§ 1 Scope
All contracts concluded with IngreScan GmbH are exclusively subject to the version of these Standard Terms and Conditions in force at the time when the contract is concluded. Deviations from these Standard Terms and Conditions will count as not agreed, even if IngreScan GmbH does not expressly reject the changes proposed by the contract partner. Amendments and supplementary agreements to this contract must be in writing.

 
§ 2 Subject of contract and due dates for payment
The subject of this contract is the supply of information from a cosmetics/pharma/detergent product databank created by IngreScan GmbH in return for a fee. The Customer instructs IngreScan GmbH in writing to supply it with information from its databank about the composition of a particular finished good or the use of a particular ingredient in cosmetics/pharmaceuticals/ detergents by third parties.
 
Fees are payable in advance and before the supply of the information requested. IngreScan GmbH is under no obligation to supply the information until the fee payable has been paid irrevocably and in full.
 
IngreScan GmbH will supply the information required by the contract from the up-to-date contents of its databank, with no liability being accepted for the accuracy or completeness of this information, as IngreScan GmbH is dependent on information from third parties for its databank. IngreScan GmbH's contractual obligations are limited to the processing, visualisation and/or implementation/ supply of this data at the Customer's premises. All information about ingredients, brands/trademarks, manufacturers and applications are - as in the case of all such consumer goods/cosmetics/pharmaceuticals/detergents - subject to constant change and never give a complete picture of reality. IngreScan GmbH is therefore under no obligation to ensure the accuracy or completeness of the information relating to the product or other data.
 
§ 3 Exclusion of liability
IngreScan GmbH gives no warranty for the up-to-dateness, accuracy, completeness or quality of the information supplied. Liability claims against IngreScan GmbH relating to material or immaterial damage caused by the use or non-use of the information supplied and/or by the use of incorrect and/or incomplete information are excluded unless IngreScan GmbH can be shown to be guilty of deliberate or grossly negligent culpable behaviour.
 
Claims for damages based on impossibility of performance, on positive breach of obligation, on culpable behaviour when the contract was concluded or on tort, are excluded both against IngreScan GmbH and against the latter's vicarious agents, unless there was grossly negligent or deliberate action.
 
The burden of proof that there was no deliberate or grossly negligent behaviour is on IngreScan GmbH. Nevertheless, IngreScan GmbH undertakes to meet the standard of care required of a prudent merchant in supplying the information ordered.
 
IngreScan GmbH's contractual liability is limited to twice the amount of the Customer's fee, unless IngreScan GmbH acted deliberately or with gross negligence.

§ 4 Data protection
All data, in particular names and addresses, which become known as a result of the contractual relationship, will be kept confidential and not passed to third parties by IngreScan GmbH, unless the Customer consents to this in an individual case. The Customer is aware of and consents to the data required for the satisfaction of contractual obligations being stored in the computer system. Statutory data protection rules will be adhered to.
 
§ 5 Concluding terms
All legal relationships/transactions between IngreScan GmbH and the Customer are subject to German law. Amendments to the terms are only possible by mutual agreement and must be in writing.
 
IngreScan GmbH is entitled to nominate a third party by unilateral declaration to take over the rights and obligations arising out of this contract. In this case the Customer will be entitled to withdraw from the contract.
 
Should any of the above terms be invalid or unviable, this shall not affect the validity of the remaining terms.

If the contract partner is an entrepreneur, a public law legal entity or a public law fund, the legal venue for disputes arising out of this contract is agreed to be Cologne, Germany.

 
Standard Terms and Conditions of IngreScan GmbH - Version 1.03: last updated 01.01.2022