Terms and Conditions
Last updated Nov. 20th, 2019
1 General conditions, Conclusion of contract
In the interests of a fair
business relationship, we have paid attention to designing the terms and
conditions to be simple and transparent. If you have any questions in
this respect, please contact "CEBUS Marketing - Anna Calandri",
in the following referred to as "CEBUS".
Deliveries, services and offers take
place solely on the basis of these terms and conditions.
Conditions that
deviate from these that we do not expressly recognize in writing are not
binding for us. A contract comes into effect when CEBUS adopts this or
when a delivery takes place. Until full payment, all items remain the
property of CEBUS.
2 Delivery
The order will be processed immediately
after payment is received and the proposal has been approved by the
client. The processing time for mailing list deliveries takes two days
on average. Fixed delivery times will only be recognized by us when
these have been expressly confirmed in writing by us. Delivery times can
be reasonably longer due to the occurrence of unforeseen events.
The
delivery will be carried out as offered to the client or client's data
processor. If e-mail distribution is offered, then no data will be sent.
Instead, the order is forwarded in the form of an e-mail delivery
report.
The number of records named by CEBUS can change even after
confirmation of the order, due to continual updating. The actual number
of records delivered will be charged if this differs up to 5%
(plus/minus) from the quote offered and is over the minimum order value.
3 Address quality
CEBUS does not take any responsibility for the
accuracy and completeness of the mailing lists. Addresses are subject to
continual change. Address sources can already have in-built mistakes.
There can also be no guarantee given that the address actually is what
it claims to be. Returned records are unavoidable for these reasons
and do not represent a defect in the product delivered and will not be
refunded.
CEBUS deliverability guarantee: If more than 5% of the
individual records delivered can be proven to be undeliverable by
mail, CEBUS will refund these or deliver cost-free replacement. The
delivery guarantee refers only to the mailing address, not to the
contact partner, department, named family members or other information
and expires 40 days after delivery date. Further claims are excluded.
4 Use of addresses
Addresses are provided for one-time use if no other
written agreement exists. Sale or licensing to third parties as well as
use for further advertising transmissions whether they are through
duplication, entering into a data storage medium or publishing on the
Internet is not allowed, and this is also the case with cooperative
advertising.
Adherence to this agreement will be checked through control
addresses. Use that is contrary to the contract obliges the client to
the payment of a contract penalty to the amount of ten times the sum
that was paid for the total delivery. A sample of one control address is
sufficient as proof of a breach. Assertion of a further claim for
damages remains untouched.
Addresses of persons or companies that place
an order due to the client's advertising or ask for quotes become the
property of the client. This is not the case, however, for addresses of
participants in contests. The transmission of an address with a
telephone, fax number or e-mail address without an explicit opt-in
(=permission to contact) does not mean that the person or company in
question has agreed to be addressed in this way. This is not the case
for addresses with an explicit opt-in (=permission to contact).
5 Data Protection
Protection Technical and organizational measures have to be taken to
protect the addresses in order to satisfy the data protection
requirements of the country in which the addresses are to be used. It
has to be ensured that maling lists do not fall into the hands of a third
party.
Addresses provided have to be completely deleted within 40 days
of their last agreed use.
The client undertakes to suitably inform those
addressed of their right to refuse further advertising mail and to not
use these for any illegal purposes. He/She bears full responsibility for
the legal admissibility of the advertising.
6 Liability
Address deliveries have to be checked immediately on receipt as to their
suitability for further technical processing as well as for correct
content. Any defects have to be reported to CEBUS within seven days. In
case of the processing of obviously incorrect addresses, there is no
claim for damages against CEBUS.
In case of a justified defect reported
on time, CEBUS can deliver a replacement, repair the defect or withdraw
from the contract. The liability for damages resulting from defects is
excluded, except where damage has been caused intentionally or due to
gross negligence.
If the client demands damages for default in cases in
which it has been impossible for CEBUS to provide service due to its own
fault, where CEBUS is at default or has fulfilled services covered by
the contract badly, he/she can only do so up to the invoice amount for
the order in question.
7 Addresses on CD-Rom
If a CD-Rom is delivered,
these conditions will be extended to those of the manufacturer of the
CD-Rom.
8 Applicable law, Place of Performance, Place of Jurisdiction,
Severability Clause
In mutual legal relations, the law in which CEBUS
has its headquarters is exclusively applicable. This also holds true for
the place of performance and place of jurisdiction. If one or more of
the provisions of these terms and conditions become ineffective, then
the effectiveness of the other provisions remains untouched. The
ineffective provision is to be replaced by the provision that comes
closest to the business purpose of the ineffective provision. CEBUS is
allowed to mention cooperation with the client and show its company
logo.