General Terms and Conditions of Business
of the REFDAT Internet platform operated by Gerhard Scharmann, Gamburger Weg 24, 97877 Wertheim, Germany.
1. Application, legal foundation, written form
1.1. The following Terms and Conditions govern the use of the REFDAT Internet site between the client and the REFDAT operator, Mr Gerhard Scharmann, Wertheim, (hereinafter REFDAT for short).
1.2. The contract comes into existence by the online retrieval of individual data sets after the client has registered in the REFDAT login area. The following conditions are an integral part of this user contract.
1.3 In so far as performance data is transmitted to the client, the stipulations of the German Civil Code (Bürgerliches Gesetzbuch) apply to the service contract (§§ 611ff of the German Civil Code) unless stipulated otherwise in the following General Terms and Conditions of Business.
1.3. All collateral agreements and other agreements must be made in writing to be binding.
2. Provision of services
2.1. The service provided by REFDAT is the provision of test data established by REFDAT for diesel components only for original Bosch EPS testbenches.
2.2. The test data is only provided on line after the client has retrieved the corresponding data set.
3. Scope of services, warranty, liability
3.1. REFDAT only provides the services which the client retrieves on line. In particular, REFDAT does not owe any advice in connection with the data sets retrieved by the client on line.
3.2 REFDAT is not liable for loss or damage incurred by the client as a result of the use of REFDAT or the test data unless such loss or damage is due to intent or gross negligence by REFDAT. This exclusion of liability does not apply in so far as the client’s life, body or health is affected and if the client is a consumer.
3.3 REFDAT’s liability to entrepreneurs is limited solely to intent.
4. Use, access data, use by third parties
4.1. To use REFDAT the client needs and uses any Internet access and a suitable browser. The provision of Internet access and the functionality of the client's browser form no part of the services performed by REFDAT.
4.2. At the time of his registration the client will receive confidential access data such as a user name and a password. This access data is known only to REFDAT and the client. The client is not entitled to pass this access data to third parties for their use.
4.4. The client must use and keep the access data with due care and must ensure that unauthorised third parties cannot become aware of this data.
4.5. The access data entitle the client to access and use REFDAT during the agreed period of use.
4.6. If improper or unauthorised use or care of the client’s access data on the part of the client enables unauthorised third parties to access REFDAT and if loss or damage is caused by the unauthorised access, the client is liable for this loss or damage in accordance with the general stipulations of law.
4.7. If the client should become aware of unauthorised access to REFDAT by the use of his access data, he must so inform REFDAT without delay. After the receipt of notification by the client, REFDAT will disable access to REFDAT by means of the previous access data and provide the client with new access data. REFDAT is entitled to invoice the client with the costs so incurred.
4.8 The client is not entitled to make all data supplied by REFDAT in return for payment accessible to third parties, to copy such data or to disseminate it in any other way. In the event of breaches of this prohibition, REFDAT reserves the right to claim compensation.
5. Remuneration and payment
5.1. The amount of the remuneration for the provision of data sets of test data which REFDAT can claim is set out in the price list in force at the time each data set is accessed.
5.2. The right is expressly reserved to amend the price lists for the use of REFDAT. Changes will be notified to the client four weeks in advance and apply not before the first day of the following month. In so far as the remuneration increases, the client so affected is entitled to a right of special termination on the first day of the following month by giving 14 days’ notice.
5.3 Fees may be invoiced by electronic means.
5.4. Objections to invoices rendered by REFDAT must be lodged with REFDAT in the form of written text without delay and not later than 14 days after invoice date in so far as REFDAT makes reference in the invoice to this stipulation and to the consequences of failing to lodge an objection. Failure to lodge an objection in due time is deemed to be approval.
5.5. REFDAT reserves the right to exercise his right of retention by blocking the client’s access so long as the client is in payment default with his user fee or if the direct debit for remuneration which is due is not honoured or debited back. Blocking access does not release the client from his obligation to pay the remuneration which is due. The costs for blocking and unblocking will be invoiced to the client in the sum of € 25.00 EUR; the client is at liberty to prove that the costs in this case are less or were not incurred.
5.6. In the case of clients whose registered office is in Germany, all payments will be made by direct debit on the part of REFDAT. The client will give his approval to this payment method by means of a separate authorisation at the time of the conclusion of the contract.
5.7 In the case of clients whose registered office is outside Germany and clients who expressly state that they do not wish to pay by direct debit or who revoke their consent to a direct debit after the conclusion of the contract, the amounts invoiced must be transferred to a bank account indicated by REFDAT within 10 days from date of invoice. Receipt of the money by REFDAT will determine compliance with this payment period.
6. Data protection and “SCHUFA“ (Schutzgemeinschaft für allgemeine Kreditsicherung) Credit Protection Agency
6.1 Personal data is individual items of information on personal or material matters of a specific or definable natural person. The client discloses such data on registration and the data is recorded on our web-server. REFDAT uses the personal data disclosed by the client exclusively for the purpose of technical administration. The client hereby agrees to this. This only applies if the client has previously given his consent to this by concluding the user contract or so long as he has not filed an objection in accordance with the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) to the use and transmission of his personal data.
6.2. The client agrees to REFDAT obtaining information on him from the relevant SCHUFA and that REFDAT may so inform the SCHUFA if the client fails to comply with the contract. This only applies in so far as it is necessary to safeguard REFDAT’s legitimate interests, those of another SCHUFA contractual partner or the public at large and in so far as the client’s interests which are worthy of protection are not prejudiced.
7. Duration of the contract, termination
7.1. In principle the client is registered for an unlimited period. However, he may revoke his registration with REFDAT in the form of written text at any time and terminate his access facility thereby.
7.2 REFDAT is entitled to terminate the client’s access by giving four weeks notice without giving reasons.
7.3. REFDAT is entitled to terminate the contractual relationship prematurely for good cause without giving notice. Good cause is particularly the application for and opening of insolvency proceedings, the initiation of extra-judicial or judicial proceedings for the settlement of debts against the client’s assets, improper use of the REFDAT service and payment default exceeding 60 days.
8. Miscellaneous
8.1. The law of the Federal Republic of Germany applies to all legal relationships between REFDAT and the client irrespective of the location from which the client retrieves the files provided. The place of jurisdiction is agreed to be the Wertheim District Court or the Mosbach Regional Court in so far as is possible in law. The place of performance is Wertheim.
8.2. Amendments of and additions to these contractual conditions apply with effect from their transmission to the client and, in the case of bodies corporate established under public law and businesses within the meaning §14 of the German Civil Code, with their implementation and addition.
8.3. If any of the individual provisions should be or become invalid or void, this does not affect the remaining provisions. In this case the invalid or void provision will be replaced by a valid provision which comes closest to the intent and purpose of the invalid and void provision.
9. Information in accordance with § 36 of the Consumer Dispute Settlement Act (Verbraucherstreitbeilegungsgesetz (VSBG))
9.1. The contractor will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act and is also under no obligation to do so.
10. Information pursuant to Article 14, Paragraph 1 of Regulation (EU) number 524/2013
10.1. Within the framework of the Regulation on on-line settlement of disputes in consumer matters, an on-line dispute settlement platform of the EU Commission is available to you at http://ec.europa.eu/consumers/odr/.
Our email address is: info@refdat.net