The following conditions apply to the order of access to the website „QM VOTUM BIO” at Büro Lebensmittelkunde und Qualität GmbH (BLQ GmbH):
§ 1 Scope and provider
The General Terms and Conditions of Sale (hereinafter referred to as „GTC”) govern the contractual relationship between Büro Lebensmittelkunde und Qualität GmbH (BLQ) (hereinafter referred to as „Supplier”) and you (hereinafter referred to as „Customer”), in the version valid at the time of conclusion of the contract. These Terms and Conditions of Sale shall apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB). These Terms and Conditions of Sale shall also apply to all future transactions with the Purchaser, insofar as these are legal transactions of a related nature. We shall only recognize terms and conditions of the customer that are contrary to or deviate from our terms and conditions of sale if we expressly agree to their validity in writing. Any deviating terms and conditions of the purchaser will be rejected. Please read these terms and conditions carefully before using any of BLQ GmbH’s services. On the service website www.qm-votum.bio the provider offers you the following services: Information about contaminants and residues in organic food.
§ 2 Formation of the contract
Insofar as an order is to be regarded as an offer pursuant to Section 145 of the German Civil Code (BGB), we may accept it within the following five working days. Access to the use of the service website www.qm-votum.bio by the customer requires registration. By registering, the customer accepts these General Terms and Conditions. By ordering a paid service, the registered orderer enters into a further contractual relationship with the provider, which is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship arises when the customer confirms the order and payment obligation by clicking the „buy” button.
§ 3 Description of the scope of services
The scope of services for the service website of Büro Lebensmittelkunde und Qualität GmbH consists of the following services: The user can purchase a paid access and use it to access a collection of documents, opinions and legal interpretations on contaminants and residues in organic food.
§ 4 Prices and shipping costs
To use the Service Website of the Provider, registration is required first. In order to purchase the services of the service website, the user must register and create a user account. If the User wishes to use a service that is subject to a charge, he will be informed in advance of the fact that the service is subject to a charge. In particular, he will be informed of the respective additional scope of services, the costs incurred and the method of payment. Our prices are subject to value added tax at the applicable rate. The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Terms of payment
The accruing fee is to be paid in advance, on the due date without deduction to the account of Büro Lebensmittelkunde und Qualität GmbH specified by us in the registration confirmation or invoice. Certain payment methods may be excluded by the supplier in individual cases. Should the Purchaser choose an online payment method, the Purchaser thereby authorises the Supplier to collect the amounts due at the time of the order. If the Supplier offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Supplier’s account within five calendar days of receipt of the order. If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorises the Supplier to collect the amounts due. If the Supplier offers payment by direct debit and the Customer selects this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If, in the case of payment by direct debit, the payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs incurred. If the customer is in default of payment, the supplier reserves the right to claim damages for default.
Settlement can be made via the following means of payment:
§ 6 Registration and termination
Furthermore, the Customer declares that he and, to the best of his knowledge, no member of his company has been convicted of an intentional criminal offense endangering the safety of third parties, especially not for a crime against sexual self-determination (§§ 174 ff. StGB), a crime against life (§§ 211 ff. StGB), a crime against physical integrity (§§ 223 ff. StGB), a crime against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB). A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties. A user is, subject to reservation, entitled to cancel his/her account at any time without giving any reason in writing by mail, e‑mail or telephone. At the same time, it is possible to deactivate this completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated. If a user has registered for a paid service, he may terminate the contract no later than 30 days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the selected booking period, and the cancellation will only take effect at the end of the following booking period. Cancellation by e‑mail or letter is possible and will be confirmed by us in writing. So that your cancellation can be assigned, the full name, the deposited e‑mail address and the address of the customer should be indicated. The provider may terminate the contract at its sole discretion, with or without prior notice and without giving reasons, at any time. The Provider further reserves the right to remove profiles and/or any content published on the Website by or from the User. If the Provider terminates the User’s registration and/or removes the User’s profile or published content, the Provider is not obliged to inform the User about the termination or removal. The Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the Portal. Such information may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case. If a user’s access is blocked and/or the contractual relationship is terminated due to a culpable breach of contract, the user shall pay damages for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower. After termination of the contractual relationship, all data of the user will be deleted by the provider.
§ 7 Limitation of liability (services)
The provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers and other content generated by the purchasers. The Provider shall only be liable for damages resulting from injury to life, body or health if they are based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider. For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance with which the contractual partner may regularly rely), the provider is only liable if they are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider. The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they shall amount to a maximum of 5% of the order value. Claims for damages based on injury to life, limb, health or freedom are subject to a limitation period of 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (§ 199 Abs.1 BGB). The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 8 Offsetting and right of retention
The customer shall only have the right to offset if the counterclaim of the customer has been legally established or has not been disputed by the supplier. The Purchaser may only exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 9 Data protection
§ 10 Cookies
§ 11 Place of Jurisdiction and Applicable Law
For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The sole place of jurisdiction is the registered office of the provider.
§ 12 Final provisions
The contractual language is German. All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract. We reserve the right to make changes to our website, rules, conditions including these GTC at any time. Your order will be governed by the terms and conditions of sale, terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or government order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.