APPENDIX NO. 6c TO THE TERMS AND CONDITIONS - ASSIGNMENT AGREEMENT
concluded on [___] in [___] (hereinafter referred to as the "Agreement") by and between:
[RELEVANT MERXU COMPANY],
represented by the proxy - [MERXU COMPANY RELEVANT TO THE BUYER],
hereafter referred to as the “Relevant merXu Company”,
– and –
hereinafter referred to as the “Buyer”,
1) on [___], the Buyer entered into an agreement for the sale of a product (hereinafter referred to as the "Product Sales Agreement") in the form of [___] (hereinafter referred to as the "Product") with the seller, i.e. [___] (hereinafter referred to as the "Seller"), through the platform operating at the following web address www.merxu.com (hereinafter referred to as the "merXu Platform");
2) the price of the Product was [___] gross (hereinafter referred to as the "Gross Price");
3) the Buyer has paid the Gross Price to the Seller;
4) the Buyer has submitted an application to the "Buy at no risk" program on the merXu Platform (hereinafter referred to as the "Program"), which has been accepted due to the occurrence of one of the irregularities set out in clause 4.1 of the Program;
5) the Buyer has been offered compensation in the amount of [___] (in words: [___]; hereinafter referred to as the "Compensation"), which the Buyer has accepted;
6) the contractual relationship between the Buyer and Seller has been terminated as a result of the Program (either as a result of a condition subsequent or, if the Seller has its habitual residence in Germany - as a result of rescission);
7) the Relevant merXu Company wishes to acquire the Buyer's claim against the Seller for reimbursement of the price paid, arising from the termination or, if the Seller has its habitual residence in Germany - the rescission from the agreement concluded as part of the Transaction, up to the amount of the compensation received (hereinafter referred to as the "Claim"), by providing it with Compensation as part of the price.
The Parties hereby agree as follows:
[Transfer and Compensation]
Within 7 days from the date of conclusion of the Agreement the Buyer shall deliver an accounting note (or any other relevant accounting document) to the Relevant merXu Company by email (to the email address from which it received the Agreement).
[Representations of the Parties]
In the event of a breach of the terms and conditions of the Program by the Buyer or if the prerequisites listed in clause 9.1 of the Program (Return of Compensation) occur, the Relevant merXu Company is entitled to rescind the Agreement within 2 (in words: two) years from the date of conclusion of the Agreement.
[Applicable law and jurisdiction]
In the event that any provision of the Agreement proves or becomes invalid or unenforceable, the parties shall immediately amend or supplement the Agreement in a manner that most faithfully represents the intention of the parties expressed in the provision that has been held invalid or unenforceable.