The present General Terms and Conditions of Business shall contain the exclusive provisions applicable between the Customer and focus solar GmbH, Marie-Curie-Str. 1, 26129 Oldenburg, Germany (hereafter called focus solar) which shall apply to all products offered on the focus solar website http://www.focussolar.de.

These General Terms and Conditions shall form an integral part of the contractual agreement concluded between focus solar and the Customer. Differing Terms and Conditions of the Customer which focus solar has not explicitly accepted in writing shall not be binding to focus solar even if it has not explicitly objected to them.

The presentation of our products shall not constitute a binding offer on the part of focus solar. Only when the Customer has submitted the order, focus solar's offer shall become binding pursuant to section 145 German Civil Code (BGB). A summary of the order for the selected article shall once again be displayed to the Customer before submitting the order. On the basis of information presented, the Customer can verify his/her order in particular with emphasis on scheduled delivery times and access periods. The contract shall come into effect upon acceptance of the order.

The Customer shall have the right to cancel his/her order pursuant to section 355 German Civil Code (BGB). Concerning the conditions and legal consequences of the right to cancel a contract, reference is made to the following Terms and Conditions.

Terms and Conditions of Cancellation
The Customer shall have the right to revoke his/her declaration of intention to conclude the contract in writing (e.g. letter, fax, email) without stating any reasons within a period of four weeks. The cancellation period begins when the Customer has received this instruction on the Terms and Conditions of Cancellation in writing, but not before the conclusion of the contract nor before focus solar has fulfilled its duty to inform the Customer under section 312 e, paragraph 1, phrase 1 German Civil Code (BGB) in combination with section 3 German Civil Code - Duty to Inform Regulation (BGB-InfoV). Punctual postage of the cancellation in writing (e.g. letter, fax, email) shall suffice to comply with the time limit. The cancellation should be addressed to:

focus solar GmbH, Marie-Curie-Str. 1, 26129 Oldenburg, Germany
Fax: +49 (0)441 / 36116- 564
Email: info@focussolar.de

Consequences of Cancellation
In the event of an effective cancellation, the services received by either party shall be returned and any benefits derived (e.g. benefits from use) surrendered. If the Customer is unable to return the services he/she received in their entirety or in parts or if he/she can only return them in a deteriorated state, he/she shall be obliged to compensate for the loss of value.

Expiry of the Right of Cancellation
The Customer's cancellation rights shall expire prematurely as soon as focus solar starts to provide services with the Customer's expressed consent or if the Customer him or herself initiates this before the end of the cancellation period.

The right of cancellation does not apply to goods and services, that have been designed after customer specification or clearly are tailored to individual conditions such as customer reports and datasets made for a specific geografic location.

The services provided by focus solar shall be liable to fees. The purchase price shall become due immediately upon acceptance of the order. The applicable price shall be the price as indicated in the offer presented at http://www.focussolar.de. No further rebate or discount is granted on the quoted price. The settlement of fees shall be handled by the payment system providers who will invoice, in focus solar's name and for its account, the use of chargeable contents. Please also take note of the General Terms and Conditions of Paypal, details of which shall be made available to the Customer during the payment procedure.

All products shall remain the property of focus solar until the purchase price has been paid in full.

Upon submission of the order, the product shall be delivered to the mailing address as specified by the Customer. The product shall also be sent electronically via email to the Customers email address. focus solar shall not be obliged to verify the actual receipt of the services by the Customer.

Delivery of products to the Customer is carried out by standard mail for which there is no additional postage charge to the Customer.

We state, that all mentioned shipping dates and delivery periods are approximate reference values and do not constitute legally binding delivery deadlines.

The Customer shall be entitled to use the information provided for his/her own use and to download it on his/her computer system. The Customer shall be entitled to make copies (e.g. print-outs) for his/her own purposes only. These rights shall apply only under the condition that protection notices, such as copyright notes, etc., as well as brands and names mentioned remain unaltered in the reproduced copies. Any further distribution of the services to third parties or their publication by the Customer - in whole or in part or in processed versions - shall not be permissible.

In as far as the services provided by focus solar contain copyrights, neighbouring rights or other rights, the Customer shall respect the rights of focus solar ensuing therefrom. focus solar asserts that it is in possession of all rights that are necessary for the distribution of its services.

In the case of non-compliance with clauses 8 and 9 of these Terms and Conditions, focus solar shall reserve the right to claim for damages to the amount of the fees lost. Moreover, the Customer shall commit him-/herself to paying a contractual penalty amounting to 50 per cent of the fees lost.

The Customer can complain about any deficiency in the products delivered.

The Customer shall be allowed to use the service provided by focus solar or the payment system provider in an appropriate manner only.

In particular, he/she

• shall not make any illegal use of access to the service, in particular not use it in breach of these Terms and Conditions, and shall respect the law as well as the rights of third parties,

• shall, in view to data security, observe the generally accepted principles of data security as well as the obligations under the data protection regulations,

• shall, with the greatest of care, check his/her emails or retrievals for viruses,

• shall comply with legal, official and technical provisions,

• shall keep confidential and not disclose his/her username and password, shall not tolerate or allow that they become known to any other person and shall take all measures necessary to ensure confidentiality and, in case of misuse or loss of these data or the suspicion of such, shall immediately report this,

• shall report to focus solar any evidence of abusive use of the service or product.

The Customer shall be liable to make good any loss or damage resulting from the breach of these obligations. The user's liability shall be limited to those cases for which he/she is responsible.

focus solar shall ensure that information and data presented to the Customer is gathered with the standards of prudence customary for the sciences. focus solar provides its services in compliance with the generally accepted rules of science and technology. focus solar's liability is limited to intent and gross negligence.

focus solar shall neither guarantee that the ordered articles are correctly delivered to the Customer nor does it guarantee that access to its services via the Internet is accessable at all times.

focus solar shall pay damages in the event that liability is given on whatever legal grounds, only in the case of intent or gross negligence, but not for damages for any special, incidental, indirect, or consequential damages (including, but not limited to the loss of business profits, interruption of business, loss of commercial information or any other financial loss) that may result from the use or the impossibility of use of service, even if the possibility of such damages was made known to focus solar in advance.

focus solar shall respect the privacy of anyone visiting this website. The storage of data retained for the processing of the order shall be in line with the provisions of the German Federal Data Protection Act.

In the case of some offers or services, focus solar or its partners shall retain personal data of their users. Any personal information received by focus solar shall be used for the sole purpose of processing the Customer's enquiries and orders (invoicing included). focus solar's server may also collect and store information about the Customer's access to the website (date, time or pages viewed). Such information shall be used for statistical purposes only, with all evaluations being made anonymously. When the Customer contacts focus solar by email, the email address and any personal data shall be stored for the sole purpose of corresponding with the Customer.

In connection with the Customer's access to focus solar's services, certain data (usually referred to as 'cookies') may be stored on his/her computer. This facilitates the use of the services provided by focus solar. The Customer may, however, prevent the storage of such data on his/her computer or delete them. (To find out how to do this reference should be made to the help tools of the computer software.) All personal data shall be stored only for the purposes outlined and shall not be made known to third parties.

By using the websites of focus solar, the Customer consents to storing and using the data retained during the Customer's visit to the websites.

Payment for products and services shall be made via the Paypal payment system where personal data is also retained, stored and processed. For more details reference should be made to the information provided by Paypal.

Amendments and supplements to these General Terms and Conditions of Business shall be made in writing.

This contract shall be governed by German law alone, UN Sales Law (CISG) excluded.

If any of the provisions of these General Terms and Conditions of Business shall be or become ineffective, the standard legal provisions shall apply. This shall not affect the validity of the other parts of these General Terms and Conditions.

For any Customer who is a registered trader, who has no place of general jurisdiction in Germany or for whom this agreement on jurisdiction is legally permissible, the place of delivery and jurisdiction is Oldenburg, Germany.

By ticking the check box below the Customer declares that he/she has read and understood these General Terms and Conditions of Business and accepts their validity.