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Terms and Conditions
01 January 2002 (1) Revocation If the buyer is a natural person with place of business within the European Union who makes a contract under a purpose that is neither traceable to his/her business activity nor to his/her professional self-employment (mentioned ‘consumer’ as follows), so the consumer is entitled to revoke his declaration of intention that is set on the conclusion of the contract. The revocation does not need further explanation but must be in writing, on a durable data medium, or by return of the goods within two weeks. The period of revocation begins with the delivery of the goods at the day of arrival at the consignee. To keep in time-limit the punctual dispatch of the revoke is sufficient; the revocation is to be posted to the following address: Faust Information GmbH, Werstener Dorfstr. 17, 40591 Düsseldorf b. In case of supplied Software the right to revoke expires if or as soon as the customer opens or removes the official seals of the data medium. For goods, the right to revoke expires 4 months upon receipt of the delivered goods at the latest, for services 4 months after the conclusion of the contract at the latest or if Faust Information GmbH started to carry out the service with consent of the customer before the period of revocation has expired or if the customer has arranged the implementation of the service himself. c. If the revocation enters into force by the customer, he/she shall be obligated to return the goods. The return has to be effected on above mentioned address. The risk of dispatch is borne by us; costs of return for any orders up to an amount of 40 Euros are borne by the customer; for the rest the Faust Information Gmbh bears the costs of return; by permitting the use of a thing as well as other services up to the date the revocation is exercised its value has to be reimbursed; Lost usefulness caused by the intended use of a thing or claiming any other benefits is disregarded. 2. Complaints and Price Queries Complaints of customers to whom the right to revoke does not apply are only permittable within one week after receipt of the goods or the invoice and do not have any postponing effect on the date of required payment; lack on a part of the supply cannot lead to the complaint of the entire supply; Faust Informtion GmbH has alternatively the right to substitute supply or rework; the liability for consequential harm caused by a defect is out of the question, unless responsible intention and gross neglicence are a burden to Faust Information GmbH. 3. Legal Validity The effectiveness of the order requires the written confirmation by Faust Information GmbH. The implementation of the order takes place in accordance to the following conditions. Dissenting regulations need to be in writing. Does the principal or customer underlie its own General Terms and Conditions, then these become only element of the contract if Faust Information GmbH accepted the validity of these conditions in writing. 4. Counter-Performance All stated prices in the offer of the Faust Information GmbH are, if not explicitly agreed apart, in Euros and are valid with the proviso that the underlying particulars of the contract in the offer remain unaltered. The prices of Faust Information include vall-added tax and are valid ex works. They do not include postage and packing, freight and insurance. 5. Invoicing and Payment The invoice is made out on the day of supply, partial supply or readiness to supply (debt to be discharged at the domicile of the debtor, default of acceptance). The payment takes place by cash on delivery, debit, credit card or payment in advance. For large-scale companies, regular customers and public authorities the invoices are to be paid, without discount, within 15 calendar days from the date of invoice. 6. Delay of Payment Is the satisfaction of all claims of Faust Information GmbH dangered by the principal because a deterioration of his property relations has occurred or published after the conclusion of the contract, so Faust Information GmbH can demand payment in advance or prompt payment of all outstanding orders. Not yet delivered goods or going on of current orders can be stopped. These rights are even entitled to Faust Information GmbH if the Principal in spite of a delay in payment that is supported by a reasoned delay in performance does not effect a payment. In case of a delay in payment default interest of 4 per cent above the currently valid discount rate of the German central bank, Deutsche Bundesbank, are to be compensated. This does not disclude that further damage caused by delayed performance is asserted. 7. Delivery Deliveries are valid ex works, if not agreed differently. Faust Information GmbH takes over the dispatch for the principal with all diligence, but is only liable for responsible intention and gross neglicence. Dates of delivery are only valid if expressly confirmed by Faust Information GmbH. The period of delivery starts with date of the order confirmation and ends the day when the contract product leaves the delivering plant or is ready for the delivery. Does Faust Information GmbH get in delayed performance the principal shall extend the original term adequately first. At expiration of the extended time of delivery the principal can cancel the contract. Compensation of damage caused by delayed performance can only be claimed up to the amount of the contract. If the customer does not accept the supply of the goods within a reasonable time upon notification of readiness to deliver or advised supply immediately, Faust Information GmbH is entitled to store the goods in an acceptable stock location, the costs and danger are borne by the customer. (8) Retention of Title Faust Information GmbH retains title to the supplied goods until all claims resulting from the business relationship have been discharged in full. Before full payment has been effected it is neither allowed to pledge nor to transfer the goods by way of security to a third party. The principal may resell goods only in the ordinary course of business. The principal assigns thereby claims from resale it may have to Faust Information GmbH. Faust Information GmbH hereby accepts the assignment. (9) Place of Fullfillment and Jurisdiction, Effectiveness Place of fullfillment is Düsseldorf. Place of jurisdiction for all claims and lawsuits resulting from the contractual relationship including legal proceedings related to a bill of exchange or document is Düsseldorf. In the event that one or several provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions. Faust Information GmbH Werstener Dorfstr. 17 40591 Düsseldorf Germany This English version is a translation from the German language. In the event of any differences in interpretation, the German version of these General Terms and Conditions prevails.
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