Telecom Handel Top Distributor 2022

General Terms & Conditions

German Version:

GTC of faro-com GmbH & Co. KG

1. Liability

All companies, dealers and resellers commissioned by faro-com are acting on their own account and are therefore liable for all executed business transactions and agreements. Any distribution partner authorised by faro-com as such is fully liable for receivables from business transactions between the distribution partner and the end consumer.

2. Prices (hardware)

The listed prices are EUR net prices. In case of larger order volumes, special prices may be agreed. The sales tax is calculated separately in the legal amount on the invoicing date. Prices always refer to single units, unless specified otherwise, excl. packaging, shipment and insurance. In case of price changes, no stock price protection shall be granted. Regarding mobile phones without the purchase of mobile phone contracts, faro-com GmbH & Co. KG generally does not grant any payments to market development funds.

3. Commissions

Every month, the level of commission will be newly communicated. The basis for commissions is the correctly filled-in / signed agreement incl. appendices (PA/EC copy) submitted to faro-com GmbH & Co. KG in its original form. The level of commission corresponds to that applicable on the date of approval and not on the date of contract submission. The commission for the current month shall be paid until the 20th of the following month at the latest, and only with completed / signed original agreement incl. appendices. Possible bonuses / market development funds will be paid during the commission run.

4. Payment transaction

The desired payment transaction is the debit authorisation / direct debit. For new customers, shipment with cash on delivery is permitted until a debit authorisation has been granted. The distribution partner agrees to information being retrieved from SCHUFA/AKV where required. Commissions shall be paid to the specified account. No deductions are granted. Participants in the debit process will receive a slight shipment cost advantage. In case of payment default, default interest amounting to 5% over the base interest rate of the European Central Bank may be charged. The distribution partner shall bear the costs for returning not honoured debits. In case of non-redemption of a cheque, a criminal charge for cheque fraud shall be reported 14 days after the occurrence.

5. Shipment

The shipment costs depend on the agreed payment transaction. For the preferred debit authorisation / direct debit, fixed shipment costs (packaging, insurance and shipment) of EUR 5.99 shall be charged. Without a debit authorisation/direct debit, COD charges amounting to EUR 9.99 will be charged. Delivery on account is not possible.

6. Retention of title

All goods/services will remain the property of faro-com GmbH & Co. KG until payment has been completed. In case repeated payment default, faro-com GmbH & Co. KG reserves the right to request a security deposit.

7. General

Our terms and conditions may not be cancelled through opposing conditions of the distribution partner. Where individual aspects not apply or contradict their purpose, all remaining provisions shall remain unaffected and fully valid. It shall be considered as agreed that distribution partner data is stored for mutual customer management. We will continue to inform you about offers/commissions through electronic media until we receive a contra indication from you.

faro-com GmbH & Co. KG
Gewerbeparkstr. 21
03099 Kolkwitz

March 2002

Place of jurisdiction is Cottbus.

GTC of faro IMPORT EXPORT GmbH & Co. KG

1. General

All offers and services provided to customers by faro IMPORT EXPORT GmbH & Co. KG as well as the use of the website www.faro.de and all sub-domains associated with that domain are exclusively subject to our following General Terms and Conditions.

Solely traders as per § 14 BGB are our customers as defined by these General Terms and Conditions.

2. Contract conclusion

a) The offers of faro IMPORT EXPORT GmbH & Co. KG online represent an unbinding invitation to our customers to order goods.

b) By ordering the goods, the customer provides a binding offer to conclude a purchase agreement.

c) The purchase agreement is concluded through the dispatch of an invoice by faro IMPORT EXPORT GmbH & Co. KG in written form, via fax or e-mail, latest through the delivery of the goods.

d) Backlogs (ordered goods could not be completely delivered) are not registered. However, any deviating quantities shall be reserved for the customer. Upon the arrival of new goods, customer will receive an unbinding invitation to reorder the goods at the current price.

3. Delivery times

Delivery is made from the central warehouse Kolkwitz at the request, cost and risk of the customer. The likely delivery time is presented on the invoice. If no information is provided on the invoice, delivery shall be made within 30 days after the order.

4. Packaging and delivery cost

Delivery shall be made through dispatch of the goods to the address provided by the customer against the specified packaging and shipment costs. Where the customer requests a special kind of dispatch associated with additional costs, the customer shall have to bear such costs.

5. Payment

Payment is possible via
– cash on delivery (the customer is obligated to pay the purchase price when the goods are delivered)
– prepayment (the customer is obligated to pay the purchase price via bank transfer immediately after conclusion of the contract)
– SEPA direct debit mandate.

In case of prepayment, the customer shall receive an e-mail with the exact invoicing data from faro IMPORT EXPORT GmbH & Co. KG. For shipments with cash paid on delivery, the delivery agent will charge a supplemental collection fee depending on the delivery location, to be paid by the customer.

The customer shall only have the right to a set-off if the counter-claims are undisputed, have been determined to be legally valid or have been recognised by faro IMPORT EXPORT GmbH & Co. KG.

6. Retention of title

Until payment has been completed, the delivered goods shall remain the property of faro IMPORT EXPORT GmbH & Co. KG. Before ownership is transferred, a pledge, transfer by way of security, processing or redesign shall not be permitted without explicit consent provided by faro IMPORT EXPORT GmbH & Co. KG.

Where a third party undertakes such measures which may impair the products under retention of title by faro IMPORT EXPORT GmbH & Co. KG, the customer shall be obligated to inform the third party of the ownership of faro Import Export GmbH & Co. KG and to immediately inform faro IMPORT EXPORT GmbH & Co. KG so that it can protect its retention of titles.

7. Prices

The prices specified for the goods are net prices, excluding sales tax and other possible price components. Prices also do not include packaging and shipment costs as well as any possible insurance costs and customs fees. These must be paid separately.

8. Foreign business transactions

The customer shall observe the national and international foreign commerce regulations which cover the products or will do so in case of resale of the customer.

Before reselling the products, the customer must confirm all resulting foreign commerce consequences for faro IMPORT EXPORT GmbH & Co. KG. Where foreign commerce consequences for faro IMPORT EXPORT GmbH & Co. KG cannot be excluded, the customer must immediately inform faro IMPORT EXPORT GmbH & Co. KG about the planned resale and the possible consequences.

9. Data protection

The data provided by the customer shall only be used by faro IMPORT EXPORT GmbH & Co. KG for processing the order and will be treated confidentially. Such data are only transferred to third parties (such as dispatch services) insofar as is required for processing the order. The transfer of the contract data is encrypted and secured. However, faro IMPORT EXPORT GmbH & Co. KG shall not assume any liability for the security of the data while transferred via the Internet (for example due to technical faults of the provider) or for possible criminal access to files of the web presence by criminals. Customer login data transferred to the customer upon his/her request, must be treated confidentially by the customer as faro IMPORT EXPORT GmbH & Co. KG shall not assume any responsibility for the use of such data. faro IMPORT EXPORT GmbH & Co. KG stores the transferred data of the customer only for the purposes of order and contract processing. The data are not transferred to third parties. The only exceptions are service partners of faro IMPORT EXPORT GmbH & Co. KG requiring the transfer of such data to process the order. In such cases, the scope of the transferred data shall be restricted to the required minimum. faro IMPORT EXPORT GmbH & Co. KG stores and processes customer data in compliance with the relevant provisions of the Federal Data Protection Acts (GDPR). The personal data of the customer shall only be collected for specified, clearly defined and legal purposes and not stored longer than necessary. The customer shall have the right to information as well as the right to rectification, blocking and erasure of the customer’s data.

More information on data protection is available here in our data protection statement

10. Copyright

All external logos, images and graphs are the property of the respective companies and are subject to the copyright of the respective licensor. All photos, logos, texts, reports, scripts and programming routines presented on the pages of faro IMPORT EXPORT GmbH & Co. KG and developed or edited by faro IMPORT EXPORT GmbH & Co. KG, may not be copied or used otherwise without consent. All rights remain reserved.

11. Links on our pages

According to the current legal situation, the operator of websites must account for the content of such links, where appropriate. This can only be prevented by expressly distancing oneself from this content. Therefore, faro IMPORT EXPORT GmbH & Co. KG hereby explicitly distances itself from all contents of all linked pages on its homepage. This declaration shall apply for all links on the websites.

12. Place of jurisdiction

Unless legally specified otherwise, place of jurisdiction is Cottbus.

13. Other

Some of our products may be missing relevant approvals (such as E1 numbers). They are not intended for consumers or are only to be used in compliance with the legal provisions.

Changes or supplements as well as the termination of the concluded agreement require the written form. The same shall apply for the termination of the written form clause itself.

faro IMPORT EXPORT GmbH & Co. KG
Gewerbeparkstr. 21
03099 Kolkwitz

April 2016

Place of jurisdiction is Cottbus.