Terms of Service – conditions

Terms & Conditions for CFC SERVICES & ADMINISTRATION LTD.

 

CFC SERVICES & ADMINISTRATION. includes the following domains:

https://www.thorsten-schuell.com
https://cfc-algorithm-trading.com
https://cfc-algorithm-trading.de
https://boersenmakler.be
https://stockbroking.eu/

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Services & Administration Ltd., hereinafter “CFC”; a company registered in England and Wales under number 13206207 whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address cfcgroup@thorsten-schuell.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Services;

5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website https://www.thorsten-schuell.com on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and 
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.thorsten-schuell.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or 
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy ( https://www.thorsten-schuell.com/privacy-policy) and cookies policy ( https://www.thorsten-schuell.com/privacy-policy).

71. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and   
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: <cfcgroup@thorsten-schuell.com>  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)

__________________________________________ 

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Tree & Forest Foundation, hereinafter “CFC”; a company registered in England and Wales under number 12403712 whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address info@a-heart-for-trees.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website https://a-heart-for-trees.com/  on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the properties of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

16. We retain and use all information strictly under the Privacy Policy.

17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

21. Any quotation is valid for a maximum period of 2 days from when it is provided, unless we expressly withdraw it at an earlier time.

22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

25. Prices and charges include VAT at the rate applicable at the time of the Order.

26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

27. We will deliver the Goods to the Delivery Location by the agreed time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract as being at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

29. If you treat the Contract as being at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

30. If you were entitled to treat the Contract as being at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this. Further details on this are covered within our cancellation policy.

31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

32. If we accept an Order for delivery outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.

33. You agree that we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, and serve notice of same, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

44. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) as soon as is practicable.

45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss

Timing of reimbursement

48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

55. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

57. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, set out in our cancellation policy.

Privacy

58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

59. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://a-heart-for-trees.com/privacy/).

60. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK implementation of the General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

61. We are a Data Controller of the Personal Data we Process in providing Goods to you.

62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

63. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com.

Excluding liability

64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

67. We try to avoid any dispute, so we deal with complaints in the following way: We will aim to respond with an appropriate solution within 5 working days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: < info@a-heart-for-trees.com >  
I/We[*] hereby give notice

that I/We [*] cancel my/our [*]
contract of sale of the following goods [*] / [for the supply of the following service [*],
__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received)

Name of consumer(s): 

__________________________________________

Address of consumer(s):
__________________________________________

__________________________________________

__________________________________________

__________________________________________
Signature of consumer(s) (only if this form is notified on paper)

__________________________________________
Date

  [*] Delete as appropriate.

Terms & Conditions for CFC THORSTEN SCHUELL CORP.

 

CFC THORSTEN SCHUELL CORP. includes the following domains:

CFC Thorsten Schuell Corp. offers a personalized subscription service that enables its members to carry out technical & news-based video analyzes on various stock market topics (“CFC Thorsten Schuell Corp. content”) over the Internet via internet-enabled televisions, computers and other devices (“CFC Thorsten Schuell Corp. -compatible devices “).
These terms of use regulate your use of our service. The terms “CFC Thorsten Schuell Corp. service”, “our service” or “the service” used in these Terms of Use refer to the information provided by CFC Thorsten Schuell Corp. offered personalized services for discovering and viewing CFC Thorsten Schuell Corp. content, including all features and functions, recommendations and reviews, the user interface, and all content and software associated with our service.

1. Membership
1.1. Your CFC Thorsten Schuell Corp. membership will continue to run automatically until you cancel. In order to be able to use the CFC Thorsten Schuell Corp. service, you need internet access and a CFC Thorsten Schuell Corp. compatible device and you need to specify one or more payment methods. “Payment method” means a current, valid and accepted payment method that you can update from time to time and that may include payment through your account with a third party. As long as you do not cancel your membership before your billing date, you agree that the membership fee for the following billing period will be debited from your payment method (see section “Cancellation” below).

1.2. We may offer a variety of membership subscriptions, including special promotional subscriptions or memberships offered by third parties in connection with offering their own products and services. Some membership plans may have different terms and restrictions, which will be disclosed during registration or in other notifications to you. You can view the details of your CFC Thorsten Schuell Corp. membership by visiting our website and clicking the “Online Login” link at the top of the page.

2. Trial periods

2.1. Your CFC Thorsten Schuell Corp. membership may begin with a € 1 trial period, the duration of which is specified during registration. This trial period is intended to allow new and certain former members to first try out the CFC Thorsten Schuell Corp. service. 2.2. CFC Thorsten Schuell Corp. will evaluate your eligibility for a € 1 trial period at its own discretion and may limit the availability or duration of the € 1 trial period to prevent misuse. If we find that you are not authorized for the € 1 trial period, we reserve the right to revoke this and to close your account. Members from households with an existing or recently terminated CFC Thorsten Schuell Corp. membership are not eligible. To check your authorization status, CFC Thorsten Schuell Corp. Authorized to access information such as the device ID, the payment method or the e-mail address that has already been used for an existing or until recently existing CFC Thorsten Schuell Corp. membership. When combined with other offers, restrictions may apply.

2.3. Unless you cancel your membership before the end of the € 1 trial period, we will debit your payment method at the end of the free trial period with the membership fee for the next billing period. To view the membership fee and the end date of the free trial period, please visit our website and click the “Billing Details” link on the “Online Login” page.

3. Billing and Termination

3.1. The membership fee for the CFC Thorsten Schuell Corp. service will be debited from the payment method you specified. The payday always corresponds to the special invoice date that is specified on your “Account” page. The length of your billing cycle depends on which subscription type you choose when you register for the service. In some cases, your payment date may change. This is the case, for example, if the amount could not be debited from your payment method or if your paid membership started on a day that does not exist in the respective month. Visit our website and click the “Invoicing Details” link on the “Online Login” page to see your next payment date. 3.2. Payment Methods. In order to be able to use the CFC Thorsten Schuell Corp. service, you must specify one or more payment methods. You authorize us to charge any payment method associated with your account in the event that your primary payment method is declined or we are no longer available to pay your subscription fee. You remain responsible for any outstanding amounts. If a payment cannot be processed successfully because the respective payment method has expired, does not have sufficient credit or fails for any other reason and you do not cancel your account, your access to our service can be blocked until we have successfully found a valid payment method have burdened. For certain payment types, the issuer of the payment type can charge a certain fee, such as a foreign transaction fee or other fees for payment processing. Local taxes may vary depending on the payment method. For more information, please contact the service provider for your payment method.

3.3. Update your payment methods. You can update your payment methods by visiting the “Online Login” page. We can also update your payment methods with data that we receive from the payment service providers. Following each update, you authorize us to continue to charge the applicable payment method (s).

3.4. Termination. You can cancel your CFC Thorsten Schuell Corp. membership at any time and you can continue to use the CFC Thorsten Schuell Corp. service until the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for monthly periods not fully used or CFC Thorsten Schuell Corp. content not viewed. To cancel, please go to the “Online Login” page and follow the instructions to cancel. If you cancel your membership, your account will be automatically closed at the end of the current billing cycle. To see when your account will be closed, simply click on “Billing Details” on the “Online Login” page. If you registered for CFC Thorsten Schuell Corp. If you have used a third party payment method and would like to cancel your CFC Thorsten Schuell Corp. membership, you may have to do this through the respective third party provider. To do this, you may have to call up your account with the third party provider concerned and switch off automatic renewals there or log out of the CFC Thorsten Schuell Corp. service via this third party provider. You may also be able to view billing information in connection with your CFC Thorsten Schuell Corp. membership via your account with the respective third party provider.

3.5. Changes to the price and subscription offer. Our subscription offer and the prices for the CFC Thorsten Schuell Corp. service may change from time to time. However, any changes to prices and your subscription offer will not take effect within 30 days of being notified to you.

4. CFC Thorsten Schuell Corp. service

41. To become a member of the CFC Thorsten Schuell Corp. service, you must be 18 years of age or have reached the age of majority in your region or country. Minors may only use the CFC Thorsten Schuell Corp. service under the supervision of an adult. 4.2. The CFC Thorsten Schuell Corp. service and all content viewed through the service is for your personal and non-commercial use only and may not be shared with anyone who does not live in the same household. During your CFC Thorsten Schuell Corp. membership, we grant you a limited, non-exclusive and non-transferable right to access the CFC Thorsten Schuell Corp. service and view CFC Thorsten Schuell Corp. content. Apart from that, no right, title or interest is transferred to you. You agree not to use the service for public demonstrations.

4.3. You can view CFC Thorsten Schuell Corp. content primarily in the country in which you created your account and only in geographic regions in which we offer our service and have licensed the respective content. The content available for viewing may vary by region and will also change from time to time. The number of devices that you and other members of your household are on CFC Thorsten Schuell Corp. at the same time depends on the subscription selected and is specified on the “Online Login” page.

4.4. The CFC Thorsten Schuell Corp. service, including the content library, is updated regularly. We also continuously test various aspects of our service, including our website, our user interfaces, our advertising features and the availability of CFC Thorsten Schuell Corp. content.

4.5. You agree to the content and information posted on CFC Thorsten Schuell Corp. not to archive, reproduce, distribute, modify, display, demonstrate, publish, license, create derivative works therefrom, or which you have received from or through the CFC Thorsten Schuell Corp. service Offer or use for purchase (except as expressly authorized in these Terms of Use). You also agree not to circumvent, remove, change, deactivate, reduce or prevent any copy protection in the CFC Thorsten Schuell Corp. service; not to use robots, spiders, web scraping or other automated processes to access the CFC Thorsten Schuell Corp. service; not to decompile, reverse engineer or disassemble any software or other products or processes accessible via the CFC Thorsten Schuell Corp. service; insert any codes or other products or otherwise manipulate the CFC Thorsten Schuell Corp. service; as well as not to use data mining, data collection or other extraction methods. You also agree not to upload, post, send or transmit any content that interferes with, suspends or restricts the function of computer software / hardware or telecommunications devices in connection with CFC Thorsten Schuell Serving Corp. service. This also applies to any software viruses or other codes, files and programs. If you breach these Terms of Use or use the Service in an illegal or fraudulent manner, we may terminate or restrict your use of our Service. The display quality of the CFC Thorsten Schuell Corp. content can vary depending on the device and depends on various factors, such as where you are, the available bandwidth and / or the speed of your Internet connection. The availability of HD, Ultra HD and HDR image quality is dependent on your internet service and device. Not all content is available in all formats such as HD, Ultra HD, and HDR, and not all subscriptions allow you to receive content in all formats. The standard playback settings via cellular networks exclude content in HD, Ultra HD and HDR. The minimum speed for viewing films and series in standard definition is 0.5 Mbit / s. However, a faster connection is recommended for better picture quality. A download speed of at least 5.0 Mbit / s is recommended for receiving HD content (by definition a resolution of at least 720p). A download speed of at least 25.0 Mbit / s is recommended for receiving Ultra HD and HDR content (by definition a resolution of at least 1080p). You are responsible for all internet access fees. Please contact your Internet service provider for more information on any data usage charges. The time it takes to start playing CFC Thorsten Schuell Corp. content depends on various factors such as your location, the available bandwidth at the time of playback, the content selected and the configurations of your CFC Thorsten Schuell Corp.-compatible device.

4.7. The CFC Thorsten Schuell Corp. software is used by or for CFC Thorsten Schuell Corp. and is designed to play CFC Thorsten Schuell Corp. content on CFC Thorsten Schuell Corp. compatible devices. This software can vary depending on the device and data carrier and have different functions and features. You understand that use of the CFC Thorsten Schuell Corp. service may require third-party software for which third-party licenses are required. You agree to automatically receive updated versions of CFC Thorsten Schuell Corp. and related third party software.

5. Passwords and account access.

The member who created the CFC Thorsten Schuell Corp. account and whose payment method is debited with the membership fees (the “account holder”) has access to and control over the CFC Thorsten Schuell Corp. account and the CFC Thorsten Schuell Corp. -compatible devices used to access the CFC Thorsten Schuell Corp. service and is therefore responsible for all activities associated with the CFC Thorsten Schuell Corp. account. In order to maintain control over the account and prevent unauthorized access (including the title history for the respective account), the account holder should always have control over the CFC Thorsten Schuell Corp.-compatible devices used to access the service Do not pass on the password or account details for the selected payment method to third parties. It is your responsibility to update and ensure that the information provided about your account is kept up to date. To you, CFC Thorsten Schuell Corp. or to protect our partners from identity theft or other fraudulent activities is what CFC Thorsten Schuell Corp. authorized to terminate your membership or temporarily suspend your account.

6. Others

6.1. Governing Law. These Terms of Use are governed by U.S. law. These terms and conditions do not limit any consumer protection rights to which you are entitled under the mandatory laws in your country of residence.

6.2. Unwanted materials. CFC Thorsten Schuell Corp. does not accept any unsolicited materials or ideas for CFC Thorsten Schuell Corp. content and accepts no responsibility for any similarities that may exist between content or programs in media and to CFC Thorsten Schuell Corp. conveyed materials or ideas exist.

6.3. Customer service. For more information about our service and its features, or if you need assistance with your account, please visit the CFC Thorsten Schuell Corp. Help Center on our website.

6.4. Duration. Should individual provisions of these Terms of Use prove to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain unaffected.

6.5. Changes to the Terms of Use. CFC Thorsten Schuell Corp. may change these Terms of Use from time to time. We will notify you at least 30 days in advance before such changes take effect for you. Electronic communications. Account-related information (e.g. payment authorizations, invoices, changes to the password or the method of payment, confirmation and other messages) are only sent to you in electronic form, for example as e-mails to the e-mail address you used when you registered have specified.

MEMBERSHIP AGREEMENT – STREAMER

This is an agreement between CFC THORSTEN SCHUELL CORPORATION  (“CFC”) and You. What we will refer to after this as the “Agreement” includes this document headed “CFC Member Agreement” and also any policies, guidelines and amendments that may be incorporated into this CFC Member Agreement or presented to You from time to time. This Agreement describes the terms and conditions on which CFC offers You participation in CFC’s video uploading and membership services (the “CFC Membership Program” as further described below). “You” (and “Your”, as applicable) means the person or entity identified in the registration form submitted.

PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement sets forth the legally binding terms and conditions for Your participation in the CFC Membership Program. By registering, clicking “I Agree” or otherwise participating in the CFC Membership Program, You represent to CFC that You are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements, and that You agree to be bound by the following terms and conditions. If You register on behalf of a business, You represent to CFC that You have the authority to bind that business and Your acceptance of this Agreement will be treated as acceptance by that business. In that event, “You” and “Your” will refer to that business in this Agreement. If You do not accept this Agreement in full, please do not register for or participate in the CFC Membership Program.

With this in mind, You agree to and acknowledge the following:

1. CFC

CFC develops and maintains a network of including, but not limited to, video content creators, photos, articles and commentaries in regard to forestry, ecology, environmentalism and related fields.

2. The CFC Membership Program

The CFC Membership Program permits You to participate in, use and/or obtain access to CFC Products/Services with a PAYED STREAMER Account.

The PAYED STREAMER Account allows You to do the following: Participate as a content creator, by creating and submitting video and other content on CFC. After this, we refer to anyone who participates in this way as a “Content Provider”; Participation as a member of CFC, by submitting reviews, communicating with other CFC Membership Program members and sharing or submitting other information (we refer to anyone who participates in this way as a “Community Member”); Access to certain CFC applications, software and related services; and; Access to trial features, products and services (“Trial Features”).

Anyone who provides content to CFC is a “Content Provider” and Your use of or access to certain features of the CFC Membership Program may require You to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and any additional terms and conditions of use posted for a specific feature, those additional terms and conditions shall have precedence with respect to Your use of or access to that feature.

3. Registration

To Participate, You must register online with the CFC Thorsten Schuell Corp. and the particular Websites and create a unique, password-protected account (“Account”). You will be responsible for safeguarding Your password. You also take full responsibility for any actions under Your password and Account, whether authorized by You or not. You are responsible for keeping Your Account information current. You acknowledge and agree that CFC will have no responsibility or liability, directly or indirectly, for failure to deliver notices that result from inaccurate Account information.

4. Policies

Participation is governed by the CFC Privacy Policy accessible via the ‘privacy’ link, the contents of which are incorporated into this Agreement by reference. Furthermore, by Participating, You agree to comply with the Policies to enable, as applicable, proper delivery, display, tracking and reporting of actions related to the CFC Membership Program.

5. Modifications

CFC, at any time and from time to time, may modify this Agreement and the Policies, or may modify, suspend or discontinue, temporarily or permanently, the CFC Membership Program (or any parts thereof). Modifications to this Agreement and Policies will be posted on the CFC Site or made in compliance with any notice requirements set forth in this Agreement. Modifications to the CFC Membership Program will be effective upon posting to the CFC Site. You agree that CFC shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Agreement, the Policies, or the CFC Membership Program. By continuing to Participate after CFC has posted any such modifications or provided any required notices, You agree to be bound by the modifications. Please review this Agreement and the Policies regularly so that You will be apprised of any modifications. If any modification is not acceptable to You, Your only recourse is to cease Participation.

6. Participation

To remain eligible for Participation, You must at all times comply with the terms and conditions of this Agreement and all Policies. CFC reserves the right to refuse Participation to any applicant or participant at any time in its sole discretion.

If You register to Participate, You may communicate with CFC and other Account holders, post or publish comments or rating features regarding video and photography content, CFC products or the CFC Membership Program in, as may be made available at CFC’s complete discretion, a discussion group, webcam chat area, bulletin board, feedback area, news group, email functionality or other communication feature “Member Comments”. You are solely responsible for all Member Comments You transmit or submit to CFC or through the CFC Membership Program, whether created by or for You, including but not limited to websites and content proximately reachable from such Member Comments. CFC disclaims all liability relating to Your Member Comments. As more fully set forth in Section 15 (“Representations and Warranties”), You may not submit any Member Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content.

You are solely responsible for all video content You transmit or submit to CFC, whether created by or for You, including but not limited to graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material (collectively, “Video Content”). CFC disclaims all liability relating to Your Video Content. As more fully set forth in Section 15 (“Representations and Warranties”), You may not submit Video Content that contains any pornographic, infringing, hate-related, violent or illegal content.

You agree and accept that CFC may, in its sole discretion, and without liability:

– reject, suspend access to or remove any of Your Video Content from its websites at any time that CFC deems it, in its sole discretion, unsuitable for CFC;

– modify any metadata You submit with Your Video Content, including without limitation meta tags, age rating, descriptive language, search terms, category and keyword modifiers.

In connection with CFC’s marketing, distribution and provision of the CFC Membership Program as contemplated herein, You permit CFC, as further described in Section 10, to:

– host, index and cache Your Video Content;

– tag Your Video Content with information that will be used by CFC to identity it as Your Video Content; and

– engage in such further actions regarding Your Video Content as may be necessary or appropriate in order to effect the purposes of the CFC Membership Program.

During the term of this Agreement You may request that CFC remove any or all of Your Video Content from CFC. However, You acknowledge and agree that CFC shall have no obligation to attempt to remove from distribution any of Your Video Content that is otherwise publicly available through the Internet or other publicly accessible medium.

In the event that CFC fails to promptly remove such requested Video Content from CFC after Your request for removal, CFC shall not be liable to You for damages or charges of any kind in an amount greater than ten pounds (£10). For the avoidance of doubt, the Creative Commons BY-NC-ND License (defined below) that You have granted in Section 9(g) (“Content Providers: Your Irrevocable Non-Commercial Distribution License”) herein shall remain in effect for this purpose only.

You agree and accept that CFC, upon request of the applicable Content Providers or in its sole discretion, may add or remove from CFC any or all Video Content at any time.

You agree that You will not:

– use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” to generate artificial views of Video Content, or to otherwise access the CFC Site in a manner that sends more request messages to the CFC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

– modify any specifications, technology or application codes, unless expressly authorized in writing by CFC.

Some Trial Features may be made available on an as-is basis only, which will be marked as such. Your use of the Trial Features is at Your own risk. All information relating to the Trial Features will be treated as “confidential” in accordance with Section 14 (“Confidential Information”).

7. Participation at Your Own Risk

Your Participation is at Your own risk. Although the CFC Membership Program enables users to connect and share Video Content and Member Comments with one another and with end users or viewers, CFC has no responsibility to control or monitor any information or exchanges between or among users. CFC does not control the Video Content or Member Comments made available through the CFC. Some people may find Video Content and Member Comments objectionable, inappropriate or offensive. CFC does not control or guarantee, nor is CFC responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any Video Content and Member Comments. CFC assumes no responsibility for monitoring any Video Content and Member Comments or conduct during Participation. If CFC chooses, at any time in its sole discretion, to monitor (in whole or in part) Video Content and Member Comments or conduct during Participation, CFC nonetheless assumes no responsibility for Video Content and Member Comments, no obligation to modify or remove any Video Content and Member Comments and no responsibility for conduct during Participation. You agree that CFC has no responsibility or liability for the deletion or failure to store, maintain or transmit any Video Content and Member Comments.

8. Privacy

Participation is governed by the CFC Privacy Policy located at https://tv4uk.com/privacy, which is incorporated into this Agreement by reference. Furthermore, by Participating, You understand that when You view or interact with CFC and the features of the CFC Membership Program, CFC may collect (and You may provide to CFC) information that is specific to how You access and use the Internet as well as how You view and/or interact with CFC (“Access Information”). Access Information may include, but is not limited to, an IP address, the website a user is logged onto, the geographic location of the IP address the user is using to access the Internet, the type of browser used, which and how many web pages have been viewed by the user, search terms used, referring/exit pages, platform type and date/time information. This information is anonymous and does not personally identify a user. Access Information may be shared with CFC’s third party service providers, affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

9. Proprietary Rights & Licenses

(a) CFC’s Ownership Rights. CFC and its licensors own all rights, title and interest, including without limitation all worldwide intellectual property rights in CFC and the CFC Membership Program, and all such rights to all derivative works or enhancements of, in and to, or relating to, CFC and the CFC Membership Program. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in CFC, the CFC Membership Program or related products and services. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CFC, the CFC Membership Program or related products and services; or (ii) use CFC’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without CFC’s prior written consent.

(b) Your Ownership Rights. Subject to the licenses You are granting in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Video Content that is submitted, posted or displayed by You on or through CFC and the CFC Membership Program. CFC shall not acquire any right, title or interest in or to such Video Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. As more fully described in Section 12 (“Term and Termination”), You have the right to terminate this Agreement and revoke certain licenses You are granting in this Agreement, with respect to all Video Content You provide or with respect to particular works You provide. If You choose to revoke any of Your revocable licenses, CFC will use commercially reasonable efforts to remove Your Video Content from the CFC Site reasonably promptly upon receipt of Your notice of revocation. You acknowledge that You are aware that CFC has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that CFC assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, CFC is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Video Content upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. CFC may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that CFC has an obligation to do so in any other instance and this does not mean that CFC has an obligation to effectively protect or enforce Your intellectual property rights.

(c) CFC’s Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the CFC Network (the “CFC Marks”) solely for purposes of identifying CFC and solely in connection with Your permitted activities under this Agreement. You agree that the CFC Marks and all associated goodwill are and will remain the sole property of CFC, that any goodwill generated as a result of Your licensed use of CFC Marks belongs exclusively to CFC and inures solely to the benefit of CFC, and that Your use of CFC Marks is subject to CFC’s control of the quality of any products or services with respect to which You may be authorized to use CFC Marks.

(d) Your Member Comments License to CFC. By uploading, submitting, emailing, posting, publishing or otherwise transmitting any Member Comments, You hereby grant (or warrant that the owner of such rights has expressly granted) CFC a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such Member Comments in any form, medium or technology now known or later developed. You warrant that any Member Comments You submit do not infringe upon any rights, including intellectual property rights, of any other parties. In addition, You warrant that all so-called moral rights in the Member Comments have been waived.

(e) Your Revocable Limited License to CFC. In order to allow CFC to post Your Video Content on CFC, You hereby grant (or warrant that the owner of such rights has expressly granted) to CFC a worldwide, revocable, non-exclusive, sublicensable and transferable, limited right and license to use, reproduce, modify and adapt, excerpt, publish, transmit, publicly perform, display, reference, store, host, index and cache, in any form, medium or technology now known or later developed, any Video Content, Member Comments, or materials You submit to CFC, in whole or in part, whether created by or for You, by any method, in any and all media and through any media distribution channels, whether currently existing or hereafter developed. You understand that Your revocable limited license to CFC includes Your grant to CFC of the right to create, display and distribute (as set forth more fully in the previous sentence) a derivative work based on Your Video Content, which derivative work is comprised either solely of Your Video Content as adapted to include CFC’s computer software, to identity Your submission as Your Video Content, and to effect related functions or to include Your Video Content as part of a compilation project for broadcast on CFC or through an affiliate. (After this we refer to the aforementioned derivative work as “Your CFC Modified Video Content”). CFC’s rights, with respect to Your CFC Modified Video Content, are limited to its rights set forth in this Agreement, and CFC expressly waives and disclaims, with respect to You, any other rights it might otherwise hold to Your CFC Modified Video Content under copyright law. As more fully described in Section 12 (“Term and Termination”), this license will terminate: (i) with respect to any Video Content that You have requested be removed in accordance with Section 6 (“Participation”); and (ii) upon termination of the Agreement in accordance with Section 12 (“Term and Termination”).

(f) Your Revocable Commercial Distribution License to CFC. In order to allow CFC to distribute Your CFC Modified Video Content on CFC or its affliates, You hereby grant (or warrant that the owner of such rights has expressly granted) to CFC a limited, revocable right to use, reproduce, publicly perform, distribute, adapt, and display Your CFC Modified Video Content for purposes contemplated by this Agreement and to engage in such further actions relating to and in connection with Your Video Content as may be necessary or appropriate in order to effect the purposes of CFC.

(g) Your Irrevocable Non-Commercial Distribution License. You hereby grant (or warrant that the owner of such rights has expressly granted) to any persons or entities who want to use Your CFC Modified Video Content in a manner not intended for commercial advantage or private monetary compensation, a right to use, reproduce, publicly perform, distribute and display Your CFC Modified Video Content for non-commercial purposes pursuant to the terms and conditions of the Creative Commons “Attribution-NonCommercial-NoDerivs 2.5” license located at http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode (the “Creative Commons BY-NC-ND License”). Insofar as CFC holds any rights to Your CFC Modified Video Content pursuant to Section 9(e) of this Agreement, CFC also grants the rights stated in this paragraph to such persons or entities pursuant to the Creative Commons BY-NC-ND License.

(h) Your Information. You authorize CFC to use, as applicable to Your Participation, Your Video Content, name, likeness, trademarks, service marks, trade names, proprietary logos, domain names, usage statistics and any other source or business identifiers (collectively, “Your Information”) in presentations, as a feature on CFC, advertising and marketing materials, press releases, customer lists and financial reports, in connection with CFC’s marketing, publicity, distribution and provision of the CFC Membership Program. You also grant CFC a non-exclusive license to index and cache Your Information and any portion thereof, by manual or automated means (including with web spiders and crawlers), for purposes of promoting, providing and improving CFC and the CFC Membership Program and for soliciting other distributors, publishers, creators and advertisers to use CFC and Participate. You acknowledge and agree: (i) that You understand that You may provide, and CFC may collect, Your Information during Your Participation; and (ii) that Your Information may be shared with CFC’s affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

(i) No Endorsement; No Publicity. CFC does not endorse, verify, evaluate or guarantee any information or Video Content or Member Comments provided by users, including You, and nothing shall be considered as an endorsement, verification or guarantee of any information or Video Content or photographs or Member Comments. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, (i) containing or suggesting an endorsement by CFC of You or Your Video Content or Member Comments; or (ii) relating to this Agreement, without the prior review and written approval of CFC. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Video Content or Member Comments (for example, describing and promoting Your Video Content on Your blog or in emails).

(j) Reserved Rights. You will not attempt to modify, prepare derivative works from, translate, adapt, edit, decompile, disassemble or reverse engineer any specifications, technology, applications or software programs provided or made accessible to You or used by CFC in connection with the CFC Membership Program in any way, unless expressly authorized in writing by CFC. CFC may modify the format and look and feel of CFC Membership Program from time to time. Excluding Your Video Content, You agree to assign and hereby do assign to CFC and its licensors (as applicable) all right, title and interest in and to any part of the CFC Membership Program that You may have or acquire during Your Participation. You warrant that all so-called moral rights You may have in CFC or CFC Membership Program are hereby waived. You will not delete, remove, obscure or in any manner alter the copyright, trademark, license or other proprietary rights notices affixed to or contained in CFC or CFC Membership Program. Any rights not expressly granted herein are deemed withheld.

10. Adult Content

You will not use CFC or CFC Membership Program for any purpose or in any manner to display, post or make available any explicit, graphic sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through CFC or CFC Membership Program any Video Content or Member Comments, that is of an explicit, graphic sexual, pornographic or erotic nature (“Adult Content”). Examples of content that CFC, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If CFC finds Video Content that it determines, in its sole discretion, contains Adult Content, CFC may, without notice, remove or block access to such Video Content. CFC reserves the right to suspend or cancel at any time and without notice Your Account, that CFC, in its sole discretion, determines to be in violation of this Section. CFC will take all appropriate steps with Video Content that CFC believes violates applicable laws, including cooperation with any law enforcement investigation. If You see content that You believe is Adult Content or is in violation of law or this Section, You should contact CFC immediately.

11. Copyright Infringement

You will not use CFC or CFC Membership Program for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through CFC or CFC Membership Program any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (an internationally acknowledged standard, but the text of which may be found on the U.S. Copyright Office website at “http://lcweb.loc.gov/copyright/“), it is CFC’s policy to respond to notices of any actual or alleged infringement that are reported to CFC’s “Designated Copyright Agent” and that comply with the requirements set out in the DMCA. It is CFC’s policy to terminate the Accounts of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If You believe that a work has been copied in a way that constitutes copyright infringement, You should send a notice of infringement to CFC’s Designated Copyright Agent (legal@cfc-law.com/).

12. Term and Termination

(a) Termination. CFC may immediately terminate this Agreement, or cancel the CFC Membership Program, for any reason at any time. You may terminate this Agreement at any time by disabling Your Account or providing notice to CFC as set forth in Section 13 (“Notifications”).

(b) Effect of Termination.

General. Upon termination or expiration of this Agreement, Your right to Participate will automatically terminate. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account although residual copies of information may remain in the CFC Membership Program system. Upon termination: (i) all licenses granted to You hereunder will immediately terminate; and (ii) You will promptly destroy all copies of related CFC products in Your possession or control. Upon termination, CFC may continue to use any user analytics collected hereunder for solely internal (including archival) purposes, and all related licenses You have granted CFC shall remain in effect for this purpose only. In the event that this Agreement or the CFC Membership Program expires or is terminated, CFC shall not be obligated to return any materials to You.

Content Providers. Although CFC will use commercially reasonable efforts to ensure Your Video Content is removed from the CFC Site reasonably promptly following termination, CFC shall have no obligation to remove any of Your Video Content that is otherwise publicly available through the Internet or other publicly accessible medium. In the event that CFC does not promptly remove Your Video Content from CFC through inadvertence or other error, CFC shall not be liable to You for damages or charges of any kind.

(c) Survival. The rights and obligations contained in Section 9(a) (“CFC’s Ownership Rights”) and 9(b) (“Your Ownership Rights”), Section 9(f) (“Content Providers: Your Irrevocable Non-Commercial Distribution License”), Section 12(b) (“Effect of Termination”), Section 12(c) (“Survival”), Section 14 (“Confidential Information”), Section 17 (“Indemnity”), Section 18 (“Warranty Disclaimers”), Section 19 (“Limitation of Liability”) and Section 20 (“General”) of this Agreement will survive termination or expiration of this Agreement for any reason.

  1. 13. Notifications

CFC may provide notices to You by email to the email address specified in Your Account, by posting a message to Your Account interface or by posting a message to CFC, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages to Your Account interface or on CFC). Any notices to CFC must be sent either: (i) via first class or air mail or overnight courier to CFC, Membership Program, Kemp House, City Road, 160 EC1V2NX London United Kingdom and are deemed served upon receipt.

14. Confidential Information

During the term of this Agreement, You may receive confidential information from CFC related to Your Participation. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of CFC. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of CFC: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to CFC to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of CFC confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the CFC Products and the CFC Membership Program; and (iii) any other information designated in writing by CFC as “Confidential” or an equivalent designation. Confidential information does not include information that: (w) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (x) is rightfully known by You at the time of disclosure without a confidentiality obligation; (y) is independently developed by You without use of CFC’s confidential information; or (z) You rightfully obtain from a third party without disclosure restrictions.

15. Representation & Warranties

(a) Your Authority. You represent and warrant to CFC that: (i) You have all requisite power and authority, corporate or otherwise, to enter into this Agreement, to conduct Yourself and Your business and to execute, deliver, and perform all of Your obligations under this Agreement; (ii) You have provided, and will continue to provide, information that is correct and current; (iii) You are the owner or the authorized agent of the owner of Your Video Content and Your Member Comments (if You are a Community Member) and have full technical and editorial control of the same; (iv) You have the right to grant the licenses granted under this Agreement; (v) Your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which You are currently bound or will become bound in the future; (vi) Your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; and (vii) You will Participate solely for the purposes intended and expressly permitted.

(b) Your Materials. You represent and warrant that Your Video Content, Member Comments or any other information or material You submit or make available to others during Your Participation, and CFC’s use thereof pursuant to this Agreement, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Adult Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of CFC Products or Participation in the CFC Membership Program; (v) do not promote illegal or harmful activities or substances (including without limitation activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Video Content is created, displayed or accessed; (vii) do not contain any computer programming routines or viruses (including without limitation time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to or Participation in the CFC Membership Program or disable, damage or erase any portion of the Video Content or Membership Comments processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.

(c) Your Actions. You represent and warrant that You will not, and will not authorize or encourage any third party to, directly or indirectly: (i) obtain any information or materials relating to CFC or the CFC Membership Program through any means not intentionally made available by CFC to You, or attempt to gain unauthorized access to CFC’s database, technology, computer systems or networks associated with CFC Products or the CFC Membership Program; or (ii) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of CFC and the CFC Membership Program.

(d) Cooperation. You agree to cooperate fully with CFC to investigate any suspected or actual activity that is in breach of this Agreement. You acknowledge that any violation of this Section 15 (“Representations and Warranties”) is a material breach of this Agreement and that CFC may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your Account or termination of this Agreement, and the pursuit of all available civil or criminal remedies. CFC reserves the right to investigate, at its own discretion, any activity that CFC suspects may violate this Agreement. CFC may, as applicable, notify the authorities, suspend or cancel Your Account and/or take appropriate actions at any time without notice to You if CFC, in its sole discretion, (i) suspects that You have breached or failed to comply (in full or in part) with any provision of this Agreement or any Policies or rules established by CFC; or (ii) suspects that Your actions may be illegal or cause liability.

16. Links

CFC and the CFC Membership Program may provide, or third parties may provide, links to other websites or resources. Because CFC has no control over such sites and resources, You acknowledge and agree that CFC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that CFC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

17. Indemnity

You will indemnify, defend and hold CFC and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and applicable third parties (e.g., relevant content creators, advertisers, syndication partners, referral partners, service providers, licensors, licensees, consultants and contractors) (collectively, the “CFC Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses (including reasonable attorneys’ fees and costs) directly or indirectly arising out of or in any way relating to: (i) Your gross negligence or willful misconduct; (ii) Your Video Content, Your Member Comments or any other information or material You submit during Participation; (iii) Your conduct, including Your use of CFC or any other actions related to Your Participation; (iv) any actual violation or breach of this Agreement, or allegation of such violation or breach by a third party, including breach of any representation made by You hereunder; or (v) the alleged or actual violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of any action or Participation by You (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the CFC Entities. CFC shall have the right to withhold any payments due to You, if any, to offset liabilities and expenses covered hereunder. CFC shall have the right, in its sole discretion, to select its own legal counsel to defend CFC from any Claims (but by doing so shall not excuse Your indemnity obligations) and You shall be solely responsible for the payment of all CFC’s reasonable attorneys’ fees incurred in connection therewith. You shall notify CFC immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or CFC’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of CFC, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for CFC.

18. Warranty Disclaimer

Your use of the CFC Products and Participation in the CFC Membership Program are at Your sole discretion and risk. CFC and the CFC Membership Program, and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

THE CFC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE CFC PRODUCTS AND THE CFC MEMBERSHIP PROGRAM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

The CFC Entities disclaim any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of CFC or the CFC Membership Program; (ii) regarding the goods, services, advise, information or links provided by any third party services providers, sponsors, syndicators or Community Members; (iii) that CFC or the CFC Membership Program will meet Your requirements; or (iv) that CFC or the CFC Membership Program will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by You from CFC or from Your Participation, shall create any warranty not expressly stated in this Agreement.

CFC assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on CFC or the CFC Membership Program or combination thereof, including any injury or damage to You or to any person’s computer related to or resulting from Participation.

Under no circumstances shall CFC be responsible for any loss or damage, including personal injury or death, resulting from Participation, from any Video Content or Member Comments posted on or through CFC or the CFC Membership Program, or from the conduct of any users of CFC Products or Participation in the CFC Membership Program, whether online or offline.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.

19. Limitation of Liability

THE CFC ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CFC PRODUCTS, YOUR PARTICIPATION IN THE CFC MEMBERSHIP PROGRAM OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE CFC MEMBERSHIP PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFC’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CFC FOR THE CFC PRODUCTS OR PARTICIPATION IN THE CFC MEMBERSHIP PROGRAM.

You acknowledge that CFC permits Your Participation relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain and of the allocation of risks between the parties. CFC shall have no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to CFC’s infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, CFC will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.

20. General

(a) Governing Law; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Except as expressly set forth in subsection (b) below (“Injunctive Relief”), any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to the court system of England and Wales. The arbitrator shall apply the law of England and Wales to the merits of any dispute or claim. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in London, England and judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any action is brought by either party in connection with this Agreement, the substantially prevailing party will be entitled to recover from the other party all the costs, legal fees and other expenses reasonably incurred by such party. All offers, promises, conduct and statements, whether oral or written, made in the course of the arbitration by any of the parties, their agents, employees, experts and legal counsels, and by the arbitrator and any of their employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the arbitration.

(b) Injunctive Relief. Notwithstanding the “Governing Law; Arbitration” section above, You agree that certain breaches by You would cause irreparable injury to CFC, for which there are no adequate remedies at law, and nothing in this Section shall be deemed to prevent or delay CFC’s attempt to seek a temporary restraining order, preliminary injunction, specific performance or other interim or conservatory relief from any court having jurisdiction, without any abridgment of the power of the arbitrator, for Your breach of: (i) Section 9(a) (“CFC’s Ownership Rights”); (ii) Section 11 (“Copyright Infringement”); and (iii) Section 14 (“Confidential Information”).

(c) Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of CFC. Any attempted assignment in violation of this Section will be null and void and of no force or effect. CFC may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

(d) Waiver; Severability. The failure to require performance of any provision shall not affect CFC’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

(e) Export Restrictions/Legal Compliance. You agree to comply with all United Kingdom and other applicable export laws and related restrictions and regulations, and not to directly or indirectly export, provide or otherwise make available the services and products of CFC in violation of any such export laws, unless any required prior authorizations or necessary approvals are obtained by You, at Your expense, from the applicable United Kingdom or foreign authority.

(f) Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between You and CFC regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between You and CFC relating to this subject matter. You may be subject to additional terms and conditions that may apply when You use or access certain features of the CFC Membership Program.

(g) Relationship. You and CFC are independent contractors, and this Agreement, including but not limited to submission of any Video Content or Member Comments, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the You and CFC. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.

(h) Reserved Rights. CFC reserves the right to change, in whole or in part, the names, logos, presentation and display of the CFC Member Agreement and the CFC Membership Program at any time at its sole discretion.

Terms & Conditions for CFC FINE ART TRADING LTD.

 

CFC FINE ART TRADING LTD. includes the following domains:

https://fine-art-trading.com

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Fine Art Trading Ltd., hereinafter “CFC”; a company registered in England and Wales under number 13206207 whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address cfc@fine-art-trading.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Website means our website  https://fine-art-trading.com  on which the Goods are advertised.

Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other forms of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the properties of the Goods supplied.

12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

13. All Goods which appear on the Website are subject to availability.

14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

15. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

16. We retain and use all information strictly under the Privacy Policy.

17. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

19. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

20. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

21. Any quotation is valid for a maximum period of 2 days from when it is provided, unless we expressly withdraw it at an earlier time.

22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Price and Payment

24. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

25. Prices and charges include VAT at the rate applicable at the time of the Order.

26. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

27. We will deliver the Goods to the Delivery Location by the agreed time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract as being at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

29. If you treat the Contract as being at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

30. If you were entitled to treat the Contract as being at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this. Further details on this are covered within our cancellation policy.

31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

32. If we accept an Order for delivery outside of England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.

33. You agree that we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

35. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

37. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, and serve notice of same, to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, returns and cancellation

38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

44. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) as soon as is practicable.

45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for Goods supplied

47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss

Timing of reimbursement

48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

50. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

55. It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

57. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, set out in our cancellation policy.

Privacy

58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

59. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://fine-art-trading.com/datenschutz).

60. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK implementation of the General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

61. We are a Data Controller of the Personal Data we Process in providing Goods to you.

62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

63. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com.

Excluding liability

64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

67. We try to avoid any dispute, so we deal with complaints in the following way: We will aim to respond with an appropriate solution within 5 working days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: < cfc@fine-art-trading.com >  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

__________________________________________
Signature of consumer(s) (only if this form is notified on paper)


__________________________________________

Date

  [*] Delete as appropriate.

Terms & Conditions for CFC DEPOSITS & SAVING LTD.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

 1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Deposits & Saving Ltd., hereinafter “CFC”; a company registered in England and Wales under number 12403712 whose registered office is at CFC Deposits & Saving., 251 Little Falls Drive, Wilmington, Delaware, USA, with email address cancellation@cfc-law.com;  (the Supplier or us or we).

 2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website  https://savings-deposit.com  on which the Goods are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b.in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b.after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a.
foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website test . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a.
14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. 
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. 
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a.
the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy – https://savings-deposit.com/datenschutz/ and cookies policy –  https://savings-deposit.com/datenschutz/.

71. For the purposes of these Terms and Conditions:
a. Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days..

Model cancellation Form

To  CFC,  251 Little Falls Drive, Wilmington, Delaware, USA, UK Email address: < cfc@deposits-saving.com>  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)


__________________________________________

Terms & Conditions for CFC KG

CFC KG includes the following domains:
https://anlageklassen.info

  1. Validity of the GTC

Just by connecting to the anlageklassen.info website or others from CFC group. websites and with the use of CFC KG. the respective user acknowledges the following General Terms and Conditions (GTC) as binding for him.

The user’s contractual partner is the

CFC KG
Schilsweg
4, 4700 Eupen,
Belgium

Website: https://anlageklassen.info/
e-mail: cfc”at”anlageklassen.info
Managing Director: Thorsten Schuell

The contractual partner is hereinafter referred to as CFC.

The General Terms and Conditions apply to all digital content provided free of charge and free of charge (e.g. website content, newsletters, blogs, tools, app, ePublications). They apply to the first-time and any future individual retrieval of ePublications, books and products, even if the user no longer expressly confirms the validity of these GTC during further visits/calls of content/products.

The terms and conditions of the app apply in addition to these GtC. Insofar as the GTC contradict each other, these GTC precede the Terms and Conditions of the App.

2. General

2.1 For all business relationships, the following General Terms and Conditions (GTC) in the current version apply exclusively. Users or customers (always referred to hereinafter as users) within the meaning of these GTC may be both consumers and entrepreneurs.

2.2 Entrepreneur is a natural or legal person or a partnership with legal rights which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership with the ability to acquire rights and to enter into liabilities.

2.3 Consumer is any natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activity.

2.4 Conflicting terms and conditions of the user are only effective if they have been expressly and in writing acknowledged by CFC.

2.5 Agreements deviating from these GTC and additional agreements must be written in form and signed by both parties.

2.6 With the consent of these General Terms and Conditions, the User confirms that he is at least 18 years old and fully capable of doing business.

3. liability

3.1 Our newsletters, ePublications, website content (e.B. blog), app and the corresponding web software (chart calculation) as well as books, are for informational purposes only and are not to be understood as instructions for action. Each user decides for himself whether he wants to use certain offers and acts.

3.2 The information provided by us is always researched to the best of our knowledge and belief. Unfortunately, the actions described in the context of newsletters, epublications, website content (e.B. blog), app and the corresponding web software (chart calculation) as well as books, can result in changes in the short term, over which CFC has no influence. Therefore, CFC is not liable for the feasibility and correctness of the facts described in newsletters, epublications, on the website (e.B. blog or the calculated results), in the app and the corresponding web software (chart calculation) as well as books.

3.3 Likewise, no liability is assumed for any damages resulting from improper application by the user of the information from newsletters, epublications, website content (e.B. blog), app and the corresponding web software (chart calculation) as well as books or any changes of action and conditions of action not known by CFC when these publications are created.

3.4 Within the scope of our memberships, we offer comprehensive consulting services regarding the handling of the app / software. This is also done to the best of our knowledge and belief. Liability for feasibility and correctness is excluded.

3.5 CFC is not liable for the contents of third parties, even if they are referred to by means of links or in newsletters, ePublications and/or books of CFC.

3.6 In particular, CFC cannot accept any liability for the freedom of viruses and other harmful programs such as spyware, Trojan horses and the like on third-party sites, even if they are referred to by means of links or in newsletters, ePublications, on the website (e.B. blog), in the app and the corresponding web software (chart calculation) as well as books.

3.7 Excluded from the limitation of liability are claims for damages of the user arising from the injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by CFC SERVICES & ADMINISTRATION LTD, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

3.8 In the event of a breach of essential contractual obligations, CFC shall only be liable for the foreseeable damage typical of the contract if it has simply been caused by negligence, unless it is a claim for damages by the user arising from injury to life, body or health.

3.9 The above restrictions also apply to the legal representatives and vicarious agents of CFC CFC SERVICES & ADMINISTRATION LTD, if claims are asserted directly against them. The limitations of liability do not apply if CFC fraudulently concealed the defect or provided a guarantee for the quality of the item. The same shall apply insofar as the parties have concluded an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.

4. Registration on our website and password

4.1 In order to purchase products in our online shop, a registration of the user is required. Initially, there are no costs or contractual obligations or payment obligations. Costs arise only after confirmation of the order by pressing the “NOW PAYMENT ORDER” button.

4.2 By registering, the user agrees that the data entered will be checked for plausibility. The user is obligated to keep his data up-to-date at all time and, if necessary, to notify CFC of any changes relevant to the contractual relationship, online, by e-mail or in writing.

4.3 CFC is entitled to refuse or revoke a registration, even without giving reasons.

4.4 The user is obliged to protect his password and not to pass it on to third parties. If third parties find out the password, the user undertakes to change it immediately.

4.5 If the user has forgotten his password, he can request an automatically generated new password under the login at any time and then change it again in his premium login area.

5. Accessibility of our website

As part of the login section, we grant our users access to ebooks, various ePublications and tools depending on the products purchased. In addition, it is only possible to access website content limited to members in the blog with the login. As a rule, this is possible 24 hours a day. However, we cannot guarantee the accessibility of our service. CFC is also not liable for any disturbances on the Internet.

6. Offer, conclusion of contract

6.1 The products and services listed within CFC’s online shop do not constitute offers binding on the Seller; rather, it is an invitation to the user to submit a binding offer by placing an order.

6.2 By sending the order from the “virtual shopping cart” with the help of the button “ORDER NOW PAYMENT” the user makes a binding order about the articles contained in this article. CFC will immediately confirm receipt of this order by e-mail to the user.

6.3 The purchase contract is concluded with the explicit acceptance of the order in text form (order confirmation e-mail) or delivery of the goods or activation of the member profile or download links by CFC. In this respect, CFC is entitled to accept the customer’s contract offer within three working days of receipt of the order.

6.4 Payment is due within 10 working days after the conclusion of the contract. CFC issues an invoice to the user after full payment. The customer receives a receipt in advance about the value of the order (pro forma invoice).

7. Prices and shipping costs

7.1 The indicated price is a final price plus shipping costs. However, these are only available for physical products (e.B. print version of the CFC manual – currently not available) and are no longer applicable to all eProducts. The following graduation applies.

Shipping cost scale:

  • within Germany: 5 Euro
  • within the EU: 10 euros
  • to the rest of the world: 20 Euro

7.2 Annual prices are shown for the various product “memberships”. The minimum contract period is always 12 months. A monthly settlement is not possible.

7.3 The item price or shipping costs do not include import duties and fees. The buyer pays for these costs. Before purchasing a physical item (e.B. CFC manual as a print version – currently unavailable), please check with the customs authorities of your country what this additional cost may be. These fees are usually collected by the shipping company or freight company upon delivery or when you pick up the item. These charges are not additional shipping costs.

7.4 Items are not declared by us under value or as a gift. This is not permitted under U.S. and other law.

8. Forms of use and rights of use of the customer in eBooks

8.1 Under ebooks, all publications that CFC offers or makes available to its customers electronically within the scope of the shop or as part of a membership are included.

8.2 The Seller grants the Customer the non-exclusive, non-transferable right to use the eBook provided by the Seller in electronic form exclusively for his own use against payment of the agreed price. This includes in particular the use of the eBook for the purpose of own information. Content can also be used for family members living in the same household.

8.3 The purchased ebooks are provided exclusively in the personal premium section in the sub-heading Downloads and can be viewed and downloaded there as pdf.

8.4 The user is responsible for storing the purchased ebooks on his computer in good time for later use in the event that these are no longer available as a pdf document in the download area at a later date due to new publications.

8.5 Only the version of the respective purchased e-publication is available in the download area at the respective order time. Future updates must be purchased separately, unless the user is a Premium member at platinum or diamond level. In the latter case, the user always has access to the most up-to-date ePublications – provided that they are included in the respective membership.

8.6 Unless previously approved in writing by CFC, communication to the public or other re-publishing as well as commercial reproduction or resale or transfer of the ebooks or parts thereof are expressly excluded.

8.7 In any case of culpable infringement of these restrictions of use, a contractual penalty of EUR 5,000 shall be imposed on CFC, unless the user proves that CFC has suffered no or only a minor loss. This does not affect the assertion of further damage as well as claims for injunctive relief.

8.8 For orders of the ebooks in print format (currently not possible), the aforementioned rules on the rights and restrictions of use apply accordingly.

9. Forms of use and rights of use of the customer in the event of membership

9.1 CFC offers three different product memberships: Raw Materials, Crypto & Forex and the entire range. Each product membership offers a different scope of services, which is described in the following product overview.

9.2 CFC has the right not to offer any further product memberships at any time, should the maximum capacity be reached.

9.3 Term and Terms of Termination

Each product membership has a minimum term of one year (12 months) and is automatically renewed for a further year if it has not been terminated by the member in text form or electronically at least one month before the expiry date. Cancellation can be sent to CFC either by post, by email or via the contact form. The date of the postmark or the receipt of an e-mail or inquiry applies.

Cancellation by post must be sent to:

CFC KG
Schilsweg
4, 4700 Eupen,
Belgium

Termination by e-mail must be sent with the subject “Cancellation” to: kuendigung@ cfc@anlageklassen.info

A cancellation via the contact form (recommended option) must be sent with the subject “Cancellation” via the following link.

9.4 A product membership is always personal and the prices stated in the shop always refer to the use of the membership by a person. However, the user can also use deals for people living in the same household (e.B. life partner. Only status levels and included subscriptions are personal

9.5 It is inadmissible to give other people who do not live in their own household access to the benefits of a product membership if they have not paid the annual membership fee. In particular, posting CFC documents or parts thereof on the Internet (e.B. in forums) or on the intranet, whether in open or closed areas, is expressly prohibited. The same applies to the transfer of login data for the sharing of a product membership account. In any case of culpable infringement of this restriction of use, a contractual penalty of EUR 8,000 shall be imposed on CFC, unless the user proves that CFC has suffered no or only a minor loss. This does not affect the assertion of further damage as well as claims for injunctive relief.

9.6 The right to extraordinary termination for good cause remains unaffected. An important reason exists, in particular, if the relationship of trust of the contracting parties is permanently disturbed.

10. Forms of use and rights of use of the customer in the CFC App

10.1 The CFC app for iphone, ipad and Android can be downloaded and used for free from the Apple App Store or GooglePlay (the new app is expected to come for iphone in November 2021, for Android in early 2022). The following rules apply:

10.1.1 If an App User is not a Product Member, as in the Blog and the Website, he or she will only have access to content that is shared with all Users.

10.1.2 If an app user is a product member, there are additional access rights as well as the possibility to set filters in the app to a certain extent.

10.1.3 Upon the expiration of a product membership, access is again limited to the content of the blog and website that is shared with all users.

10.2 It is not permitted to give third parties access to the exclusive areas of the App tied to a product membership. A transfer of login data to third parties is thus expressly excluded and is also regularly checked with the help of so-called tokens.

10.3 The Terms and Conditions of the App are referred to in addition. These are available directly in the app.

11. Copyright and Copyrights

11.1 The newsletters, ePublications distributed by CFC. Website content (e..B. blog) and books as well as the images used on the website and in publications are protected by copyright. The user undertakes to acknowledge and comply with the copyrights.

11.2 No copyright, usage or other intellectual property rights in newsletters, epublications, website content (e.B. blog), books and images are transferred to the user. The user is only entitled to use the received newsletters, ePublications, website content (e.B. blog) and books for his own purposes. He is not entitled to make the newsletters, epublications, website content (e..B blog) or books or extracts thereof available to third parties on the Internet, intranets, extranets or other means.

11.3 A public reproduction or other re-publication, a commercial duplication and the resale of the newsletters, epublications, website content (e.g. .B blog), books, pictures (in whole or in part) or calculation results of the AI (in whole or in part) are expressly excluded.

11.4 The user may not remove copyright notices and other legal reservations in the received newsletters, epublications, website content (e.B. blog), books or on pictures.

11.5 In any case of culpable infringement of the aforementioned copyright provisions, a contractual penalty of EUR 8,000 shall be imposed on CFC, unless the user proves that CFC has suffered no or only minor damage. This does not affect the assertion of further damage as well as claims for injunctive relief.

12. Payment

12.1 Within the framework of the CFC shop we offer most common payment methods.

12.2 CFC does not store any payment information as part of the shop processing – the entry and storage takes place exclusively on the SSL secured pages of our payment partners.

12.3 For all our products we only accept prepayment, i.e. the ordered items are only dispatched or receipts and download rights are only activated when the receipt of money could be entered in an agreed amount.

12.4 In the case of transfers from abroad, any transfer fees are to be borne entirely by the buyer. CFC reserves the right to adjust the term of a purchased Premium membership in the amount of the transfer fees passed on to the Seller.

12.5 If the due date of the payment is determined according to the calendar, the user is already in default by missing the date. In this case, he will have to pay CFC for the year default interest i.H.v. 5 percentage points above the base rate. If the user is an entrepreneur, the default interest is 9 percentage points above the base interest rate.

12.6 The user’s obligation to pay interest on arrears does not preclude CFC from claiming further damages for delay. The user reserves the right to prove a lower damage to the CFC.

12.7 Insofar as the user is in arrears with a payment, CFC is entitled to withdraw from the contract.

13. Dispute resolution for consumers

17.1 The EU platform for out-of-court online dispute resolution is available at:

https://ec.europa.eu/consumers/odr/

13.2 CFC is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

14. Final provisions

14.1 Reservation of amendments

CFC reserves the right to amend or supplement these Terms and Conditions at any time without giving reasons. CFC informs the user in good time in case of changes. By continuing to use the website in your capacity as a product member or customer, you confirm that you agree to the changes made and that the applicable general terms and conditions are mandatory for you. CFC therefore recommends its product members and customers to read the Terms and Conditions regularly.

14.2 Conflicting Clauses

Where there is or appears to exist a contradiction between individual provisions of these General Terms and Conditions and special provisions for the use of individual sub-areas (e.B. Premium Login Area) or modules of the CFC Websites (e.B. Top Offers), the special provisions for the use of these sub-areas or modules shall take precedence over the conflicting provisions of the GTC with regard to the use of the corresponding subdivision or module.

14.3 Force Majeure

CFC cannot be held liable under any circumstances for delays or non-performance caused by force, force majeure or uncontrollable circumstances, either in the medium or direct part of the case. However, this does not include, but are not limited to: Internet failures, computer equipment, software, telecommunications equipment, power outages, strikes, labor disputes, riots, riots, social unrest, fires, floods, storms, explosions, forces of nature, political acts, war, instructions from national or international courts, non-performance of third parties.

14.4 Severability clause

Should individual provisions of these General Terms and Conditions be or become ineffective or unenforceable, this shall not affect the validity or enforceability of the remaining provisions. The contracting parties undertake to replace an ineffective/unenforceable provision with such an effective/enforceable provision, which in its regulatory content comes as close as possible to the economically intended purpose and purpose of the ineffective regulation. This applies accordingly to gaps in the contract.

14.5 Applicable law and place of jurisdiction

The law of Great Britain applies to contracts between the parties. The legal provisions restricting the choice of law and the applicability of mandatory provisions in any case. of the State in which the user is habitually resident as a consumer shall remain unaffected.

The place of jurisdiction for all disputes arising from contractual relationships between the user and CFC is the registered office of CFC SERVICES & ADMINISTRATION LTD (AI). If the user is a consumer, he assures the provider that he confirms the jurisdiction agreement in writing upon request.

Last updated:

MEMBERSHIP AGREEMENT

This is an agreement between CFC SERVICES & ADMINISTRATION LTD. (“CFC”) and You. What we will refer to after this as the “Agreement” includes this document headed “CFC Member Agreement” and also any policies, guidelines and amendments that may be incorporated into this CFC Member Agreement or presented to You from time to time. This Agreement describes the terms and conditions on which CFC offers You participation in CFC’s video uploading and membership services (the “CFC Membership Program” as further described below). “You” (and “Your”, as applicable) means the person or entity identified in the registration form submitted.

PLEASE READ THIS AGREEMENT CAREFULLY. This Agreement sets forth the legally binding terms and conditions for Your participation in the CFC Membership Program. By registering, clicking “I Agree” or otherwise participating in the CFC Membership Program, You represent to CFC that You are at least eighteen (18) years of age or otherwise capable of entering into and performing legal agreements, and that You agree to be bound by the terms and conditions. If You register on behalf of a business, You represent to CFC that You have the authority to bind that business and Your acceptance of this agreement will be treated as acceptance by that business. In that event, “You” and “Your” will refer to that business in this Agreement. If You do not accept this Agreement in full, please do not register for or participate in the CFC Membership Program.

With this in mind, You agree to and acknowledge the following:
1.CFC
CFC develops and maintains a network of including, but not limited to, video content creators, photos, articles and commentaries in regard to forestry, ecology, environmentalism and related fields.

2. The CFC Membership Program
The CFC Membership Program permits You to participate in, use and/or obtain access to CFC Products/Services with a PAYED STREAMER Account.

The PAYED STREAMER Account allows You to do the following: Participate as a content creator, by creating and submitting video and other content on CFC. After this, we refer to anyone who participates in this way as a “Content Provider”; Participation as a member of CFC, by submitting reviews, communicating with other CFC Membership Program members and sharing or submitting other information (we refer to anyone who participates in this way as a “Community Member”); Access to certain CFC applications, software and related services; and; Access to trial features, products and services (“Trial Features”).
Anyone who provides content to CFC is a “Content Provider” and Your use of or access to certain features of the CFC Membership Program may require You to agree with and accept additional terms and conditions. If there is a conflict between this agreement and any additional terms and conditions of use posted for a specific feature, those additional terms and conditions have precedence with respect to Your use of or access to that feature.

3. Registration
To Participate, You must register online with the CFC SERVICES & ADMINISTRATION LTD. and the particular Websites and create a unique, password-protected account (“Account”). You will be responsible for safeguarding your password. You also take full responsibility for any actions under your password and account, whether authorized by You or not. You are responsible for keeping your account information current. You acknowledge and agree that CFC will have no responsibility or liability, directly or indirectly, for failure to deliver notices that result from inaccurate account information.

4. Policies
Participation is governed by the CFC Privacy Policy accessible via the ‘privacy’ link, the contents of which are incorporated into this agreement by reference. Furthermore, by Participating, You agree to comply with the Policies to enable, as applicable, proper delivery, display, tracking and reporting of actions related to the CFC Membership Program.

5. Modifications
CFC, at any time and from time to time, may modify this Agreement and the Policies, or may modify, suspend or discontinue, temporarily or permanently, the CFC Membership Program (or any parts thereof). Modifications to this Agreement and Policies will be posted on the CFC Site or made in compliance with any notice requirements set forth in this Agreement. Modifications to the CFC Membership Program will be effective upon posting to the CFC Site. You agree that CFC shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Agreement, the Policies, or the CFC Membership Program. By continuing to Participate after CFC has posted any such modifications or provided any required notices, You agree to be bound by the modifications. Please review this agreement and the policies regularly so that You will be apprised of any modifications. If any modification is not acceptable to You, Your only recourse is to cease Participation.

6. Participation
To remain eligible for Participation, You must at all times comply with the terms and conditions of this Agreement and all Policies. CFC reserves the right to refuse participation to any applicant or participant at any time in its sole discretion.

If You register to Participate, You may communicate with CFC and other Account holders, post or publish comments or rating features regarding video and photography content, CFC products or the CFC Membership Program in, as may be made available at CFC’s complete discretion, a discussion group, webcam chat area, bulletin board, feedback area, news group, email functionality or other communication feature “Member Comments”. You are solely responsible for all Member Comments You transmit or submit to CFC or through the CFC Membership Program, whether created by or for You, including but not limited to websites and content proximately reachable from such Member Comments. CFC disclaims all liability relating to Your Member Comments. As more fully set forth in Section 15 (“Representations and Warranties”), You may not submit any Member Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content.

You are solely responsible for all video content You transmit or submit to CFC, whether created by or for You, including but not limited to graphics, music, sound, images, files, photos, animation, artwork, text, data, information, messages, hypertext links, scripts or other material (collectively, “Video Content”). CFC disclaims all liability relating to Your Video Content. As more fully set forth in Section 15 (“Representations and Warranties”), You may not submit video content that contains any pornographic, infringing, hate-related, violent or illegal content.

You agree and accept that CFC may, in its sole discretion, and without liability:

– reject, suspend access to or remove any of Your Video Content from its websites at any time that CFC deems it, in its sole discretion, unsuitable for CFC;

– modify any metadata You submit with Your Video Content, including without limitation meta tags, age rating, descriptive language, search terms, category and keyword modifiers.

In connection with CFC’s marketing, distribution and provision of the CFC Membership Program as contemplated in, You permit CFC, as further described in Section 10, to:

– host, index and cache Your Video Content;

– tag Your Video Content with information that will be used by CFC to identity it as Your Video Content; and

– engage in such further actions regarding Your Video Content as may be necessary or appropriate in order to effect the purposes of the CFC Membership Program.

During the term of this Agreement You may request that CFC remove any or all of Your Video Content from CFC. However, You acknowledge and agree that CFC shall have no obligation to try to remove from distribution any of Your Video Content that is otherwise publicly available through the Internet or other publicly accessible medium.

In the event that CFC fails to promptly remove such requested Video Content from CFC after Your request for removal, CFC shall not be liable to You for damages or charges of any kind in an amount greater than ten pounds (£10). For the avoidance of doubt, the Creative Commons BY-NC-ND License (defined below) that You have granted in Section 9(g) (“Content Providers: Your Irrevocable Non-Commercial Distribution License”) herein shall remain in effect for this purpose only.

You agree and accept that CFC, upon request of the applicable Content Providers or in its sole discretion, may add or remove from CFC any or all Video Content at any time.

You agree that You will not:

– use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” to generate artificial views of Video Content, or to otherwise access the CFC Site in a manner that sends more request messages to the CFC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

– modify any specifications, technology or application codes, unless expressly authorized in writing by CFC.

Some Trial Features may be made available on an as-is basis only, which will be marked as such. Your use of the Trial Features is at Your own risk. All information relating to the Trial Features will be treated as “confidential” in accordance with Section 14 (“Confidential Information”).

7. Participation at Your Own Risk

Your Participation is at Your own risk. Although the CFC Membership Program enables users to connect and share Video Content and Member Comments with one another and with end users or viewers, CFC has no responsibility to control or monitor any information or exchanges between or among users. CFC does not control the Video Content or Member Comments made available through the CFC. Some people may find Video Content and Member Comments objectionable, inappropriate or offensive. CFC does not control or guarantee, nor is CFC responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any Video Content and Member Comments. CFC assumes no responsibility for monitoring any Video Content and Member Comments or conduct during Participation. If CFC chooses, at any time in its sole discretion, to monitor (in whole or in part) Video Content and Member Comments or conduct during Participation, CFC nonetheless assumes no responsibility for Video Content and Member Comments, no obligation to modify or remove any Video Content and Member Comments and no responsibility for conduct during Participation. You agree that CFC has no responsibility or liability for the deletion or failure to store, maintain or transmit any Video Content and Member Comments.

8. Privacy

Participation is governed by the CFC Privacy Policy located at https://anlageklassen.info/datenschutz/, which is incorporated into this Agreement by reference. Furthermore, by Participating, You understand that when You view or interact with CFC and the features of the CFC Membership Program, CFC may collect (and You may provide to CFC) information that is specific to how You access and use the Internet as well as how You view and/or interact with CFC (“Access Information”). Access Information may include, but is not limited to, an IP address, the website a user is logged onto, the geographic location of the IP address the user is using to access the Internet, the type of browser used, which and how many web pages have been viewed by the user, search terms used, referring/exit pages, platform type and date/time information. This information is anonymous and does not personally identify a user. Access Information may be shared with CFC’s third party service providers, affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

9. Proprietary Rights & Licenses

(a) CFC’s Ownership Rights. CFC and its licensors own all rights, title and interest, including without limitation all worldwide intellectual property rights in CFC and the CFC Membership Program, and all such rights to all derivative works or enhancements of, in and to, or relating to, CFC and the CFC Membership Program. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in CFC, the CFC Membership Program or related products and services. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the CFC, the CFC Membership Program or related products and services; or (ii) use CFC’s name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without CFC’s prior written consent.

(b) Your Ownership Rights. Subject to the licenses You are granting in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Video Content that is submitted, posted or displayed by You on or through CFC and the CFC Membership Program. CFC shall not acquire any right, title or interest in or to such Video Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. As more fully described in Section 12 (“Term and Termination”), You have the right to terminate this Agreement and revoke certain licenses You are granting in this Agreement, with respect to all Video Content You provide or with respect to particular works You provide. If You choose to revoke any of Your revocable licenses, CFC will use commercially reasonable efforts to remove Your Video Content from the CFC Site reasonably promptly upon receipt of Your notice of revocation. You acknowledge that You are aware that CFC has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that CFC assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, CFC is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Video Content upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. CFC may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that CFC has an obligation to do so in any other instance and this does not mean that CFC has an obligation to effectively protect or enforce Your intellectual property rights.

(c) CFC’s Trademark License to You. During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the CFC Network (the “CFC Marks”) solely for purposes of identifying CFC and solely in connection with Your permitted activities under this Agreement. You agree that the CFC Marks and all associated goodwill are and will remain the sole property of CFC, that any goodwill generated as a result of Your licensed use of CFC Marks belongs exclusively to CFC and inures solely to the benefit of CFC, and that Your use of CFC Marks is subject to CFC’s control of the quality of any products or services with respect to which You may be authorized to use CFC Marks.

(d) Your Member Comments License to CFC. By uploading, submitting, emailing, posting, publishing or otherwise transmitting any Member Comments, You hereby grant (or warrant that the owner of such rights has expressly granted) CFC a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such Member Comments in any form, medium or technology now known or later developed. You warrant that any Member Comments You submit do not infringe upon any rights, including intellectual property rights, of any other parties. In addition, You warrant that all so-called moral rights in the Member Comments have been waived.

(e) Your Revocable Limited License to CFC. In order to allow CFC to post Your Video Content on CFC, You hereby grant (or warrant that the owner of such rights has expressly granted) to CFC a worldwide, revocable, non-exclusive, sublicensable and transferable, limited right and license to use, reproduce, modify and adapt, excerpt, publish, transmit, publicly perform, display, reference, store, host, index and cache, in any form, medium or technology now known or later developed, any Video Content, Member Comments, or materials You submit to CFC, in whole or in part, whether created by or for You, by any method, in any and all media and through any media distribution channels, whether currently existing or hereafter developed. You understand that Your revocable limited license to CFC includes Your grant to CFC of the right to create, display and distribute (as set forth more fully in the previous sentence) a derivative work based on Your Video Content, which derivative work is comprised either solely of Your Video Content as adapted to include CFC’s computer software, to identity Your submission as Your Video Content, and to effect related functions or to include Your Video Content as part of a compilation project for broadcast on CFC or through an affiliate. (After this we refer to the aforementioned derivative work as “Your CFC Modified Video Content”). CFC’s rights, with respect to Your CFC Modified Video Content, are limited to its rights set forth in this Agreement, and CFC expressly waives and disclaims, with respect to You, any other rights it might otherwise hold to Your CFC Modified Video Content under copyright law. As more fully described in Section 12 (“Term and Termination”), this license will terminate: (i) with respect to any Video Content that You have requested be removed in accordance with Section 6 (“Participation”); and (ii) upon termination of the Agreement in accordance with Section 12 (“Term and Termination”).

(f) Your Revocable Commercial Distribution License to CFC. In order to allow CFC to distribute Your CFC Modified Video Content on CFC or its affliates, You hereby grant (or warrant that the owner of such rights has expressly granted) to CFC a limited, revocable right to use, reproduce, publicly perform, distribute, adapt, and display Your CFC Modified Video Content for purposes contemplated by this Agreement and to engage in such further actions relating to and in connection with Your Video Content as may be necessary or appropriate in order to effect the purposes of CFC.

(g) Your Irrevocable Non-Commercial Distribution License. You hereby grant (or warrant that the owner of such rights has expressly granted) to any persons or entities who want to use Your CFC Modified Video Content in a manner not intended for commercial advantage or private monetary compensation, a right to use, reproduce, publicly perform, distribute and display Your CFC Modified Video Content for non-commercial purposes pursuant to the terms and conditions of the Creative Commons “Attribution-NonCommercial-NoDerivs 2.5” license located at http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode (the “Creative Commons BY-NC-ND License”). Insofar as CFC holds any rights to Your CFC Modified Video Content pursuant to Section 9(e) of this Agreement, CFC also grants the rights stated in this paragraph to such persons or entities pursuant to the Creative Commons BY-NC-ND License.

(h) Your Information. You authorize CFC to use, as applicable to Your Participation, Your Video Content, name, likeness, trademarks, service marks, trade names, proprietary logos, domain names, usage statistics and any other source or business identifiers (collectively, “Your Information”) in presentations, as a feature on CFC, advertising and marketing materials, press releases, customer lists and financial reports, in connection with CFC’s marketing, publicity, distribution and provision of the CFC Membership Program. You also grant CFC a non-exclusive license to index and cache Your Information and any portion thereof, by manual or automated means (including with web spiders and crawlers), for purposes of promoting, providing and improving CFC and the CFC Membership Program and for soliciting other distributors, publishers, creators and advertisers to use CFC and Participate. You acknowledge and agree: (i) that You understand that You may provide, and CFC may collect, Your Information during Your Participation; and (ii) that Your Information may be shared with CFC’s affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

(i) No Endorsement; No Publicity. CFC does not endorse, verify, evaluate or guarantee any information or Video Content or Member Comments provided by users, including You, and nothing shall be considered as an endorsement, verification or guarantee of any information or Video Content or photographs or Member Comments. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, (i) containing or suggesting an endorsement by CFC of You or Your Video Content or Member Comments; or (ii) relating to this Agreement, without the prior review and written approval of CFC. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Video Content or Member Comments (for example, describing and promoting Your Video Content on Your blog or in emails).

(j) Reserved Rights. You will not attempt to modify, prepare derivative works from, translate, adapt, edit, decompile, disassemble or reverse engineer any specifications, technology, applications or software programs provided or made accessible to You or used by CFC in connection with the CFC Membership Program in any way, unless expressly authorized in writing by CFC. CFC may modify the format and look and feel of CFC Membership Program from time to time. Excluding Your Video Content, You agree to assign and hereby do assign to CFC and its licensors (as applicable) all right, title and interest in and to any part of the CFC Membership Program that You may have or acquire during Your Participation. You warrant that all so-called moral rights You may have in CFC or CFC Membership Program are hereby waived. You will not delete, remove, obscure or in any manner alter the copyright, trademark, license or other proprietary rights notices affixed to or contained in CFC or CFC Membership Program. Any rights not expressly granted herein are deemed withheld.

10. Adult Content

You will not use CFC or CFC Membership Program for any purpose or in any manner to display, post or make available any explicit, graphic sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through CFC or CFC Membership Program any Video Content or Member Comments, that is of an explicit, graphic sexual, pornographic or erotic nature (“Adult Content”). Examples of content that CFC, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If CFC finds Video Content that it determines, in its sole discretion, contains Adult Content, CFC may, without notice, remove or block access to such Video Content. CFC reserves the right to suspend or cancel at any time and without notice Your Account, that CFC, in its sole discretion, determines to be in violation of this Section. CFC will take all appropriate steps with Video Content that CFC believes violates applicable laws, including cooperation with any law enforcement investigation. If You see content that You believe is Adult Content or is in violation of law or this Section, You should contact CFC immediately.

11. Copyright Infringement

You will not use CFC or CFC Membership Program for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through CFC or CFC Membership Program any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (an internationally acknowledged standard, but the text of which may be found on the U.S. Copyright Office website at “http://lcweb.loc.gov/copyright/“), it is CFC’s policy to respond to notices of any actual or alleged infringement that are reported to CFC’s “Designated Copyright Agent” and that comply with the requirements set out in the DMCA. It is CFC’s policy to terminate the Accounts of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If You believe that a work has been copied in a way that constitutes copyright infringement, You should send a notice of infringement to CFC’s Designated Copyright Agent (legal@cfc-law.com/).

12. Term and Termination

(a) Termination. CFC may immediately terminate this Agreement, or cancel the CFC Membership Program, for any reason at any time. You may terminate this Agreement at any time by disabling Your Account or providing notice to CFC as set forth in Section 13 (“Notifications”).

(b) Effect of Termination.

General. Upon termination or expiration of this Agreement, Your right to Participate will automatically terminate. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account although residual copies of information may remain in the CFC Membership Program system. Upon termination: (i) all licenses granted to You hereunder will immediately terminate; and (ii) You will promptly destroy all copies of related CFC products in Your possession or control. Upon termination, CFC may continue to use any user analytics collected hereunder for solely internal (including archival) purposes, and all related licenses You have granted CFC shall remain in effect for this purpose only. In the event that this Agreement or the CFC Membership Program expires or is terminated, CFC shall not be obligated to return any materials to You.

Content Providers. Although CFC will use commercially reasonable efforts to ensure Your Video Content is removed from the CFC Site reasonably promptly following termination, CFC shall have no obligation to remove any of Your Video Content that is otherwise publicly available through the Internet or other publicly accessible medium. In the event that CFC does not promptly remove Your Video Content from CFC through inadvertence or other error, CFC shall not be liable to You for damages or charges of any kind.

(c) Survival. The rights and obligations contained in Section 9(a) (“CFC’s Ownership Rights”) and 9(b) (“Your Ownership Rights”), Section 9(f) (“Content Providers: Your Irrevocable Non-Commercial Distribution License”), Section 12(b) (“Effect of Termination”), Section 12(c) (“Survival”), Section 14 (“Confidential Information”), Section 17 (“Indemnity”), Section 18 (“Warranty Disclaimers”), Section 19 (“Limitation of Liability”) and Section 20 (“General”) of this Agreement will survive termination or expiration of this Agreement for any reason.

13. Notifications

CFC may provide notices to You by email to the email address specified in Your Account, by posting a message to Your Account interface or by posting a message to CFC, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages to Your Account interface or on CFC). Any notices to CFC must be sent either: (i) via first class or air mail or overnight courier to CFC, Membership Program, Kemp House, City Road, 160 EC1V2NX London United Kingdom and are deemed served upon receipt.

14. Confidential Information

During the term of this Agreement, You may receive confidential information from CFC related to Your Participation. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of CFC. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of CFC: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to CFC to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of CFC confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the CFC Products and the CFC Membership Program; and (iii) any other information designated in writing by CFC as “Confidential” or an equivalent designation. Confidential information does not include information that: (w) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (x) is rightfully known by You at the time of disclosure without a confidentiality obligation; (y) is independently developed by You without use of CFC’s confidential information; or (z) You rightfully obtain from a third party without disclosure restrictions.

15. Representation & Warranties

(a) Your Authority. You represent and warrant to CFC that: (i) You have all requisite power and authority, corporate or otherwise, to enter into this Agreement, to conduct Yourself and Your business and to execute, deliver, and perform all of Your obligations under this Agreement; (ii) You have provided, and will continue to provide, information that is correct and current; (iii) You are the owner or the authorized agent of the owner of Your Video Content and Your Member Comments (if You are a Community Member) and have full technical and editorial control of the same; (iv) You have the right to grant the licenses granted under this Agreement; (v) Your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which You are currently bound or will become bound in the future; (vi) Your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; and (vii) You will Participate solely for the purposes intended and expressly permitted.

(b) Your Materials. You represent and warrant that Your Video Content, Member Comments or any other information or material You submit or make available to others during Your Participation, and CFC’s use thereof pursuant to this Agreement, (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Adult Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of CFC Products or Participation in the CFC Membership Program; (v) do not promote illegal or harmful activities or substances (including without limitation activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Video Content is created, displayed or accessed; (vii) do not contain any computer programming routines or viruses (including without limitation time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to or Participation in the CFC Membership Program or disable, damage or erase any portion of the Video Content or Membership Comments processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.

(c) Your Actions. You represent and warrant that You will not, and will not authorize or encourage any third party to, directly or indirectly: (i) obtain any information or materials relating to CFC or the CFC Membership Program through any means not intentionally made available by CFC to You, or attempt to gain unauthorized access to CFC’s database, technology, computer systems or networks associated with CFC Products or the CFC Membership Program; or (ii) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of CFC and the CFC Membership Program.

(d) Cooperation. You agree to cooperate fully with CFC to investigate any suspected or actual activity that is in breach of this Agreement. You acknowledge that any violation of this Section 15 (“Representations and Warranties”) is a material breach of this Agreement and that CFC may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your Account or termination of this Agreement, and the pursuit of all available civil or criminal remedies. CFC reserves the right to investigate, at its own discretion, any activity that CFC suspects may violate this Agreement. CFC may, as applicable, notify the authorities, suspend or cancel Your Account and/or take appropriate actions at any time without notice to You if CFC, in its sole discretion, (i) suspects that You have breached or failed to comply (in full or in part) with any provision of this Agreement or any Policies or rules established by CFC; or (ii) suspects that Your actions may be illegal or cause liability.

16. Links

CFC and the CFC Membership Program may provide, or third parties may provide, links to other websites or resources. Because CFC has no control over such sites and resources, You acknowledge and agree that CFC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that CFC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

17. Indemnity

You will indemnify, defend and hold CFC and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and applicable third parties (e.g., relevant content creators, advertisers, syndication partners, referral partners, service providers, licensors, licensees, consultants and contractors) (collectively, the “CFC Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses (including reasonable attorneys’ fees and costs) directly or indirectly arising out of or in any way relating to: (i) Your gross negligence or willful misconduct; (ii) Your Video Content, Your Member Comments or any other information or material You submit during Participation; (iii) Your conduct, including Your use of CFC or any other actions related to Your Participation; (iv) any actual violation or breach of this Agreement, or allegation of such violation or breach by a third party, including breach of any representation made by You hereunder; or (v) the alleged or actual violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of any action or Participation by You (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the CFC Entities. CFC shall have the right to withhold any payments due to You, if any, to offset liabilities and expenses covered hereunder. CFC shall have the right, in its sole discretion, to select its own legal counsel to defend CFC from any Claims (but by doing so shall not excuse Your indemnity obligations) and You shall be solely responsible for the payment of all CFC’s reasonable attorneys’ fees incurred in connection therewith. You shall notify CFC immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or CFC’s ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of CFC, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for CFC.

18. Warranty Disclaimer

Your use of the CFC Products and Participation in the CFC Membership Program are at Your sole discretion and risk. CFC and the CFC Membership Program, and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

THE CFC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE CFC PRODUCTS AND THE CFC MEMBERSHIP PROGRAM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

The CFC Entities disclaim any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of CFC or the CFC Membership Program; (ii) regarding the goods, services, advise, information or links provided by any third party services providers, sponsors, syndicators or Community Members; (iii) that CFC or the CFC Membership Program will meet Your requirements; or (iv) that CFC or the CFC Membership Program will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by You from CFC or from Your Participation, shall create any warranty not expressly stated in this Agreement.

CFC assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on CFC or the CFC Membership Program or combination thereof, including any injury or damage to You or to any person’s computer related to or resulting from Participation.

Under no circumstances shall CFC be responsible for any loss or damage, including personal injury or death, resulting from Participation, from any Video Content or Member Comments posted on or through CFC or the CFC Membership Program, or from the conduct of any users of CFC Products or Participation in the CFC Membership Program, whether online or offline.

Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.

19. Limitation of Liability

THE CFC ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CFC PRODUCTS, YOUR PARTICIPATION IN THE CFC MEMBERSHIP PROGRAM OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE CFC MEMBERSHIP PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CFC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFC’S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CFC FOR THE CFC PRODUCTS OR PARTICIPATION IN THE CFC MEMBERSHIP PROGRAM.

You acknowledge that CFC permits Your Participation relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain and of the allocation of risks between the parties. CFC shall have no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to CFC’s infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, CFC will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.

20. General

(a) Governing Law; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Except as expressly set forth in subsection (b) below (“Injunctive Relief”), any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to the court system of England and Wales. The arbitrator shall apply the law of England and Wales to the merits of any dispute or claim. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in London, England and judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any action is brought by either party in connection with this Agreement, the substantially prevailing party will be entitled to recover from the other party all the costs, legal fees and other expenses reasonably incurred by such party. All offers, promises, conduct and statements, whether oral or written, made in the course of the arbitration by any of the parties, their agents, employees, experts and legal counsels, and by the arbitrator and any of their employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the arbitration.

(b) Injunctive Relief. Notwithstanding the “Governing Law; Arbitration” section above, You agree that certain breaches by You would cause irreparable injury to CFC, for which there are no adequate remedies at law, and nothing in this Section shall be deemed to prevent or delay CFC’s attempt to seek a temporary restraining order, preliminary injunction, specific performance or other interim or conservatory relief from any court having jurisdiction, without any abridgment of the power of the arbitrator, for Your breach of: (i) Section 9(a) (“CFC’s Ownership Rights”); (ii) Section 11 (“Copyright Infringement”); and (iii) Section 14 (“Confidential Information”).

(c) Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of CFC. Any attempted assignment in violation of this Section will be null and void and of no force or effect. CFC may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.

(d) Waiver; Severability. The failure to require performance of any provision shall not affect CFC’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

(e) Export Restrictions/Legal Compliance. You agree to comply with all United Kingdom and other applicable export laws and related restrictions and regulations, and not to directly or indirectly export, provide or otherwise make available the services and products of CFC in violation of any such export laws, unless any required prior authorizations necessary or approvals are obtained by You, at Your expense, from the applicable United Kingdom or foreign authority.

(f) Entire Agreement. This Agreement constitutes the entire and exclusive understanding and agreement between You and CFC regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between You and CFC relating to this subject matter. You may be subject to additional terms and conditions that may apply when You use or access certain features of the CFC Membership Program.

(g) Relationship. You and CFC are independent contractors, and this agreement, including but not limited to submission of any video content or member comments, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the You and CFC. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall advertise in any manner, represent or hold itself (or any of its agents) out as acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.

(h) Reserved Rights. CFC reserves the right to change, in whole or in part, the names, logos, presentation and display of the CFC Member Agreement and the CFC Membership Program at any time at its sole discretion.

Terms & Conditions for CFC GREEN INVESTMENTS LTD.


CFC GREEN INVESTMENTS LTD. includes the following domains:
https://green-investments.eu

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

 1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Green Investments Ltd., hereinafter “CFC”; a company registered in England and Wales under number 12403712 whose registered office is at CFC GREEN INVESTMENTS LTD. Kemp House, 160 City Road, London, EC1V 2NX, with email address cancellation@cfc-law.com;  (the Supplier or us or we).

 2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website https://green-investments.eu/ on which the Goods are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and
b.in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b.after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a.
foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website test . If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a.
14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. 
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. 
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a.
the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy – https://green-investments.eu/privacy-policy and cookies policy –  https://green-investments.eu/privacy-policy

71. For the purposes of these Terms and Conditions:
a. Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, London, EC1V 2NX, UK Email address: < cfc@green-investments.eu>  

  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)


__________________________________________

Terms & Conditions for CFC LAW & ACCOUNTING LTD.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Law & accounting Ltd., hereinafter “CFC”; whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address cfc@law-accounting.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Services;

5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and 
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.thorsten-schuell.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or 
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

71. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and   
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: <cfc@law-accounting.com>  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)

__________________________________________

Terms & Conditions for CFC AVIATION & SAILING LTD.


Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Aviation & Sailing Ltd., hereinafter “CFC”; whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address cfc@aviation-sailing.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Services;

5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and 
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.thorsten-schuell.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or 
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

71. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and   
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: <cfc@aviation-sailing.com>  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)

__________________________________________

Terms & Conditions for CFC SPORT & HEALTH LTD.

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. 

Application

1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are CFC Sport & Health Ltd., hereinafter “CFC”;  whose registered office is at Kemp House, 160 City Road, London, England, EC1V 2NX, with email address cfc@sport-health.com;  (the Supplier or us or we).

2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

4. Contract means the legally-binding agreement between you and us for the supply of the Services;

5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;

11. Website means our website https://www.thorsten-schuell.com/companies-products-services-and-offers/cfc-sport-and-health/ on which the Services are advertised.

Services

12. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.

13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

14. All Services which appear on the Website are subject to availability.

15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer responsibilities

16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).

17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal information and Registration

18. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

19. We retain and use all information strictly under the Privacy Policy.

20. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

21. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

22. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

23. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

24. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  2  days  from its date, unless we expressly withdraw it at an earlier time.

25. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

26. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees and Payment

27. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

28. Fees and charges could include VAT at the rate applicable at the time of the Order.

29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Delivery

30. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
a. in the case of Services, within a reasonable time; and 
b. in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

32. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

33. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

34. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

35. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

36. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

37. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

38. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

39. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

41. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal  and cancellation

42. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

43. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.

Right to cancel

44. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

45. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

46. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

47. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website https://www.thorsten-schuell.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

48. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the cancellation period

49. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

Effects of cancellation in the cancellation period

50. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

Payment for Services commenced during the cancellation period

51. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Deduction for Goods supplied

52. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

53. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

54. If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

55. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

56. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us The old Chapel,  6A Mountsorrel Lane, LE7 7PR without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

57. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

58. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

59. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.

60. It is not a failure to conform if the failure has its origin in your materials.

61. We will supply the Services with reasonable skill and care.

62. We will provide the following after-sales service: The supplier will support the customer in installing and activating their new services..

63. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, termination and suspension

64. The Contract continues as long as it takes us to perform the Services.

65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or 
b. is subject to any step towards its bankruptcy or liquidation.

66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Successors and our sub-contractors

67. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

68. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

69. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.

71. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. ‘GDPR’ means the UK General Data Protection Regulation.
c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.

73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and   
d. we will implement technical and organisational measures to ensure your Personal Data is secure.

74. For any enquiries or complaints regarding data privacy, you can e-mail: dataprotection@cfc-law.com

Excluding liability

75. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing law, jurisdiction and complaints

76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

78. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

Model cancellation Form

To  CFC, Kemp House, 160 City Road, EC1V 2NX, London, UK Email address: <cfc@health-sport.com>  


  I/We[*] hereby give notice
that I/We [*] cancel my/our [*] 

contract of sale of the following goods [*] / [for the supply of the following service [*],

__________________________________________

Ordered on [*]  __________________________________________

received on [*]__________________________________________ (date received) 

Name of consumer(s): 

__________________________________________

Address of consumer(s):

__________________________________________

__________________________________________

__________________________________________

Signature of consumer(s) (only if this form is notified on paper)

__________________________________________

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