General Terms and Conditions (GTC) as of March 2015
Katapult gUG (limited liability)
court of registration: Amtsgericht Greifswald
chairperson: Benjamin Fredrich
telephone: 0176 56 99 89 44
01. Application of GTC and prime obligations
These terms regulate the use of the websites and the accompanying websites operated by Katapult gUG. Individual contracts and legal provisions take precedence over these terms. If Katapult and a customer agree on a fee for the use of parts of the website, the customer is obliged to indicate whether he is a consumer or a businessperson. Furthermore, he is obliged to give his contact as well as his banking details.
02. Performances free of charge
Katapult also offers content free of charge for personal and non-commercial use. This includes for example the use of content for internal analysis or presentations. The right to publish content for a commercial purpose is excluded. This comprises for instance the report in commercial publications (digital/analog).Katapult prohibits the use of the content for pornografic, racist or similar purposes as well as any changes by the customer.
03. Performances liable to costs
A licence is required for the commercial use of all illustartions made by Katalpult.Katapult offers different types of licenses. The regulations of these licenses must be obeyed. The price for each licence is shown in the Katapult Shop on the website.
With the standard licence the customer has the right to use and dublicate our maps for a commercial use.
With the exclusive licence the customer has the right to use and dublicate our maps for a commercial use. Furthermore, Katapult guarantees that no other customer will be licensed for that map. Only the customer and Katapult have the right of use.
As far as Katapult is required to transfer files to the customer's computer, its obligation consists of providing the files for download in a customary manner.
Katapult is allowed to lay out the modality of invoices, especially the breakdown of partial performances or the listing of expences and performances by thrid parties at its own discretion. Legal provisions and the obvious interests of the customer have to be taken into consideration.
04. Declarations and conclusion of contract
Both parties can receive declarations by the online shop and e-mails, as far as those GTC do not provide different rules for important reasons.A party changing its e-mail or postal address is chargeable to difficulties with receipt of mails and post caused by this change.None of the parties is obliged to proove the actual receipt of declarations having been send by e-mail. It is sufficient to prove that the mail has been sent according to the rules. The contract is concluded in German exclusively.
Katapult performes by the online shop or by e-mail if the customer gave the following information:
a) delivery and payment information for the delivery of the performance and the invoice
b) e-mail address for the sending of account and invoice information as well as product information and a newsletter (optional)
c) Confirmation of the advice regarding the period of notice and the provisions of payment as well as the confirmation of the revocation policy for products for non-commercial use and the confirmation of the GTC.
After the customer has sent his order, Katapult send back an e-mail with the confirmation of the order its details.This confirmation informs the customer that his order has been received by Katapult.
The contract is concluded only when Katapult accepts the offer. The customer will be informed subsequently about it.
05. No power of revocation
In principle, the customer has a right of revocation with distance selling contracts according to § 355 BGB. This right is excluded according to § 312 d Abs. 4 Nr. 1 BGB for contracts for the delivery of products which are not suitable for return due to their nature. Licenses by means of downloads fall within the ambit of this exception, because they can be used continuously and cannot be returned without remains.
The customer accnowledges that the maps contain gerneralised information, that may be wrong or open to interpretation without this beeing obvious by the time of use. Therefore, Katapult is not liable for any damages caused by the use of the maps offered on the web sites.
The customer is not allowed to let third parties use the performances by Katapult, unless this is allowed by law or Katapult explicitly agreed on it.Third parties are also connected companies in the sence of §§ 15 ff. AktGThe customer has to compensate the damages caused by any infringement of this debenture bond.
07. Times, definition of performance and provisions of payment
The price for the performance shown in the online-shop includes the VAT.
If the customer is in default, Katapult determines a fee of 5 € for each reminder, unless the customer prooves that no damage or only a damage at low cost has been caused. Katapult reserves the right to to make further claims concerning the delay of payment.
Money can be payed by bank transfer, PayPal© or credit card. Katapult pays back any repayments to the account. Administrative charges for the repayments take a bearing on the legal provisions.
If Katapult is in default, the customer has the right to resign from the contract, under the condition that Katapult does not keep to the reasonable additional period of time set by the customer. The additional period of time must be at leat two weeks. Periods for which performance and consideration were done according to the contact/rules are taken out for the reversed transaction.
08. Vontary increased efficiency
Free additional services provided by Katapult are therefore no components of the contract. Catapult may modify these services at its own discretion and / or adjust them. Even repeated provision of such services does not imply an obligation for the future. If the customer benefits Katapult or Katapult grants the customer - for whatever legal reason - a credit, Katapult is entitled to charge the customer's claim to own recurring claims, as far as it is reasonable for the customer.
09. Objections and other provisions
Objections to an invoice have to be notified by mail within one month after receipt of the invoice.
Katapult may change these terms and conditions, in particular to adapt to the amended regulations legal or technical circumstances or to respond to a changed market environment, if the change is not unreasonable for the customer.
11. Severability Clause
The remaining provisions of these Terms and Conditions shall also apply in the event that individual clauses should be ineffective or invalid by the change of law or its interpretation.