Draft: General terms and conditions of business – BLOOM's GmbH Ratingen

1. All deliveries and services of the firm of BLOOM's GmbH on the basis of online orders over the Internet or other online services are subject to these general terms and conditions of business. Varying and/or supplementary agreements require the express agreement of BLOOM's GmbH, and must be made in writing; this also applies to waiver of the written form.

2. BLOOM's GmbH will comply punctually with agreed or specified delivery times as far as possible. If delivery times are exceeded by more than six weeks, the customer has the right to set an additional period, with the proviso that he may decline acceptance of the purchase after the end of this period. This additional period must be at least one month. If no agreement can be reached on a new delivery date, the customer may, after the end of this period, give a written declaration of withdrawal from the contract. If in the case of delay or impossibility of supply the purchaser requires compensation for damages on the grounds of non-fulfilment, this shall be restricted, in the case of minor negligence, to a maximum of 5 % of the purchase price, and covers only the compensation of immediate damages, i.e. not loss of profits or other indirect damages. Further claims on the part of the purchaser – in particular to delivery – are excluded.

3. The risk is transferred to the customer as soon as the goods are handed over to the carrier and have left our premises. This also applies if BLOOM's GmbH pays the transport costs. Any complaints relating to transport damage must be made immediately by the customer to the carrier within the specified period. In case of goods sent by the customer to BLOOM's GmbH, the customer bears all risks, especially the transport risk, until the goods are received by BLOOM's GmbH in Ratingen.

4. Invoices of BLOOM's GmbH are due for payment immediately and without deduction. From the 30th day following the invoice date, BLOOM's GmbH is entitled to charge late payment interest at a rate of 3 % above the corresponding base rate of the Deutsche Bundesbank, unless BLOOM's GmbH can substantiate higher interest or the purchaser a lower loss on the part of BLOOM's GmbH, without the need for prior reminders. Cheques are accepted for payment purposes only. Any bank charges must be borne by the customer. Reconciliation of payments may only be made in the event of claims that are either undisputed or established in law. The right of retention may only be exercised by the customer if based on the same contractual relationship.

5. Complaints relating to contents of deliveries, faults, incorrect deliveries or quantities, insofar as such can be established by means of reasonable examination of the goods, must be made in writing immediately, and at the latest within one week of receipt of the goods. The guarantee period of BLOOM's GmbH is six months from receipt of the goods. In case of justified complaints, BLOOM's GmbH will supply any short deliveries, or at their discretion and subject to exclusion, replace the goods, take back the goods or offer the purchaser a discount. In case of replacement of the goods where the second delivery is also faulty, the purchaser has the right to cancel the contract or require a reduction in the price. The guarantee for equipment faults is restricted to rectification.

6. Computer CDs are carefully produced and checked. Under the current state of the technology, it is impossible to create software that will run properly in all conceivable system and application environments. BLOOM's GmbH does however guarantee a programme which is usable in the sense of the programme description. BLOOM's GmbH guarantees that the data media are free of material and/or manufacturing defects at the time of supply or dispatch. If data media however prove to be faulty, it will be exchanged by BLOOM's GmbH within the 6-month guarantee period. The guarantee period begins with the hand-over of the goods. If a fault in the above sense is not rectified by exchange within an appropriate time, the purchaser may, at his discretion, require cancellation of the contract or a reduction in the price. Any further guarantee is excluded for technical reasons. In particular, BLOOM's GmbH offers no guarantee that the programme functions satisfy the requirements of the purchaser, or work in conjunction with components in the special configuration of the purchaser. BLOOM's GmbH further offers no guarantee for the selection, installation, use and intended results of the software. All guarantees are excluded in the event of consequences caused by modifications made to the goods by the purchaser or a third party, or by improper handling or use of the goods. BLOOM's GmbH accepts no liability for loss of data.

7. The goods remain the property of BLOOM's GmbH until full settlement of the claims accruing to BLOOM's GmbH on the basis of the contract. The reservation of ownership continues to apply for all claims subsequently accruing to BLOOM's GmbH against the purchaser in connection with the goods purchased, e.g. on the basis of repairs or other services. For the duration of reservation of ownership, the purchaser is entitled to the keeping and contractual use of the goods, provided that he fulfils his obligations arising from the reservation of ownership and the business relationship within the specified time. In cases where the goods include computer CD’s, the purchaser is granted a simple and unrestricted right to load and run the programme, and to make a back-up copy, unless specified otherwise by the license conditions of the relevant programme. The customer is obliged to provide BLOOM's GmbH with any and all information required in the event of legal prosecution arising out of the reservation of ownership.

8. BLOOM's GmbH is entitled to record, save and process the necessary personal data of the customer obtained in the course of the business relationship.

9. Reprinting or reproduction is permitted only with the written permission of the editor or publisher. No liability is accepted for graphic materials, manuscripts or goods sent in without request. All information is provided to the best of our knowledge, but without commitment. Reproduction, incorporation in online services and Internet, and copying onto data media such as CD-ROM, DVD-ROM etc. only with the prior written consent of the publisher.

10. The invalidity of individual stipulations of these general terms and conditions of business does not affect the validity of the remaining stipulations. Any invalid stipulation will be replace by a new stipulation which most closely approximates the commercial intent of the invalid stipulation. Place of fulfilment and jurisdiction for contracts concluded subject to these general terms and conditions of business is Ratingen.

Cancellation policy for consumers:
If the customer is a consumer, who has concluded a purchase agreement for a purpose which concerns neither his commercial nor his professional activities the customer is entitled to withdraw from the contract in compliance with this cancellation policy:

Right of withdrawal
The customer may cancel his contractual statement within two weeks without indicating any reasons therefore either in writing (e.g. letter, fax or email) or by returning the consignment. The period begins at the earliest with the receipt of this written instruction for the right of withdrawal, however, not before the receipt of the consignment. To meet the cancellation time limit, timely dispatch of the cancellation or the ordered goods shall suffice. The written cancellation or return should be sent to:

BLOOM’S GmbH
Medien Marketing Event
Am Potekamp 6
D-40885 Ratingen
GERMANY
Fax.: +49(0)2102-896073
email: info@blooms.de
HRB Düsseldorf 43719
USt-Id.-Nr DE121535184

Cancellation consequences
In the event of effective cancellation the payments or services that have been received (e.g. interests) by each party must be returned. If the customer is not able to return the goods in their original condition or only in a deteriorated condition he must refund the costs therefore. This does not apply to damages caused by an inspection of the goods which would have been carried out in a regular shop.
Besides, customers will not be obliged to refund the goods if they avoid using them as their property and fail to damage their value at all costs. Goods which are transportable as packages have to be returned. If the order value is less than € 40 the costs shall be borne by the customer unless the goods supplied do not correspond to the goods ordered. Where the order is over € 40 the customer has to bear the costs of returning the consignment provided that he has not yet paid the reward or the part payment as agreed in the contract at the time of the cancellation. In all other cases the costs are borne by BLOOM’s and the customer is exempt from charges when returning the goods.

Please notify us in any case about the desired returns in order to arrange the collection of the goods. A cancellation of the contract is also effective with freight forward returns, yet freight forward returns are charged with a further postage due in addition to the costs for the return (Last revision: November 2006: € 12). The customer has to bear these additional costs in any case even if Bloom’s bears the costs for the return consignment. We only bear the costs for a regular return.