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Terms and Conditions Agreement


	As of 11 November 2011 

	 The following terms and conditions were originally worded in German. You as the Customer may save and print out as many copies of these terms and conditions you may need for future reference. You can also request these terms and conditions in digital or printed form from the address Karlsruher Str. 10, 69126 Heidelberg, by fax (06221 619766), or by email (info@lingenio.de). In addition, they are enclosed for you in every delivery. The address for deliveries and the authorised representatives of Lingenio GmbH can be found from the invoice. 

1. SCOPE

	 The following general terms and conditions apply exclusively to all business relations between Lingenio GmbH (hereafter Lingenio) and you as the Ordering Party. Lingenio expressly states that the general terms and conditions of the Customer will not be included in the terms of contract, even when Lingenio does not specifically exclude them. 

2. SELECTION OF PRODUCTS

	 Lingenio offers products for sale online at http://www.lingenio.de. The website lets customers select and order products. The products details are presented separately on their respective web pages. All prices are given together with the statutory value added tax. Before shipping your order, Lingenio allows you to examine and if necessary correct the details of your order, in particular with respect to price and quantities. 

3. PRICES

	 All orders are subject to the list prices as they are presented on the website at the time of ordering. Prices include the statutory value added tax applicable in Germany, but not the costs for postage and packing. Customers abroad may be exempt from this value added tax in accordance with the international regulations pertaining thereto. 

4. CONCLUSION OF CONTRACT

	 The offers made by Lingenio are not binding. All products are available only while stocks last. Lingenio is not obliged to deliver goods or render services when these become unavailable. A contract is deemed to be concluded between Lingenio and you as the Customer when your order has been confirmed in writing by Lingenio.  

CANCELLATION POLICY

	You may cancel your contract within fourteen (14) days without giving a reason, either in text form (e.g. letter, fax, or email) or, if the goods have been delivered to you before the expiry of this period, through return of the goods. The period begins upon receipt of this policy in text form, but not before the goods arrive at the recipient (or, in the case of recurrent deliveries of the same type of goods, not before the first partial delivery is received) and not before we have discharged our obligation to inform as defined by Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the EGBGB (introductory act to the German civil code) and our obligations under § 312e Para. 1 Clause 1 of the BGB (civil code) in conjunction with Article 246 § 3 of the EGBGB. The cancellation period is deemed observed when the cancellation or goods are dispatched in due time. Notices of cancellation must be directed to: Lingenio GmbH, Karlsruher Str. 10, 69126 Heidelberg, by fax to: (06221) 619766, or by email to: info@lingenio.de. 

CONSEQUENCES OF CANCELLATION

	In the case of effective cancellation, both parties must return or refund the goods or services received as well as any other benefits gained from their use (e.g. interest). If you are unable to return or refund to us all or part of the services received, or return to us the same only in a deteriorated condition, you are obliged to compensate us accordingly. In the case of delivered goods, this does not apply when the deterioration of goods is brought about solely by a trial thereof, such as you may have performed e.g. in a retail shop. In all other cases, you may avoid the obligation to compensate us for any deterioration of goods caused by their intended use by not using the goods as your own property and refraining from all activities that may affect their value. Goods that can be shipped in parcels are to be returned at our risk. You must bear the costs of returning the goods if the delivered goods are as ordered and if the price of the returned goods does not exceed €40, or, in the case of goods with a higher price at the time of cancellation, when you have not effected the compensation or a part payment agreed by contact. In all other cases, your return of the goods is free of charge. Goods that cannot be shipped as parcels will be retrieved from your address. Requests for refunds must be met within thirty (30) days. This period commences for you on the date you send us the goods or notice of cancellation, for us on the date of their receipt. 

SPECIAL NOTICES

	 The right of cancellation granted to you as the Customer expires before the due date when Lingenio has commenced providing the service with your explicit consent before the end of the cancellation period or when you as Customer have initiated this, e.g. through downloads, etc.  

5. IMPLEMENTATION OF THE CONTRACT

	 Lingenio will handle an order within forty eight (48) hours and inform you whether the ordered products are available. If and when the ordered products are available, Lingenio will deliver these within ten (10) working days following receipt of the order. 

6. TERMS OF PAYMENT

	 Lingenio issues an invoice for the goods you have ordered that will be handed to you on delivery of the goods. Lingenio delivers ordered goods cash on delivery, following advance payment, or with enclosed invoice. Any advance payments, including PayPal services, are duly considered at the time of invoicing. Shipments on account must be paid to the full amount within fourteen (14) days at the latest following receipt of the invoice. All invoiced prices are retail prices including the applicable value added tax. In case of default on payment, you as the Customer, provided that you are a consumer as defined under § 13 BGB (German civil code), are obliged to pay default interest to the amount of 5% (five percent) above the base interest rate. If you are an entrepreneur as defined under § 14 BGB (German civil code), you must pay default interest amounting to 8% (eight percent) over the base interest rate. 

7. TERMS OF USE

	 In the case of goods in the form of software, Lingenio grants you the nonexclusive right to use the software simultaneously on as many computers as the software packages (suites) you have purchased. You receive ONE software package for each single user product. This right of use applies to the buyer only and is not transferable. A software package may be resold only with all of the appurtenant parts. In this case, all retained copies must be destroyed. The regulations under § 69 of the UrhG (German copyright act) apply to duplication, editing, and decompilation. Leasing is permitted only after special agreement.  

8. UPGRADE

	For certain software packages in its product range, Lingenio offers upgrade packages under specific conditions and against proof of ownership of the corresponding formerly released software packages. Current offers and conditions are published at http://www.lingenio.de. On purchase of an upgrade, the customer is only entitled to replace the formerly released version of the software with the upgrade package. By purchasing an upgrade, the Customer agrees NOT to make any use or disposition of the formerly released software package and the upgrade package separately from each other. It is expressly forbidden to install the existing software package and the upgrade package simultaneously on separate computers or for separate users. 

9. WARRANTY AND LIABILITY

	 The statutory warranty conditions apply. For an entrepreneur, the warranty is limited to one year and Lingenio reserves the right to decide whether to repair the product or deliver a replacement free of charge. Lingenio is liable to the full amount of damages for gross negligence on the part of its divisions and executive employees; in principle for all culpable violations of basic contractual obligations; in addition and in principle also for gross negligence on the part of fulfilment agents; provided that Lingenio cannot contract out of this liability according to commercial usage, in the last two cases to the amount of compensation based on the usual, foreseeable damage. This does not affect liability on the grounds of intent, warranty, malice, or personal injury, or liability under the German Product Liability Act. Lingenio accepts no liability for ensuring that the delivered software is suitable for the Customer’s purposes or that it operates properly with the software and hardware installed at the user’s location. This limitation of liability does not apply to cases of intent or gross negligence. 

10. FORCE MAJEURE

	 In the event that Lingenio is unable to provide an outstanding service on the grounds of force majeure, it is exempt from its obligation to provide this service for the duration of this force majeure. If Lingenio is unable to execute an order or delivery for longer than one month on the grounds of force majeure, you as the Customer are entitled to annul the contract. 

11. PRIVACY POLICY

	 Lingenio will respect all its obligations under the data protection laws, in particular as specified in the TMG (German Telemedia Act). In accordance with these laws, Lingenio may compile, process, and utilise the inventory data, invoicing data, and usage data it collects from the Customer provided that this is conducive to the fulfilment of this contract. For all other purposes, customer data may be utilised only with the Customer’s consent, unless this consent can be derived otherwise from the applicable laws. The Customer has the right at all times to receive information free of charge on his stored personal details.  

12. CONCLUSIVE PROOF CLAUSE AND BURDEN OF PROOF

	 The data stored in electronic registers or other forms at Lingenio are deemed permissible evidence of data transmissions, contracts, and payments rendered between the parties. 

13. FINAL PROVISIONS AND VENUE

	 German law applies. If a provision of these terms is or becomes void, this shall not affect the validity of the other provisions. Lingenio and the Customer will replace the void provision with an effective provision that best approximates the business intentions of both parties to the contract.

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