Institute within the scope of the Federal Ministry of Health (BMG)
Institute within the scope of the Federal Ministry of Health (BMG)
The general terms and conditions of the pay per view purchase by credit card for database documents and full-texts via the DIMDI SmartSearch 1 are (Date: October 20, 2005):
The version of the General Terms and Conditions (AGB-PPV) that was in effect at the time the items were ordered solely applies to the business relations between the German Institute of Medical Documentation and Information (hereinafter referred to as the DIMDI) and the person ordering. The DIMDI will not acknowledge any deviation terms and conditions of the person ordering unless the DIMDI expressly consented to their validity in writing prior to the conclusion of the contract.
Each order that is subject to costs requires a prior online registration 2 at DIMDI. With the successful completion of the registration procedure, the DIMDI permits the customer to place an order. The approval can be withdrawn by the DIMDI at any time without specifying the reasons. In these cases, the DIMDI is entitled to bar the person ordering.
(1) The contract is formed between the person ordering and the DIMDI at the time the order was placed online with the DIMDI. The person ordering receives an e-mail from the DIMDI confirming receipt of the order and specifying all further details. This e-mail also represents the online invoice. A printed version of the invoice is accessible via the system as well. If the person ordering needs a valid invoice according to § 14 sub-section 4 of the VAT law (UStG) for the purpose of input tax deductions, the DIMDI will immediately send same to him upon request.
(2) A sales contract only exists for the products specified in the confirmation e-mail.
(3) No right to revocation exists on the part of the person ordering due to the condition of the goods.
(4) If database documents are ordered, only the "standard use" (USE=STD) of the documents will be an issue of the contract. Their scope is regulated in detail in the copyright terms of the individual database producers and they can be opened via the navigation item "databases", sub-item "copyright" of the DIMDI website. This is confirmed by activating the button "accept copyright" within the pay per view purchase procedure. Further use (USE=DLOAD) is not possible via the pay per view purchase. In this case conclude a written contract with DIMDI.
(1) Unless otherwise agreed, the delivery takes place by sending an e-mail, along with a link to the desired documents, to the e-mail address specified by the person ordering. The information paid for and requested by the customer can be seen online for 5 days from the date of the invoice.
(2) If the supplier of the DIMDI does not deliver the ordered goods despite the contractual obligation, the DIMDI is entitled to cancel the contract with the person ordering. In this case, the person ordering is immediately informed that the ordered item is not available and the amount paid therefor is refunded.
The person ordering pays the purchase price by credit card only. Goods may be ordered for a minimum of 5 Euro and a maximum of 250 Euro. If the person ordering pays late (e. g. card confiscated by credit card provider), the DIMDI is then entitled to demand interest on arrears in an amount of 5% above the basic interest rate p. a. of the European Central Bank. If a higher default damage results for the DIMDI, the DIMDI is entitled to claim same.
The licencing takes place under the reserve that all demands existing against the person ordering are completely balanced.
(1) If a deficiency exists on the sales object, the person ordering can insist on subsequent fulfilment (deficiency removal or replacement). If the subsequent fulfilment is unsuccessful, the person ordering can, if the deficiency is not insignificant, withdraw from the contract, reduce the purchase price or file a claim.
(2) Unless otherwise agreed to hereinafter, all further demands of the person ordering - no matter on which legal grounds - are excluded. The DIMDI is not responsible for damages that did not develop on the delivery item itself; the DIMDI is particularly not responsible for loss of profits, for other financial damages or for damages to the PC of the person ordering. Insofar as the liability is excluded or limited by the DIMDI, this applies to the personal liability of representatives appointed constitutionally, vicarious agents and assistants as well.
(3) The aforementioned limitation of liability does not exist where the cause of damage is based on intent or gross negligence or where bodily injury exists. Furthermore, it does not apply if the person ordering files a claim in connection with §§ 1, 4 Product Liability Law.
(4) In return, the seller is responsible that the item has the guaranteed quality at the time of the passing of the risk. If a guaranteed quality is missing at the time of the purchase, the buyer can insist on subsequent fulfilment or demand depreciation or withdraw from the contract.
(5) If the DIMDI negligently violates contractual obligations, the indemnifiability for property damage is limited to the loss typically emerging.
Personal data is only passed on to third parties for the purpose of order and payment processing. The person ordering can request information about the stored data from the data security official of the DIMDI at any time.
This contract is subject exclusively to the law of the Federal Republic of Germany with the exception of the German International Civil Law and excluding the UN-Agreement concerning the International Sales of Movable Property.
The place of fulfilment, for the person ordering and the DIMDI, is the seat of the DIMDI in 50676 Cologne, Waisenhausgasse 36-38a.
Whether the person ordering is a registered merchant, legal entity under public law or special public asset or has no general area of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all disputes resulting from this contract is Cologne. The DIMDI is entitled to take legal action at the main office of the person ordering.
1 DIMDI SmartSearch is a user-friendly search interface permitting a simple and quick search in the various databases of the DIMDI.
2 To do so, enter your own chosen User-ID, a password and the address data in a form. You have to at least fill out the obligatory fields that are marked with an asterisk (*). The stored user data can be changed at any time after entering the user identification and clicking on "change address".