General Terms and Conditions

1. General:
We only serve companies (commercial customers) and not private individuals. All prices are exclusive of VAT. The contract is concluded upon receipt of our order confirmation by the customer. If there is good reason to do so, we reserve the right to withdraw from the contract even after the order confirmation has been sent.

2. Delivery:
The addresses are delivered within 6 working days (for data from 1 country) or within an additional 5 working days (for data from each additional country) from the order placement, in Excel format to the email address specified in the customer's user account. If the data is to be delivered in a different data format, in a different way or to a different email address, please send an email with your request to info@medcarecontact.com after placing your order.

3. Payment:
We reserve the right to check the creditworthiness of the customer before delivering the addresses. In case of sufficient creditworthiness, the delivery is made against invoice and the invoice is due upon receipt after delivery without discount deduction. In the event of unknown or insufficient creditworthiness or in the event of larger orders, we will contact the customer and agree on an individual payment process (prepayment, partial prepayment). Both contracting partners can, if desired, also withdraw from the contract.

4. Delivery quantity:
The available address quantities may differ from the order quantities due to ongoing updating measures. In the case of a lower total deliverable quantity by up to -10% compared to the total quantity ordered, underdelivery shall take place without consultation if the total price is reduced in accordance with the individual prices on which it is based. In the event of a lower total deliverable quantity of -10.1% or more compared to the total quantity ordered, we shall contact the customer and inform him of the total quantity that can be delivered and the resulting total price with the customer being able to withdraw from the order. Shortfalls in individual territories, sectors, market segments and target groups will be compensated by additional deliveries from other territories, sectors, market segments and target groups without consultation as long as the total quantity ordered is maintained or only falls below a maximum of up to -10%. If the total quantity that can be delivered exceeds the total quantity ordered, the ordered address quantity will be delivered (reduction at random).

5. Copyright and usage rights:
The addresses and additional data supplied by us are protected by copyright in accordance with §§ 4, 87a ff of the German Copyright Act. The delivered address data may only be used to the extent agreed upon when the order is placed: All addresses delivered for single usage may only be used once; all addresses delivered for annual usage may be used as often as desired for a period of 12 months from the delivery date; all addresses delivered for permanent usage may be used as often as desired indefinitely. In each case, the delivered addresses may be used exclusively for the Licensee's own direct advertising purposes or, in the case of annual or permanent usage, also for CRM and ERP purposes in compliance with the regulations of the Data Protection Act. Without a separate agreement, the addresses supplied may not be used for either joint advertising nor (online) directories. The delivered address data may not be passed on to third parties except on to contract data processors, who as vicarious agents are to be bound to the Data Protection Act as well as to the present copyright and usage rights just as the employees of the licensee. In the case of an order by an address broker (list broker, address dealer, direct marketing or advertising agency), i.e. a principal who orders addresses on behalf of his customer (advertiser), the usage right refers to the advertiser who is to be named to us as licensee by the address broker and who is to be obligated by the address broker to adhere to the present copyright and usage rights as well. Compliance with the aforementioned terms of use is meticulously monitored by means of control addresses. Upon violation, the licensee or in case of a defective obligation by the address broker or in case of poor creditworthiness or even insolvency of the licensee the customer is obliged to pay a contractual penalty to us in the amount of 10 times the single usage fee. In addition, we reserve the right to assert further claims for damages. Proof of the infringement can be provided by submitting a single control address to which an advertising mailing from the customer, the licensee or a third party has been illegally delivered, so far as it is due to the delivery of the address.

6. Warranty for returns and incorrect addresses:
For addresses from the first use of our address delivery that cannot be delivered by mail (returns), which the customer sends us within 90 days of the address delivery in digital form as a structured Excel or CSV file with our delivered address ID or complete original address and information on the reasons for undeliverability by mail, we grant the customer a refund in the amount of EUR 0.60 plus VAT per return. For returns that are physically transmitted or scanned, we grant a reduced refund in the amount of EUR 0.30 plus VAT per return. The refund only applies to returns from the first use for each address delivery, i.e. only once per address delivery, independent of the right of use. Furthermore, we shall not be liable for damage or consequential costs (printing, shipping and postage costs, labor costs, etc.) incurred by the address user as a result of returns. Both we and our subcontractors try to enter the data as accurately as possible, to categorize it, to enrich it with additional data and to keep it up-to-date to the best of our knowledge and belief. However, we cannot exclude collection, categorization, data enrichment and update errors. Furthermore, the data are subject to ongoing and unforeseeable changes which cannot be traced in real time. Therefore, we are only liable for a lack of accuracy (collection, categorization, data enrichment and update errors), which the customer must prove to us for each individual address, up to the respective usage fee per incorrect address. For this purpose, the customer presents us with an error log, on the basis of which we refund the customer for the incorrect data with the respective usage fee. A lack of completeness of the delivered data (e.g. missing legal form suffix in the company name) will not be compensated as long as the postal deliverability of the address is not affected. The order processing fee included in the total price is in none of the aforementioned cases subject to any subsequent pro rata or total reimbursement.

7. Withdrawal from the order after data delivery:
A withdrawal from the order after data delivery is excluded in any case. This also applies in the event that the data was partially incorrect.

8. Late payment:
In the event of a delay in payment, the customer guarantees to reimburse the reminder and collection expenses incurred by us (EUR 10.00 for each reminder sent by us plus statutory maximum rates in the case a collection agency or lawyer was engaged). The statutory default interest of the country in which the customer has their registered office shall apply.

9. Miscellaneous:
Place of jurisdiction is Munich/DE (for customers from Germany) or Innsbruck/AT (for customers from other countries). Errors and screen display errors excepted. Should any of the aforementioned conditions be invalid, the validity of the remaining conditions shall not be affected.