This document has not yet been reviewed by a lawyer and is not in force. Passages marked [[ ERGÄNZEN: … ]] are to be completed by the operator or by the lawyer.
English translation for information only. The contract language is German (§ 2(5)); only the German version of these terms is legally binding.
(1) These general terms and conditions (“Terms”) apply to all contracts for the supply of data exports that Martin Adamec, Mírová 1541, 516 01 Rychnov nad Kněžnou, Czech Republic, company identification number (IČO) 19552319 (the “Provider”) concludes under the name b2bkartei.de with its customers (the “Customer”).
(2) The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. The Provider does not enter into contracts with consumers within the meaning of § 13 BGB. By submitting a request, the Customer confirms that it is acting in the exercise of its commercial or independent professional activity. The Provider may request proof before concluding the contract, for example the VAT identification number or a register extract.
(3) The Customer’s general terms and conditions do not become part of the contract, even if the Provider does not expressly object to them, unless the Provider expressly agrees to their application in text form.
(4) Individual agreements, in particular in the quote under § 2, take precedence over these Terms.
(1) The presentation of the databases and exports on the b2bkartei.de website does not constitute a binding offer but an invitation to submit a request.
(2) The Customer submits its request to the Provider via the contact form, by email or by phone, stating in particular the country, industries, region and desired data fields.
(3) The Provider then sends the Customer an individual quote in text form. The quote specifies the scope of services (country, industries, region, filters, data fields, format), the expected number of records, the data status, the price and the expected delivery date. The Provider is bound by the quote for 14 days.
(4) The contract is concluded when the Customer accepts the quote in text form (for example by email) within the binding period. If the acceptance deviates from the quote, it is deemed a new offer by the Customer, which the Provider may accept in text form.
(5) The contract language is German. The Provider stores the quote and the acceptance; the applicable Terms are available at b2bkartei.de/agb/.
An online order with payment via the website is currently not provided; contracts are concluded exclusively via the process described in paragraph 1.
(1) The Provider supplies the Customer with a one-off export of company data in CSV, XLSX or JSON format in the scope specified in the quote. The Provider only owes a subscription, ongoing updates or supplementary deliveries if expressly agreed.
(2) The data comes from publicly accessible sources, in particular public registers, legal notice (Impressum) details and company websites. Sources, processing and known limits are described on the page Data sources and methodology.
(3) What is owed is the Provider’s dataset as of the data status stated in the quote or on delivery. The Provider gives no warranty and no guarantee that each individual record is up to date, complete and correct at the time of use. In particular, businesses may have changed their contact details or ceased trading after the data status date; email addresses are not checked for deliverability and phone numbers not for reachability; not every record contains every data field.
(4) The number of records stated in the quote is approximate; deviations of up to 5 % are permitted. Information on the number of records with a phone number, email address or website describes the dataset and is not a guarantee of quality.
(5) The Provider only gives a guarantee within the meaning of § 443 BGB if it is expressly designated as such. The Provider does not provide legal advice.
(1) The price stated in the quote applies. All prices are final prices. The Provider is not registered for VAT; no VAT is charged on the service.
(2) Payment is made by advance payment by bank transfer; payment is due within 14 days of the invoice date. If payment in advance has been agreed, the Provider delivers after receipt of payment.
(3) In the event of late payment, the statutory provisions apply. The Provider may withhold further deliveries under the same or other contracts until outstanding claims have been settled.
(4) The Customer may only set off claims that are undisputed or have been established by a final court decision.
(1) The Provider delivers the export by email as a download link or as an attachment to the email address specified by the Customer. The download link is valid for 14 days; the Customer must download and save the file within this period.
(2) Delivery dates are non-binding unless expressly agreed as binding.
(3) Delivery is complete as soon as the email with the export or the download link has been received by the Customer.
(1) The Provider’s databases are protected as databases within the meaning of Directive 96/9/EC. [[ ERGÄNZEN: Schutzumfang prüfen – Datenbankherstellerrecht (§§ 87a ff. UrhG bzw. §§ 88 ff. tschechisches Urheberrechtsgesetz Nr. 121/2000 Slg.) – Anwalt ]]
(2) Upon full payment of the price, the Customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the data in the delivered export for its own internal business purposes, in particular for prospecting by phone or post within the limits of § 7, maintaining its own customer relationship management (CRM) and market analysis. The right of use is unlimited in time.
(3) The Customer is prohibited from
Processing by service providers acting exclusively on behalf of and on the instructions of the Customer (for example providers of CRM software or commissioned call centres) does not constitute passing on within the meaning of sentence 1, provided the Customer binds them to these Terms and to Art. 28 GDPR.
(4) For each culpable breach of paragraph 3, the Customer undertakes to pay a contractual penalty of [[ ERGÄNZEN: Höhe der Vertragsstrafe oder Bestimmung nach billigem Ermessen des Anbieters („neuer Hamburger Brauch“) – Anwalt ]]. Further claims of the Provider, in particular for injunctive relief and damages, remain unaffected; the contractual penalty is credited against any claim for damages.
(5) The Customer has no right of use before full payment.
(1) The Customer is a controller in its own right within the meaning of Art. 4(7) of the General Data Protection Regulation (GDPR) for the processing of the delivered data. It needs its own legal basis for any use and fulfils its own obligations itself, in particular the duty to inform data subjects under Art. 14 GDPR.
(2) Whenever the Customer uses the data for advertising purposes, it complies with § 7 of the German Act against Unfair Competition (UWG) and any other applicable law. In particular:
(3) The Customer respects objections of data subjects and objections to advertising without undue delay. If, after delivery, the Provider informs the Customer that a data subject has objected or requested erasure or rectification of their data (Art. 19 GDPR), the Customer blocks, deletes or rectifies the records concerned without undue delay. [[ ERGÄNZEN: Verfahren der Mitteilung (z. B. Sperrliste per E-Mail) und Dauer dieser Pflicht ]]
(4) The Customer indemnifies the Provider against third-party claims and fines based on an unlawful use of the data for which the Customer is responsible, including the reasonable costs of legal defence.
(5) If a data subject or a supervisory authority contacts the Customer about the data supplied by the Provider, the Customer informs the Provider without undue delay in text form, insofar as the enquiry concerns processing by the Provider.
(1) A defect exists if the delivered export deviates from the quality agreed in the quote, in particular in format, data fields, filters or number of records, or if the file is technically unreadable. Deviations resulting from changes after the data status date, and individual incorrect or missing details within the limits described in § 3(3), are not defects. [[ ERGÄNZEN: ggf. Schwelle, ab der eine erhöhte Fehlerquote als Mangel gilt, und Nachweisweg ]]
(2) The Customer must inspect the export without undue delay after delivery and notify recognisable defects in text form, describing the defect, within 14 days of delivery.
(3) In the case of a justified notice of defect, the Provider provides subsequent performance at its discretion by correction, replacement delivery or delivery of replacement records. If subsequent performance fails, the Customer may reduce the price or withdraw from the contract; damages are governed by § 9.
(4) Claims for defects become time-barred twelve months after delivery. This does not apply in cases of intent, gross negligence, fraudulent concealment of a defect or injury to life, body or health.
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under any guarantee given and insofar as mandatory statutory provisions provide for liability.
(2) In cases of simple negligence, the Provider is only liable for breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In this case, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded, up to a maximum of [[ ERGÄNZEN: Haftungshöchstbetrag, z. B. den Auftragswert – Anwalt ]].
(3) The Provider is not liable for the commercial success of using the data, in particular not for reachability, response rates, contracts concluded or revenue from the Customer’s prospecting or advertising activities, nor for the consequences of any use that violates § 7 of these Terms or applicable law.
(4) The limitations of liability also apply in favour of the Provider’s vicarious agents.
(1) With the delivery, the Provider transfers data to the Customer as an independent controller to an independent controller. There is no processing on behalf under Art. 28 GDPR and no joint controllership under Art. 26 GDPR. [[ ERGÄNZEN: Anwalt – Bedarf einer gesonderten Vereinbarung zur Datenübermittlung prüfen ]]
(2) How the Provider processes personal data of the Customer and its contact persons is described in the privacy policy. Information for people whose data is contained in the company database is on the page Data subject rights.
A statutory right of withdrawal for distance contracts is only available to consumers. As the Provider concludes contracts exclusively with businesses, there is no right of withdrawal.
(1) All legal relationships between the Provider and the Customer are governed by [[ ERGÄNZEN: tschechisches oder deutsches Recht – Anwalt ]], excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Note on the choice of law (for the legal review, remove before publication): the Provider is established in the Czech Republic. Without a choice of law, the contract is likely to be governed under Art. 4 of Regulation (EC) No 593/2008 (Rome I) by the law of the Provider’s habitual residence, i.e. Czech law. The wording of this draft follows German terms-and-conditions terminology (BGB, UWG); if Czech law is chosen, §§ 3, 6, 8 and 9 must be adapted to the Czech Civil Code (No. 89/2012 Coll.).
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in the European Union, the exclusive place of jurisdiction for all disputes arising from this contract is [[ ERGÄNZEN: Gerichtsstand, z. B. Sitz des Anbieters (Rychnov nad Kněžnou) – Anwalt; Art. 25 Brüssel-Ia-VO ]]. The Provider is also entitled to sue at the Customer’s general place of jurisdiction.
(1) Amendments and additions to the contract must be made in text form. This also applies to any waiver of this form requirement.
(2) If individual provisions of these Terms are invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provisions.
(3) Changes to these Terms only apply to contracts concluded after their publication.
Version 2026-10-entwurf · As of October 2026 (draft)
