Terms & Conditions

Terms & Conditions

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 via our online shop https://shop.virtofy.com/ . 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@virtofy.com
Phone: +49 (0) 221 - 78 94 41 75

2.2 The presentation of products in our online shop does not constitute a legally binding contract offer on our part, but rather a non-binding invitation to customers to order these products. By ordering the desired product the customer submits an offer, which is binding on their part, to conclude a purchase agreement.

2.3 When this order is received in our online shop, the following provisions apply: The consumer submits a binding contract offer by successfully completing the order process operated in our online shop.

The order takes place through the following steps:

  1. Select the desired product
  2. Confirm by clicking on the button “Add to basket”
  3. Check the information in the basket
  4. Press the “Checkout” button
  5. Select the payment method.
  6. Final check and correction of the data entered.
  7. Binding placement of the order takes place by pressing the “Purchase” button and accepting the T&Cs.

Prior to binding placement of the order, the customer is able to access and check their information once again by pressing the “Back” button on their internet browser and returning to the web page on which the customer information is logged. Here, the customer can correct any erroneous entries or cancel the order process by closing the internet browser. We confirm receipt of the order immediately with an automatically generated email (“order confirmation”). With this confirmation, we accept your offer.

2.4 Storage of the contract text with orders via our online shop: We save the contract text and send you the order details and our T&Cs by email.

2.5 The European Commission has set up a platform for the settlement of disputes between consumers and online vendors, in accordance with Art. 14 Section 1 of the ODR directive. This is the so-called OS platform. You can utilise this dispute settlement system in case of disputes with us. To access the platform, please click on the following link: https://ec.europa.eu/consumers/odr .

3. What prices, delivery and payment conditions apply?

3.1 The prices displayed on our website at the time of order placement apply. We reserve the right to correct any obvious errors.

3.2 Unless the product description of the vendor says otherwise, the prices quoted include the statutory VAT (currently 19%) and other price components.

3.3 The customer is informed of the payment methods available in the vendor’s online shop. The customer always has the option of payment via Paypal and the Unzer system.

3.4 If prepayment via bank transfer is agreed, payment falls due immediately after the contract is concluded unless the parties agree a later payment date.

3.5 If one of the Unzer payment methods is selected (for an overview of the payment methods available visit: https://www.unzer.com/de/zahlungsmethoden/) , the payment transaction is processed via the payment service provider Unzer GmbH, Vangerowstr. 18, 69115 Heidelberg (referred to in the following as “Unzer”), to whom the vendor transfers their payment claim. Before accepting the declaration of assignment of the vendor, Unzer performs a creditworthiness check using the transmitted customer data. The vendor reserves the right to refuse the payment method from the customer if their creditworthiness check is negative.

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@virtofy.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.

Download cancellation form

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/legal/ .

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.virtoy.com/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.