1. Scope

The present General Terms and Conditions of Business shall contain the exclusive provisions applicable between the Customer and the Bundesrepublik Deutschland, Deutscher Wetterdienst (DWD), Frankfurter Straße 135, 63067 Offenbach am Main, provided that these have not been changed by written agreement of the parties. The present General Terms and Conditions shall apply to the products offered in the DWD WeatherShop (http://www.dwd-shop.de).
As to the ordering of products on data carriers (hereinafter referred to as CD-ROM Products), reference is made to the additional Terms and Conditions for CD-ROM Products specified under clause 5.

2. Inclusion of the Terms and Conditions in the Contract; Exclusion of Other Terms and Conditions

These General Terms and Conditions shall form an integral part of the contractual agreement concluded between the DWD and the Customer. Differing Terms and Conditions of the Customer which the DWD has not explicitly accepted in writing shall not be binding on the DWD even if it has not explicitly objected to them.

3. Conclusion of the Contract

The presentation of the DWD's products shall not constitute a binding offer on the part of the DWD. Only when the Customer has submitted the order, the DWD's offer shall become binding pursuant to section 145 German Civil Code (BGB). The product information sheet for the selected article shall once again be displayed to the Customer before submitting the order. On the basis of this product information, the Customer can verify his/her order - in particular with a view to the scheduled transmission dates and access and subscription periods. The contract shall come into effect upon acceptance of the order.

4. Cancellation Rights

The Customer shall have the right to cancel his/her order pursuant to section 355 German Civil Code (BGB). Concerning the conditions and legal consequences of the right to cancel a contract, reference is made to the following Terms and Conditions.

Terms and Conditions of Cancellation

The Customer shall have the right to revoke his/her declaration of intention to conclude the contract in writing (e.g. letter, fax, e-mail) without stating any reasons within a period of four weeks. The cancellation period begins when the Customer has received this instruction on the Terms and Conditions of Cancellation in writing, but not before the conclusion of the contract nor before the DWD has fulfilled its duty to inform the Customer under section 312 e, paragraph 1, phrase 1 German Civil Code (BGB) in combination with section 3 German Civil Code - Duty to Inform Regulation (BGB-InfoV). Punctual postage of the cancellation in writing (e.g. letter, fax, e-mail) shall suffice to comply with the time limit. The cancellation should be addressed to:

Deutscher Wetterdienst - Zentrale -, Frankfurter Straße 135, 63067 Offenbach am Main.
Fax: +49 (0)69 / 8062- 4484
E-Mail: info@dwd.de

Consequences of Cancellation

In the event of an effective cancellation, the services received by either party shall be returned and any benefits derived (e.g. benefits from use) surrendered. If the Customer is unable to return the services he/she received in their entirety or in parts or if he/she can only return them in a deteriorated state, he/she shall be obliged to compensate for the loss of value.

Expiry of the Right of Cancellation

If the contract relates to services, the Customer's cancellation rights shall expire prematurely as soon as any of his/her contractual partners start to provide these services with the Customer's expressed consent or if the Customer him or herself initiates this before the end of the cancellation period.

If, after the conclusion of the contract, the Customer starts to use the services from the DWD WeatherShop, for example by downloading them, the Customer him/herself has initiated the beginning of the service. In this case, the Customer's cancellation rights shall have expired pursuant to section 312d, subsection 3, No. 2 German Civil Code (BGB).

5. Additional Terms and Conditions for CD-ROM Products

The ordering of products on data carriers (hereinafter referred to as CD-ROM Products) shall be ruled by the following additional Terms and Conditions for CD-ROM Products.
CD-ROM Products shall be copyrightable database systems and databases (section 4, subsection 2, phrase 1 and section 87a, subsection 1 German Copyright Law (UrhG)) or software (section 69a ff. German Copyright Law). The maker of the database or the software is the DWD (section 87a, subsection 2 German Copyright Law) and the Customer explicitly acknowledges this.
The Customer shall be granted the non-exclusive and non-transferable right to use the CD-ROM Products on one computer workstation and only for the Customer's own purposes. The use of the CD-ROM Product on more than one workstation shall only be allowed upon prior request and written consent by the DWD.
The Customer may create a back-up copy of the CD-ROM Product for data protection purposes and usage on one workstation - but only if this is necessary for its usage as stipulated by the contract. Storing the data on a hard disk shall also be deemed a copy as defined by the German Copyright Law.
It is not permitted to copy the CD-ROM Products or parts thereof, to make them or parts thereof available for third-party use, on an intranet or the Internet, to pass them or parts thereof on to third parties or to use them or parts thereof for commercial purposes. It is also not permitted to alter, reverse, further develop, decompile or disassemble the data of the CD-ROM Product or parts thereof.

CD-ROM Products which are returned will only be accepted in their original packing and without any signs of damage. iWe explicitly point out that CD-ROM Products on which the seal has been removed are excluded from the right of cancellation or return.

6. Terms of Payment

The services provided by the DWD shall be liable to fees. The purchase price shall become due immediately upon acceptance of the order. The applicalbe price shall be the price as indicated in the offer of the DWD WeatherShop. A cash discount shall not be granted. The settlement of fees shall be handled by the payment system providers who will invoice, in the DWD's name and for its account, the use of chargeable contents. Please also take note of the General Terms and Conditions of ClickandBuy, details of which shall be made available to the Customer during the payment procedure.

7. Reservation of Ownership Rights

All products shall remain the property of the DWD until the purchase price and postage charges have been paid in full. Until the transfer of ownership the Customer shall be obliged to handle the products with care and to immediately notify the DWD of any change of residence, attachment, transfer of securities, loss of the article, change of possession or insolvency.

8. Delivery

Upon submission of the order, the product shall be offered to the Customer for direct download. The DWD shall not be obliged to verify the actual receipt of the services by the Customer.

Articles ordered for delivery (CD-ROM Products) shall be posted to the address indicated by the Customer. The products shall be delivered subject to their availability. The CD-ROM Product shall be posted to the Customer without additional costs.

9. Usage rights

The Customer shall be entitled to use the information provided for his/her own use and to download it on his/her computer system. The Customer shall be entitled to make copies (e.g. print-outs) for his/her own purposes only. These rights shall apply only under the condition that protection notices, such as copyright notes, etc., as well as brands and names mentioned remain unaltered in the reproduced copies.

Any further distribution of the services to third parties or their publication by the Customer - in whole or in part or in processed versions - shall not be permissible.

10. Copyrights

In as far as the services provided by the DWD contain copyrights, neighbouring rights or other rights, the Customer shall respect the rights of the DWD ensuing therefrom. The DWD asserts that it is in possession of all rights that are necessary for the distribution of its services. This applies in particular to all copyrights and rights to use a name, possible industrial property rights or neighbouring rights.

11. Damages, Contractual Penalty

In the case of non-compliance with clauses 9 and 10 of these Terms and Conditions, the DWD shall reserve the right to claim for damages to the amount of the fees lost. Moreover, the Customer shall commit him-/herself to paying a contractual penalty amounting to 50 per cent of the fees lost.

12. Warranty

The Customer can complain about any deficiency in the products delivered.

If a delivered CD-ROM shows defects that obviously result from defective material or a manufacturing fault or were caused by transport, the Customer should report this immediately to the DWD. Omitting this, however, shall not affect the Customer's right for claims. All deficiencies that might occur in the purchased item during the 2-year standard warranty period shall be covered by the Customer's statutory rights.

13. The Obligations of the Customer

The Customer shall be allowed to use the service provided by the DWD or the payment system provider in an appropriate manner only.
In particular, he/she

• shall not make any illegal use of access to the service, in particular not use it in breach of these Terms and Conditions, and shall respect the law as well as the rights of third parties,
• shall, with a view to protecting the data, observe the generally accepted principles of data security as well as the obligations under the data protection regulations,
• shall, with the greatest of care, check his/her e-mails or retrievals for viruses,
• shall comply with legal, official and technical provisions,
• shall keep confidential and not disclose his/her username and password, shall not tolerate or allow that they become known to any other person and shall take all measures necessary to ensure confidentiality and, in case of misuse or loss of these data or the suspicion of such, shall immediately report this,
• shall report to the DWD any evidence of abusive use of the service or product.

The Customer shall be liable to make good any loss or damage resulting from the breach of these obligations. The user's liability shall be limited to those cases for which he/she is responsible.

14. Liability

The DWD shall ensure that the meteorological data are gathered with the standards of prudence customary for the sciences. The DWD provides its services in compliance with the generally accepted rules of science and technology. The DWD's liability is limited to intent and gross negligence.

The DWD shall neither guarantee that the ordered articles are correctly delivered to the user nor that the user has access via the Internet at all times.

The DWD shall pay damages in the event that liability is given on whatever legal grounds, in the case of intent, gross negligence or in any other case of violation of a cardinal obligation, upon default or impossibility in the case of damages which, for reasonable grounds, could be expected at the conclusion of the contract. However, the DWD shall not pay damages for any special, incidental, indirect, or consequential damages (including, but not limited to the loss of business profits, interruption of business, loss of commercial information or any other financial loss) that may result from the use or the impossibility of use of the service or the contents, even if the possibility of such damages was made known to the DWD in advance. The liability for personal injury and any liability resulting from the product liability law shall remain unaffected by this.

15. Data Protection

The DWD and its partner CIAS shall respect the privacy of anyone visiting these websites. The storage of data retained for the processing of the order shall be in line with the provisions of the German Federal Data Protection Act.

In the case of some offers or services, the DWD or its partner shall retain personal data of their users. Any personal information received by the DWD shall be used for the sole purpose of processing the Customer's enquiries and orders (invoicing included). The DWD's server may also collect and store information about the Customer's access to the DWD site (date, time or pages viewed). Such information shall be used for statistical purposes only, with all evaluations being made anonymously. When the Customer contacts the DWD by e-mail, the e-mail address and any personal data shall be stored for the sole purpose of corresponding with the Customer.
In connection with the Customer's access to the DWD services, certain data (usually referred to as 'cookies') may be stored on his/her computer. This facilitates the use of the services provided by the DWD. The Customer may, however, prevent the storage of such data on his/her computer or delete them. (To find out how to do this reference should be made to the help tools of the computer software.) All personal data shall be stored only for the purposes outlined and shall not be made known to third parties.

By using the websites of the DWD and its partner CIAS, the Customer consents to the DWD storing and using the data retained during the Customer's visit to the websites.

Payment for products and services purchased via the DWD WeatherShop shall be made via the ClickandBuy payment system where personal data is also retained, stored and processed. For more details reference should be made to the information provided by ClickandBuy.

16. Final Provisions

Amendments and supplements to these General Terms and Conditions of Business shall be made in writing.

This contract shall be governed by German law alone, UN Sales Law (CISG) excluded.

If any of the provisions of these General Terms and Conditions of Business shall be or become ineffective, the standard legal provisions shall apply. This shall not affect the validity of the other parts of these General Terms and Conditions.

For any Customer who is a registered trader, who has no place of general jurisdiction in Germany or for whom this agreement on jurisdiction is legally permissible, the place of delivery and jurisdiction is Offenbach am Main.

17. Approval

By ticking the check box below the Customer declares that he/she has read and understood these General Terms and Conditions of Business and accepts their validity.

All prices quoted include VAT at the current standard rate

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