General Terms and Conditions of IMPLANT-REGISTER/Implantwiki®
(1) Regarding the business relationship between IMPLANT-REGISTER/implantwiki® GbR (hereinafter: implantwiki®) and the customer, only the following General Terms and Conditions which were present on the internet at the point of time when the information was presented, shall apply. The business relationship concerned here includes the presentation of informations and the sale of different services to support this.
(2) You may visit implantwiki® without giving personal information. Implantwiki® uses software (aka cookies) from third-party suppliers for analyzing the use of its services (e.g. Google Analytics, strato). This enables implantwiki® to evaluate the use of the service and to gain valuable information about the needs of the users. These findings contribute to improve the quality of the service. Cookies may be used, which are text files that are stored on the computer of each visitor to the services. Cookies make it possible to recognize each user when they return to the service. This allows to carry out the evaluation of the services use, as described above. In general cookies may be refused or deleted through corresponding browser settings. However, in this case it is possible that some functions of the service will not be available in full. In addition, some technical data, including the IP address of any user is collected and saved by the deployed software. Names or addresses are not asked for and not collected.
(3) Personal data are collected from customers, who present their products at implantwiki®. These data are used only for the fulfilment and processing of orders.
(4) Implantwiki® shall carry out any order according to the General Terms and Conditions valid at the time of order placement. The customer can access the current version of the General Terms and Conditions under Terms and Conditions on the internet web page www.implantwiki.com. Implantwiki® expressly reserves the right to make alterations and additions.
(5) These General Terms and Conditions shall apply exclusively; implantwiki® does not recognize any provisions of the customer conflicting with or deviating from these General Terms and Conditions unless implantwiki has expressly consented to their validity in writing. These General Terms and Conditions shall also apply even if implantwiki performs presentations of the customer in full awareness of customer provisions conflicting with or deviating from said General Terms and Conditions.
(5) All agreements concluded between implantwiki® and the customer in execution of this contract are stipulated in writing therein.
2 Copyright and property rights
(2) The IMPLANT-REGISTER® owns the copyright, the exploitation right, and all other industrial property rights for all websites and applications, including their layout, source code, and the contents. IMPLANT-REGISTER® started in 1990 in Germany nationwise for dental implants excusively. The right to a printed, german versions was given to a third party under specific conditions.
(3) Calling up, saving, copying, or printing the websites and the applications, their contents, or any results generated or displayed with the presentation tools, in full or in part, is permissible only for private, scientific or non- commercial personal use. Calling up and displaying the services is permissible only with the tools provided by implantwiki®, that is by presentation in a web browser and by executing in mobile presentation or apps. Any call-up or extraction of the raw data or any automatic call-up of the services expressly is not allowed.
(4) Any duplication, transmission, distribution, data transfer, reproduction, publication, translation or sale of contents is expressly not allowed, unless with the prior, explicit consent of Implant-Register® in writing. All actions above and beyond the stated uses shall require the prior, explicit consent of implantwiki® in writing.
(5) References to copyright and trademark designations may not be modified or removed. Listed products may have copyrights, patents or whatsoever national or international regulated protection. Implantwiki does not guarantee the correct use of corresponding labels like ® or ™. Pictures are marked as they have different origins. Pictures of implant products are taken from brochures of the company, if not delivered from her and there is no guarantee for them to be current, if the product is not registered. Logical a missing protection label does not testify the absence of it.
3 Conclusion/rescission of contract
(1) The respective contract is formed when implantwiki® accepts the order through an order confirmation which implantwiki® sends via e-mail.
(2) implantwiki® shall check incoming information and report any deficiencies thus determined to the customer by e-mail or by telephone. Any changes in the scope of the contract must be clarified with the customer.
(3) implantwiki® reserves the right of rescission in the following cases: (a) The information given are not certified by scientific publishing or are refuted by any information. (b) The data given are not complete and may cause wrong interpretations. (c) implantwiki® reserves the right to withdraw without any explanation.
4 Terms of payment
(1) All prices quoted in the price lists are subject to change without notice. The prices valid on the day of delivery or performance shall apply. All prices are quoted without cash discounts or other allowances. The legal value-added (sales) tax is not included in the prices; it will be separately itemized in the invoice to the amount legally applicable on the day of invoicing. V.A.T. valid in Germany the day of delivery will be applied. The customer is responsible for tax refund procedures or tax avoiding measures within Europe like presenting his VAT-ID-number.
(2) The presentation fee is due the day, the presentation of the given data is confirmed by implantwiki and the customer.
(3) If the method of payment is advance payment, the presentation follows the receipt of payment.
(4) The customer may exercise offset rights only if his counterclaims have been legally determined, are indisputable or have been recognized. He is authorized to exercise his right of retention only if his counterclaim is based on the same contractual relationship. The contractual relationship here is the concrete individual order.
(5) Except when otherwise stipulated, payment shall be made by direct debit or by credit card. If the customer’s place of business is located outside of Germany, payment is possible only by credit card or by advance payment.
5 Publication time
Implantwiki® is entitled to take the time needed to prove all information given.
6 Liability for published data
(1) Any claims for wrong or missing data in a publication may not cause any obligations of implantwiki®. The data provided are intended exclusively to inform any visitor to the services and do not represent advice or any other form of recommendation.
(2) Implantwiki® is responsible exclusively for those data contents that implantwiki® itself has created, published and distributed. Insofar as downloadable data contents are inserted and made accessible by third parties or by their commission, implantwiki® shall not accept liability of any kind for the contents, the correctness, the actuality or reliability of the items, nor for any possible typing or transmission errors. Claims of any kind whatsoever arising from items from third parties should therefore always be submitted by the user directly to the relevant third party and not to implantwiki®.
(3) Implantwiki® assures to correct wrong or missing data within a reasonable time to review the correctness.
7 Transfer of Rights, Granting of Rights
(1) Any import of items (text, photos, etc.) by the company or any other contractor shall be deemed to be a warranty that the company or any other contractor possesses and/or has been granted fully and effectively all the necessary rights and so possesses the right to import the items without restriction and without fee into the service of implantwiki® for use, for imitation, for modification, for processing, for publication, for translation, for worldwide public provision, and for connecting to other items. Any import of data must be carried out in compliance with all relevant statuary provisions (e.g. copyright law). The manufacturer or contractor must pay all incurred fees and duties.
(2) Upon import, the company or any other contractor grants himself or on behalf of the legal owner to implantwiki® the non-exclusive right to distribute these items, to modify them, to process them, to translate them, to publish them, to integrate them in other items of any form, and to use them for advertising purposes without any restriction with regard to time, location, or content. Implantwiki® hereby reserves the right to delete any illegal or wrong items to his knowledge or to block access to such items.
(1) The provided information may only be called up in such a way that does not impair the use of the services by the other visitors and which corresponds to the use intended by implantwiki®.
(2) Implantwiki® may carry out new developments and modifications to the services at any time and without notice, which may modify, restrict, or entirely delete the existing functions. Implantwiki® is also entitled to restrict or to deactivate the access of users and to suspend the service at any time. Implantwiki® reserves the right to modify or to delete information or data at any time without any specification of reasons. Payed services may be compensated in this case.
Place of business: Holsteiner Ufer 34, 10557 Berlin, Germany, Status: 2015-01-01