Terms of service
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Visionize) via the visionize.to
website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to
every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) .
(2) As soon as you place the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online
shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart"
. You can call up the "shopping cart" using the corresponding button in the
navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering the personal data as well as the payment and
shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your payment method, you will either be
taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, choose and/or enter your data as appropriate. Finally, on the website of the
provider of the instant payment system or, after you have been directed back to our online shop, the order data will be displayed as an order
overview.
Before submitting the order, you have the option once more to review or change (you may also use the "Back" button on your web browser)
any information on the order summary page, or to cancel the purchase.
By sending the order via the corresponding button ("order with obligation to pay"
,
"buy" / "buy now"
,
"order with obligation to pay"
,
"pay" / "pay
now" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and
that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a
SPAM filter.
§ 3 License to use digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the
respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.
(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive right of use for an
unlimited period of time, in particular the permission to save and/or print out a copy of the digital content for your personal use on your
computer or other electronic device.
You are not entitled to rent out the digital content that is subject of the contract or parts thereof or, charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.
, to sublicense it either for a fee or free of
§ 4 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout"
, the payment will be processed via the payment service provider
PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal"
will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process.
"PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these
separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments"
, the Shopify Payments service provided by Shopify International Limited (2nd
Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing will be handled by the payment service
provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment
methods via Shopify Payments are displayed on our website under a correspondingly labelled button and in the online ordering process.
Stripe may use other payment services for payment processing; if special payment terms apply, you will be notified separately. For more
information about Shopify Payments, please visit https://www.shopify.com/de/legal/terms-payments/de.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Warranty(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is
delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were
informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) The buyer is advised that the use of the provided fastening products (e.g., adhesive tapes, hooks) may potentially cause damage to surfaces such as walls, doors, or furniture. The seller shall not be liable for any direct or indirect damage resulting from the use of these products, to the extent permitted by law.
§ 7 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by
the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt
principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Visionize
Großalmeroder Straße 15
34123 Kassel
Germany
Telephone: +4917645613102
E-Mail: contact@visionize.to
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved
using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling
contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our
website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you,
insofar as free delivery is not confirmed.
5.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment
is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded
become payable immediately.
6. Delivery conditions, Provision
6.1 The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and conditions
of the provision of digital content can be found under a correspondingly designated button on our website or in the respective offer.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. Thiscondition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has
otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly
checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings
are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.