General Terms and Conditions - Blatt & Bild Archiv-Recherchen

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General Terms and Conditions
Preamble
(1) ‘Blatt & Bild Archiv-Recherchen’ (hereinafter referred to as ‘Searches’) is a search service provided by Dr. Corinna von List, Olwenstraße 23, 13465 Berlin, Germany (hereinafter referred to as ‘Supplier’) specifically for museums, scientific research institutions, journalists, scientists and interested private individuals.
(2) Unless expressly agreed otherwise in writing, these General Terms and Conditions apply to all search orders placed with Supplier. General terms and conditions of customers are not and will not be the subject matter of relations between the parties regarding the subject matter of the contract; their validity for the future is hereby contradicted in advance.

Section 1 Search orders, conclusion of contract
(1) Clients may send search orders to Supplier in writing, by e-mail or by telephone.
(2) Orders as contemplated in (1) above will not lead to conclusion of a contract until they have been confirmed in writing by Supplier. If the client does not object to confirmation within two weeks after receipt, the contents of such confirmation will become binding.
These General Terms and Conditions contain information regarding cancellation. This information at the end of these General Terms and Conditions must be printed and attached to your confirmation in order to trigger the 14-day notice period.
(3) If, in the case of an order placed by telephone, the client wishes that the order be processed immediately, confirmation pursuant to (2) above may coincide with the delivery of the search results.

Section 2 Supplier’s services
(1) Supplier will search all relevant sources available to her, in particular, archives, libraries and picture agency stocks, in accordance with the client's specifications, especially with regard to the following main topics: History of National Socialism, France in the Age of World Wars, Gender Studies and Resistance Research.
(2) Supplier will deliver to the client the results of the search pursuant to (1) above in the form of written excerpts, photocopies, scans or digital photographs. Excerpts in the above sense may also be presented in the form of lists, tables or summaries.
(3) Translations of the search results made available pursuant to (2) above are subject to separate agreement between the parties.
(4) Supplier will forward copy orders to third parties (e.g. the Federal Archives) in as far as this is the subject of the order placed.
(5) Indexing museum collections, bequests, corporate or private archives is subject to separate agreement in each case.
(6) Supplier will perform searches pursuant to (1) above to the best of her knowledge and exclusively in the information stocks of third parties; Supplier does not maintain her own sources of information. Supplier therefore will not check the search results for correctness of content.
Section 3 Place of performance, delivery dates
(1) The place of performance is Supplier’s registered office; the shipping risk is borne by the client.
(2) Delivery dates are only binding if confirmed in writing by Supplier in the order confirmation pursuant to section 1 (2) heretobefore.
Section 4 Client’s duty to cooperate
(1) The client will specify in detail in the order pursuant to section 1 (1) heretobefore the subject matter of the search order.
(2) If the client is aware of concise search terms, keywords and/or formal criteria (e.g. references, bibliographic information) relating to the subject of the client’s search order, the client will inform Supplier thereof when awarding the order pursuant to section 1 (1) heretobefore.
(3) In the event that the client finds that the results delivered pursuant to section 2 (2) heretobefore are not complete or that they are not relevant in whole or in part, the client will immediately inform Supplier thereof in writing so that a suitably modified subsequent search can be carried out.
Section 5 Remuneration
The parties will agree on remuneration of Supplier's services by mutual agreement upon conclusion of the contract.

Section 6 Zero searches
Supplier’s remuneration claims pursuant to section 5 heretobefore also apply if searches pursuant to section 2 (1) heretobefore do not provide any target information despite exhaustion of all sources available to Supplier.

Section 7 Due data for payment, default
(1) Supplier will issue her invoice as soon as she makes her services available to the client. Remuneration is due and payable immediately and without deduction within two weeks after the invoice date.
(2) In the event that the client is in default with payment, Supplier may postpone performance of further orders already confirmed by the client until the default has been made good. The same applies to the confirmation of new orders. Any legal claims of Supplier arising from default remain otherwise unaffected.

Section 8 Rights of use and copyrights
(1) The client will be granted only a simple right of use for its own use of the results made available pursuant to section 2 (2) heretobefore. The client is not permitted to use the material for any other purpose, in particular, to copy it beyond the scope of sec. 53 of the German Act on Copyright and Related Rights (UrhG, Urheberrechtsgesetz) or to make it publicly accessible (sec. 19a UrhG). Commercial use of the results – regardless of the form – is only permitted subject to separate arrangement with Supplier.
(2) The copyrights to the results and the original templates remain unaffected by the foregoing. If the client intends to exploit the results provided pursuant to section 2 (2) heretobefore beyond the provisions of section 8 (1) heretobefore, the client will be solely responsible for obtaining the corresponding rights of use from the respective rights holder.
Section 9 Indemnification
The client will indemnify Supplier against any claims raised by third parties against Supplier due to the illicit use of the results provided pursuant to section 2 (2) heretobefore and the resulting violation of the rights of such third parties.
Section 10 Breaches of duty
(1) In the event of faulty services by Supplier, the client may demand rectification within a reasonable period of time.
(2) Rectification pursuant to (1) above is subject to fulfilment of the client's duty to cooperate pursuant to section 4 heretobefore.
(3) In the event that rectification fails, the client may withdraw from the order or reduce remuneration appropriately.
(4) Supplier is only liable for damage incurred by the client if such damage was caused intentionally or through gross negligence on the part of Supplier, her employees, legal representatives or vicarious agents. Otherwise, Supplier will only be liable for foreseeable damage that results from a violation of her material obligations, for example, under section 2 (1) and (2) heretobefore. Liability for lost profits, savings not made by the client, indirect damage, consequential damage and damage caused by a breach of the client's obligations under section 4 and section 8 heretobefore is hereby excluded.
(5) Mandatory liability pursuant to the German Act on Liability for Defective Products as well as for injury to life, limb or health of the client remains unaffected.
Section 11 Data protection, confidentiality
(1) The client is hereby informed that Supplier stores and processes personal data to the extent required within the framework of the contractual relationship. Such data will not be passed on to third parties except in cases where Supplier is legally obliged to do so.
(2) The parties to the contract are obliged to treat information about the respective other party confidentially.
Section 12 Written form
(1) Any modifications of, amendments to and cancellation of these General Terms and Conditions and the contracts concluded on the basis hereof require the written form. The same applies to any waiver of the written form itself.
(2) (1) applies mutatis mutandis to advertisements, declarations and notices of termination based on these General Terms and Conditions.

Section 13 Choice of law
(1) Contractual relationships between the parties based on these General Terms and Conditions are subject to the laws of the Federal Republic of Germany.
(2)  The United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is hereby excluded.

Section 14 Miscellaneous provisions
In the event that individual provisions of these General Terms and Conditions are or become invalid or unenforceable, the validity of the remaining provisions hereof will not be affected thereby.

Cancellation policy
(1) Right of cancellation
You have the right to cancel your intention to conclude a contract within fourteen days without stating the reasons therefor. The notice period begins after receipt of this cancellation policy in text form, but not before receipt of my service by the recipient and also not before fulfilment of my information obligations under art. 246 sec. 2 in conjunction with sec. 1 (1) and (2) of the Introductory Act to the Civil Code (EGBGB, Einführungsgesetz zum Bürgerlichen Gesetzbuche) as well as my obligations pursuant to sec. 312g (1) sentence 1 of the German Civil Code (BGB, Bürgerliches Gesetzbuch) in conjunction with art. 246 sec. 3 EGBGB.

In order to exercise your right of cancellation, you must inform me of your decision to cancel this contract in a clear statement (e.g. a letter sent by post, fax or e-mail). You can – but are not obliged to – use the cancellation form below.
In order to keep the cancellation deadline, it is sufficient for you to send notification that you wish to exercise your right of cancellation before the cancellation period expires. Notice of cancellation must be sent to:
Dr. Corinna von List
Olwenstraße 23, 13465 Berlin, Germany
info@bb-recherchedienst.de

(2) Consequences of cancellation
If you cancel this contract, we will reimburse you immediately and no later than fourteen days from the date on which we received notice of your cancellation of this contract for all payments received from you, including delivery charges (other than additional charges arising from your choice of a delivery method other than the cheapest standard delivery offered by us). We will refund you using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you requested that the performance of my services commence during the cancellation period, sec. 357 (8) BGB, you will be required to pay me a reasonable amount which corresponds to the proportion of the services already performed up to the time at which you informed us that you wish to exercise your right of cancellation with regard to this contract and to the total scope of the services provided for in the contract.
(3) Expiry of the right of cancellation
The right of cancellation may expire before expiration of the 14-day cancellation period. This is the case if performance of the service did not begin until after the consumer issued his/her express consent and at the same time confirmed that he/she was aware that they would forego their right of cancellation upon complete performance of the contract by the entrepreneur, and if the entrepreneur has provided the service in full, sec. 356 (4) BGB.
End of the cancellation policy

Cancellation form
If you wish to cancel the contract, please return this form:
To:
Dr. Corinna von List
Olwenstraße 23
D – 13465 Berlin
info@bb-recherchedienst.de
I/we hereby cancel the contract concluded by me/us for the provision of the following service:

Ordered on/Received on:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s):
(unless cancelled by e-mail)

Date:

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