General Terms of Business

1. Any and all orders, if accepted by DATA BECKER GmbH & Co. KG (DATA BECKER), shall be subject to these following General Terms of Business, and these General Terms of Business shall govern, and be applicable to, any and all deliveries and/or services made or rendered by DATA BECKER in performing such orders. Other terms, or terms contradicting these General Terms of Business, are not accepted, unless expressly agreed by DATA BECKER in writing.

The term „consumer“, when used in these General Terms of Business, shall mean individuals who place orders for reasons not connected to their commercial or self-employed businesses, but rather for private purposes.

The term „trader“, when used in these General Terms of Business, shall mean individuals and/or private and/or public entities who place orders for reasons connected to their commercial or self-employed businesses. The conditions set forth herein for traders shall also apply to public corporations and public special estates.

Both consumers and traders shall be referred to herein as customers.

2. Consumer Information on Distance Selling Contracts:
For orders placed by consumers via the Internet, electronic mail, telephone, letter or facsimile transmission, please observe the following information enjoined by law. The conditions set forth in Sec. 2 herein do not apply to traders, and also not to orders placed by consumers who are not citizens of, or otherwise bindingly subject to the laws of, member states of the European Union.

-Standard shipment rates indicated apply to deliveries inside Germany only. For international shipment, higher rates may apply.
-All product prices indicated by DATA BECKER include applicable German taxes.
-For payments, DATA BECKER offers the choice between credit card (Visa, Master/Eurocard) or PayPAL.
-Any sale comes into effect upon receipt of the respective merchandise.


Instructions on Your Statutory Cancellation Right

As a consumer, you have the right, pursuant to the European Distant Selling Directive, to cancel your order for any reason without statement of reasons during the period of seven (7) workdays after the day on which the products are delivered or the services being provided to commence (“Cancellation Period”).

Please note: Such right does not apply (i) to software product downloads which by reason of their nature cannot be returned, (ii) to software that you have unsealed from the packaging or the packaging foil of which has been opened, and (iii) to printed magazines.
To exercise your right of cancellation, you must send, during the Cancellation Period, a written notice of cancellation to:

DATA BECKER GmbH & Co. KG
Direct Marketing Dept.
Merowingerstrasse 30
D-40223 Düsseldorf
Germany
Fax: +49 (0) 211-9331-597
E-Mail: support@todate.com

You should keep sufficient evidence of having given us the cancellation notice. Your notice must state the following information: customer information (first name, last name, address, email address, phone number), order/invoice reference, and your bank details for refunds.
If you exercise your statutory right of cancellation, we refund you any sum paid in connection with your cancelled order as soon as possible and in any case within a period of thirty (30) days beginning with the day on which the notice of cancellation was given.

In case of cancellation, you must not use the products and you are obliged to take reasonable care of them.

End of Instructions


3. Should the customer, in case of default or unenforceability, demand damages instead of fulfilment, DATA BECKER shall only be liable for typical and reasonably foreseeable damages, unless DATA BECKER is responsible for such default or unenforceability due to intent or gross negligence.

4. As for consumers, the risk of loss or risk of damage to delivered products passes to the consumer upon receipt of the merchandise. Consumer’s default of acceptance shall be the same as a receipt of the merchandise. For traders, the risk of loss or risk of damage to delivered products passes to the trader upon DATA BECKER handing the merchandise over to a carefully selected carrier.

5. Customer shall not be entitled to declare a setoff against any claim of DATA BECKER unless customer’s respective counterclaim is based on a final judgement of a court of competent jurisdiction. No lien shall be declared by customer unless based on the identical contract which DATA BECKER’s connected claim is based on.

6. The subject matter of the purchase contract are the sold products as identified in the respective product descriptions. DATA BECKER warrants, for the statutory warranty period of two (2) years as from receipt of the products by customer, that at the time of sale the products are free from defects. DATA BECKER also warrants that all sold products comply with the description given of them on DATA BECKER’s website. Customer looses the benefit of the above warranty where (i) the defect results from repair or alteration by any persons other than the manufacturer or DATA BECKER; (ii) products have not been returned with a detailed description of the defects observed; or (iii) defects are wholly or partially due to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions or other instructions issued or made available by DATA BECKER upon delivery. DATA BECKER does not provide any other warranty and/or guarantee, either expressly or implied, to the products. Customer hereby acknowledges that it is not possible to guarantee that software products meet certain performance requirements or that they work without discontinuity or error. Hence, DATA BECKER does not bear any risks as to software quality and/or performance. To the extent permitted by applicable law, the warranties stated herein are expressly in lieu of all other warranties, and unless otherwise expressly stated herein, DATA BECKER makes no other warranty, expressed or implied, whether in law or in fact, oral or in writing, including, but not limited to, any express or implied warranty of merchantability or fitness for a particular purpose with respect to the products. DATA BECKER expressly recommends performing data backups prior to any installation of any product, and repeating such data backups regularly and, for important data, daily.

7. DATA BECKER shall not be liable for losses (including, but not limited to, loss of goodwill, profits, contracts, anticipated savings, data or data restoration expenditures or any other indirect or consequential loss) resulting from DATA BECKER breaching these General Terms of Business unless caused by DATA BECKER’s intent or gross negligence and reasonably foreseeable to both parties. However, DATA BECKER does not exclude or restrict liability for death or personal injury resulting from our negligence, and nothing herein shall affect any statutory rights of customer.

8. Title to sold products shall not pass from DATA BECKER to customer until payment has been made in full. Such reservation of title shall persist for all claims of DATA BECKER which it acquires against the customer afterwards in connection to the respective sale. For the duration of the reservation of title, customer is entitled to use the product provided that customer adheres to all obligations under the contract. As far as computer software is concerned, DATA BECKER grants the customer a non-exclusive, unlimited license to install and operate the software on one single computer, unless set forth otherwise in the respective License Terms.

9. DATA BECKER shall, in keeping with its Privacy Policy, be entitled to collect, store and use personally identifiable information of customers to the extent reasonably necessary to serve its legitimate business purposes.

10. Should individual parts of these General Terms of Business be or become invalid, this shall not impair the validity of the remaining provisions. The parties will in this case agree a valid provision to replace the invalid provision and which most closely approximates to the commercial consequences sought in the invalid provision. The place of fulfilment and legal venue for present and future claims and litigation arising from business relationships with fully qualified traders within the meaning of the German Civil Code is DATA BECKER’s place of business. DATA BECKER reserves the right, however, to pursue its rights at any other authorised court. The laws of the Federal Republic of Germany alone will apply – also to overseas transactions – to the exclusion of international civil law / conflict of laws. Uniform UN purchasing law (Convention on Contracts for the International Sale of Goods) shall not be applicable.

DATA BECKER GmbH & Co. KG
Merowingerstrasse 30
D-40223 Düsseldorf
Germany

E-Mail: support@todate.com
Phone: +49.(0)211.9331-800
Fax: +49.(0)211.9331-444

Managing Directors:
Dr. Achim Becker and Harald Becker

Tax ID Number: DE 164 800 950

Corporate Register Entries in the Register of the Municipal Court (Amtsgericht) of Düsseldorf:
No. HRA 12113 (DATA BECKER GmbH & Co. KG)
No. HRB 30646 (DATA BECKER Verwaltungsgesellschaft mbH – General Partner)

As of: September 2009