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1. SCOPE OF APPLICATION AND VALIDITY
1.1 These General Terms and Conditions regulate the legal relationship between Couvaloup GmbH and such parties that are interested in Couvaloup GmbH literature, wish to order it, and are referred to hereinafter as "customer(s)".
1.2 By placing an order the customer acknowledges the full applicability of these General Terms and Conditions.
2. SUBJECT OF THE ORDER
Couvaloup GmbH shall make the literature composed by Couvaloup GmbH available digitally as an e-book in PDF format to the customer for downloading.
3. TRANSFER
3.1 The e-books will be made available by Couvaloup GmbH to the customer through a WEB server for transfer to the customer's computer. The transfer will be activated by the customer via the internet and the literature also transferred via the internet to the customer.
3.2 Couvaloup GmbH has taken extensive measures to make the transfer unproblematic (see point 3.3). Couvaloup GmbH cannot guarantee the transfer, however, because the latter is also dependent on the customer, the internet, and the services of third parties which are beyond the influence of Couvaloup GmbH.
3.3 Even so, the internet provider under contract with Couvaloup GmbH to handle the transfer, as a company with the best technology, not least due the fact that its operations are located in one of the Swisscom technical centres, is generally able to provide for the smooth and secure transfer using a WEB server reserved exclusively for Couvaloup GmbH’s use. In addition, a redundant server is connected. Furthermore, in the event of difficulties the customer has the opportunity to actively intervene and to restart the internet transfer twice.
4. PAYMENT TRANSACTIONS
4.1 The customer shall voluntarily pay Couvaloup GmbH a cost compensation in the amount of 15 Swiss Francs for each e-book to be transferred. This compensation has to be paid before the transfer, by means of credit card or using the Postcard from the Swiss Post.
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4.2 Should the transfer not be possible despite the extensive measures taken by Couvaloup GmbH, Couvaloup GmbH cannot assume any liability, and any claims for restitution of the cost compensation are excluded. If this should occur, however, and the customer sends a message to this effect via the “Mailbox” link on the German Couvaloup homepage which includes the international phone number, email address and the language in which the book is desired, Couvaloup GmbH will do its best to find another means of providing the book.
5. COPYRIGHT
5.1 All rights are reserved by Couvaloup GmbH, Switzerland. Any form of reproduction, saving or processing in electronic systems beyond the actual transfer process, reprinting in newspapers, magazines or journals, usage in public lectures, screen adaptations or adaptations for stage, broadcasting by radio, TV or video, even of individual parts of the text or pictures, require the express consent of Couvaloup GmbH.
5.2 The resale and the commercial distribution of the e-books and their printouts are prohibited.
5.3 Only one copy of the e-books may be printed.
6. DATA PROTECTION
The customer data will only be accessible to those persons who are indicated directly or indirectly in these General Terms and Conditions, as they will necessarily deal with the transfer, including the payment transactions. Couvaloup GmbH guarantees that it will treat the customer data coming to its knowledge in strict confidence and that it will not disclose it.
7. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions are governed by Swiss law. Exclusive jurisdiction shall be with the courts of law of the Canton of Aargau, Switzerland.
July 2006
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