Terms & Conditions
Last changed: March 22, 2024
1. For whom are these terms and conditions of business applicable?
These terms and conditions of business apply to all contracts concluded between the customer and the vendor. For the purpose of these T&Cs, customers are both consumers and entrepreneurs. Consumers are natural persons who conclude the legal transaction for purposes that can be attributed to neither commercial nor independent professional activities. Entrepreneurs are natural persons, legal entities or legal partnerships that exercise their commercial or independent professional activity in the conclusion of the legal transaction.
2. With whom and how does the contract come into effect? Is the contract text stored? What dispute resolution options are available?
2.1 In the event of contractual agreement, the contract is concluded with
eachTick GmbH
André Weinhold (CEO)
Mohrenstraße 20
50670 Cologne
GERMANY
Email: info@eachtick.com
Phone: +49 (0) 221 - 78 94 41 75
2.2 The presentation of products on our website does not constitute a legally binding offer from us, but is provided solely for informational purposes.
2.3 To purchase a product or service from us, the prospective customer contacts us (via email, telephone, online meeting, or in person). Upon request, we provide the prospective customer with a non-binding offer. Subsequently, the prospective customer can commission us. The details regarding payment terms and scope of services are individually agreed upon with the prospective customer and documented in the offer.
3. What prices, delivery and payment conditions apply?
3.1 The prices, delivery, and payment conditions are valid according to the created offer.
4. How can I cancel my contract?
Consumers have the right of revocation. The contract can be cancelled under the following conditions:
Right of revocation
The following applies to consumers:
Cancellation policy
You have the right to cancel this contract within fourteen days without citing grounds for doing so. The cancellation deadline is fourteen days from the date of contractual conclusion.
To exercise your right of revocation, you must send an unambiguous declaration to
eachTick GmbH
André Weinhold (CEO)
Mohrenstraße 20
50670 Cologne
GERMANY
Email: info@eachtick.com
Phone: +49 (0) 221 - 78 94 41 75
(e.g. a letter by post or email) informing us of your decision to cancel this contract. You can use the sample cancellation form enclosed, although this is not mandatory.
In order to comply with the cancellation period, it is sufficient to dispatch notification of your decision to exercise your right of revocation before the cancellation deadline passes.
Consequences of revocation
If you cancel this contract, we shall reimburse all payments received from you with immediate effect and within no more than fourteen days of the date on which we receive the notification of your withdrawal from this contract. When reimbursing your payment, we will use the method of payment that was used for the original transaction unless we have expressly agreed otherwise with you. You will not be charged for this refund under any circumstances.
If you have requested that we commence performance during the cancellation period, you will be required to pay us an appropriate amount to cover the partial services delivered as a proportion of the overall scope of services set out in the contract. Grounds for exclusion or ineffectiveness
The right of revocation does not exist or ceases to exist with the following contracts: with the delivery of digital contents (including downloads) that are not supplied on a physical digital data carrier, if you have expressly consented to execution before the order and have confirmed at the same time that we can commence with execution and you lose your right to revocation as soon as execution commences.
5. What delivery and dispatch conditions apply?
5.1. Unless otherwise stated in the offer, the delivery period is a maximum 14 working days from receipt of payment.
6. Rights of use
6.1 The utilisation options granted to the customer only permit use of the software and contents set out in the respective product description per the scope described herein. Unless otherwise specified in the respective offer, this is a simple licence for use that permits the customer to save one copy of the download product for their personnel use on their computer or on another electronic device.
6.2 Further to this, our licence conditions apply and can be viewed at: https://www.virtofy.com/en/license/ .
6.3 The granting of rights only becomes effective once the customer has settled the remuneration owed in full.
7. Retention of title
We reserve the proprietary rights to all products we supply until payment has been received (with entrepreneurs: until payment of all our claims arising from the business relationship).
8. What warranty rights do I have?
8.1 The statutory warranty applies unless otherwise specified.
9. What liability conditions apply?
9.1 In accordance with the legal regulations, the vendor shall be liable without limitation for damages due to the injury to life, body or health, which arise due to a wilful or negligent violation of obligations, and for other damages that arise due to a wilful or grossly negligent violation of obligations, as well as malice. Furthermore, the vendor shall be liable without limitation for damages covered by liability according to statutory legal regulations, such as the Product Liability Act, and where guarantees have been provided.
9.2 In the case of damages that are not covered by point 9.1 and that are the result of simple or minor negligence, the vendor shall be liable insofar as this negligence pertains to the infringement of contractual obligations, the fulfilment of which is essential for the correct execution of the contract and the fulfilment of which the customer should be able to regularly rely upon (so-called cardinal duties). In this case, the liability of the vendor is restricted to contract-typical, foreseeable damages.
9.3 In the event of violations of such contract obligations arising due to minor negligence, which are not covered by point 9.1 or point 9.2 (so-called minor contractual obligations), the vendor shall be liable to consumers - this is limited to contract-typical, foreseeable damages.
9.4 Any further liability is excluded.
10. Data protection
10.1 We shall only acquire, use and save personal data insofar as necessary in order to fulfil the contract concluded with us.
10.2 Further to this, our privacy policy applies and can be called up via the following link: https://www.virtofy.com/en/privacy/
11. Final provisions
11.1 The law of the Federal Republic of Germany applies. This choice of law shall only apply to consumers, who conclude the contract for non-professional or non-commercial purposes, if the granted protection has not been withdrawn through compelling provisions of the law of the state in which the consumer has their usual place of residence.
11.2 The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN sales law) is excluded.
11.3 The contract language is German.