» Terms and Conditions
General terms and conditions for use of the database
1. Subject of the contract
The following terms and conditions apply for the use of all online services provided by musterkiste.de, Eckhard Klopp & Christian Schloh GbR, Berlin(hereon called "musterkiste.de") under the internet-address www.musterkiste.de or www.musterkiste.com. The database contains a directory of materials and manufacturers and provides an overview for the end user of products available on the market and their manufacturers. musterkiste.de does not undertake material testing with regard to technical properties. musterkiste.de is an independent service and is not affiliated with any manufacturers.
2. Contract, cost and right of cancellation
The contract between musterkiste.de and the end user for the use of the database comes into force after payment by credit card and the subsequent provision of login details to the user. The cost of using the database is given in the price list valid at the time of completion of contract. For payments per invoice, the user will receive login details per post, together with an invoice. In this case the contract comes into force after payment of the invoice or after first use of the login password, whichever occurs first. The invoiced amount is payable in full within 14 days of receipt of the invoice. In the case of non-payment, musterkiste.de reserves the right to disable the login until such time as the invoice is paid in full.
Users who are end consumers are granted the right of cancellation within a period of two weeks without the need for explanation. Cancellation can be communicated in writing, by email, by fax or telephone. The date of sending must lie within this two-week period:
Eckhard Klopp & Christian Schloh GbR
Fax: +49 (0) 30 / 6273 0509
Upon receipt of the cancellation, musterkiste.de will refund any payments the user may have already made. The right of cancellation expires after a period of two weeks or as soon as the user makes use of the database, i.e. uses the login password for the first time.
3. Services provided by musterkiste.de
Within the period of the contract, the user may make use of the database as often and as long as they wish. musterkiste.de will ensure a 97.5 % mean database availability in the year. musterkiste.de cannot be held responsible for interruptions as a result of third parties or their services, and therefore outside the control of musterkiste.de. In case of doubt, the contract is extended for a period equivalent to the period of database unavailability. Monetary compensation will not be provided.
The online-database provided by musterkiste.de as well as its contents are protected by copyright. The user agrees that use of the database is limited to private, business or internal use. Schools and educational establishments are allowed to make use of the database for preparing teaching material. All other uses are expressly disallowed. In particular, the re-use or reproduction of the database or parts thereof requires written approval from musterkiste.de. musterkiste.de is entitled to disable access to the database in the event of misuse of the database or justified suspicion thereof. In such cases, users are not entitled to a reimbursement of the contract cost.
5. Duration of contract, contract renewal and termination of contract
The contract period is one year and is automatically renewed at the end of each contract period for a further year unless the contract is terminated before the end of the contract period. In addition, contract parties are allowed to terminate the contract without notice in exceptional circumstances. Exceptional circumstances can include situations in which one of the contract parties does not fulfil the aforementioned conditions and duties and the continuation of the contract is therefore deemed unacceptable. In the case of a contract termination within the contract period that is not the fault of musterkiste.de, no monetary remuneration or partial reimbursements of the contract sum will be made to the user.
In the case of contract renewal musterkiste.de will send the user a new invoice by the last day of the first month of the new contract period. The invoiced amount is payable in full within 14 days of receipt of the invoice. In the case of non-payment, musterkiste.de reserves the right to disable the login until such time as the invoice is paid in full.
6. Liability and damages
All data provided in and by musterkiste.de has been assembled, collated and maintained with the greatest possible care and to the best of our knowledge. Nevertheless, errors, transfer mistakes and transmission errors cannot be completely avoided. musterkiste.de cannot guarantee the availability of the product in the form and with the properties stated in the database. The data available in the database is based upon the manufacturers’ details and musterkiste.de is not liable for errors or inaccuracies within this data. musterkiste.de cannot be held responsible or liable for possible financial losses or loss of income or profit resulting directly or indirectly through the use of or inability to use the data stored within the database. The exclusion of liability does not apply by malicious intent or culpable negligence on the part of musterkiste.de nor in the endangering of life, health or bodily harm or where the product liability legislation has not been observed.
7. Data protection
As part of the service provision, musterkiste.de captures, stores, processes and uses personal user data. All data is used exclusively for the provision of services on www.musterkiste.de and www.musterkiste.com, i.e. for the completion of contract, the sending of newsletters and for the contact-feedback functionality. The data is stored on musterkiste.de’s computer systems and will not be passed onto third parties. An acceptance of data use provided by the user can be revoked at any time by sending an email to email@example.com. All user-related data will be deleted upon demand, except as required to continue the contract. musterkiste.de will provide users with all details of data stored about them upon demand and without cost.
8. User obligations
The user is obliged not to pass on personal data (login and password) to third parties and to ensure adequate measures to ensure that a direct or indirect use through third parties is not possible. The user is liable for costs resulting from misuse of the user’s login details, where the user is at fault. In this case, musterkiste.de is entitled to exceptional termination of the contract. The user is responsible for the provision of and setting up of appropriate technical means with which to access the database.
9. Legal basis
In the case of dispute between the user and musterkiste.de, the contract is governed without exception by laws in the Federal Republic of Germany. Any material and processural legal norms from other legislations and from the UN trade rights do not have jurisdiction. Amendments or extensions to the contract must be made in written form. The agreement to make amendments without written form must also first be agreed in writing. In the case of all disputes arising from this contract, the place of performance and jurisdiction for both parties is Berlin. The English translation of these terms and conditions are provided as is for information purposes only. In all situations, the German "Allgemeine Geschäftsbedingungen Datenbanknutzung" are legally binding.