Terms and conditions of service
1. General
(1) The services of the Atlas of Forensic Medicine by Prof. M.D. Birkholz (hereinafter "Provider") are based on the following general terms and conditions. The terms and conditions apply from the time of conclusion of the contract. We do not accept any regulations that differ from these conditions.
(2) The offer is exclusively to adult users. Upon completion of the user contract, the user confirms that he/she is of age.
2. Service offer
The provider offers its customers access to the information and content presented at www.forensic-atlas.de through its online offer "Grand Atlas of Forensic Medicine". This is one of the most comprehensive reference works of judicial medicine and is updated on an ongoing basis.
3. Conclusion of contract
(1) The customer can choose from various contract periods for on-line use and gather these via the "Buy now" button in a so-called shopping basket. By clicking on the button "Order for payment", he submits a binding application for the purchase of the goods and services in the shopping basket. Before sending the order, the customer can change and view the data at any time. The customer has the opportunity to view and save these general terms and conditions on the order overview page before submitting the contract.
(2) The provider then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer order is re-listed and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the order has been received by the provider and does not represent acceptance of the application. The contract is only concluded on delivery of the declaration of acceptance by the provider, which is sent in a separate e-mail (order confirmation) or by activating the user account. In this e-mail or in a separate e-mail, but at the latest when the user account is released. The contract text (consisting of the order and the GTC and, if applicable, order confirmation) is sent to the customer by us on a permanent (e-mail or paper) data carrier (contract confirmation). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in the German language.
4. Terms of Payment
Payment for the use of the Atlas of Forensic Medicine takes is made by Paypal. In the case of subscriptions, the reference price is calculated annually in advance. The provider is entitled to terminate the data deliveries without prior notice in the event of a delay in payment. In the case of one-time access, the reference price is also calculated in advance for the duration of the access.
5. Term / Termination
Various access options are offered. On the one hand, the annual subscription, which is automatically renewed for another year, unless a party with a notice period of 4 weeks announces termination of the subscription. On the other hand, one-off payments are offered which have a certain duration and end automatically without the need for a termination. The notice of termination is subject to the text form.
6. Warranty
(1) All goods and services are subject to the statutory warranty claims.
(2) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for material supplied by the provider is 12 months.
(3) An additional guarantee is provided in the goods and services supplied by the provider only if expressly offered in the description of the respective article.
(4) The provider does not assume any guarantee that the offered data corresponds to the customer expectations or that a particular customer requirement can be met.
7. Right to use and use
(1) For the duration of the usage contract, the customer shall be granted a simple, non-transferable right of use to the contents of the contract object. The contents can only be retrieved via a web browser and displayed on its terminal. The customer is not permitted to make further use of the contents, such as copy, modify, distribute, print or store permanently, in particular to build up a database, make it accessible to the public or pass it on to third parties.
(2) At any time, the provider shall be entitled to review the use of the agreed contents or the unlawful use or dissemination of the related data, and, if necessary, to withdraw from the customer the right of access to his offers.
8. Liability
(1) Claims of the customer for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the case of violation of essential contractual obligations, the provider is only liable for the foreseeable damage which is typical for the contract if this is simply caused by negligence, unless the customer is claiming damages against a violation of life, body or health.
(3) The limitations of paragraphs (1) and (2) shall also apply in favor of the legal representatives and associates or agents of the provider if claims are directly laid against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
9. Final provisions
(1) The laws of the Federal Republic of Germany shall apply to contracts between the provider and the customer, with the exclusion of the UN purchase law. The statutory provisions restricting the choice of law and the applicability of mandatory rules, in particular the state in which the consumer as a consumer is habitually resident, remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a public special fund, the court of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the place of business of the provider.
(3) The contract shall remain binding in the remaining parts of the contract, even if individual points become legally invalid. Instead of the ineffective points, the statutory regulations prevail, if available.