Terms and conditions of the FLL

1. Scope

The terms and conditions are part of the commercial relationship between the FLL and the customer on orders via mail, telephone, fax, e-mail or through the website www.fll.de .
Opposing terms cannot be accepted unless the FLL has agreed to differing conditions explicitly in written form.

2. Sales Contract

A sales contract comes into existence when the customer has placed an order and FLL has delivered the product. Contracting partners are the customer and
FLL Forschungsgesellschaft Landschaftsentwicklung Landschaftsbau e.V.
Friedensplatz 4, 53111 Bonn, Deutschland
Tel. + 49 228 965010-0, Fax: + 49 228 965010-20, E-Mail: info@fll.de
Register of associations (district council Bonn) number 20 VR 56 14.

3. Prices

Prices include the current statutory Value Added Tax. The standard shipping and handling rate is EUR 3.75, (international shipping costs: 8.75) €. The standard shipping and handling rate is not applicable to orders containing 10 or more publications (settlement according to operation expense).Upon the delivery or where applicable upon the acquisition of products via download the customer receives an invoice. Payment may be made via money transfer, cheque and Visa- or MasterCard. We reserve the right to only deliver upon advance payment or cash on delivery in certain cases. International delivery can only be completed upon advance payment, preferably by PayPal, Visa- or MasterCard, invoices only after consultation with our office.  

4. Delivery

Delivery is subject to the availability of the product.

For intra-community supply of goods according to § 27 USTG (German VAT Act) our VAT Identification No. is DE 122 124 031.

Delivery is carried out, as contractually agreed upon with us, by the service provider
Dienstleistungsunternehmen
Christoph Langen CL Bürodienstleistungen
Trierer Str. 125
D 53115 Bonn
Germany

Complaints regarding damages on the route of transportation are to be addressed to the transport company instead of the FLL.

5. Payment

Unless noted otherwise on the invoice the invoice balance is immediately payable without deductions. Trade discounts are not granted.
In the case of delayed payment collection expenses and default interest apply in customary banking amounts.

6. Property reservation

Until full payment has been received all items remain the property of the FLL.

7. Right of Withdrawal

(A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor their independent vocational activity can be added)

Revocation

Withdrawal
You can cancel your contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of goods by the consignee (in case of recurring deliveries of similar goods not before the first partial delivery), for services not pre-contractual and overall does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation period is sufficient to send the revocation or thing.
The revocation must be sent to:
FLL e.V., Colmantstr. 32, 53115 Bonn
Fax; 0228-96501020, E-mail: info@fll.de
Consequences
In the case of an effective cancellation the mutually received benefits and any benefits (e.g. interest). Can you give us the performance received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration of the case solely on the test - as it would have been possible in a store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the article as provided by the goods as your property and everything that could reduce its value. Packages are to be returned at our risk. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount of not exceeding 40 Euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have agreed partial payment provided. Otherwise, the return is free for you. Not parcel things do you pick.
In the provision of services may lead to revocation that you meet the contractual payment obligations for the period up to cancellation must nevertheless.
Obligations to reimburse payments must be made within 30 days. The period begins with the sending of your cancellation or the goods, for us, with their reception.
Special Notes
In the provision of services your withdrawal expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of withdrawal.
Exclusion of withdrawal
The right does inter alia not apply to contracts for the supply of goods to be manufactured according to customer specifications or clearly tailored to personal needs or which are not due to their condition suitable for return or spoil quickly or whose expiration date has passed, the supply of audio or video recordings or software if the delivered data carriers have been unsealed by you and the supply of newspapers and magazines (unless you the sales contract for the supply of newspapers and magazines have given by phone).

8. Costs for a voluntary withdrawal

If the FLL accepts returns of single publications contrary to its legal obligations based on a customer's request, the FLL reserves the right to collect 10 percent of the invoice amount from the customer for services rendered.

9. Liability

For the content of all products sold by the FLL liabilities are excluded in the legal scope of liability. Furthermore FLL's liability for damages, for whatever legal ground, shall be limited to the invoice amount according to statutory regulations.

10. Privacy Policy

As part of its business makes use of the FLL of a data processing system. Your personal data will be stored in accordance with § 28 Federal Data Protection Act (BDSG) and processed in automated procedures. The data collected from our customers’ personal information we use to provide you with the products you want. It will be disclosed to the extent necessary to Christoph Langen, CL office services. The data from your purchase will be further used to contact you about a similar new publications and special offers. This can use your data for the purpose of advertising or marketing and opinion research contradict any time. An advertisement by e-mail requires the express consent of the customer. Please note our privacy policy at www.fll.de

11. Further Regulations

German law is exclusively applicable to all business connections with foreign customers. All transfers and chargings are done in EURO.
Place of fulfillment and jurisdiction is Bonn.

as of 2013-05-07

Further terms and conditions for online products (downloads)

1. Scope

Subject of these further terms and conditions are all contracts between the FLL and customers (users) relating to online products of the FLL. Online products are contents which are delivered to the user via electronically transmission.

Before buying a product, always paying the mandatory purchase price will be displayed. By clicking the download button the user agrees to purchase the content offered. By doing so, the sales contract comes into existence. The delivery of the data by the FLL is considered fulfilled once the user has gained access to the data provided. The FLL's responsibility for the data transfer ceases at this point.
The FLL's terms and conditions apply exclusively.

2. System Requirements

The FLL supplies all data in form of PDF files. Software to display the data will not be supplied by the FLL. The user needs to meet the requirements to display the data at his or his own costs and risks.
The FLL reserves the rights to change technical and system requirements. We will try to keep technical changes as minimal as possible.

3. Rights

The supplied data is protected by copyright. The user has the single and not transferrable right to use the downloaded documents of the FLL set of rules and standards as well as further publications at a single workstation. The use of downloaded documents within a company's network is permissible if the user has purchased multiuser licenses.  
The user is allowed to use downloaded data for his or her personal use. This use includes saving a permanent copy of the data as well as producing single hardcopies within the strict limits of the copyright. The FLL reserves the right to limit the extent and amount of copies in an appropriate way.
Transmission of data to third parties in part or as a whole through electronic storage media, through remote data transmission, through hard-copies or through any other form of media as well as creating access to the saved data for third parties and feeding the data into a local retrieval system / intranet as well as commercial information brokering is not permitted.
Any translation, adaptation, adjustment or any other form of altering the data is only permitted with the FLL's explicit consent.
The FLL reserves the right to investigate if suspicion of abusive use or any other form of violation of the contract should occur and to take appropriate measures or to ban the user.
Any claims for damages shall remain unaffected.

4. User obligations

The user is obligated to only use the download feature in an appropriate way. The user commits to not abusing the access in any shape or form and to act according to the statement of data privacy protection agreed upon. He or she will report any sign of improper use to the FLL right away.
The user bears the costs of the user terminal as well as the telecommunication costs.

5. Confidentiality

The user has to ensure that unauthorized third parties do not gain access to the user's login information or to copies created by the user or sub users authorized by the user or gain access to the content of the data contained in any database in any other shape or form.
The transfer of username and password is not permitted. All orders will be billed to the proprietor of the password.

6. Use

The download of products is a service offered by the FLL for money. The according conditions are to be directly taken from the price information.
The contract is considered fulfilled once the user has gained access to the data provided online.

7. Usage Period

The documents are available for 10 days after purchase for download.

8. Liability

The FLL is only liable on account of deliberate action or gross negligence. The FLL is not liable for complete content of the data. A warranty for error-free data cannot be given according to the state of technology.

9. Further Regulations

Any change of contract is only valid in written form. Should a clause become invalid or impracticable the rest of the contract shall not be affected. Instead, in such a case the parties commit to implement effective or realizable measures that will meet the spirit and purpose as far as possible.
Place of fulfillment and jurisdiction is Bonn.
as of 2013-05-07