internet sites to which readers are referred by the portal via a link within the internet sites. "The Online Service Organic-Market.Info" draws attention to the fact that articles published in the portals do not necessarily reflect the views of the portal provider. "The Online Service Organic-Market.Info" cannot be held responsible for consequential damages of third parties if the user relies on the correctness, completeness and availability of information.
(3) "The Online Service Organic-Market.Info" is not liable in the operating of the portals for actions of cooperating partners or their employees.
(4) The portals are normally available 24 hours a day. However, "The Online Service Organic-Market.Info" guarantees neither that they can be accessed nor that certain results can be achieved through the use of the portals. "The Online Service Organic-Market.Info" as provider of the portals or the companies/persons commissioned by it reserve the right to turn off the system for a short time for maintenance.
6. Conclusion of Contract
A user contract comes into effect between the user and "The Online Service Organic-Market.Info" when "The Online Service Organic-Market.Info" accepts in writing or by e-mail the submission of the user requesting registration.
7. User Fees and Billing
(1)The level of payment for the services of "The Online Service Organic-Market.Info" is in accordance with the contractual agreement.
(2) The version of the price list valid at the time for the portals determines the type and level of all fees. The user is informed about the price list via the portals.
(3) Payment of invoices issued by "The Online Service Organic-Market.Info"" in accordance with the contract is due within 14 days from the date of invoicing.
(4) All payments to be made by the user include the statutory Value Added Tax.
8. Period of Validity of the Contract and Termination
(1) The period of validity of the contract begins on the contractually agreed date. If no such agreement exists, the period of validity of the contract begins when the services are switched on.
(2) The contract for the use of the portals, for which a fee must be paid, runs for 12 months, provided that nothing else has been agreed. The contract allows for a special right of termination within the first four weeks after the contract comes into effect. In this case, a single payment of 20 euros (net) is required to cover use and processing. The contract is extended automatically by further periods of 12 months if it has not been terminated in writing by, at the latest, 14 days before the contract expires. In the case of 3-month and 6-month contracts, automatically extending the contract does not apply.
As the operator of the portal "The Online Service Organic-Market.Info" reserves the right to alter the current General Business Conditions unilaterally. Such alterations take effect when the new conditions are made known on the internet. The General Business Conditions that apply at the time of use constitute the legal basis for the use of the portal. Furthermore, "The Online Service Organic-Market.Info" is entitled to alter the services provided by the portal at any time. The services that are being provided can be extended at its discretion and, after timely advance notice, restricted or totally suspended.
10. Applicable Law
The use of the portal and claims arising from this use are subject exclusively to German Law.
11. Place of Fulfilment and Court Venue
(1) The place of fulfilment is the location of the registered office of "The Online Service Organic-Market.Info" , provided nothing else has been agreed. The place of fulfilment for payments to "The Online Service Organic-Market.Info" is the registered office in 36341 Lauterbach/Germany.
(2) In the event of legal proceedings against "The Online Service Organic-Market.Info", the courts in Lauterbach shall have exclusive jurisdiction.
12. Salvatory Clause
If individual regulations in these General Business Conditions are or become void, the validity of the other regulations is not affected. The invalid regulation must be replaced by a valid regulation that is as close as possible to the objective being pursued.
The legally binding version of these General Business Conditions is the version in German.
In case of cancellation of the subscription until 2 weeks after subscribing, the paid amount will be refunded. All payments of Organic-Market.Info/Bio-Markt.Info will be made to the bank account or the credit card account the money came from. You will be informed by e-mail about the credit memo. In case the amount of the subscription has not been paid yet, the bill will be invalid by cancellation of the subscription order.