General Standard Terms and Conditions
(updated 01st January 2009)
(1) Subject matter of the contract
a) Insofar as it has not been agreed otherwise or stated differently in the product description, the subject matter of the contract is the purchasing and the transfer of ownership concerning the products stated in the order form. Insofar as it has not been specifically agreed on otherwise in written form and / or arises out of the licence terms concerning the products, which are subject matter of the contract, the purchaser only acquires a non exclusive, area constricted and non transferable right of utilization. Especially any kind of copying, which exceeds the production of a backup copy, is excluded.
b) Insofar as the Faust Information GmbH in the framework of the product description and / or in the order affirmation only offers to arrange a purchasing contract with the individual vendor of specific products, then the subject matter of the contract, which is concluded between the customer and the Faust Information GmbH, is exclusively the arrangement of the business contact between the vendor of the corresponding product and the customer. The Faust Information GmbH can in this case neither influence the content of the purchasing contract between the vendor of the corresponding product and the customer nor does the Faust Information GmbH have information about the quality of the corresponding product.
c) The customer is responsible for the selection of the product himself/herself. Insofar as it has not been specifically agreed on otherwise in written form, the advising of the customer about the usability of a product for a specific purpose is not included in the services, which have to be executed by the Faust Information GmbH.
(2) Conclusion of a contract, terms and conditions, right of withdrawal
a) The contract is concluded when the customer receives an order affirmation from the Faust Information GmbH concerning the order sent by him/her. The order confirmation can be executed in written form via mail, email and fax as well as in oral form via telephone or by the delivery of the ordered product.
b) The customer is bound to his/her order for one month, starting at the time when the Faust Information GmbH receives it, unless the Faust Information GmbH has expressly denied the furnishing of an order confirmation. The below mentioned terms in accordance with paragraph d) are not affected by this paragraph b).
c) The execution of the contract takes place in accordance with these general terms and conditions. Other regulations have to be set in written form. Other terms and conditions, especially the general terms and conditions of the customer, only become a part of the contract if the Faust Information GmbH has specifically accepted these terms and conditions in written form. This also applies if the Faust Information GmbH does not expressly object the other terms and conditions.
d) Insofar as the customer is a natural person, who concludes a contract for a purpose, which cannot be attributed to his/her commercial or self-employed occupational activity, and insofar as the customer is located in the scope of the distance selling regulations* (in the following referred to as “consumer”), the customer is entitled to withdraw his/her declaration of will concerning the conclusion of the contract.
e) You can withdraw your contractual statement within two weeks in written form (e.g. letter, fax, email) without giving reasons or – if the product has been delivered to you before the period has expired - by returning the consignment. The period starts after the receipt of this instruction in written form, but not before the customer has received the products (in case of periodic deliveries of the same products not before the customer has received the first partial delivery) and also not before we have fulfilled our duties of giving information in accordance with section 312c subsection 2 BGB (German Civil Code) in connection with section 1 subsection 1, 2 and 4 BGB-InfoV (German Civil Code InfoV) as well as our duties in accordance with section 312e subsection 1 sentence 1 BGB (German Civil Code) in connection with section 3 BGB- InfoV (German Civil Code InfoV). In order to meet the withdrawal period, it is sufficient to dispatch the revocation or the product in time. The revocation has to be sent to:
Faust Information GmbH
Werstener Dorfstr. 17
f) In case of the delivery of software, the right of withdrawal expires with the unsealing of the delivered data carrier by the consumer. In case of a valid revocation, the performances, which each contractual party has received, have to be returned and, as the case may be, received benefits during this period of time (e.g. interest) have to be given to the other party. If you cannot return received performances at all or only partly or only in decreased quality, you have to grant us insofar compensation for the value. This does not apply for the surrender of goods if the worsening of the product can only be traced back to its examination – in a way it would have been possible for you for example in a shop. Additionally you can prevent the obligation to pay compensation for value because of worsening, which stems from the normal use of the product, by not using the product as if it were your property and by omitting everything which decreases its value. Products, which can be dispatched as parcel, are to be sent back to us at our risk. You have to bear the costs for the reshipment if the delivered goods equal the ordered goods and if the price of the products, which have to be sent back, does not exceed 40 euro or, in case the products cost more, if you have not yet paid the consideration or a contractual agreed on partial payment at the time of the revocation. Otherwise the reshipment is free of charge for you. Products, which cannot be sent as parcels, will be picked up at your location. Obligations for payments have to be fulfilled within a period of 30 days. The period starts for you with the dispatching of your declaration of revocation or the products and for us with their receipt.
g) Concerning the arrangement of a business contact in accordance with number 1 letter b), existence, content, extent as well as method of the execution are exclusively subject to the law, which applies for the purchasing contract. A possible right of withdrawal can only be carried out against the vendor of the product.
a) The contractual parties agree on the fact that it is not possible to design products in a way which makes them able to function in every service condition without problems. Insofar as the parties concluded a purchasing contract in accordance with number 1 letter a), the Faust Information GmbH warrants in accordance with the following terms and conditions that the products do not have any errors, which affect the stated substantial functionality more than slightly.
b) The customer has to comply with the statutory obligation to examine and notify about defects in accordance with section 377 HGB (German Commercial Code), whereas an obligation to examine and notify about defects within one week after the goods have been delivery is agreed upon. If the customer is a consumer, the examination has to be executed within an appropriate period of time. The notification about a defect has to be in written form. Defects in some of the delivered products do not entitle to file a complaint concerning the whole consignment.
c) The Faust Information GmbH can choose between making a replacement delivery or the rectification of the defects. The customer is obligated to grant the Faust Information GmbH an appropriate period of time for the subsequent performance of each defect. If the subsequent performance failed, the customer is entitled to withdraw from the contract. A reduction of the purchase price (price reduction) is excluded. The rectification of the defects is considered as failed after the third futile attempt or if the Faust Information GmbH denies rectification.
d) For the liability of the Faust Information GmbH concerning damage caused by defects applies number 9 with the proviso that the liability for subsequent damage caused by defects is excluded. Number 9 letter a) is not affected.
e) The Faust Information GmbH does not take any warranty and liability
aa) for defects, which were caused completely or partially by the customer, his/her personnel or the equipment used by him/her or by an utilization, which is contrary to the provisions of the contract;
bb) for the correctness, completeness and availability of the data and databases sold by the company
cc) that the products meet the special expectations and demands of the customer, which exceed the manufacturer’s data and product descriptions, or that the products are suitable to achieve an outstanding result, which is desired by the customer.
f) Claims of the customer concerning material- or legal defects become time-barred one year after the delivery. If the legal defect concerns a real property right of a third party, based on which the product can be demanded to be given out, or if the customer is a consumer and the subject matter of the purchase is a new product, the statutory limitation periods apply.
g) Further warranty claims, which are not stated in this contract, are excluded. Especially all warranty claims and all liability of the Faust Information GmbH in case of number 1 letter b (arrangement) are excluded. Number 9 letter a) is not affected.
a) The prices declared by the Faust Information GmbH are stated in EURO, unless something else has been expressly agreed on in written form, and apply as long as the order and delivery data, on which the offer is based, are not changed.
b) The stated prices become binding for the Faust Information GmbH as soon as the order confirmation has been dispatched. If the Faust Information GmbH increases the price for a product, after it has been ordered by the customer, the customer is only bound to the higher price if he/she does not object the new price within a period of two weeks after the receipt of the order confirmation. In case of an objection, the Faust Information GmbH is entitled to demand the execution of the contract within another period of two weeks on the basis of the former purchase price. If the Faust Information GmbH does not demand this, both parties are exempted from the execution of the contract concerning the product affected by the price increase. If the customer is a consumer, the offer confirmation of the Faust Information GmbH under the specification of the increased price is considered as a new offer.
c) Insofar as number 1 letter b) (arrangement) applies for the contract, possible price statements in the product descriptions of the Faust Information GmbH only serve for information purposes. The customer knows and accepts that the Faust Information GmbH is neither entitled to agree on prices with the customer with effect against the vendor of the corresponding product nor takes up any liability for the correctness of the stated price.
d) The prices of the Faust Information GmbH are quoted without value added tax and apply ex works. They do not include packaging, freight, postal charges, insurance and other shipping costs.
(5) Invoicing practice and payment
a) The date stated on the invoice is the date of the dispatching of the consignment, partial consignment or readiness for delivery (debt collectible by the creditor, default of acceptance) and the invoice includes the performed service / delivery. If the customer is not a consumer, the Faust Information GmbH shows the VAT amount separately on demand of the customer.
b) The payment is always executed by the choice of the Faust Information GmbH either by cash on delivery, direct debit, credit card or advance payment. Big companies, regular customers and authorities have to pay invoices within a period of 15 calendar days without deduction.
(6) Delay of payment
a) If the performance of the payment claims of the Faust Information GmbH against the customer is endangered, e.g. because the customer’s financial situation has worsened or this fact has become public after the contract has been concluded, the Faust Information GmbH is entitled, on its own choice and notwithstanding any other methods of payment, which were granted before, or notwithstanding any other former made agreements, to demand advance payment and / or immediate payment of all outstanding accounts, to retain goods, which have not been delivered yet, and / or to stop the execution of current orders. The Faust Information GmbH is also entitled to act this way in case the customer does not pay despite having received a delay-justified remainder.
b) In case of delayed payment, the Faust Information GmbH is entitled to demand default interest amounting to 5 percentage points above the individual base interest rate as well as a lump sum of 10 euro for dunning costs. If the customer is not a consumer, the above mentioned interest rate increases to 8 percentage points above the individual base interest rate. The entitlement to claim further damages is not affected by this.
a) The Faust Information GmbH overtakes the delivery for the customer at his/her risk and costs with all necessary diligence, however, the Faust Information GmbH is only liable for intent and gross negligence. Particularly the risk of the accidental loss of the goods devolves to the customer with the transfer of the goods to the logistics service provider.
b) Delivery dates are only binding if they have been expressly confirmed by the Faust Information GmbH. Such a delivery period commences with the date of the offer confirmation and is considered as met on the day, on which the product leaves the supplier or is put there ready for delivery.
c) If the Faust Information GmbH is in delay with its performances, at first the customer has to set an appropriate extension of time for the performance together with the notification that he/she will cancel the contract in case of an unsuccessful expiration of the period. After an extension period, which has been set this way, the customer is entitled to cancel the contract. Expect for cases of intent and gross negligence - the customer can only claim for damages for damage caused by delay to the amount of the order value of the (partial) order, with whose performance the Faust Information GmbH is in delay.
d) If the customer does not take delivery of the consignment within an appropriate period of time, after the readiness for delivery has been stated, or immediately in case of a notified delivery, the Faust Information GmbH is entitled to store the consignment in an appropriate storage at the expense and risk of the purchaser and to claim for damages.
(8) Retention of title
a) The delivered goods stay property of the Faust Information GmbH until all existing claims of the Faust Information GmbH against the customer, up to the date of the invoice, have been paid completely. Until the goods have been completely paid, the customer is not allowed to dispose of the ownership concerning the products without the authorization of the Faust Information GmbH and this especially counts for pawning or transferring these products as security to third parties. The customer is furthermore obligated to store the products, which are affected by the retention of title, separately from his/her property and to label them as property of the Faust Information GmbH.
b) The customer is in principle not entitled to resell the products, which are affected by the retention of title. On request of the customer, the Faust Information GmbH can – without any legal obligation for that – allow the customer to resell such products in the framework of the normal course of business. In this case, the customer now already assigns his/her claims against third parties concerning the resell to the Faust Information GmbH. The Faust Information GmbH hereby accepts the assignment.
a) The Faust Information GmbH is liable without limitation for intentional and grossly negligent caused damage, for damage in accordance with the Product Liability Act as well as for damage arising out of death, injury to body or health.
b) In all other cases, the Faust Information GmbH is liable with the proviso that the liability is restricted to direct, contract typical and foreseeable damage. A liability for loss of profit is particularly excluded. The liability of the Faust Information GmbH is furthermore restricted to the amount of the claim for remuneration, which is agreed by the contract.
c) The Faust Information GmbH is not liable for ordinary negligent infringements of unsubstantial contractual duties.
d) The Faust Information GmbH is liable for damage from loss of data, which has been caused by the Faust Information GmbH, and its recovery in accordance with this number 9 and that only insofar as such damage could not have been prevented by appropriate data security measures by the customer.
e) The Faust Information GmbH is not liable for the infringement of contractual duties insofar as their infringement has been caused by an act of god or force majeure. "Act of god and force majeure" especially mean wars, civil wars, disasters, acts of terrorism, epidemics, quarantine, activities of the government, fire and external attacks on IT systems, which could not have been prevented by reasonable technical and economic efforts because of the current state of the technology. The affected party informs the other party immediately in written form about the occurrence and the time of the commencement of an act of god or force majeure as well as about the expected consequences, which it will have for the party’s capability to perform his/her contractual duties.
f) Other restrictions- and exclusions of liability in accordance with these general terms and conditions are not affected by this.
(10) Other points
a) The order confirmation together with these general terms and conditions includes a final regulation of all rights and obligations of the contractual parties concerning the subject matter of the contract and replaces possible former agreements and correspondence. Oral- or other additional agreements do not exist. Changes and amendments to these terms and conditions have to be furnished in written form in order to become effective. This also applies for changes and amendments to this clause about the written form requirement.
b) If a provision of this contract is or will be completely and / or partly invalid, this does not affect the validity of the other terms and conditions of this contract. In case of a partly and / or complete invalidity of individual provisions, the parties obligate themselves to enter into a legally valid agreement, which is from an economic point of view as close as possible to invalid provision. The same applies if this contract includes a loophole or if such a loophole arises.
c) The contract as well as all legal disputes, which arise in connection with its conclusion and execution, are exclusively subject to the law of the Federal Republic of Germany, however excluding the Vienna Convention of the United Nations concerning the international sale of goods of 11th April 1980 as well as the regulations concerning the private international law. The place of performance and exclusive court of jurisdiction for all legal disputes concerning this contract or connected to it and for the performances, which are executed under this contract, including the processes concerning bills of exchange and deeds - insofar as it is admissible - is Düsseldorf.
Faust Information GmbH
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.
Widerrufsrecht für Verbraucher
(Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder Ihrer gewerblichen noch ihrer selbstständigen beruflichen Tätigkeit zugerechnet werden können.)
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns
Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet. Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist.
Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns zurück zusenden oder zu übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren.
Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
Ende der Widerrufsbelehrung