General Terms and Conditions of Trade
Creditreform Rating AG’s General Terms and Conditions of Trade for the Sale of Digital Content on Non-Physical Data Media Via the Website https://www.countryrisk.de
PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS OF TRADE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN INCLUDING ALL CONDITIONS, RULES AND GUIDELINES WHICH MAY BE REFERRED TO IN THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO BOTH THE FREE USER AREA AND THE USE OF CREDITREFORM RATING SERVICES FOR WHICH A FEE WILL BE CHARGED. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Contents
1. Scope
2. Contractual agreement
3. Right of withdrawal from contractual agreements concerning the delivery of / access to digital content on non-physical data media; withdrawal form (sample); expiry of the right of withdrawal
4. Prices
5. Methods of payment
6. Retention of title and reservation of rights
7. Special Terms and Conditions for the Acquisition of Rating Reports
7. Liability for damages
8. Final provisions
Creditreform Rating AG offers a range of rating and credit services online via the website https://www.countryrisk.de. Customers enter into a contractual relationship with Creditreform Rating AG, Europadamm 2-6, 41460 Neuss, Federal Republic of Germany.
1. Scope
The business relationship between Creditreform Rating AG (“CRAG“) and the customer in respect of https://www.countryrisk.de is exclusively governed by these General Terms and Conditions of Trade in the version that is valid at the time when the order is submitted. Any conflicting, materially different or supplementary terms and conditions of the customer shall only be integrated into this agreement if CRAG has explicitly agreed to the validity of such conditions.
2. Contractual agreement
Display and descriptions of products on the website https://www.countryrisk.de do not constitute a legally binding offer of CRAG but only represent a non-binding online catalogue. The customer is free to select products and to place them into his virtual shopping basket. By clicking the button “Make a legally binding purchase now“, the customer makes a legally binding commitment to the purchase of the item(s) in question. After the customer has clicked the button “Make a legally binding purchase now“, he will be directed towards a payment procedure of his choice. Once the payment process has been successfully completed, CRAG will provide an approval of the contractual agreement by enabling the customer to download the selected product in question. The contractual agreement between the customer and CRAG is therefore concluded only after the payment procedure has been successfully completed.
Before submitting the order, the customer can at any time display and amend the data. The order can only be submitted after the customer has expressed his consent with the General Terms and Conditions by clicking the respective button (“I agree to be bound by the General Terms and Conditions of Trade”). Immediately after receiving the order, CRAG will send an automatically created email to the customer, confirming the receipt of the order. This email does not constitute an acceptance of the contractual offer by CRAG. Any such contract shall only be concluded when CRAG has accepted the customer’s offer by issuing a separate order confirmation via email or by making the ordered product available via the download button function. By making the ordered product available for the download, CRAG shall be considered to have fully performed its contractual obligations.
3. Right of withdrawal from contractual agreements concerning the delivery of / access to digital content on non-physical data media
Consumers have a right to withdraw from contracts within a period of 14 days.
3.1 CONSUMER RIGHTS
Right to withdraw
You are entitled to cancel the contractual agreement, without providing reasons, within a period of 14 days counting from the date on which the contract was concluded pursuant to Article 2 of these General Terms and Conditions of Trade. It is assumed that the agreement is concluded when you have clicked on the button “I agree to be bound by the General Terms and Conditions of Trade”, the payment procedure has been successfully completed and CRAG has provided you with the possibility of downloading your selected product.
In order to exercise your right of withdrawal, you shall have to address an unambiguously worded declaration of your decision to cancel the contract by mail, fax or email to Creditreform Rating AG, Europadamm 2-6, 41460 Neuss; fax: +49 2131 109-626; email: kundenservice@creditreform-rating.de. You can use the withdrawal form (see the attached sample) for this purpose, but are not obliged to do so. If you want to exercise your right of cancelling the contract, it is sufficient that you dispatch a letter, fax or email before the withdrawal period expires in which you inform us of your intention to withdraw from the contract.
3.2 Consequences of a withdrawal
If you cancel this contract, we shall have to reimburse you all payments that we have received from you including delivery costs (with the exception of any additional costs that may have been incurred because you selected a non-standard, costlier form of delivery). We shall have to effect these payments immediately and no later than 14 days after the date on which we have received your note of cancellation. For the purposes of this reimbursement, we shall use the same means of payment that were used by you for the original purchase, unless specifically agreed otherwise between you and CRAG. Under no circumstances shall you be charged any extra fee in connection with this reimbursement.
3.3 Sample withdrawal form
If you want to cancel the contract as described in the preceding Articles, you can complete this form and return it to us. You are, however, not obliged to use this form.
To:
Creditreform Rating AG
Europadamm 2-6
41460 Neuss;
Fax: +49 2131 109-626
email: kundenservice@creditreform-rating.de
I / we (*) hereby cancel the contractual agreement concerning the purchase of the following goods / services (*):
Ordered (*) / received on (*) (date)
Name of the consumer(s)
Address of the consumer(s)
Signature(s) of the consumer(s) (not required for notifications in electronic form)
Date
(*) Delete as applicable.
3.4 Expiry of the right of withdrawal
Unless otherwise agreed by the parties, no cancellation rights can be claimed for the following types of contract:
3.4.1 Contracts for the provision of goods that have not been prefabricated and that are made either on the basis of certain choices and preferences expressed by the consumer or as clear customizations according to the consumer’s requirements.
3.4.2 Contracts for the provision of audio or video recordings or computer software in a sealed package when the seal has been broken following delivery.
3.4.3 The cancellation right expires when the customer provides his express consent to the performance of the contract before the expiry date of the cancellation period. For the purposes of this Article 3.4 of these General Terms and Conditions of Trade, the “performance of the contract” shall be assumed to have occurred when the selected product has been downloaded and the customer has waived his legal right of cancellation before the expiry of the cancellation period. Before every download of a digital file by a customer via the CRAG website, CRAG will procure a legally binding waiver from the customer by requiring him to tick the so-called “Opt-In Checkbox“.
4. Prices
4.1 All prices specified on https://countryrisk.de are denominated in Euro and represent the total price that will be charged to the customer including the applicable rate of VAT as well as other price components.
5. Methods of payment
Digital contents will only be made available (for downloads) if the customer has completed the payment process by making a payment either with a credit card that is accepted by Creditreform Rating AG or via the PayPal payment portal.
6. Retention of title and reservation of rights
6.1 CRAG retains the legal title of downloaded files until the fees for their download have been fully paid. Without our express and prior written permission, the customer shall not be entitled to resell any files that he may have downloaded in any form (on digital data media, as hard copy on paper or as data files).
6.2 The rights of using digital content are granted under the suspensive condition that payment shall be made in full.
6.3 The rights of use for users/clients may be subject to certain restrictions pursuant to the provisions of Clause 7 of these General Terms and Conditions (see underneath).
7. Special Terms and Conditions for the Acquisition of Reports
7.1 The physical acquisition of CRAS reports through downloads of the pdf document in question shall be subject to the following terms and conditions.
7.2 By downloading the report, the user/client shall receive a simple right of use for the report in question. This simple right of use does generally not entitle the user/client to publish the report. The user/client has no permission to make the report available to the wider public. Reports must be exclusively used by the user/client.
7.3 The user/client agrees to refrain from selling the reports, which he has acquired, on this website to third parties and from commercially distributing them in any other way.
7.4 The user/client agrees to refrain from reproducing and publicly displaying the report, which he has acquired on this website, as well as from distributing it in any other way, unless he has been given an express permission by Creditreform Rating AG.
7.5 In its reports available for download, Creditreform Rating systematically and with due professional care compiles information on the risk to which a company is exposed in a country as part of a business relationship with a foreign market player. In this context, it should be noted that future events and developments are uncertain. The provision of the CRAS and the accompanying information therefore does not constitute an assertion of fact, but merely an indication for country risks. Creditreform Rating AG cannot be held liable for the consequences of decisions based on a CRAS report. CRAS is also not a recommendation for investors, buyers or sellers. Market participants (companies, banks, investors, etc.) should regard it only as a factor in the context of corporate or investment decisions. The CRAS reports are not meant to be used as substitutes for own research, inquiries and assessments. The information provided by Creditreform Rating in connection with the respective CRAS report does not constitute investment advice or binding information, nor will any offer or invitation be made for the subscription or purchase of financial products or other products or services in the respective country. The report contains only a non-binding statement by Creditreform Rating about the respective country at the time of preparation. Neither the CRAS nor the information presented in connection with the CRAS form a basis for any contractual or other obligation on the part of Creditreform Rating towards third parties in any form whatsoever. Creditreform Rating therefore accepts no liability whatsoever for any losses incurred by third parties in connection with the CRAS, irrespective of the legal basis. The user/customer is responsible for the further use of the information provided in connection with the CRAS report. The information is provided with the basic understanding that Creditreform Rating does not provide any legal, business, tax or other professional advice or services with respect to the respective country. Laws and regulations are constantly changing and can only be applied to actual situations. Therefore, the information provided in connection with the preparation of this report cannot and should not replace professional advice. The information relates specifically to the time of preparation indicated on the report. Creditreform Rating therefore accepts no liability whatsoever for validity, factual correctness, integrity or quality at any later date.
8. Liability for damages
7.1 CRAG shall be liable for damages according to the statutory provisions only subject to the conditions outlined underneath (in Article 7).
7.2 CRAG shall be liable for damages to life and limb (fatalities, personal injuries, impairment of health) and for damages that have been caused by CRAG, its legal representatives or vicarious agents either intentionally or through gross negligence, also for damages that result from any CRAG failure to comply with a guarantee it has provided or from a malicious concealment of defects.
7.3 CRAG’s liability shall be limited to compensation for foreseeable damages that are typical for this type of contract in cases where such damages have been caused by merely ordinary negligence on the part of CRAG, its legal representatives or vicarious agents that have resulted in a violation of essential contractual obligations. Contractual obligations are considered essential when it is only their fulfilment that enables the due performance of the contract and when both contractual parties have a right to count on the other party’s regular compliance with these obligations.
7.4 No other claims for compensation shall be considered. The provisions of the German product liability law shall remain unaffected.
7.5 The restrictions and limitations of this Article 7 shall also apply to CRAG’s legal representatives and vicarious agents if claims are made directly against them in connection with this agreement.
8. Final provisions
8.1 The Amtsgericht Neuss (Germany) shall have sole jurisdiction over all disputes with businessmen, legal entities of public law or special funds under public law that may result from this contract.
8.2 All disputes resulting from or emerging in connection with these General Terms and Conditions of Trade or any type of business conducted via https://www.countryrisk.de shall be exclusively governed by the laws of the Federal Republic of Germany, irrespective of their legal basis, with the exclusion of all non-mandatory statutory provisions from the law of conflicts that refer to a different legal system. The choice of jurisdiction made in this Article 8.2 does not apply to customers who are consumers if this choice were to deprive them of protection rights that are granted to them by the provisions of another legal system which would have applied if the foregoing choice had not been made, provided this other legal system expressly invalidates any attempt to deny these rights to the consumers via a dedicated agreement.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
8.3 For the purpose of resolving online disputes, the European Commission has established a platform that can be contacted under the following internet address: http://ec.europa.eu/consumers/odr.
CREDITREFORM RATING AG
Europadamm 2-6, 41460 Neuss, Germany
Last updated: July 2017