General Terms and Conditions

Version of June 6, 2009

 

1. Scope

These General Business Terms and Conditions shall apply to all agreements related to online services (hereafter referred to as “Online Training”), which video2brain as the entrepreneur concludes with consumers (hereafter referred to as “Customers”) exclusively using one or more means of long-distance communication, such as telephone, letter, fax, e-mail or a web-based form. Any deviating terms and conditions of the Customer are subject to video2brain’s express written acknowledgement.

 

2. Seller

The Seller is

 

video2brain GmbH (hereafter referred to as “Seller”)

 

Idlhofgasse 31

8020 Graz

Austria

 

VAT no.: ATU64207557

Tax ID no.: 330/6583

Company register no: 310510h

Managing Director: Christoph Schreinlechner

 

Phone +43 720 80 50 00

Fax +43 720 80 50 00 99

 

E-mail shop@video2brain.com

 

3. Pricing

3.1 The purchase price agreed upon for the ordered Online Training shall be the price stated upon the Seller’s web site or in the Seller’s brochures, on the Seller’s price lists, etc. at the time of ordering. The Seller is entitled to cancel the agreement in the event of typing, printing and/or computing errors.

3.2 All prices for Online Training include Austrian VAT (20%) as well as all other levies and surcharges.

 

4. Conclusion of a contractual agreement

4.1 The Customer’s order shall be deemed a binding offer for the conclusion of a purchasing agreement for the Online Training that he or she has ordered. The purchasing agreement becomes effective if the Seller either expressly accepts the order or actually fulfills the order by providing the Customer access to the ordered Online Training within fourteen (14) days after the Seller receives the order. After this period ends, the Customer shall no longer be bound by the order and the purchasing agreement shall be considered as not concluded.

4.2 The Customer submits an offer to conclude a purchasing agreement by successfully completing step three (3) of the online ordering process.

4.3 During the ordering process, the Customer shall have the opportunity to review the information he or she has provided before submitting the order to the Seller.

 

5. Delivery

5.1 The Seller shall grant access to the ordered Online Training without any unreasonable delays, but no later than thirty (30) days after the order has been placed. If special reasons prevent the timely execution of an order, the delivery period may exceed thirty days. In the event that the Online Training is not available at the time of purchase, the Customer shall be notified without delay as soon as the Seller becomes aware of it, and the Seller may cancel the agreement. The Customer is not entitled to make any claims based upon the impossibility of contractual performance.

5.2 No claims for price reductions may be asserted in cases of a temporary, short-term non-availability of the Online Training at a later point in time.

5.3 The Seller shall make the Online Training, which is the object of the purchased service, available for a period of twelve (12) months after the agreement has been concluded.

 

6. Payment, time of payment and payment default

6.1 The Customer must immediately pay the purchase price without any discounts and without imposing any transaction fees on the Seller. Currency-related regulations must be adhered to. The Customer must pay any charges for currency exchange. The Customer may not offset his or her own claims against the Seller’s.

6.2 The Customer may choose among the following payment methods: credit card (MasterCard, Visa), PayPal or direct debit (currently only available in Germany). If payment is made by credit card, the transaction will appear on the credit card statement under "www.video2brain.com".

6.3 A default in payment, even if it affects only a portion of the purchase price, is subject to interest of 5% above the relevant discount rate set by the European Central Bank plus compound interest of the same amount. The Seller reserves the right to make claims for any damage resulting from the payment default.

6.4 In the event of payment default, all expenses associated with the collection of payment claims, such as warning letter charges and the costs of legal representation in and/or out of court, must be paid by the Customer. The Seller is not required to remind the Customer.

 

7. Access rights

7.1 Unless otherwise stated or agreed upon with the Seller, the Customer shall be granted the right to use the Online Training as a single concurrent user.

7.2 Disclosing access data or transferring the access right to any third party is not permitted. The Customer must ensure that no third party gains access to his or her access data.

7.3 In the event that the Seller has a reason to believe that the Online Training has been used without permission or has been misused, the Seller has the right to take appropriate measures after notifying the Customer. These measures include, but are not limited to, changing the password of the affected user account, suspending access and deleting the affected user account.

 

8. Right of rescission

8.1 By granting access to the ordered Online Training, the service shall be considered as rendered; thereafter, rescission shall be excluded.

8.2 The Customer shall have the opportunity to review the suitability of his or her devices and Internet connection for the Online Training before purchasing it by using the sample products and videos provided free of charge. As a result, incompatibility with one or more of the Customer’s systems shall not constitute a right of rescission.

 

9. Warranty and liability

9.1 Liability for any defects in the Online Training shall be based upon applicable law regarding product warranty. However, the Seller is entitled to exchange or replace a defective product. Any claim for a price reduction may only be made after an appropriate period to remedy any defects has passed. As regards other claims, in particular claims for damages (consequential damage owing to the defects), including lost profits, damage owing to delays, etc., the Seller shall be liable only for gross negligence or intent.

9.2 Furthermore, the Seller shall not be liable for the contents of the Online Training, particularly for the form- or content-related accuracy and lawfulness of the statements, texts, images, audio or audio-visual media, source texts, instructions, etc. related to the Online Training.

9.3 The materials included in the Online Training, such as programs or program components, are exclusively intended for training and demonstrational purposes and may not be used in production environments, particularly in mission-critical areas.

9.4 Unless otherwise required by law, this disclaimer shall also apply to any liability in accordance with the Produkthaftungsgesetz [Product Liability Act] as well as for claims against the Seller’s employees, contractors, institutional bodies or vicarious agents.

9.5 The Seller shall assume no liability for technical disruptions affecting its online store. The Seller also reserves the right to discontinue operations at any time; however, the Seller must properly fulfill all obligations set forth in agreements already concluded.

 

10. Privacy and promotions

10.1 The Customer agrees that the Seller may collect, save and process his or her personal data, such as the first name, last name, postal code, address, telephone number, fax number, e-mail address, birth date and bank details, using automated systems for the purpose of the conclusion of the agreement and the fulfillment of the obligations resulting from the contractual relationship.

10.2 The Customer may subscribe to a newsletter featuring current product information, interviews with experts as well as practical tips upon the Seller’s web site regardless of whether he or she makes a purchase or not. The newsletter is published at irregular intervals, usually once per month. The Customer may at any time unsubscribe from the newsletter by using a link in the newsletter or by going to the “My video2brain” section on the Seller’s web site.

10.3 Use of Facebook Social Plugins: Our web site leverages social plugins ("Plugins") provided by the social network www.facebook.com, run by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The Plugins can be recognized by one of the Facebook mnemonics (either a white "f" on a blue tile or a thumbs-up icon) or the "Facebook Social Plugin" caption. A list of Plugins and corresponding art can be found at http://developers.facebook.com/plugins.

 

If you visit a web page on our site that includes a Plugin, your web browser will directly connect to Facebook servers. Your web browser will directly retrieve the Plugin’s content and incorporate it into the web page. As a result, we do not have control over the volume of data Facebook collects by means of the Plugins, and we therefore would like to advise you of the following information based on our knowledge:

By integrating Plugins, Facebook comes to know that you are visiting a certain web page on our site. If you are logged on to Facebook, Facebook will be able to assign your visit to your Facebook account. If you interact with Plugins, e.g. hit the "Like" button or post a comment, Facebook will obtain the corresponding information directly from your web browser and store it. Even if you are not a member of Facebook, there is a possibility that Facebook will get to know and store your IP address.

If you want to learn more about the purpose and scope of data collected by Facebook and the way Facebook processes and uses that data as well as about your rights and options to protect your privacy, please review Facebook’s privacy policy at http://www.facebook.com/policy.php.

If you are a member of Facebook and do not want Facebook to collect data about you via our web site and assign it to your Facebook membership profile, we recommend that you log out of Facebook before you visit our web site.

Alternatively, you can block Facebook social plugins by using special add-ons for your web browser, including, but not limited to, Facebook Blocker, which can be found at  http://webgraph.com/resources/facebookblocker/

 

11. Third-party rights (copyrights)

11.1 The Customer acknowledges that third-party rights, particularly copyrights and other intellectual property rights, apply to the purchased goods. He or she is required to use the purchased goods only in accordance with the agreement and/or applicable law and to strictly comply with any licensing terms and conditions. This applies in particular to any linguistic work, including software, databases as well as image, video and/or audio material.

11.2 Subclause 11.1 shall apply to the Seller’s rights with regard to his or her web site and its contents, such as texts, graphics, logos, trademarks, titles, programs, price lists, databases and other products and services.

 

12. Place of performance, applicable law, partial invalidity and place of jurisdiction

12.1 The place of performance shall be Graz, Austria; these General Terms and Conditions are governed by Austrian substantive law exclusive of its reference norms and the United Nations Convention on Contracts for the International Sale of Goods.

12.2 If any provisions of these General Terms and Conditions conflict with applicable law or are invalid, the remaining provisions shall remain in effect.

12.3 For any disputes arising out of this agreement, the place of commercial jurisdiction shall be Graz, Austria.

 

13. Notes about online payments and online products

13.1 All data obtained from the Customer/card holder shall be kept strictly confidential.

13.2 The transaction and entry of data is carried out in a browser window protected by SSL encryption.

13.3 Upon the Customer’s credit card statement, the payment shall appear under "www.video2brain.com".

13.4 Inquiries about online payments shall be responded to as quickly as possible but no later than after two business days.

13.5 The Customer should keep transaction data and notifications in a place that is easily accessible to him or her.

13.6 The Customer’s credit card shall be charged after the goods have been delivered in full or the service has been rendered in full. If the order involves an online product, the credit card shall be charged immediately after the purchase is completed.

13.7 If an online product is purchased, the purchasing agreement is fulfilled as soon as the user account for the purchased online product has been activated. Invoicing shall be done at the same time. The Customer agrees that the invoice will be submitted in electronic form to the e-mail address specified by him or her.

Note: The German language version of these General Terms and Conditions shall be the version used in the event any dispute arises hereunder. The English translation of these General Terms and Conditions is for convenience only and shall not be used by the parties or any court when interpreting or construing these General Terms and Conditions.