General terms of trade (GTT) from www.medicalflat.at
www.medicalflat.at is a product of Stettin Direct Marketing (the following SDM named).
The following GTT regulate the commercial relation between SDM for his product www.medicalflat.at and his customer. The service from www.medicalflat.at is directed exclusively at commercial customers. Divergent regulations and GTT of the customer who stand with these GTT from www.medicalflat.at in opposition are only valid if SDM explains itself in writing with it agreed.
SDM is entitled at any time to change the GTT from www.medicalflat.at or to supplement; SDM gives access in this case to his customers to the changed GTT. The customers have with regard to the changed AGB an opposition right which they can pronounce within four weeks after announcement of the changed AGB opposite SDM. SDM is entitled to cancel the performances after exercise of the opposition right of a customer, to this and to refuse a continuation or continuation of the contract. If the customer does not contradict the changed GTT within the 4 week term, they become a contract component. With the registration, order and/or bill payment with www.medicalflat.at the customer with the GTT of www.medicalflat.at ones explains himself agreed.
1. Validity of the general terms of trade
SDM unwinds all contracts and performances from www.medicalflat.at exclusively on the basis of this GTT. These GTT are considered to all - also future - business relations with the customers from www.medicalflat.at. An explicit or tacit renunciation of rights from these conditions and separate cases does not touch the effectiveness of the conditions incidentally business. Herewith terms of trade of a business partner who conflict our GTT are rejected, without it requires of an opposition distinct strictly again in the individual case. If conditions of the business partner are recognized on the part of SDM exceptionally, this is considered only to the special business and only in the range when this is strictly arranged.
2. Commercial purpose
Customers from www.medicalflat.at can access after contract end and taking into account this GTT and taking into account the legal regulations without reservation the addresses of the data banks from www.medicalflat.at on-line, select addresses according to given choice criteria and on their computer downloading. The customers can use the addresses during the arranged contract term for their enterprise given in the registration.
3. Completion of the contract
3.1. SDM concludes contracts with regard to his product www.medicalflat.at exclusively with craft-driving customers; private individuals may not use the on-line service www.medicalflat.at.
3.2. The contract between SDM with his product www.medicalflat.at and the customer comes about if the customer announces himself in writing about a purchase order or on-line about the homepage and this customer's application is confirmed within two weeks in writing on the part of SDM. The customer is only responsible for the correctness of his information.
3.3. SDM is also entitled to accept the offer of the customer by to the disposal position of the access data to the customer, the contract also comes about with it.
Commencement of a contract is the bill date; after bill position the customer can use the on-line service www.medicalflat.at with the individual access data for the contract term entirely. The download of the addresses is possible only after payment entrance of the remuneration of utilization.
3.4. SDM reserves itself the right to reject a registration or a customer's application without information of reasons.
4. Achievement
4.1. The achievements from www.medicalflat.at contain the supply of the on-line data banks of medicine addresses won in the Double-Opt-In-Proceed, the possibility for the selection within the addressing data banks as well as the possibility for the download of the addresses selected by the customer.
4.2. SDM gives the unrestricted right to use for the enterprise given in the registration to the customer for this during the contract term. however, the customer has to pay attention with the use of the addresses to the regulations this GTT and the legal regulations.
5. Remuneration of utilization
For under point 4 performances to be produced SDM to the customer takes into account an annual remuneration of utilization to the amount of 699.00 EUR plus the legal value added tax, the accounting period is fundamentally annually.
SDM is entitled to raise the remuneration of utilization after written advance notice. In this case the customer does not have the right, the contract after the arranged period not far. The customer has to give in this case the obligation within four weeks after rise of the remuneration of utilization SDM in writing to news about the not wished continuation of the contract after the contract period.
6. Terms of payment
6.1. The annual remuneration of utilization to the amount of 699.00 EUR plus the legal value added tax is to be paid in advance net terms only immediately after bill position on the bank account designated in the bill.
6.2. In case of a default SDM is entitled to close the access to www.medicalflat.at for the customer up to the payment entrance occasionally.
6.3. Only after payment entrance SDM is obliged, the download by addresses freely.
7. Term of a contract and cancellation
7.1. The contract begins with completion of the contract and a year from contract date runs.
7.2. The contract is automatically extended by another year in each case connected with the remuneration of utilization growing payable in each case then of 699.00 EUR plus the legal value added tax, the contract should not be cancelled with a term of four weeks before the contract in writing to SDM. The written cancellation is to be directed in: Stettin Direct Marketing, Mr. Thomas Stettin, Nidderring 14, D-61118 Bad Vilbel, Germany. The consequence bill annual in each case is sent to the customer shortly before expiration of the contract year running in each case by SDM.
7.3. The right to the cancellation without notice remains unaffected. An important reason is present particularly, if
7.4. With contract end the data of the customer from www.medicalflat.at and SDM on their server are closed after judgement on the part of SDM or are deleted, as long as these are not needed any more for the contract processing. Over here the customer is informed only on written inquiry.
7.5. SDM is entitled, that customer who have become remarkable by businesses which could damage the respect and the call of SDM or www.medicalflat.at which offend against this GTT or legal regulations which have used wrong Anmeldedaten or have abused performances of SDM to close the access up to final clarification and if necessary to delete. In this case the customer is not entitled to use the on-line service www.medicalflat.at as well as the already downloaded addresses farther.
8. Copyright
8.1. All contents, addresses and data banks of the on-line service www.medicalflat.at are defeated by the copyright of SDM.
8.2. The layout and this GTT may be multiplicated only with previous written agreement by SDM and/or been useful on another website. The sale of the services offered within the framework of SDM into three parts is strictly subject to approval on the part of SDM. By offences SDM with all legally offered and possible means will defend itself against this.
9. Data security
The customer is pointed out that SDM raises personal data after nearer possible specification of the legal regulations valid in each case, processes and is useful, as far as this is required for the reason of the contractual relationship, the normal production of the performance as well as the account or is allowed, otherwise, according to the legal rules. The customer gets the information about kind, range and the purpose of the elevation, processing and use for the execution of this contract to required personal data by SDM at any time on written inquiry.
10. Other obligations and liability of the customer
10.1. The customer carries the exclusive responsibility for the fact that he(it) uses the on-line service www.medicalflat.at and his addresses in the harmony with all, national and international laws, rules and regulations. Particularly he binds with the acknowledgment this GTT not to be useful www.medicalflat.at and his addresses for the spreading of contents which offend against valid child protection regulations, penal rules or against the good customs.
10.2. The customer farther binds to pay attention to the addresses from www.medicalflat.at only within the framework of the legally permissible regulations with regard to the use of telephone, telefax and email.
10.3. The customer releases SDM in the inside relation and outside relation from any claims third person with the use of the addressing material from www.medicalflat.at.
10.4. All addresses as well as addition information of the addresses of the on-line service www.medicalflat.at may be used exclusively by the enterprise given with the registration directly or be started. The passing on, the resale or the other renting of these addresses is prohibited strictly. It is not permitted to add own commercial foreign promotional material. The attention of this agreement is checked on the part of SDM by control addresses which are added every addressing download. Strictly the passing on of the addresses from www.medicalflat.at is admitted to so-called service providers (Lettershops, Callcenter, EDV service provider, etc.) to the subsequent treatment on behalf of and order of the customer.
11. Liability for the addressing material
The addresses and their classification are determined by SDM or SDM of the third, also official side, transmitted. However, SDM performs no guarantee for the correctness and completeness of the addressing material. Particularly no guarantee for telephone numbers, telefax numbers and email addresses can be given, because these addition performances to the addressing material are defeated by frequent changes. At the time of the supply of the addresses in the on-line service www.medicalflat.at most addition performances bzgl. of the medicine addresses have been won in the Double-Opt-In-Proceed. These addition performances of the change are also nevertheless defeated, so that also no guarantee for their future correctness can be given. Undelivered addresses or pointless expenditures are not compensated. A claim to substitute with postage, brochure material, forwarding expenses and such as well as restitution of the annual remuneration of utilization does not exist.
12. Conventional penalty with use contrary to the terms of the agreement or use after the contract end
12.1. All downloaded addresses and addition information as for example telephone numbers and telefax numbers as well as email addresses may be used etc only taking into account the conditions under point 10.4 this GTT. Against this by deliberate or negligent offences the customer reserved of further claims for compensation is obliged for every case of the offence to the payment of a conventional penalty to the amount of 20,000.00 EUR in SDM. Besides, it does not depend on it, how many addresses or addition information of the addresses were used abusively; for the proof of the offence the model of an abusively used control address or abusively genutzen addition information of a control address is enough.
12.2. As well the customer is obliged to the payment of a conventional penalty to the amount of 20,000.00 EUR in SDM and is strictly arranged, if the customer should use the addresses or addition information of the addresses of the on-line service www.medicalflat.at as for example telephone numbers and telefax numbers as well as email addresses after the contract end etc furthermore. Besides, it does not depend on it, how many addresses or addition information of the addresses are used after the contract end furthermore; for the proof of the offence the model of a control address used after contract end or after the contract end used addition information of a control address is enough.
13. Final regulations
13.1. Jurisdiction is, as far as the law intends compellingly nothing else, Frankfurt/Main. For the case that the domicile or usual stay of the customer is unknown in the moment of the filing of an action, as well as for the case that the customer moves his domicile or usual stay from the area of application of the law after contract end Frankfurt/Main is arranged as a jurisdiction.
13.2. All explanations on the part of SDM can be produced on electronic way to the customer; this is also considered to accounts within the framework of the contract.
13.3. All agreements divergent from these GTT which can be met between SDM and the customer need the written form.
13.4. Provided that a regulation this GTT is ineffective or could become, the rest regulations of it remain unaffected. The contracting partners are obliged to replace for the ineffective regulation with such which comes the sense and the purpose of the ineffective regulation in legal-effective way economically in the next. This is also considered to possible regulation gaps.
14. Enterprise information
Stettin Direct Marketing, Managing Director: Thomas Stettin, Nidderring 14, 61118 Bad Vilbel, Germany
Phone: (06101) 9958819 - Telefax: (06101) 9958842 - Email: info@medicalflat.de
You can print these general terms of trade here and/or store on your computer.
