CLIENT Terms and conditions of SPLENDID RESEARCH GmbH for work in the field of market and social research
Section 1 - Conditions of application
1.1 The following General Terms and Conditions (hereinafter: GTC) apply - in their current version at the time of
conclusion of the respective contract - to all contracts concluded with us,
SPLENDID RESEARCH GmbH,
Barmbeker St. 7a,
District Court Hamburg HRB 143505,
VAT No. DE309722674,
represented by the Managing Director André Wolff,
Tel. 040/69 45 366-0, email@example.com
- hereinafter referred to as "SPLENDID REASEARCH GmbH“ -, as a provider in the field of market and social research and to you as our customer (hereinafter referred to as: Client). These terms and conditions apply to all such contracts regardless of whether you are a consumer, entrepreneur, or merchant.
1.2 If the Client uses its own General Terms and Conditions, these shall not apply if they deviate from or contradict the General Terms and Conditions of SPLENDID RESEARCH GmbH. Any existing, deviating terms and conditions of the Client do not become part of the contract agreed between the parties. This also applies in the event that SPLENDID RESEARCH GmbH does not expressly contradict these terms and conditions.
1.3 Deviations from the general terms and conditions of SPLENDID RESEARCH GmbH laid down here are only effective if they are individually agreed between the parties.
Section 2 - Subject of the Agreement
2.1 SPLENDID RESEARCH GmbH offers consultancy services in the field of market and social research, the offers of which are described in more detail in Section 3. The services are provided in accordance with the professional principles and professional standards required of market and social research sectors. SPLENDID RESEARCH GmbH services support the Client in their decisions. However, they do not make these decisions themselves and assume no responsibility for the consequences of the decisions made by the Client, insofar as no assurances or guarantees have been given in this respect.
2.2 The content and scope of the services to be provided by SPLENDID RESEARCH GmbH shall be governed by the respective individual contract or, in the case of DIY services, the order confirmation; the present GTC shall apply additionally to this.
Section 3 - Offer, order, prices
3.1 SPLENDID RESEARCH GmbH offers potential Clients in the field of market research various types of services, namely full service, sample only, and DIY service, as well as product tests on request, which consist of different types of services. These are essentially carried out on a web platform belonging to SPLENDID RESEARCH GmbH or a web platform belonging to the Client as specified by the Client and – if agreed – through consulting services provided by SPLENDID RESEARCH GmbH online surveys, which are completed by participants mediated by SPLENDID RESEARCH GmbH.
- In the case of full service, SPLENDID RESEARCH GmbH submits to the Client (entrepreneur, § 14 of the German Civil Code or consumer, § 13 BGB) a study proposal to be coordinated, in which are specified the task or the service to be provided in full, the time required for the study and the remuneration to be paid; it provides support in the development of a questionnaire and carries out the surveys after consultation basically within the framework of its own web platform and documents the results in an investigation report. The contract is concluded by accepting the offer of SPLENDID RESEARCH GmbH sent by e-mail or post.
- In the case of Sample Only, SPLENDID RESEARCH GmbH estimates the number of likely interviews for the Client (entrepreneurs, § 14 of the German Civil Code or consumers, § 13 of the German Civil Code), specifies the costs to be expected for this and carries out the surveys after consultation within its own web platform or on a web platform of the Client as well as any accompanying services. The contract is concluded by accepting the individual offer of SPLENDID RESEARCH GmbH sent by e-mail or post.
- In the DIY service, which is only available to entrepreneurs within the meaning of § 14 of the German Civil Code, the Client configures their target group and their questionnaire themselves. On this basis, the Client automatically receives an estimate of the feasible interviews and the costs of the project via a website of SPLENDID RESEARCH GmbH. The survey is carried out exclusively within the framework of a web platform belonging to the Client. For the commissioning of DIY services, the Client creates a password-protected user account on the websites of SPLENDID RESEARCH GmbH and is guided by an ordering process in which the Client determines the characteristics of the survey to be carried out themselves, thereby calculating the specified forecast price. Particularly relevant are the percentage of the target group to be surveyed in the selected target group of the survey ("incidence“), the relative scarcity of the target group ("selected profile depth“), the length of the survey as well as the desired number of successfully completed interviews.
By creating the user account, the user confirms that they are entitled to purchase services in their organisation at the project-specific amount in question. If they actively assign other users to their user account, they are confirming that they also have these permissions.
The Client submits a binding application for the configured services in the ordering process via the button "order subject to payment". Before submitting the order, the customer can review and change the information at any time. However, the order may only be submitted and transmitted if the Client accepts these terms when making the order by clicking the checkbox "I agree to these General Terms and Conditions." SPLENDID RESEARCH GmbH then sends the Client an automatic acknowledgement of receipt by e-mail, in which the Client's order is listed again and which the Client can print out using the "Print” function. The automatic receipt confirmation merely indicates that the customer order has been received by SPLENDID RESEARCH GmbH and does not constitute of an order or application acceptance. The Contract will only be formed upon the Supplier sending a notice of acceptance by a separate email (acknowledgement of order). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of order, Terms and Conditions and order confirmation) will be sent to the Client in a durable medium (email or hard copy) by us (Contract confirmation). The text of the Contract will be stored in compliance with data protection legislation. The information about orders can be viewed via password-protected access. Here the desired total number of interviews carried out, the quota limits and the participation link to the Client's web platform can be changed, which leads to an adjustment of the costs. Additional regulations for the DIY offer can be found in particular under § 11 of these GTC.
3.2 The opening hours of SPLENDID RESEARCH GmbH are limited to normal weekly working hours in Germany. Our office is not staffed on weekends, public holidays in the federal state of Hamburg and on 24 and 31 December. Clients are not entitled to offers, project support or other services in times other than our opening hours, unless otherwise offered or agreed to in writing. In the case of DIY services, the project is approved as soon as possible during our opening hours.
3.3 If SPLENDID RESEARCH GmbH has only estimated the expected number of participants of a target group for an offer, it will indicate this by adding the note "best effort“. Best effort data takes into account the uncertainty of forecasts of unknown parameters and thus does not justify claims to a guaranteed minimum number of cases. "Best effort“ in this context means that all panel members of SPLENDID RESEARCH GmbH potentially belonging to the target group are invited if the target number of participants has not yet been reached. In the case of DIY services, all interviews stated as likely to be feasible are generally considered to be "best effort“.
3.4 The prospective buyer receives the offer only for the purpose of deciding on the award of the service offered. Unless agreed otherwise, its content may only be published in whole or in part or passed on to third parties by mutual written agreement.
3.5 SPLENDID RESEARCH GmbH cannot guarantee exclusivity for certain product fields, test objects or test methods, unless agreed in writing. If exclusivity is agreed upon, its duration and any additional fee to be charged must be stated.
3.6 All prices vis-à-vis entrepreneurs are stated net excluding VAT, otherwise gross including VAT. The DIY services offered online are exclusively aimed at entrepreneurs.
3.7 Invoices are issued in Euro. If the Client transfers in another currency, he must ensure that the amount received by SPENDID RESEARCH GmbH matches the invoice amount. In particular, the Client bears any fees for an international money transfer.
3.8 Contracting entities to which the reverse charge procedure can be applied are responsible for providing a valid VAT ID when purchasing the service. Otherwise, SPENDID RESEARCH GmbH is obliged to invoice the net amounts plus German VAT.
Section 4 - Fees
4.1 The remuneration mentioned in the offer or in the case of DIY services in the order confirmation basically includes all services provided in connection with the performance of the order in the SPLENDID RESEARCH GmbH proposal. SPLENDID RESEARCH GmbH may demand additional remuneration for additional services requested by the Client.
4.2 Additional costs that are not attributable to SPLENDID RESEARCH GmbH and additional costs that were not foreseeable at the time of placing the order despite due care can be invoiced separately by SPLENDID RESEARCH GmbH if they are based on an objectively justified reason and are clearly recognisable and adequately intended for the Client. This also applies if the Client is not responsible for these costs.
4.3 In the full service and sample only services, two change loops are provided for the coordination of programmed questionnaires and investigation reports created with the Client. A change loop consists of the annotation of change requests by the Client and the implementation of corresponding changes by SPLENDID RESEARCH GmbH. All additional expenses are charged at an hourly rate of 95 Euros (plus VAT).
4.4 In addition to other services, only interviews or other services actually carried out successfully in accordance with the agreed requirements shall be remunerated. Insofar as volume discounts have been offered on the basis of the predicted number, these do not apply if the scope is significantly reduced, insofar as the Client is responsible for this.
4.5 The remuneration is to be paid without deduction no later than the payment term stated on the invoice by transfer to the bank account of SPLENDID RESEARCH GmbH. For full service and sampling services, the payment target is five days after invoicing, for DIY services fourteen days after invoicing, unless otherwise agreed in writing. In the event of default in payment, SPLENDID RESEARCH GmbH is entitled to demand default interest in the amount of eight percentage points above the base interest rate. In the event of late payments, SPLENDID RESEARCH GmbH reserves the right to withhold the services.
Section 5 - Order execution, completion
5.1 SPLENDID RESEARCH carries out the assignment according to scientific methods of market and social research - § 2 accordingly. SPLENDID RESEARCH GmbH is entitled to have the execution and scientific evaluation of the investigation carried out by cooperation companies or subcontractors.
SPLENDID RESEARCH does not assume any responsibility for the survey success and/or partial successes, but supports the Client within the framework of the concrete service offerings, unless otherwise agreed.
5.2 If, after placing the order, it turns out that the investigation cannot be carried out for methodological reasons which neither the Client nor SPLENDID RESEARCH GmbH could foresee and are responsible for, SPLENDID RESEARCH GmbH shall immediately inform the Client. If both parties do not find a methodical solution to the problem, SPLENDID RESEARCH GmbH is entitled to return the order due to impracticability. Insofar as SPLENDID RESEARCH is not at fault in this respect, the proper services actually provided up to that point shall be remunerated by the Client.
5.3 Valid participation in a survey is verified by a technical feedback to the systems of SPLENDID RESEARCH GmbH, insofar as these are included, which the Client accepts in principle as a method for measurability, insofar as no faults occur. In addition to this, § 11 of these General Terms and Conditions governs DIY services.
5.4 In principle, all services of SPLENDID RESEARCH GmbH are to be understood as services. Insofar as SPLENDID RESEARCH GmbH has to provide tangible success within the scope of its services and responsibility to the Client, completion takes the place of acceptance if acceptance is excluded according to the nature of the service. In all other respects, the Client is obliged to accept such defect-free services. Acceptance cannot be refused due to insignificant defects. Upon termination of a service at the sole instigation of the Client, without objection, and/or use of products from the order, there is in principle an implicit acceptance. If no objections are raised by an entrepreneur within 7 days of the request for acceptance or invoicing, the service is deemed accepted. SPLENDID RESEARCH GmbH is entitled to provide independent (partial) services to the Client for acceptance.
Section 6 - Copyrights, proprietary rights and accessory obligations
6.1 SPLENDID RESEARCH GmbH retains all rights to which it is entitled under the Copyright Act. The Client acknowledges that the sole copyright and all intellectual property rights to investigation concepts, suggestions, methods, procedures and process techniques, graphical and tabular representations originating from SPLENDID RESEARCH GmbH and to know-how embodied in other services belong exclusively to SPLENDID RESEARCH GmbH, unless otherwise stated in § 7 below. The copyright of the Client for documents that he has prepared remains unaffected.
6.2 Unless otherwise agreed, SPLENDID RESEARCH GmbH is the owner of the material obtained during the execution of the order – data carriers of any kind, questionnaires, further written documents, etc. - and the data obtained. The anonymity of the respondents or the test persons may not be jeopardised by such an agreement.
6.3 SPLENDID RESEARCH GmbH undertakes to retain survey documents for a period of one year and data and data carriers for a period of two years after delivery of the investigation report, unless expressly agreed otherwise. Storage takes place exclusively in encrypted form.
6.4 SPLENDID RESEARCH GmbH and the Client undertake to treat all information exchanged between them within the framework of the execution of the order as strictly confidential and to use it exclusively for the execution of the order. Employees must oblige accordingly. This obligation also applies to the period after completion of the order execution. It does not apply to information for which the other party demonstrates that it was known prior to receipt or that it was known to the public prior to receipt or that it became available to the public after receipt without the receiving party being responsible for it.
Section 7 - Use of the survey report and the survey results
7.1 Agreed survey reports and results (hereinafter: work results) are only available to the Client for internal use, unless SPLENDID RESEARCH GmbH agrees in writing to their complete or partial disclosure to third parties or publication as part of a press release. SPLENDID RESEARCH GmbH grants the Client a comprehensive right of use for any internal purposes for work results created individually for him. The work results may not be reproduced, printed, made publicly available or stored, processed or disseminated in documentation and information systems of any kind without prior consent for the purpose of disclosure to third parties or publication. These provisions do not apply insofar as only insignificant parts of the investigation reports or survey results are concerned.
7.2 Comparative publications mentioning SPLENDID RESEARCH GmbH are only permitted with their express consent.
7.3 If the Client wishes to quote in whole or in part from the survey report, they must identify the quotes as such and mention SPLENDID RESEARCH GmbH as the author of the survey report. The right to quote arising from § 51 UrhG remains unaffected.
7.4 The Client indemnifies SPLENDID RESEARCH GmbH against all claims asserted against it if the Client has intentionally or negligently used the results obtained unlawfully, in particular through unlawful and/or incorrect advertising.
Section 8 - Guarantee and warranty
8.1 Unless otherwise stipulated below, SPLENDID RESEARCH GmbH is liable under statutory provisions.
8.2 SPLENDID RESEARCH GmbH does not guarantee that the data it collects, evaluates and analyses according to the rules and methods of market research can be commercially exploited by the Client in a certain way. SPLENDID RESEARCH GmbH is not responsible for the survey success and/or partial successes. The Client is obliged to monitor the survey success and to raise objections with regard to services of SPLENDID RESEARCH GmbH at an early stage. The warranty begins in the case of § 5, para. 5.4 from the stated date and amounts to 12 months vis-à-vis entrepreneurs.
8.3 SPLENDID RESEARCH GmbH is not liable for damages arising from or in connection with the interpretation of the delivered data/results by the Client, unless there is a breach of duty within the meaning of No. 8.4.
8.4 SPLENDID RESEARCH GmbH is liable within the framework of the statutory provisions only in accordance with the following provisions, irrespective of the legal basis:
SPLENDID RESEARCH GmbH is fully liable for damages arising from injury to life, limb or health, fraudulent conduct, intent or gross negligence, as well as from a legally mandatory no-fault liability (e.g. from the Product Liability Act) or a liability arising from a no-fault guarantee.
The provider is only liable for simple negligence if essential contractual obligations (cardinal obligations), the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the contractual partner may regularly rely on, are violated. Liability is limited to typical and predictable damage. Compensation for indirect and unforeseeable consequential damages is excluded. These claims become statute-barred after one year from their creation.
Liability limitations or exclusions also apply to the personal liability of employees, staff, representatives, bodies and vicarious agents (including subcontractors) of SPLENDID RESEARCH GmbH. Exclusions also apply to the personal liability of staff, employees, representatives, bodies and vicarious agents (including subcontractors) of SPLENDID RESEARCH GmbH.
8.5 If the Client is called upon for alleged breaches of duty of SPLENDID RESEARCH GmbH and the Client wishes to make recourse to SPLENDID RESEARCH GmbH, the latter must be informed as soon as possible. SPLENDID RESEARCH GmbH is entitled to conduct or supervise the legal dispute. This right of SPLENDID RESEARCH GmbH shall not affect the Client's rights of defense.
Section 9 - Default
9.1 If the Client is in default with the provision of the information necessary for carrying out the survey or with the provision of the necessary documents, SPLENDID RESEARCH GmbH is not obliged to comply with agreed delivery and performance deadlines. If, despite a reasonable grace period set by SPLENDID RESEARCH GmbH, the Client does not fulfil its obligations to cooperate, they are entitled to terminate the contractual relationship for good cause and to claim damages, at least to settle the project management fee specified in the offer.
9.2 In the event of late delivery, SPLENDID RESEARCH GmbH is only liable in the event of default. The Client may only assert claims for damages in accordance with § 8.
9.3 In the event of non-compliance with agreed delivery deadlines on account of delays due to force majeure, riots, strikes, government measures, lockouts or operational disruptions not attributable to SPLENDID RESEARCH GmbH, even in the case of a subcontractor, the performance time shall be extended by the period until the disruption has been rectified. SPLENDID RESEARCH GmbH shall inform the Client of the beginning and end of the fault. In the event of permanent operational disruptions caused by force majeure or permanent operational disruptions for which it is not responsible, SPLENDID RESEARCH GmbH has the right to terminate the contractual relationship for good cause or to withdraw from the contract, excluding any claims for compensation.
Section 10 - Product tests
10.1 The Client shall indemnify SPLENDID RESEARCH GmbH against all claims made against SPLENDID RESEARCH GmbH or its employees due to damage caused by the product to be tested.
10.2 The Client is responsible for ensuring that all necessary chemical, medical, pharmaceutical or other technical tests/examinations/analyses of the test product have been carried out. He assumes responsibility for ensuring that the product is suitable for the test and, if a check was necessary and has taken place, there was no indication that the product could cause any damage. The Client is responsible for ensuring that all information prescribed by law or regulation and/or necessary for the use of the product is made available to SPLENDID RESEARCH GmbH so that it can be passed on to the test participants.
10.3 Moreover, the provisions of the Product Liability Act apply.
Section 11 - Special conditions for DIY services
11.1 As an essential defining feature of DIY services, the Client is responsible for the selection of the target group as well as for the creation of the questions themselves. Through various profiling options, the customer can preselect the target group. The profile information is provided by the participants independently and is not validated by SPLENDID RESEARCH GmbH. If the Client achieves substantively inferior or unusable results due to an incorrect selection of the group of persons to be surveyed, this is their own responsibility.
If the incidence of the project is lower than estimated by the Client due to an incorrect selection of the group of people to be surveyed, this is also their own responsibility. A price adjustment is then made in accordance with the provisions in § 4, section 4.4 of these GTC.
SPLENDID RESEARCH GmbH is only responsible for supplying the survey participants according to the Client's specifications when conducting the survey.
11.2 The estimated feasibility of a project shall be based on the factors of target audience, incidence, questionnaire length and field time (the time during which participation in the survey is possible). SPLENDID RESEARCH GmbH is constantly developing its algorithms for assessing feasibility. Nevertheless, as described in § 3, section 3.3 of these General Terms and Conditions, the stated number of complete interviews cannot be guaranteed, nor can a certain proportion thereof. In particular, significant deviations in feasibility are to be expected if framework or screening conditions have been misstated, the questionnaire offers a poor user experience, is not optimised for mobile use or the Client has already conducted interviews with other service providers for this project.
If the Client has already conducted interviews with other service providers for this project, it is their responsibility to ensure that the double participation of respondents is excluded. Users who are excluded from re-participation due to prior participation with another service provider, will be included in the calculation of the final incidence.
SPLENDID RESEARCH GmbH is only responsible for supplying the survey participants according to the Client's specifications when conducting the survey.
11.3 As soon as the feature is available in the user interface, participants from previous surveys can be specifically included or excluded for a further survey. If participants are to be questioned again, it cannot be guaranteed that they will continue to be available for surveys or that they will participate in the specific survey.
11.4 Screening questions to determine the fit to the target group of the survey as well as the questions that are assigned quotas must be queried in the first three minutes of the survey. Quotas must be set in the customer's questionnaire. Our system will strive for as many complete interviews as indicated by the Client. If there are more complete interviews than desired, this is the responsibility of the Client and will be charged with the project-specific interview price. If a proportion of more than 20 percent of the completed interviews are unsuccessful, since the participants exceed a quota setting in the Client's web platform, SPLENDID RESEARCH reserves the right to pause the survey unilaterally and discontinue the further delivery of the project if necessary.
11.5 It is the sole responsibility of the Client to monitor the quality of the conduct of the survey. During the field time (the time during which participation in the survey is possible), deviations from the agreed quality can be asserted at any time. The Client is obliged to monitor and assert claims without undue delay. After expiry of the field period, SPLENDID RESEARCH GmbH shall only be responsible in accordance with § 11, para. 11.6.
11.6 After completion of the field period, a maximum of two percent of the cases can be claimed to be of inferior quality for which SPLENDID RESEARCH GmbH is responsible. The Client has five days after the end of the field phase to do this. A corresponding function and upload templates are provided in the user interface. The Client is generally obliged to provide a justification for the complaint on a case-by-case basis, which is communicated to the participant. If the Client considers more than two percent of the cases to be worthy of complaint, he must contact SPLENDID RESEARCH within five days of the end of the field phase and demonstrate the defectiveness of the services of SPLENDID RESEARCH GmbH contrary to the successful technical feedback (cf. § 5, para. 5.3 General Terms and Conditions). The field phase is automatically terminated without the intervention of the Client, if the desired number of complete interviews has been delivered, or if no new complete interviews could be generated for five days.
11.7 In principle, surveys with special technical requirements cannot be booked as a DIY service, but must be booked as a sample only service. Special technical requirements for the purposes of this regulation include, but are not limited to: certain permissible Internet browsers, operating systems, device or device classes, non-existent optimisation for mobile devices, Adobe Flash players or other additionally required software, plugins or hardware such as a webcam.
11.8 The following rules must always be observed when surveying our participants:No collection of personal data ("PII") in the questionnaire (first and last name, e-mail address, address, etc.), no offensive or defamatory, harassing or helping to harass any other person, no pornographic and/or erotic content or content contrary to youth protection laws, no content supporting racism, fanaticism, hatred or physical violence of any kind against any group or individual; and not supporting illegal activities or conduct, in particular violent content or incitement to popular violence.
11.9 Surveys must be presented to respondents in the appropriate national language. In multilingual countries, it is ideally possible to select the language of the survey yourself. In the case of content of all kinds, the Client is responsible for acquiring the necessary rights of use within the framework of the project with any different authors. It is not permissible to use the survey to recruit participants for surveys on other survey channels, portals of any kind. Nor may participants be asked to download or install software of any kind (app, plugin, etc.). Furthermore, participants may under no circumstances be asked to register with another service.
11.10 The purpose of the surveys may only be market research, i.e. in particular no marketing, sales or acquisition activities.
11.11 Before data collection can begin, the customer must give SPLENDID RESEARCH the opportunity to test. To do this, SPLENDID RESEARCH requires a link to the questionnaire that is identical in content (it can be a special test link) and test instructions in order to be able to test the screening conditions.
11.12 The Client is responsible for ensuring that all end links (Complete, Screenout, Quotafull) are correctly stored, so that the Panellist is automatically returned to the SPLENDID RESEARCH system at the end of the survey.
11.13 Due to the implementation within its own web platform, it is the responsibility of the Client to ensure compliance with the quantities commissioned and to take technical or other precautions. If the length of the questionnaire or the actual incidence (frequency of a particular socio-demographic characteristic) deviates by 15 per cent or more from the level independently specified by the Client in the setup of the project, SPLENDID RESEARCH is entitled to demand additional remuneration corresponding to the automatically determined estimated project price, provided the Client specifies the project specifications correctly.
11.14 SPLENDID RESEARCH cannot match any additional information from the respondents' profile with the information in the interview. All information necessary for the desired type of evaluation must be collected in the questionnaire.
Section 12 - Right of cancellation for consumers
The consumer is entitled to a statutory right of withdrawal, in particular in the case of contracts concluded outside business premises (cf. § 312b of the German Civil Code) and in the case of distance contracts (§ 312c of the German Civil Code), of which they are informed of the following. This is followed by a sample withdrawal form. A consumer is any natural person who enters into a legal transaction for purposes which can be primarily attributed neither to their commercial nor to their independent professional activity.
Right of rescission
You have the right to withdraw from this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days from the date the contract was concluded.
In order to exercise your right of withdrawal, you must inform us, SPLENDID RESEARCH GmbH, Barmbeker Str. 7a, 22303 Hamburg by making a clear declaration (e.g. via post or email) that you wish to revoke this contract. You may use the attached sample cancellation form, but this is not required.
In order to comply with the revocation period, you simply need to send us notice that you are exercising your right of revocation before the cancellation period has expired.
Consequences of rescinding your order
If you choose to withdraw from this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.
If you have already asked for services to begin during the period prior to your revocation, you will have to pay an appropriate amount corresponding to the service already provided up to the date on which you notified us that you were exercising your right to withdraw from this contract, prorated to the total scope of services provided for in the contract.
Sample revocation form
(If you would like to revoke the contract, please complete this form and send it back to us.)
SPLENDID RESEARCH GmbH,
Barmbeker St. 7a
- I/we(*) hereby give notice that I/we(*) withdraw from the contract I/we have concluded regarding the purchase of the following goods(*)/provision of the following service(*):
- ordered on (*) / received on (*)
- Consumer name(s)
- Customer address
- Signature of Customer(s) (only if this form is sent on paper)
(*) Strike through as applicable
Section 13 - Final provisions, ODR dispute resolution
13.1 The place of performance for all services to be provided by SPLENDID RESEARCH GmbH is Hamburg. The place of jurisdiction for all claims made in connection with the contract between the parties or its implementation is Hamburg, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law.
13.2 Unless expressly agreed otherwise in writing, the law of the Federal Republic of Germany shall apply to the contractual relationship between SPLENDID RESEARCH GmbH and the Client.
13.3 Written form within the meaning of these General Terms and Conditions also includes fax and e-mail.
Should individual provisions of this agreement be wholly or partly invalid or void, or should they become wholly or partly invalid or void due to a change in legislation or by the adjudication of a supreme court or otherwise, or should this agreement prove to contain loopholes, then the parties agree that the other provisions of this agreement will remain unaffected and valid. In such cases, the parties undertake, in consideration of the principle of good faith, to replace the invalid provision by a valid one which comes as close as possible to the meaning and purpose of the invalid provision, whereby it can be assumed that the parties would have agreed such a provision at the time of conclusion of the Agreement if they had known or foreseen the invalidity or nullity of the original provision. The same applies if this Agreement should contain a loophole.
13.5 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: the European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/. We are not obligated nor generally prepared to participate in a dispute resolution procedure before a consumer arbitration board.
Hamburg, August 2019