General Terms and Conditions

§ 1 Subject matter of the conditions

These General Terms and Conditions of Business and License govern the legal relationship between Virtoon OHG, hereinafter referred to as Virtoon, and the customer for the purchase of tools, 3D samples or software via Virtoon's sales channels. The following provisions are addressed to both consumers and entrepreneurs. Whenever the term "customer" is used, it refers to both consumers and entrepreneurs, unless otherwise specified.

§ 2 Scope of application

These General Terms and Conditions of Business and License apply exclusively to all offers, deliveries and services as well as product or license agreements of Virtoon to the exclusion of any conflicting terms and conditions of the customer; Virtoon only accepts deviating terms and conditions expressly in writing. These General Terms and Conditions shall continue to apply if Virtoon performs the delivery without reservation in the knowledge of deviating terms and conditions of the customer. In case of delivery of software, the special license and other terms and conditions of the manufacturer apply in addition to our terms and conditions. By accepting the products, the customer expressly acknowledges their validity.

§ 3 Conclusion of contract (offer, confirmation and acceptance)

An order placed by the customer constitutes an offer to us to purchase products in accordance with these General Terms and Conditions. The customer's order, whether placed electronically, by telephone, fax or post, is binding as soon as the payment for the product price valid at the time of purchase has been credited to our accounts. Before sending his order via the Internet, the customer is given the opportunity to check the entries made in the online order form and thus to confirm the entries made or to identify and correct input errors before finally placing his order.

  1. All orders placed by the customer are subject to our subsequent acceptance. Before acceptance, an automatic confirmation of receipt of the customer's order is generated for online orders. This automatic confirmation does not constitute formal acceptance of the order by us, but is for your information only. Your order is accepted when the ordered goods are dispatched. As a rule, these are only dispatched and the contract is only concluded when the customer's payment for the product price valid at the time of purchase has been credited to the accounts of Virtoon OHG.
  2. We are free to have our services provided by third parties at our discretion.
§ 4 Assurances by the customer

The customer that all information provided by him when ordering the product is current and accurate in all material respects and that it is sufficient for us to fulfill his product order. Any additional costs incurred by Virtoon due to incorrect/incomplete address details shall be borne by the customer.

  1. The customer is responsible for maintaining and promptly updating the customer data with us with regard to its accuracy and completeness; the customer must also protect this data (and all passwords provided by us for the purpose accessing the website or purchasing products) against unauthorized access.
  2. The customer is obliged to pay for the service provided for all orders placed using their user ID and password. This obligation to pay remuneration shall only be waived if the customer can prove that an order placed using his user ID and password was not made possible by him through negligence or intent. Otherwise, the customer is not liable to pay compensation for an order placed using his user ID and password only if the customer has requested Virtoon to block his user access and password prior to the individual order and Virtoon had a reasonable period of time to block the user access and password between receipt of the customer's blocking request and receipt of the order.
  3. All warranties given in connection with these General Terms and Conditions apply to the customer on the condition that he is the user, but not the reseller, of the product.
  4. Warranties, promises or other obligations given in our name or in the name of the product manufacturer, licensor or supplier may only be accepted by the customer with our prior express written consent.
§ 5 Prices and terms of payment

Unless otherwise stated, all prices displayed on Virtoon's website are in the currency indicated on the website. The list prices at the time of ordering apply to delivery. All prices displayed are subject to typographical errors and other mistakes. Unless otherwise specified, the prices quoted are exclusive of VAT but exclusive of shipping or transportation costs to the agreed place of delivery (shipping costs are listed separately on the website and in our invoices). The customer agrees to pay the shipping or transportation costs for the products quoted by us at the time of purchase.

  1. Payments must be made prior to delivery using the methods on the website; payment methods deviating from these require our prior consent.
  2. A payment shall only be deemed to have been made when we can dispose of it.
  3. Payments must be made in full without prejudice to any complaints for short delivery or product defects.
  4. Bills of exchange or checks shall only be accepted by agreement and on account of performance and shall only be deemed payment after they have been honored. Discount and collection charges shall be borne by the customer. We accept no liability for timely presentation.
  5. If a payment by bank transfer, check or cash payment has not been credited to Virtoon's accounts within 14 days of placing the order or has not been received by us, we the right to remind you of your payment by e-mail or to cancel the order.
§ 6 Payment by credit card

When paying by credit card, the customer shall provide his full credit card details (holder name, card number, expiration date, KPN) for each order and hereby agrees that Virtoon may settle the order with the respective credit card company, in particular using the online procedure.
Virtoon protects the credit card data from unauthorized access by third parties within reasonable limits. The customer is aware that the possibility of unauthorized third parties gaining knowledge of this data cannot be excluded, particularly in the case of electronic transmission. The customer's credit card account is debited online as part of the order processing.

§ 7 Retention of title

We reserve title to the purchased item until full payment of all claims arising from the delivery contract, including ancillary claims (e.g. bill of exchange costs, financing costs, interest, etc.). If the customer acts in breach of contract, we are entitled to demand the return of the purchased item. Taking back or seizing the reserved goods does not constitute withdrawal from the contract.

§ 8 Delivery, delivery period

The ordered goods are delivered in accordance with the respective delivery information on our website.

  1. The agreed delivery period shall commence upon receipt of full payment by Virtoon or upon express written acceptance of the order.
  2. The delivery period may be extended by the time required by the customer to send data to Virtoon that is necessary to process the order.
  3. Delays in delivery caused by statutory or official orders (e.g. import and export restrictions) for which we are not responsible shall extend the delivery period in accordance with the duration of such obstacles. In important cases, we shall inform the customer immediately of the beginning and end of such delays.
  4. Partial deliveries by us are permissible insofar as this is reasonable for the customer.
  5. If Virtoon software to the customer electronically, in the form of a download link to download the software or parts of the software from our or third party servers, the customer is responsible for collecting the software. After receipt of the required data, the customer alone decides whether and when to download the software from Virtoon and/or the manufacturer's server.
§ 9 Right of use, license

Customer acknowledges that Virtoon does not grant customer any rights to use the Software; any rights to use the Software (including any conditions or restrictions on such rights of use) are granted to customer solely by Virtoon. The contents and scope of such rights of use, if any, granted by Virtoon are described in the license terms that customer receives upon purchase of the Software or that accompany the Software. If Customer (a) did not receive the license terms prior to purchasing the applicable Software and (b) does not use and has not used the Software and (c) does not agree to the license terms and does not wish to use the Software on the basis of such license terms, Customer may contact Virtoon and request a refund of the amounts paid for the Software in exchange for its return to Virtoon, but in such case Customer will not have any rights to use such Software.

§ 10 Data protection

You can view our complete data protection provisions under "Data protection".

§ 11 Warranty, exclusion of liability

Virtoon's warranty period is 24 months from the date of delivery.

  1. In the case of software, Virtoon does not warrant and is not liable that the functions of the software will meet the customer's specific requirements or work together with components in the customer's specific hardware configuration.
  2. Any warranty and liability is excluded for consequences caused by changes made by the customer or a third party to the goods or by improper handling or incorrect operation of the goods.
  3. Virtoon is not liable for the recovery of data unless Virtoon has caused the loss intentionally or through gross negligence and the customer has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort.
  4. If the customer is an entrepreneur, he has to notify Virtoon in writing or by e-mail of obvious defects of the product within 4 weeks after receipt of the product; the provisions of §§ 377, 378 HGB (German Commercial Code) apply additionally.
  5. If the customer is a consumer, he first has the choice whether the supplementary performance shall be effected by repair or replacement. However, Virtoon is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the purchase price (reduction) or rescission of the contract (withdrawal).
  6. If the customer is an entrepreneur, we are entitled, at our discretion, to remedy the defect or make a new delivery within the meaning of § 439 BGB. After the expiry of one year from receipt of the service, your warranty claims shall be limited to rectification of the defect or crediting of the current value at our discretion.
  7. Insofar as the customer is entitled to compensation for damages instead of performance, Virtoon's liability is limited to compensation for foreseeable, typically occurring damages.
  8. Any further claims of the customer in connection with a defective or incorrect delivery or breach of secondary contractual obligations upon delivery and any other liability of Virtoon for negligent breaches of duty are excluded, irrespective of the legal grounds on which they may be based (e.g. also tort, positive breach of contract and breach of duties during contract negotiations). In particular, Virtoon is not liable for loss of data, loss of profit and other financial losses of the customer that are attributable to the use of the products.
  9. The above limitations of liability do not apply to claims by the customer the damage is based on intent, gross negligence or the absence of a warranted characteristic, breach of material contractual obligations, delay in performance, impossibility, as well as claims under §§ 1, 4 of the Product Liability Act. In these cases, however, liability shall be limited to compensation for typical damage foreseeable at the time the contract was concluded. The same applies to gross negligence on the part of ordinary vicarious agents.
  10. Insofar as Virtoon's liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
§ 12 Right of withdrawal for consumers
  1. Customers who are consumers can revoke their contractual declaration within 14 days without giving reasons in writing (e.g. letter, fax or e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The revocation period begins after receipt of this instruction in text form, but in the case of delivery of goods not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery), in the case of provision of services not before conclusion of the contract, and both in the case of provision of services and delivery of goods not before fulfillment of the information obligations of Virtoon in accordance with Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as Virtoon's obligations pursuant to § 312 g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be sent to Virtoon OHG, Mathildenstr. 3, 72461 Albstadt, Germany or by e-mail to support.lizenzen(at)virtoon.de.
  2. Legal consequences of revocation
    1. In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. benefits of use or interest) must be surrendered. If the consumer is unable to return or surrender to Virtoon the goods or services received, or is unable to return or surrender them in part or only in a deteriorated condition, the consumer may have to pay compensation for lost value. Insofar as the provision of services is the subject of the contract, this may mean that the consumer must nevertheless fulfill the contractual payment obligations for the period up to the revocation. The consumer only has to pay compensation for the deterioration of the item if the deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the item, as is possible and customary in a store, for example. In addition, the consumer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as if it were his property and refraining from doing anything that could impair its value.
    2. Goods that can be sent by parcel post are to be returned at the risk of Virtoon OHG. The consumer has to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods. Otherwise the return shipment is free of charge for the consumer. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the consumer with the dispatch of his declaration of revocation or the goods, for Virtoon with their receipt.
    3. In the case of a service, the consumer's right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer has exercised his right of withdrawal.
    4. In accordance with Section 312d (4) BGB, the right of withdrawal does not apply to distance contracts for the delivery of goods:
      1. Goods that are manufactured according to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature (this includes the purchase of software and software licenses by means of a download) or
      2. audio or video recordings or software, provided that the delivered data carriers have been unsealed by the customer.

End of the withdrawal policy

§ 13 Place of performance, place of jurisdiction, severability clause

The sole place of jurisdiction be the court with local jurisdiction for Virtoon if the customer is a merchant within the meaning of § 38 ZPO, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in the Federal Republic of Germany.

  1. If the customer does not have a general place of jurisdiction in Germany or if he loses his domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract, our registered office shall be the place of jurisdiction. This shall also apply if the domicile or habitual residence is not known at the time the action is filed.
  2. The law of the Federal Republic of Germany shall apply. The provisions of the Vienna UN Convention of April 11, 1980 on Contracts for the International Sale of Goods (UN Sales Convention) shall not apply.
  3. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other agreements or provisions. The invalid provision shall be replaced by the statutory provision.