General Terms and Conditions - Dataserv GmbH

Operator: Dataserv GmbH Hohewardstrasse 329 45699 Herten Commercial Registry: Recklinghausen County Court HRB 4441 Tax Details: VAT number: DE 154989 009 Tax Office Marl Tax Number: 359/5749/4030

Management: Thomas Holberg Neal Saunders Contact: Telephone: ++49 / 2366 - 1820 - 500 Fax: ++49 /2366 - 1820 - 555 Email: kontakt@dataserv-gmbh.de

§ 1 General Terms and Conditions

Solely the following general terms and conditions apply for all offers, supplies, goods and services of Dataserv We hereby expressly reject any of customer confirmation conditional upon their own terms and conditions.

§ 2 Conclusion of the Contract

Orders (offer of contract) can be made by customers online, by telephone, by fax or by letter. We acknowledge receipt of order by e-mail or written confirmation. This confirmation does not constitute acceptance. Acceptance is explicitly sent either online, by telephone, by fax or by letter as a confirmation of the order, or implied in delivery of the ordered product (acceptance of contract).

§ 3 Right to Return (applies only for consumers in terms of § 13 German Civil Code)

You can return the received product without declaring a reason within 2 weeks. The time period begins at the earliest with the receipt of the product and this instruction. You can also send a request for return in text form, e.g. confirmation by letter, fax or email, however only for items that cannot be shipped as parcels (for example; bulky goods). Timely sending of the products or request to return is necessary to ensure an adequate time period. In each case, returns are performed at our cost and risk. Returns or requests to return can be made by writing to: Dataserv GmbH, 329 Hohewardstrasse, 45699 Herten, Germany.

In the event of an effective return, the mutually received goods are returned and, where applicable, uses drawn from them (e.g. advantages of use) are issued. Compensation can be sought in cases of damages to products. This does not apply if the defect in the product exclusively resulted from examination - such as in a retail unit. Furthermore, damage liability can be avoided by not making use of the product as the ownerand refraining from anything that would impair its value.

The following items (item groups) are excluded from return:

1. Products which were customised or are evidently personalized or tailored to a customer's individual needs (for example: clothing tailored to a customer's specifications).
2. Products which are unsuitable for return due to their condition or could be quickly damaged or whose expiry date would pass (for example: flowers, easily perishable foodstuffs), audio or video recordings as well as software, if andas soon as the delivered data media are unsealed by the customer.

§ 4 Software Transfer

The conditions enclosed with or stored on the data medium apply to the delivery of software. The customer expressly accepts the validity of these conditions by opening the sealed data medium. Customers who do not wish to accept these conditions must immediately return all unopened media storage units with all appropriate parts to us or delete the software, if and when the software was delivered by means of immediate installation to the hard drive of the computer.

§ 5 Delivery Time, Special Items

1. Delivery time periods and delivery dates which are agreed to be binding are confirmed by us in writing. A delivery by a courier will take place at most 5 working days after receipt of payment, or at most 10 working days after receipt of payment for custom-made goods.
2. Delays in delivery of goods and services due to acts of God, war, riots, strikes or similar circumstances falling out of our sphere of influence will effect an adequate extension of the delivery time period. The circumstances stated release us from the delivery obligations we have accepted and give both contract parties the right to cancel the contract after expiration of a reasonable period which is to be specified by the contract partner.
3. Should an act of God make delivery or performance of other services permanently impossible, any obligation for us to perform services is excluded. This also applies when the performing the service requires an effort which is in great disparity to the interest of the customer in the fulfilment of the purchase contract when the purchase contract and principle of good faith are observed. Amounts already paid will immediately be reimbursed by us.
4. The purchaser is not a consumer in terms of § 13 German Civil Code, and if the product ordered or a product of similar value is not available because Dataserv was not supplied with the product within a reasonable amount of time through no fault of their own, Dataserv reserves the right to withdraw from the contract. In this case, Dataserv will immediately inform the business client of the fact that delivery is not possible. If the purchase price has already been paid, it will be immediately reimbursed.
5. Our delivery charges are calculated based on weight and chosen mode of shipment. The charges for each product are shown in our online store during the ordering process.

§ 6 Transfer of Risk and Acceptance

1. If the customer is not a consumer in terms of § 13 German Civil Code, loading and shipping and of the products is performed without insurance at the risk of the receiver. In this case, the risk is transferred to the customer when the product leaves our premises, or on the day it is announced that it is ready to be dispatched in cases where a shipment is delayed for reasons for which we are not responsible. Arrangement of transport insurance is the responsibility of the customer, insofar as s/he is not a consumer in terms of § 13 German Civil Code.
2. The customer is obligated to accept products ordered, providing they have no defects.
3. If the customer wilfully or through gross negligence refuses to accept the goods ordered, we set out in writing an 8 day grace period, explaining that following this period of time we can refuse to honour the contract. When the course of this grace period is over, we are entitled to withdraw from the contract in writing or request compensation for non-fulfilment of the contract. Setting a grace period is not necessary if the customer seriously and finally refuses.
4. If we request compensation according to No. 3, it amounts to 15% of the agreed purchase price (profit margin). The amount in damages is set higher or lower, if a higher or lower damage is ascertained by us or the customer.

§ 7 Prices and Payment

1. Prices are valid at the time or order. Our prices can be quoted in each case from the concrete list of products on offer. Prices specified by us are - unless otherwise specified - retail price in Euro, plus appropriate legal V.A.T. of 19% and consumer price in Euro, inclusive of appropriate legal V.A.T. of 19% and delivery and packaging charges, whose rates are stated in the online store. No deliveries will be made abroad.
2. The purchase price is immediately due upon collection or delivery of the product, payable in cash (C.O.D.). Deviant conditions of payment require a separate agreement. If you pay with credit card, we initiate payment upon shipment of products.
3. Each payment is offset against the respective oldest invoice due, as long as the customer has not expressly made other payment arrangements.
4. Only unchallenged and valid outstanding accounts ascertained authorise the customer to charge. The customer can only make a right of retention effective if it is based on claims from the same contract.
5. No extra charges are levied on credit card payments in our online store. Shipment of products per C.O.D. incurs a charge of 3.09 Euro.
6. The purchase price, including delivery and shipping costs, is immediately payable in cash (C.O.D.) upon delivery or collection of the product. The recipient incurs additional charges in the amount of 2.00 Euro to have the product delivered to their front door as part of the Post AG corporation's C.O.D. procedure.

§ 8 Title Retention

1. Products remain under our ownership until settlement of the due account as stipulated in the contract. If the customer is a legal entity of public law, a special fund governed by public law or a business or trade person for whom the purchase agreement is part of their trade, title retention also applies to claims that we have from current terms and conditions.
2. The customer is authorised to resell purchased products in reputable transactions, provided we have issued our written permission to this effect. The customer transfers claims resulting from resale to third parties immediately to us, in full or in the amount of any co-ownership share. The customer is authorised to retract claims to the point of cancellation or cessation of his payments to us for our accounts.
3. If the value of securities exceeds our claims by more than 20%, we will release securities, following customer requests, at our discretion.
4. In cases of conduct contrary to the agreement on the part of customers - in particular payment defaults or any other breach of obligations arising from title retention - we are entitled, without prejudice to our other claims, to reclaim goods subject to retention of title and, with reasonable advance notice in writing, to make best possible use of the products by selling them at our own volition and offsetting the proceeds of the sale against the purchase price. All costs of redemption and utilization of the contract subject are borne by the customer. The exercise of title retention on our part in the event that the customer does not comply with their obligations does not imply withdrawal from the contract, unless it is a matter of an instalment transaction of a non-trader. In this case, regulations of the consumer loan agreement will be applicable.

§ 9 Guarantee

1. The customer, who is not a consumer in terms of § 13 German Civil Code, is obliged to examine for damage in transit immediately upon receipt and notify the delivery team (Post, UPS, shipping company, etc.). Objections made later will not be accepted.
2. The customer, who is not a consumer in terms of § 13 German Civil Code, is obliged to immediately examine for obvious defects, which would be apparent to an average customer. Obvious defects must be challenged within two weeks in writing. In cases of breech of the obligation to examine products and report such defects, products with such defects are considered accepted. Obligations on merchants to examine products and report defects according to § 377 of the German Commercial Code are unaffected by this.
3. We are authorised to make amends or top offer replacement, as we desire, if a flaw in the product exists and the customer is not a consumer in terms of § 13 of the German Civil Code.
4. The warranty period for new products for consumers is two years from deliveryof the product. For customers who are not consumers, the period is one year.
5. The sale of second-hand goods provides consumers with a warranty period of one year from delivery of the product. For customers who are not consumers, the warranty is excluded.
6. The legal warranty period for compensation claims (§§ 309 No. 7 a and b) is not affected by the provisions of numbers 4 and 5.
7. The guarantee in the case of warranty for the condition of a product or in the case of fraudulent concealment of defects, is unaffected by the provisions. The same is applicable for the provisions of §§ 478, 479 of the German Civil Code regarding recourse of the contractor to the supplier.

§ 10 Liability

1. We are only liable for damages caused, other than damage to life, limb and health,in so far as these depend on an intentional or grossly negligent actions or culpable violations of essential contractual obligations by us or parties aiding us in contract fulfilment. Any wider liability for this, in addition to regulations of the product liability act, remains. If an essential contractual obligation is negligently breached, our liability is limited to foreseeable damages.
   
   Essential contractual obligations are those obligations whose fulfilment is necessary for proper implementation of the contract, and which the contract partner can expect to be fulfilled in most cases.
2. Liability for loss of data in cases of basic negligence to typical restoration expenses which would occur with regular and risk-appropriate production of back-up copies.
3. Limits in liability according to numbers 1 and 2 also apply in favour of our employees and commissionaires.

§ 11 Applicable Law, Place of Performance and Jurisdiction

These general terms and conditions and the entire legal relationship between the company Dataserv and the customer is exclusively subject to German law. The jurisdiction is exclusively Hertenif the customer is a merchant in terms of the German Commercial Code.

§ 12 Final Clauses

In the event that any individual clauses in these terms and conditions should be invalid or infeasible, or contain gaps, the efficacy of the remaining clauses is not affected.

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