The general terms and conditions for all supplies and services of OGIS GmbH, Düsseldorf, (hereinafter referred to as OGIS) within the scope of the directory.
OGIS-Database (among others at www.ashberrybaby.com) contains about 14,714 data files. OGIS as licensee, makes these address materials available, on basis of the conditions determined within this contract. By confirmation of your order with the online order form you declare to accept this contract and you declare to agree to be bound to this contract. This contract is subject to German Law. Should one or more parts of this contract be invalid or be declared void, the validity of the other provisions of the contract remain unaffected.
2. Customer data, truth of information
You are obliged to truly specify your personal and/or company data, specially names, address, banking information, contact persons etc. You are obliged to inform OGIS about any change of this information without delay. We interdict to register under a false name or to give false information. OGIS reserves the right to cancel any unrightful entry in the database without prior information or being obliged to give a reason. You agree that personal and/or company data are memorized by OGIS insofar this is necessary for purpose of accounting. OGIS explicitly points out that data protection regarding data transfer in open networks, like the internet, cannot, according to the actual state of the technology, be fully guaranteed.
3. Scope of utilization, misusage
Object of this contract is the lease of address information for multiple utilization. OGIS is exclusive owner of the rights, of the address data and other materials. You confirm that you will respect the terms of the Data Protection Act, that you will not circulate this information to any third party, that you will not transfer it to other data carriers, that you won’t alter it, won’t manipulate it and won’t use it alienated.
4. Caveat emptor and limitation of liability
OGIS does not assume any liability for delivered information, specially not for its completeness, correctness and up-to-dateness nor for the exemption from rights of any third party. OGIS is only liable for defects caused by OGIS or its auxiliary persons when committed in grossly negligent or deliberate way. If there was a fundamental breach of the contract (cardinal obligations) liability is limited in cases of ordinary negligence regarding financial losses to predictable and direct damage and by amount to € 1,000,- (Euro). Beyond this, any liability on the part of OGIS is excluded.
All offers are subject to confirmation and without obligation. OGIS expressly reserves the right to change, to complete, to delete or to suppress publication for a short period or completely, of parts of the website or the complete website without special prior announcement.
6.Cross references and links
Insofar there are direct or indirect references to cross references (“Links”), that are beyond the area of responsibility of OGIS, we accept any liability only in those cases if we were aware of the contents and it would have been possible (in technical means) or reasonable to prevent the use in case of unlawful content. It is the provider of these sites who is explicitly and only responsible for contents going beyond this and specially for any damage arising from the use or disuse of such information and not the one just referring to the publication/-s in question by means of links or cross references. This limitation is applicable in equal measure for any message made by any third party in guest books, forums or mailing lists organized by OGIS. This liability exclusion is to be regarded as part of the internet offer of which was referred to this site. In case that parts or several wordings of this text do not, no more or not fully comply to the applicable laws in force, this does not affect the other parts of this document regarding its content and its validity.
The invoice is made available online and can be printed out.
German Law is applicable for this contract with simultaneous exclusion of the UN-Contract Law, also when ordered from abroad or when supplied abroad. If your registered residence or your usual residence is abroad, Bielefeld will be the place of jurisdiction for all claims in connection with your order. We are authorized to sue also at your place of general jurisdiction. You are entitled the right to offset or reduction only in case if your counterclaim has been recognized by declaratory judgment or if we have accepted it in writing. You are authorized to withhold amounts only insofar the claims originate from the same contractual relationship. Should a nonessential part of a contract be or become invalid under these conditions, this does not affect the validity of this contract incidentally.
OGIS GmbH, January 2018