Terms and Conditions
General Terms and Conditions

§ 1 Scope and subject matter of the contract

§ 1.1 Our General Terms and Conditions apply to all offers, deliveries and services between us (ViBuCard S.L.) and our customers. The General Terms and Conditions thus form the basis for all contracts between us and you as a customer. We do not recognise any deviating terms and conditions of our customers unless we have expressly agreed to them in writing. Our General Terms and Conditions shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.

§ 1.2 Subject matter of the contract: We shall provide our services via a web-based application for the duration of the contractual relationship. The web-based application is operated and maintained on servers in Germany. Access to and use of our services is via the Internet using an Internet browser. No physical transfer of software to the customer shall take place. The application remains on our server at all times and is accessed via the ViBuCard URL on the recipient's device using an Internet browser. The application is used to display, transmit and exchange contact information of individuals or companies on a specially designed mobile web application. This simplifies and improves the exchange of contact information. In addition to the purely digital business card, we also offer various NFC-enabled products (review filters, key rings, rings, cards, etc.) for purchase. When these NFC accessories touch or approach an NFC-enabled receiving device, the corresponding data is transferred, linking to a customised profile page and enabling the exchange of contact details. The contact details themselves can be flexibly customised and updated at any time via a password-protected area. 
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§ 2 Conclusion of contract, contract term and contract duration
The prices for our products and services are listed on our website at www.vibucard.com or in the relevant agreement upon conclusion of the contract. Payment is made annually in advance, unless otherwise agreed. The prices quoted are valid at the time of conclusion of the contract and may change at a later date. In this case, we will inform the customer of the changes in good time and give them the opportunity to adjust or terminate the contract accordingly. When concluding a contract with a subscription, the contract term begins as soon as the customer's first payment has been processed. After expiry of the prepayment period, the contract is automatically extended by one year at a time, unless it is terminated by one of the parties with one month's notice to the end of the respective term.
§ 3 Right of withdrawal and return policy
If you are acting as a consumer, you have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform VibuCard S.L. of your decision to withdraw from the contract by means of a clear statement (e.g. by email or post). In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g. advantages of use) must be surrendered. If you have already made use of the contractual service in whole or in part, you must compensate us for the value. The right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at the express request of the customer before you have exercised your right of withdrawal. This is also the case if the digital profile has been created. The right of withdrawal described here does not apply to contracts with business customers and to individualised products (NFC accessories) that were delivered with a personal ID.
Sample cancellation form: If you wish to cancel the contract, please fill out this form and send it back to:
ViBuCard S.L.
 
info@vibucard.com
 
07015 Palma de Mallorca
Spain.
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I/we ( ) hereby withdraw from the contract concluded by me/us ( ) for the purchase of the following goods ( ) / the provision of the following service ( ):
 
__________________________________________________________________________________________
 
Ordered on ( ) / received on ( ) ______________________________________________
 
Name of consumer(s): ______________________________________________
 
Address of the consumer(s): ______________________________________________
 
Signature of the consumer(s) ______________________________________________ (only for paper notifications):
 
Date: ____________________________________________________(*) Delete as appropriate.

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§ 4 Prices and terms of payment
The prices for our products and services are listed on our website at www.vibucard.com/preise.html or in the relevant agreement upon conclusion of the contract. Payment is made annually in advance, unless otherwise agreed. The prices quoted are valid at the time of conclusion of the contract and may change at a later date. All prices are subject to change and non-binding. If prices change, we will inform the customer in good time and give them the opportunity to amend or terminate the contract. Payment shall be made by bank transfer to the account specified in the invoice or by another payment method accepted by us. If the customer defaults on payment, we reserve the right to charge reminder fees. In this case, the customer is obliged to bear the reminder costs incurred.
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§ 5 Delivery Terms and Shipping Costs
Delivery of the ordered products and services usually takes place within approximately 5–7 business days after receipt of payment. For purely digital products, no shipping costs apply. For shipping physical products, we charge a flat shipping fee of €8.95 per order within the EU. Additional costs, such as customs duties or taxes, may apply and shall be borne by the customer. Shipping costs and delivery terms may vary depending on the product and delivery location. We reserve the right to change delivery terms and shipping costs at any time and will inform the customer accordingly in good time during the ordering process.
§ 6 Retention of Title
We retain ownership of the delivered goods until the purchase price has been paid in full. The customer is obliged to handle the goods with care until ownership is transferred and to inform us immediately in writing if the goods are seized or otherwise subject to third-party interference. In the event of a breach of contract by the customer—especially in the case of late payment—we are entitled to repossess the goods. Our repossession of the goods shall not constitute withdrawal from the contract unless we have expressly declared this in writing.
§ 7 Warranty and Guarantee
§ 7.1 Warranty: We warrant that, at the time risk passes, the delivered products and services are free from material and manufacturing defects and have the contractually guaranteed characteristics. If defects occur, the customer must inform us without undue delay. The statutory warranty period is 2 years and begins at the time of delivery.
§ 7.2 Guarantee: We provide a guarantee for products with an NFC chip, which is limited to the statutory provisions within the EU. The guarantee period is also 2 years and begins at the time of delivery. If defects occur, the customer must inform us without undue delay. The guarantee does not apply to damage caused by improper use or handling.
§ 7.3 Availability Guarantee: We guarantee 99% availability of the web service on an annual average. Periods during which the web service is not accessible due to technical or other issues outside the control of VibuCard S.L. (e.g., force majeure, fault of third parties, etc.) are not included in the availability calculation.

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§ 8 Disclaimer of Liability
§ 8.1 We shall not be liable for improper use of our products and services by the customer. The customer is solely responsible for the security of their passwords and access data and is obliged to choose and use them carefully. We accept no liability for damage arising from the use of insecure passwords or access data. The customer is also obliged to pay for services that third parties use or order via the customer’s access data and passwords, insofar as the customer is responsible for this.
§ 8.2 The customer undertakes not to make available any content for retrieval or access that is pornographic, commercially erotic, violent, glorifying violence, racist, discriminatory, harmful to minors, inciting hatred against segments of the population, or extremist in nature (in particular right-wing extremist), nor any content that calls for criminal offenses or provides instructions for committing them. This also applies if such content is made accessible via hyperlinks or other connections that the customer places on third-party websites. We reserve the right to delete such content immediately and to block the customer’s access to our products and services.
§ 8.3 The customer expressly confirms that they hold all necessary authorizations to use and transmit digital content, including, for example, personal data and company-related data stored on the product. The customer assumes full responsibility for any claims by third parties arising from unauthorized use of such digital content. Upon request, we are entitled to require the customer to indemnify us against all third-party claims. The customer undertakes to compensate us for all damages incurred due to violations of third-party rights, including any costs of legal action such as attorneys’ fees and court costs. The customer also assures that they hold all duplication, usage, and reproduction rights to the content provided.
§ 9 Data Protection and Privacy Policy
We take the protection of our customers’ personal data very seriously and comply with the provisions of the General Data Protection Regulation (GDPR). We store and process personal data exclusively on our servers located in Germany. Further information on data protection and the individual provisions can be found in our privacy policy, which is available online at www.vibucard.com/datenschutz.html

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§ 10 Applicable Law and Place of Jurisdiction
The law of the European Union shall apply exclusively to all disputes arising from or in connection with this contract. The place of jurisdiction for all disputes arising from the contractual relationship shall be Palma de Mallorca, provided that the customer is a merchant, a legal entity under public law, a special fund under public law, or does not have a general place of jurisdiction within the EU.

§ 11 Miscellaneous Provisions
Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The statutory provision shall apply in place of the invalid provision. Amendments or additions to these Terms and Conditions must be made in writing. This also applies to the waiver of the written-form requirement itself. We reserve the right to amend these Terms and Conditions at any time. Changes will be communicated to the customer in due time. If the customer does not object to the amended Terms and Conditions within four weeks of receipt of the notification, the amended Terms and Conditions shall be deemed accepted. If the amended Terms and Conditions are objected to, both parties are entitled to terminate the contract. The customer may transfer its rights and obligations under this contract to third parties only with our prior written consent. We are free to transfer the contractual relationship to an affiliated company or to a third party that takes over the business or part of the business. Any further individual agreements must be made in writing.

This contract shall be governed exclusively by the law of the European Union. Palma de Mallorca shall be the place of jurisdiction for all claims in connection with this contract.