General Terms and Conditions
(as of May 1st 2007)

The German law is valid.

1. General Conditions
All contracts, especially those accomplished via internet orders, are based on the following General Terms and Conditions. Differing General Terms and Conditions do not form an integral part of the contract, unless their standing is confirmed and approved in writing.

2. Delivery & Default and Impossibility of Performance
The Company New Art Illusion will keep to the stated delivery times below as far as possible. By not keeping the agreed-upon delivery times for more than 6 weeks, the customer is able to withdraw from the contract or to claim damages for non-performance. Any declarations hereby shall be made in writing. Should damages for non-performance due to slight negligence ex parte the company New Art Illusion be made, these are limited to direct and indirect damages that do not affect loss of profit or concern unpredictable, atypical damages. Compensations of damages caused by delay are limited to the triple purchase price. This shall apply to gross negligence or intent ex parte the company New Art Illusion. Agreements about binding delivery times require our explicit approval in writing. In case of force majeure or other incidents we cannot govern in our own company or subcontracting firms avoiding consignment, we are able to extend the agreed upon delivery time for three weeks or to withdraw from the contract. The company New Art Illusion is obliged to inform the buyer about non-performance in the event of withdrawal and shall compensate considerations already performed immediately.

3. Payment Terms & Prices
All prices do always include applicable statutory VAT, except those expressly accomplished excluding VAT. Only those prices will be charged, that has been estimated at the time an ordering was confirmed. Subsequent price changes do not affect the subject terms of the contract. Differing arrangements may only be made in writing.

4. Packing and Shipping
4.1 Inside the Federal Republic of Germany
Shipping takes place via mail. Up to a purchased price of € 75,- we charge flat shipping and handling fees of € 5,- (POD charge included; POD - pay on delivery). For amounts of € 75,- and more shipping inside Germany will not be charged. The customer bears all postal transfer fees concerning the POD irrespective of the purchase price. In our discretion shipping shall take reasonable care. We are not obligated to the cheapest shipping. In the event of challenging an order (according to §§ 119, 120 BGB) we reserve the right to charge incurred expenses for already produced goods, that cannot be used for other purposes. Costs will at most be as high as the purchase price.
4.2 Outside the Federal Republic of Germany
Shipping takes place via air mail. We charge flat shipping and handling fees of € 10,- inside Europe and € 15,- for shipping outside Europe. The customer bears all postal transfer fees concerning the POD irrespective of the purchase price. In our discretion shipping shall take reasonable care. We are not obligated to the cheapest shipping. In the event of challenging an order (according to §§ 119, 120 BGB) we reserve the right to charge incurred expenses for already produced goods, that cannot be used for other purposes. Costs will at most be as high as the purchase price.

5. Warranties
From the day receiving the product, legal warranty deed of 24 months shall apply.
As far as obviously, reclamations because of faulty goods or wrong delivery shall be made in writing within fifteen days from the date receiving the product. In case of not obvious defects the term for complaints shall be 24 months from the date receiving the product. For this, the buyer has to examine the product in a required and reasonable way. Signs of wear and tear shall be excluded from warranty. If the customer files a legitimate reclamation, warranty shall take place of our choice by remedy, replacement, abatement of the purchase price or rescission of the contract (redhibitory action). The customer shall claim at his choice abatement of the purchase price or redhibitory action only after remedy or replacement have failed. In particular, warranty claims cannot be made if the damage of the product is a causal connection of incorrect handling, attendance or care contrary to the instruction handbook, or not approved complete or partial modification of the product.
Please turn all reclamations to the following address:
Postal address:

Volker Wollert,
New Art Illusion,
Am Schuetzengarten 15,
02929 Rothenburg.
Germany

6. Liability for Guaranteed Quality
If in particular cases special characteristics are guaranteed by the company New Art Illusion, the liability of the warranty does not cover consequential harms caused by a defect, that are part of the warranty.

7. Damages
No further strict liability claims of the customer do exist concerning faulty shipping, violation of accessory obligations, default at the time the contract was concluded or tort, unless the damage is caused by deliberate or gross negligence breach of the contract due to the company New Art Illusion or its vicarious agents. The company New Art Illusion is liable for slight negligence within the statutory provisions as far as cardinal obligations of the contract are violated.
Remark: The buyer has the obligation to regularly back-up data. In spite of most careful programming and ample test runs, we cannot theoretically eliminate any possibilities of data loss by use. The company New Art Illusion is liable for data loss by using the programs only with restriction to those damages that would have also occurred to correct data back-up.

8. Risk Assumption
The obligation to deliver is a sending obligation (German: ‘Schickschuld’). The company New Art Illusion has taken every necessary action in respect of the benefit of goods by the time the product is ex stock and posted. The buyer bears all risk of damage and extinction of the product during carriage. In this case the buyer remains obligated to pay the purchase price. Only in this respect claims shall be made against the hauler and the carrier respectively.

9. Right of Withdrawal
If the contract of sale is brought about exclusively due to the use of telecommunication (e.g. mail, catalogue, telephone, telex, e-mail etc.), the following shall apply:
* At any time the buyer has the right to cancel the contract of sale without fulfilling any qualifications.
* The withdrawal must be asserted within fifteen days. The period shall commence the day the goods receipt the consumer, but not earlier than New Art Illusion has fulfilled its duty to inform (§§ 312b BGB ff). (This shall take place via e-mail or supplemental sheet sent with the sold product).
* This letter simply has to contain the name and address of the buyer, the purchase order date and the assertion to cancel the order.
* The withdrawal shall apply in writing to the following address:
Postal address:

Volker Wollert,
New Art Illusion,
Am Schützengarten 15,
02929 Rothenburg.
Germany

Punctual dispatch of the product to the above address suffices to comply with the time limit (sending record). In the event of software delivery, the right of withdrawal shall not apply if the purchaser unsealed the delivered medium (e.g. CD-ROM), unless otherwise agreed
Basically, reconsignment shall apply at the expense and risk of the company New Art Illusion. The customer bears all regular reconsignment charges up to a purchased price of € 40,-.

10. Applicable Law and Legal Venue
The German law shall apply. In the event of disputes or any lack of clarity, the court of Bonn shall have exclusive jurisdiction if the customer has no venue in the Federal Republic of Germany.

11. Data Protection
According to the Federal Data Protection Act (BDSG) we are able to process, save and analyse customer data received in addition to business connections. Disclosure of data to third parties does not take place.

12. Links to other websites
On May 12th1998, the County Court Hamburg ruled to may be responsible for contents of inserted linked websites of third parties. That can only be avoided by expressly distance ourselves from the contents of these sites. Our website contains links to third party information providers. We would like to expressly point out that we have no influence on the contents or reliability of those external websites. Therefore we expressly distance ourselves from all content of all linked sites. Concerning our website, this declaration shall apply to all inserted linked websites and the contents to which these links will lead.

13. General
Should any of the above named agreements due to other reasons become void, the validity of all other provisions shall remain unaffected.