General Terms and Conditions of Business

§ 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 S.L.) and our customers. The General Terms and Conditions thus form the basis for all contracts between us and you as a customer. We do not recognise any deviating terms and conditions of our customers unless we have expressly agreed to them in writing. Our GTC shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's conditions are contrary to or deviate from our conditions.

§ 1.2 Subject matter 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. Access to and use of our services is via the Internet using an Internet browser. A physical transfer of software to does not take place. The application remains on our server at all times and is accessed via the ViBuCard URL on the recipient device using the Internet browser. The application is used to display, transmit and exchange contact information of persons 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 (key rings, rings, cards, etc.) for sale. When these NFC accessories touch or approach an NFC-enabled receiving device, the corresponding data is transmitted, linking access to a self-customised profile page and enabling the exchange of contact data. The contact data itself can be flexibly adapted and updated at any time via a password-protected area.

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

§ 3 Right of withdrawal and return conditions
If you are acting as a consumer, you have the right to cancel 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 S.L. of your decision to withdraw from the contract by means of a clear declaration (e.g. by e-mail or post). In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. advantages of use) must be surrendered. If you have already made use of the contractual service in whole or in part, you must compensate us for the value in this respect. The right of withdrawal expires prematurely if the contract has been completely 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 individualised products (NFC accessories) that were delivered with the personal ID.

Sample cancellation form: If you wish to cancel the contract, please complete this form and return it to:

ViBuCard S.L.
Avenida Joan Miro 138,
07015 Palma de Mallorca
Spain.

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 in case of paper communication):

Date: ____________________________________________________(*) Delete as applicable.

 

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

§ 5 Terms of delivery and shipping costs
The delivery of the ordered products and services usually takes place within approx. 15-20 working days after receipt of payment. There are no shipping costs for purely digital products. For the shipment of physical products, we charge flat-rate shipping costs of € 8.95 per order within the EU. Additional costs, such as customs duties or taxes, may apply and are at the customer's expense. Shipping costs and delivery terms 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.

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

§ 7 Warranty and Guarantee
§ 7.1 Warranty: We warrant that the delivered products and services are free of material and manufacturing defects at the time of transfer of risk and that they have the contractually warranted characteristics. Should defects occur, the customer must inform us immediately. The statutory warranty period is 2 years and begins at the time of delivery.

§ 7.2 Warranty: We provide a warranty for the products with NFC chip, which is limited to the legal regulations within the EU. The warranty 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 availability of the web service of 99% on an annual average. The availability does not include periods in which the web service is unavailable due to technical or other problems beyond the control of VibuCard S.L. (e.g. force majeure, fault of third parties, etc.).

§ 8 Exclusion of liability
§ 8.1 We are not liable for improper use of our products and services by the customer. The customer himself is responsible for the security of his passwords and access data and is obliged to choose and use them carefully. We do not accept any liability for damage caused by the use of insecure passwords or access data. The customer is also obliged to pay for such services that third parties use or order via his access data and passwords, insofar as he is responsible for this.

§ 8.2 The customer undertakes not to offer any content for downloading or calling up which is pornographic, commercially erotic, violent, glorifies violence, racist, discriminatory, harmful to young people or incites hatred among the general public, or which is of an extremist (in particular right-wing extremist) nature, nor any content which incites criminal offences or provides instructions for such offences. This also applies if such content is made accessible through hyperlinks or other connections that the customer sets on third-party pages. We reserve the right to delete such content immediately and to block the customer's access to our products and services.

§ 9 Data protection and privacy policy
We take the protection of our customers' personal data very seriously and comply with the provisions of the German Data Protection Regulation (DSGVO). 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 regulations, which can be viewed online at www.vibucard.com/datenschutz.html.

§ 10 Applicable law and place of jurisdiction
The law of the European Union shall apply exclusively to all disputes arising from or in connection with this contract. 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 has no general place of jurisdiction in the EU.

§ 11 Other provisions
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the statutory provision shall apply. Amendments or supplements to these GTC must be made in writing. This also applies to the cancellation of the written form clause itself. We reserve the right to amend these GTC at any time. The customer will be notified of any changes in good time. If the customer does not object to the amended GTC within four weeks after receipt of the notification, the amended GTC shall be deemed accepted. If the amended GTC are objected to, both parties shall be entitled to terminate the contract. The customer may only transfer its 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. Further individual agreements must be in writing. This contract is exclusively subject to the law of the European Union. The place of jurisdiction for all claims in connection with this contract shall be Palma de Mallorca.