Section 1 Scope and protective clause
(1) The current version of the following terms and conditions (from now on referred to as ‘TC’) applies to all orders for goods, downloads, or services (from now on referred to as ‘Products’) placed on the internet portal www.bitkom-research.de (after this referred to as ‘BRG portal’) provided by the Bitkom Research GmbH, represented by Axel Pols, Albrechtstr. 10, 10117 Berlin, Germany (after this referred to as ‘Provider’), at the time when the order is placed, except to the extent that Bitkom Research has expressly waived its applicability in writing.
(2) The Products made available via the BRG portal are intended for registered users of the BRG portal (from now on referred to as ‘Customer’). Following Section 13 of the German Civil Code, the products on offer are not available to consumers who reside outside the territory of the European Union.
(3) Deviating terms and conditions of the Customer do not apply. The contract language is German.
Section 2 Orders
Section 2.1 Contract formation
(1) The presentation of the Products in the internet shop does not constitute a binding offer by the Provider to conclude a purchase agreement. It merely invites the Customer to submit an offer by placing an order.
(2) By submitting the order through the BRG portal, the Customer places a binding offer aimed at concluding a purchase agreement for the content inside the shopping cart. By sending the order, the Customer acknowledges that these TC solely govern the relationship with the Provider.
(3) The Provider confirms the receipt of the order by sending a confirmation e-mail (after this referred to as ‘Order Confirmation’). This Order Confirmation does not represent the acceptance of the offer by the Provider. It only serves to inform the Customer that the Provider has received the order. Delivery of the Products or an explicit declaration of acceptance (from now on referred to as ‘Purchase Agreement’) serves as statement accepting the offer of the contract.
(4) The Customer will be informed immediately if the Provider is unable to fulfil or refuses an order. A claim to conclude a contract does not exist.
(5) The Customer can store the data relevant to the Purchase Agreement either by downloading the TC and saving the internet shop’s order process page which contains the summarised data, or by printing, storing, or archiving the summarised information sent with the Purchase Agreement.
(6) The Provider stores the order data. Password protected access allows information about concluded, open and recently dispatched orders to be viewed. Furthermore, address and potential payment information can be reviewed, managed, and stored.
Section 2.2 Prices and shipping costs
(1) The prices shown in the BRG portal are prices exclusive of VAT, as well as final prices including any VAT which may be due depending on the tax liability derived from German and intra-community tax law as well as the German Price Quotation Act (PAngV).
(2) The Customer bears the cost and risk of delivery upon dispatch. The prices shown do not include any shipping costs. The Provider charges delivery charges for tangible items. These costs vary depending on product weight, type of shipping selected, and Customer location. Customers with residency outside of Germany must cover any potential taxes or customs duties.
(3) The update of the BRG portal internet pages renders any previous prices and information about the object of purchase invalid.
(4) Invoices are based on the prices that were valid at the time the order was placed.
Section 2.3 Due date, payment, and default
(1) After completing the Purchase Agreement, the purchase price becomes due immediately.
(2) Only the payment methods offered during the ordering process will be accepted (PayPal, credit card, or advance payment). The Provider accepts credit cards from the following organisations: Master Card and Visa. The credit card of the Customer will be debited with the purchase price immediately after the Purchase Agreement is concluded. By providing his credit card information, the Customer grants the Provider the right to debit the purchase price from the credit card or bank account.
(3) The Provider has the right to add charges for delayed payments at 5% per cent above the published annual interest rates of the European Central Bank. The Provider is entitled to claim any additional verifiable damage caused by delay.
Section 2.4 Statement regarding credit card payment
(1) The Provider offers secure cashless payment methods, for example, by credit card, according to the current technological standards.
(2) The Provider ensures that the collection, storage, and usage of data conforms with European and German data protection legislation.
(3) Therefore, the Provider will never ask the Customer to share credit card information via e-mail, fax, post, or any other unencrypted connection. We ask the Customer to ignore any requests like that and inform the Provider immediately.
(4) The Provider is not liable for any damages that may incur from an unsolicited forwarding of credit card information.
Section 2.5 Chargeback and direct debit
(1) The Customer irrevocably authorises his bank to share the Customer’s full name and current address in case of chargeback or non-redemption of direct withdrawal.
(2) Terminating or exercising his right of revocation does not grant the Customer the right to initiate a chargeback for any debited funds paid in the context of direct debit through the issuing bank. The Customer must reimburse any damage incurred by bank charges and processing costs as a result of chargeback with a flat-rate fee of €12.50. However, the Customer holds the right to provide evidence that no damages or significantly lower damages were incurred.
Section 2.6 Delivery and provision
(1) Goods orders will be shipped within three to five working days unless stated otherwise in the product description.
(2) Download orders will be provided on our website. The Customer will receive information on how to download the documents via the provided link after the order. There are no additional delivery costs. Ordered downloads tend to be provided immediately.
(3) Any disruption of delivery due to force majeure events (including strikes and lockouts) suspends the Provider’s and Customer’s obligation to perform the contract for the period of such occurrences.
(4) If the Customer is an individual consumer, the risk of coincidental loss and incidental impairment of goods sold by dispatch passes to the Customer (consumer) or a recipient designated by the same upon transfer. This provision applies irrespective of whether shipping is insured or not. Otherwise, the risk of coincidental loss and incidental impairment of goods sold by dispatch passes to the shipper or other person or institution selected for shipment of the goods upon delivery.
Section 2.7 Reservation of ownership and rights
The ordered goods remain the property of the Provider until full payment of the agreed remuneration. The respective rights for download orders are granted nisi until the goods are paid in full.
Section 3 Additional conditions for download orders (single-user licence, multi-user licence, company licence)
Section 3.1 Usage rights for downloads
(1) Single-user licence: Once access to the digital contents (from now on referred to as ‘Downloads’) is provided, the Customer holds the non-transferable right to use the downloads for personal purposes only. Usage restrictions following Section 3.1 Paragraph 4 must be considered.
(2) Multi-user licence: Once access to the digital contents (from now on referred to as ‘Downloads’) is provided, the Customer holds the non-transferable right to use the downloads in a team with up to three individuals (three-user licence) or a group with up to five individuals (five-user licence) within a company environment. Usage restrictions following Section 3.1 Paragraph 4 must be considered.
(3) Company licence Once access to the digital contents (from now on referred to as ‘Downloads’) is provided, the Customer holds the non-transferable right to use the downloads internally at an unlimited number of company sites worldwide. Usage restrictions following Section 3.1 Paragraph 4 must be considered.
(4) Any further use, in particular, publication on the Internet, unauthorised duplication, distribution or granting access to the Downloads via Internet, is not permitted regardless of whether this is done free of charge or for a fee. The same applies to the removal of copyright information or source references, as well as the editing or manipulation of the Downloads. The granted usage rights are neither transferable, nor can they be sub-licensed. Furthermore, they are subject to full payment. Legally permitted use following the Copyright Act is not restricted.
Section 3.2 Updating Downloads
The Provider is entitled to review, update, or otherwise change the content of the Downloads at any time where required for technical, legal or content-related reasons.
Section 3.3 Data security and availability
The Provider ensures that all purchased digital content is available for a reasonable period. An indefinite data backup and availability cannot be guaranteed. Therefore, the Customer should backup all his Downloads to local devices. The Customer will be expressly informed in advance if the Provider will no longer be able to provide the Downloads in the future.
The Provider aims to make the ordered Downloads available without interruptions. Availability of Downloads might be limited due to maintenance, repairs and system updates, but also due to technical faults that are outside the control of the Provider. Uninterrupted access cannot be guaranteed.
Section 3.4 Necessary requirements – account, Internet access, and storage
Ordered Downloads can be retrieved via the BRG portal, subject to registration and Internet access. The recommended minimum Internet connection speed is 2,000 kbit/s. Furthermore, the Customer must ensure that his device, for example, a computer, (i) can use the Internet to connect to external servers without restrictions, and (ii) has enough free storage available.
Section 3.5 Necessary requirements – display software
Specific software is required to view the Downloads, for example, Adobe Acrobat Reader, which might be subject to additional terms and conditions as well as licencing conditions. You can find more details, in particular, information on the software version required to view the Downloads in the respective product description. The Customer must ensure that he can install all software necessary.
Section 4 Right of revocation for individual consumers
An individual consumer is any natural person that concludes a legal transaction for purposes, which are not directly attributable to their commercial or their independent professional activity.
You have the right to withdraw from this contract within fourteen days without having to justify the withdrawal. The cancellation period is fourteen days from the day the contract was concluded. You must contact and inform us (Bitkom Research GmbH, Albrechtstr. 10, 10117 Berlin, Germany, phone +49 30 944 002-49, e-mail: firstname.lastname@example.org) about your decision to withdraw from the contract in writing, for example, by sending a letter via post, fax, or e-mail. You can but do not have to use the attached withdrawal form template. It is enough to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Once we received your written withdrawal from the contract, we must return all payments received from you within fourteen days, including shipping costs (except for extra charges that occurred because you chose a delivery service other than the standard shipment we offer). We use the same payment method that you used in the initial transaction to return the funds unless something else was explicitly agreed. We will never charge fees for a refund.
Withdrawal form template
(Please fill out this form if you want to withdraw from the contract and send it back to us.
Bitkom Research GmbH
– I / We (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) _________________________________
Ordered on (*) / Received on (*)
Name of the individual consumer
Address of the individual consumer
Signature of the individual consumer (only needed when a physical copy is submitted)
(*) Delete as appropriate
The Customer’s right to withdraw from the contract expires ahead of time if the Customer explicitly expresses that both parties have fulfilled the agreement before the Customer has exercised his right to revocation, for example, if Downloads are completed.
End of the cancellation policy
Section 5 Warranty/Liability
(1) Contents are created in Germany and for Customers that speak German (applies predominantly to research studies) and English (applies mostly to market reports). The Provider is thus liable for the admissibility of the content following German law and ensures that materials do not infringe upon third-party rights or any other legal regulations. The Customer is responsible for checking if the use of the content is permissible within the legal framework of the country from which he is accessing, should Downloads be obtained from outside of Germany.
(2) The Provider will either remedy defects or provide a replacement, within a reasonable time, if the Customer can provide evidence that the Products delivered were defective. The Customer has the right to annul the sale or reduce the sale price if the Provider is unable to supply a replacement, e.g., it is not feasible, or the remedy of defects is not possible.
(3) The Provider, his legal representatives and vicarious agents, are only liable to the Customer for damages – irrespective of the legal basis – in the case of intent, gross negligence, and carelessness if it constitutes a breach of a fundamental contractual duty the performance of which is of particular importance for the due execution of the contract . These are obligations that make the due execution of the contract possible in the first place and the observance of which is consistently relied upon by the contractual partners. In the latter case, liability is limited to the replacement of predictable damages, subject to reasonable assessment. This limitation of liability does not apply to loss of life or physical injuries caused by the infringement activity of the Provider, his legal representatives and vicarious agents, or representatives, who are required to fulfil statutory obligations.
(4) The Provider is only liable to pay for data loss or damages up to the amount of the recovery for suitable backup files. This limitation does not apply in cases of gross negligence or intent.
Section 6 Data protection
Section 7 Final provisions
Section 7.1 Server time
The displayed server date and time of the BRG portal are binding to the extent that a time/date is required for legal transactions.
Section 7.2 Applicable law and jurisdiction
German substantive law applies under the exclusion of UN sales law. The place of jurisdiction is Berlin, Germany, insofar as this agreement is permissible following German civil procedure rules as well as Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial
matters. It also applies if the Customer orders and accesses the Downloads from outside of Germany.
Section 7.4 Subcontractors, transfer of agreement
The Provider is entitled to entrust third-parties with the provision of agreed services in full or part at any time. Furthermore, the Provider can also transfer the rights and obligations from this agreement to one or more third parties (assumption of contract). In case of assumption of contract, the Customer is entitled to terminate the agreement without notice.
Section 7.5 Right to offset, right of retention, cession
The Customer is only permitted to offset claims if they were determined without further legal recourse or acknowledged by the Provider in writing. The Customer’s right of retention from previous or other businesses is excluded if the Customer is an individual consumer. Any other right of retention of the Customer is excluded. The Customer’s assignment of claims against the Provider requires the Provider’s prior written consent to be valid.
Section 7.6 Written form
Any agreements deviating from the TC require the written consent of the Provider and the Customer to be valid, this also applies to any waiver of the written form requirement.
Section 7.7 Severability clause
If any provision of this TC is held to be invalid, the remaining provisions are to remain in full effect. In this case, the parties undertake to replace the invalid or unenforceable provision with a provision, the economic effect of which comes as close as possible to that of the provision which it replaces. The same applies to any loophole.
Section 7.8 Changes to the TC
The Provider is entitled to change this TC at any time with future effect. The respective TC provided by the Provider at the time of ordering is valid.
Updated: June 2019