Publications

General Terms and Conditions

of PASS IT-Consulting Dipl.-Inf. G. Rienecker GmbH & Co. KG
Schwalbenrainweg 24, 63741 Aschaffenburg

www.pass-consulting.com
Legal form: GmbH & Co. KG     
Registered office: Aschaffenburg     
Registration Court: Aschaffenburg Local Court, HR A 2921     
Managing Director: Gerhard Rienecker    

The General Terms and Conditions below are originally written in German and also available for download.

1. Scope

The business relationship between PASS and its customers is exclusively based on the following Terms and Conditions in the version as amended at the time the contract was signed. PASS will not recognize any deviating conditions of the customer, unless PASS has explicitly expressed its consent in writing.

2. Product selection

The customer may choose and order products on the above-mentioned website. At www.pass-consulting.com, PASS operates a commercial website designed as an online shop. On this website, PASS offers its customers the possibility to purchase products, mainly studies, whitepapers, components, and software, via the Internet. The customer may also view and download product descriptions for the individual products on the website. The customer may also select the desired products via the navigation and menu bars. Once a product has been selected, it is shown on a summary page in the web browser. In addition to the product features, this summary page also usually contains information about the typical user potentials and areas of application of the product. Studies and whitepapers are especially featured in excerpts. The product may be ordered via a button or a text-based link leading to an order page. On this order page, the order information is either automatically integrated from previous orders or entered again by the person ordering. Before submitting the order, PASS enables the customer to review the order for accuracy, above all regarding the price and quantity and to correct the information entered, if necessary. By clicking the order button the transaction is completed. Closing or canceling the order page will cancel the order process.

3. Registration

Before placing an order, the customer must register with PASS. Multiple registrations under different names or addresses are not permitted. Once the customer has successfully completed the registration process, products may be purchased in the online shop.

PASS may withdraw these access rights at any time and without stating any reasons. In such a case, PASS is entitled to disable the user name and the corresponding password with immediate effect.

3. Contract conclusion

The product presentation in the PASS online shop does not constitute a proposal pursuant to §§ 145ff of the German Civil Code (BGB). The presentations on this website are subject to change and without obligation. The customer is requested to submit a proposal for concluding a sales contract through the online shop. The mere submitting the order through the customer does not yet constitute the contract. Following the order, the customer receives a confirmation of receipt via email (order acceptance). The order acceptance does not constitute an acceptance of the proposal but is merely supposed to inform the customer about the fact that the order has been received by PASS.

A contract with PASS is entered if PASS accepts the proposal of the customer by PASS sending the ordered product to the customer and confirming the shipment to the customer in a second email. The acceptance is subject to the reservation of availability of the ordered products and subject to the reservation of the availability of a product similar in price and quality (good or service). If PASS is not in the position of accepting the proposal of the customer, the customer will be informed electronically. PASS will store the contract for processing the sales contract. The customer may only have access to the sales contract in addition to the submitted shipment notice if he/she is able to prove special interest in a repeated transmission to PASS.
The products offered are only sold to persons with unlimited legal competency. PASS reserves the right to refuse orders received for economic reasons without any obligation to state the reasons.

PASS reserves the right to request a down payment for larger order quantities. The order is processed upon receipt of the down payment.

4. Right of Cancellation

End consumer orders of standard items may be canceled within two weeks without stating any reasons by sending a letter, fax, or email or by returning the object. The deadline starts at the earliest upon the receipt of the goods and the underlying instructions but not before we have fulfilled our obligation to inform pursuant to § 312 c para. 2 BGB in conjunction with § 1 para. 1, 2, 4 BGB InfoVO and our obligations pursuant to § 312 e para. 1 sentence 1 BGB in conjunction with § 3 BGB InfoVO. To protect your right of cancellation, a timely mailing via fax, letter, or email or the goods themselves is recommended. Please direct the cancellation or the returned goods to:

PASS IT-Consulting Dipl. Inf. G. Rienecker GmbH & Co. KG
Marketing & Unternehmenskommunikation Department
Schwalbenrainweg 24
63741 Aschaffenburg
Telefax: +49 (0) 6021 / 3881-400
marketing@pass-consulting.com

The cancellation right does not apply to an order for 1. services that are transmitted online (e.g. studies or software for download), 2. for the shipment of custom-made goods or goods that are explicitly tailored to a specific need, 3. for the delivery of audio or video recordings or of software once the delivered data carrier has been unsealed, 4. for rendering services.

In the course of effectively exerting the right of cancellation (see para.1) pursuant to sec. 357 para. 2 BGB, the services received on both ends are to be returned and all value captured from PASS, if applicable (interest) to be handed out. If the customer is unable to in parts or fully return the services received to PASS, he/she must compensate for any deterioration in value. The customer is not obligated to compensate for deterioration in value if the object has worsened. Transportable delivered goods must be returned on our cost and risk. Non-transportable goods will be kept with the customer. Any obligation to reimburse for payments must be met within 30 days. For the customer, the deadline starts with sending the declaration of revocation (or the goods), for PASS with their receipt. The right of cancellation of the customer expires prematurely if PASS started to carry out the service with the explicit consent of the customer before the end of the cancellation period or if the customer has initiated it him or herself (e.g. through product download). The right of cancellation of the contract continues to exist regardless of the customer’s claims for warranty in the event of faulty goods (see item 6. Warranty). End of instructions on the right of cancellation.

5. Return charges

The customer must bear the cost for return shipments if the goods delivered are equivalent to the goods ordered, and if the price for the goods to be returned does not exceed the amount or EUR 40.00. Starting at an order value of EUR 40.01, PASS will take over the cost for return shipment if this was previously agreed upon with our customer service. The costs will be reimbursed on the basis of the receipt (please include it in the shipment). No unstamped return shipments will be accepted.

6. Warranty and liability

If any delivered items show obvious material or manufacturing faults, transportation damage included, please make sure to complain about such mistakes to our hotline immediately, however, at the latest two weeks following the delivery. For all other defects occurring on the object of sale during the statutory warranty period, you have the choice of whether the legal claims for subsequent performance, elimination of defects or, to the extent where the special legal prerequisites are fulfilled, further claims for the reduction of the purchase price or withdrawal from the contracts, as well as the right for damages including to compensate for the damage that occurred instead of the fulfillment and replacement of your futile expenses. The statute of limitation for statutory warranty claims is two years from the date the goods were received. If the customer is a business, the statute of limitation is one year.

At the present state of technology, data communication via the Internet cannot be warranted to be free of errors or available at any time. PASS, therefore, does not assume liability for the permanent and uninterrupted availability of their online-services.

The warranty rights of the customer require him/her, to the extent if such a customer is a businessperson as defined by the German Commercial Code (HGB), to follow up on his/her statutory obligations to inspect for and give notification of defects pursuant to sec. 377 HGB.
The right to set-off or a price reduction exists only if counter claims have been legally established, are undisputed, or acknowledged in writing by us.  

7. Force majeure

In the event that PASS is incapable of rendering the services owed due to force majeure (particularly war, natural disasters, etc.), they shall be exempt from their obligation to deliver over the course of the hindrance. If PASS, due to force majeure, is not able to execute the order or shipment of the goods exceeding one month in time, the customer is entitled to withdraw from the contract.

8. Delivery

As a rule, all products are delivered online, in other words, the products are made available to the customer as a download. The parties have come to agree upon the obligation to be performed at the place of the debtor.

As an exception and only following a previous agreement, the products will be delivered in a printed version or stored on a medium. The delivery is ex works to the address given by the customer. Any information on delivery schedule is without obligation.

9. Prices

The prices published at the time of the order shall apply as shown on the Internet sites.

In the event that the products are shipped in their written version or on a data carrier, the prices are ex works of the PASS IT-Consulting Dipl.-Inf. G. Rienecker GmbH & Co KG headquarters including VAT and excluding the cost for packaging and shipping.

10. Invoicing, payment, payment date, and default

As a rule, invoicing takes place including the VAT applicable in the country of delivery. This also applies to deliveries abroad.
The goods are paid by credit cards or prepayment.
We regret that no payments can be made by sending cash or checks. We do not assume any liability in the event of loss.
In case the payment method selected by the customer cannot be carried out despite performance according to the contract on the side of PASS, especially since the account of the customer cannot be debited for certain reasons (e.g. in sufficient funds or wrong customer data), the customer must properly reimburse PASS or any hired third party for the purpose for which the additional cost occurred.  
In the event that the customer shall lag behind in payment, we shall reserve the right to bill the reminder charges to the customer.
PASS is entitled to use the services of trusted third party services for payment settlement.
1) In the case of a late payment of the customer, PASS may assign their claims to collection agencies and transfer all personal information necessary to such a third party.
2) Once a third party has been involved in the payment procedure, the payment to PASS is only deemed effective if the amount was made available to that third party according to the agreement and such a third party is given unrestricted disposal of the funds.

11. Service hotline

PASS offers a service hotline for all customer questions pertaining to the products. Customers may reach the hotline from Monday through Friday between 8:30 am to 5:30 pm (except for legal holidays) under +49 (0) 06021/3881-200.

12. Retention of title

PASS shall retain the title to the products delivered until all the payments have been received in full.

In the event where the customer appears as a businessperson as defined by the German Commercial Code (HGB), PASS shall retain the title to all the products until all claims against the customer have been met by him/her in full.

13. Copyrights in the products, indemnification

In the event where the customer transmits a proprietary product to PASS or influences the product in any other way, the customer assures PASS that the product is free from any third party rights. Any potential copyright, personality right, or naming rights violation shall be to the account of the customer. The customer, furthermore, assures that by individualizing this product, he/she does not violate any other third party rights.

The customer commits to indemnify PASS from all claims that will be asserted for violating such third party rights to the extent where the customer is responsible for the breach of duty. The customer shall reimburse PASS for all defense costs and other occurring damage within this context.

14. Data protection

PASS commits to protect the privacy of all persons using the PASS Portal services and to treat all personal data confidentially. This is based on the respective legal provisions such as the German Federal Data Protection Act (BDSG) and German Teleservices Act (TMG). We store customer data electronically (see logging below). Customers may delete their data at any time by sending a request to PASS at marketing@pass-consulting.com.

PASS will use your personal data for the sole purpose of fulfilling the contract. No information, especially personal data, will be passed on. PASS will only send emails to its customers following their prior consent.

PASS encrypts its transmissions of personal data in order to ensure the highest level of privacy, security, and confidentiality. All personal data are password protected and are restricted to customer access. PASS servers use various security mechanisms and authentication procedures to prevent unauthorized access.

15. Logging

Due to past events regarding security, the relevant access data will be stored during each visit of the PASS server. This web server is operated by PASS. Depending on the access protocol used, the protocol record consists of the following data:

1. IP address of the requesting computer,
2. Date and time of the request,
3. Access method or function requested from the accessing computer,
4. Input values transmitted from the requesting computer (file name, …)
5. Access status of the web server (transfer file, file not found, command not executed, etc.)

16. Final provisions

This agreement is exclusively subject to the substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on the International Sale of Goods. In the event that the customer is a businessman, Aschaffenburg is the sole venue for all claims arising from the business relationship. Should any provision of this agreement become invalid, the remaining portion of the agreement shall continue in full force and effect. In such case, PASS and the customer will reach an agreement that replaces the invalid provision with a legally valid provision with the most similar economic content as possible and/or which comes closest to the object of this agreement.

 

Updates: February 2010