Terms and Conditions

General terms and conditions of business

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§ 1 Scope and subject matter of the contract

§ 1.1 Our general terms and conditions apply to all offers, deliveries and services between us (ViBuCard SL) and our customers. The terms and conditions therefore form the basis for all contracts between us and you as a customer. We do not recognize any deviating conditions of our customers unless we have expressly agreed to them in writing. Our terms and conditions also apply if we carry out the delivery to the customer without reservation despite knowing that the customer's conditions are contrary to or deviate from our conditions.

§ 1.2 Subject of the contract: We provide our services via a web-based application for the duration of the contractual relationship. The web-based application is operated and maintained on servers in Germany. Our services are accessed and used via the Internet using an Internet browser. There is no physical transfer of software. The application remains on our server at all times and is accessed via the ViBuCard URL on the recipient device via the Internet browser. The application is used to display and transmit as well as exchange contact information of people or companies on a specially designed mobile web application. In this way, we simplify and improve the exchange of contacts. In addition to the purely digital business card, we also offer various NFC-enabled products (review filters, key chains, rings, cards, etc.) for purchase. When these NFC accessories touch or approach an NFC-enabled receiving device, the corresponding data is transferred, which links access to a customized profile page and enables the exchange of contact details. The contact details themselves can be flexibly adjusted and updated at any time via a password-protected area.  

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§ 2 Contract conclusion, contract formation and contract term
The prices for our products and services are stated on our website at www.vibucard.com or in the corresponding contract conclusion agreement. Payment is made annually in advance, unless otherwise agreed. The price information is valid at the time of conclusion of the contract and may change later. In this case, we will inform the customer of the changes in good time and give him the opportunity to adjust the contract accordingly or to terminate it. When concluding a contract with a subscription, the contract term begins as soon as the customer's first payment has been processed. After the prepayment period has expired, the contract is automatically extended by one year at a time, unless it is terminated by one party with one month's notice to the end of the respective term.

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§ 3 Right of withdrawal and return conditions
If you are acting as a consumer, you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded. To exercise the right of withdrawal, you must inform VibuCard SL of your decision to withdraw from the contract by means of a clear declaration (e.g. by email or post). In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. benefits of use) must be surrendered. If you have already made full or partial use of the contractual service, you must pay us compensation for the value. The right of withdrawal expires prematurely if the contract is fully fulfilled by both parties at the express request of the customer before you have exercised your right of withdrawal. This is also the case if the digital profile has been created. The right of withdrawal described here does not apply to contracts with business customers and to customized products (NFC accessories) that were delivered with the personal ID.

Sample cancellation form: If you want to cancel the contract, please fill out this form and send it back to:

ViBuCard SL

info@vibucard.com

Fax: +49 (0)9141 838 99 98
07015 Palma de Mallorca
Spain.

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I/we ( ) hereby revoke the contract concluded by me/us ( ) for the purchase of the following goods ( ) / the provision of the following service ( ):

__________________________________________________________________________________________

Ordered on ( ) / received on ( ) ______________________________________________

Name of consumer(s): ______________________________________________

Address of consumer(s): ______________________________________________

Signature of consumer(s) ______________________________________________ (only if notification is made on paper):

Date: ____________________________________________________(*) Delete as appropriate.

§ 4 Prices and payment conditions
The prices for our products and services are stated on our website at www.vibucard.com/preise.html or in the corresponding agreement for concluding the contract. Payment is made annually in advance, unless otherwise agreed. The prices are valid at the time the contract is concluded and may change at a later date. All prices are subject to change and non-binding. If prices change, we will inform the customer in good time and give them the opportunity to adjust or terminate the contract. Payment is made by bank transfer to the account specified in the invoice or by another payment method accepted by us. If the customer defaults on payment, we reserve the right to charge reminder fees. In this case, the customer is obliged to bear the reminder costs incurred.

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§ 5 Delivery conditions and shipping costs
The delivery of the ordered products and services usually takes place within approximately 15-20 working days after receipt of payment. There are no shipping costs for purely digital products. For the shipping of physical products, we charge a flat shipping fee of €8.95 per order within the EU. Additional costs, such as customs duties or taxes, may apply and are borne by the customer. The shipping costs and delivery conditions may vary depending on the product and delivery location. We reserve the right to change the delivery conditions and shipping costs at any time and will inform the customer of this in good time during the ordering process.

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§ 6 Retention of title
We retain title to the goods delivered until the purchase price has been paid in full. The customer is obliged to treat the goods with care until ownership is transferred and to inform us immediately in writing if the goods are seized or subject to other interventions by third parties. In the event of the customer acting in breach of contract, in particular in the event of late payment, we are entitled to take back the goods. The taking back of the goods by us does not constitute withdrawal from the contract unless we have expressly declared this in writing.

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§ 7 Warranty and guarantee

§ 7.1 Warranty: We guarantee that the products and services delivered are free from material and manufacturing defects at the time of transfer of risk and have the contractually guaranteed properties. If defects occur, the customer must inform us immediately. The statutory warranty period is 2 years and begins at the time of delivery.

§ 7.2 Guarantee: We provide a guarantee for products with NFC chips that is limited to the legal requirements within the EU. The guarantee period is also 2 years and begins at the time of delivery. If defects occur, the customer must inform us immediately. The guarantee does not apply to damage caused by improper use or handling.

§ 7.3 Availability guarantee: We guarantee an annual average availability of the web service of 99%. The availability does not include times when the web service is not accessible due to technical or other problems that are beyond the control of VibuCard SL (e.g. force majeure, fault of third parties, etc.).

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§ 8 Disclaimer

§ 8.1 We are not liable for improper use of our products and services by the customer. The customer is responsible for the security of his passwords and access data and is obliged to choose and use them carefully. We accept no liability for damages caused by the use of insecure passwords or access data. The customer is also obliged to pay for services that third parties use or order using his access data and passwords, insofar as he is responsible for this.

§ 8.2 The customer undertakes not to offer or access content that is pornographic, commercially erotic, violent, glorifying violence, racist, discriminatory, harmful to minors or inflammatory, or of an extremist (particularly right-wing extremist) nature, nor content that calls for criminal acts or provides instructions for such. This also applies if such content is made accessible via hyperlinks or other connections that the customer places on third-party websites. We reserve the right to immediately delete such content and block the customer's access to our products and services.

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§ 8.3 The customer expressly confirms that he has all the necessary authorizations to use and transmit digital content, including, for example, personal and company-related data stored on the product. The customer assumes full responsibility for any claims made by third parties due to unauthorized use of the aforementioned digital content. Upon request, we are entitled to indemnify the customer against all third-party claims. The customer undertakes to compensate us for all damages incurred as a result of infringements of third-party rights, including any costs incurred for legal action such as legal fees and court costs. The customer also assures that he is in possession of all copying, usage and reproduction rights to the content provided.

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§ 9 Data protection and data protection declaration
We take the protection of our customers' personal data very seriously and adhere to the provisions of the General Data Protection Regulation (GDPR). We store and process personal data exclusively on our servers, which are located in Germany. Further information on data protection and the individual provisions can be found in our data protection provisions, which can be viewed online at www.vibucard.com/datenschutz.html

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§ 10 Applicable law and place of jurisdiction
All disputes arising from or in connection with this contract shall be governed exclusively by the law of the European Union. The place of jurisdiction for all disputes arising from the contractual relationship is Palma de Mallorca, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in the EU.

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§ 11 Other provisions
If individual provisions of these terms and conditions are or become invalid, this does not affect the validity of the remaining provisions. The statutory regulation applies in place of the invalid provision. Changes or additions to these terms and conditions must be made in writing. This also applies to the cancellation of the written form clause itself. We reserve the right to change these terms and conditions at any time. Changes will be communicated to the customer in good time. If the customer does not object to the amended terms and conditions within four weeks of receiving the notification, the amended terms and conditions are deemed to have been accepted. If the amended terms and conditions are objected to, both parties are entitled to terminate the contract. The customer may only transfer his rights and obligations under this contract to third parties with our prior written consent. We are free to transfer the contractual relationship to a company affiliated with us or to a third party who takes over the business or part of the business. Other individual agreements must be made in writing.

 

This contract is governed exclusively by European Union law. The place of jurisdiction for all claims in connection with this contract is Palma de Mallorca.

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