General Terms and Conditions of Business

§1 Subject-matter of the conditions
All agreements, services (even downloads and electronic deliveries such as emails) and other services (including consultation services) by VBvisual are governed by these Terms and Conditions of Business. Divergent and/or complementary agreements require the explicit and written approval from VBvisual. We hereby expressly exclude any deviating general terms or conditions proffered by the contract partner.

§2 Offer and formation of contract
All our offers, whether on the Online Shop, in catalogues, advertisements, oral or by telephone, email or otherwise are subject to change. The information contained in VBvisual’s Online Shop is an invitation to bid; it is not VBvisual’s offer for the delivery of goods or services. By ordering VBvisual’s goods or services, you are making a bidding to VBvisual to acquire the products and services in question respectively. We reserve the right to accept or reject this offer.
The agreement shall be concluded upon our confirmation or execution of the order.
By opening the original packaging and downloading the goods, the buyer acknowledges these general terms and conditions of business and licence agreement. Amendments require the written confirmation of VBvisual.
Deviations require the written confirmation of VBvisual.

§3 Prices
All prices are quoted ex-work plus the legally required tax.
The prices of products or services are displayed on the Online Shop. It is indicated each time whether VAT is included in the price or not.
Change in prices may occur at any time.
Prices shown do not include shipping costs. These amounts are charged in addition.

§4 Delivery
After receiving your order, VBvisual shall execute and deliver your order or make the desired goods available for downloading.
VBvisual will use its reasonable endeavours to deliver the ordered goods within the specified delivery time of your chosen and paid shipment method.
Only agreed upon in writing delivery periods are binding.
Outside VBvisual’s control delivery delays such as industrial actions, force majeure, statutory regulations, official decrees, etc, may prolong delivery times.
Purchase price depends on the shipment mode of choice, payable in advance or on delivery. When the buyer or the recipient delays payment, VBvisual has the right to refuse delivery as well as further deliveries from other contractual relationships.
In case VBvisual is unable to or can only in part deliver the agreed goods, the buyer has the right to withdraw from the agreement. Additional claims for damages are excluded, unless intention or gross negligence of vendor. VBvisual shall not be responsible for loss, costs, damages, charges or expenditures due to untimely delivery. As a result there is no right of recession.

§5 Transfer of risk
All shipments, also possible returns, are at the buyer’s cost and risk. Risk of loss or damage is transferred to the buyer upon shipment. This applies also to the cases where VBvisual bears transport costs. Complaints due to damage in transport are to be claimed directly by the buyer against the transportation company within the specified deadline. There will be no compensation for goods lost or damaged during transport.

§6 Warranty and Liability
Complaints regarding defects, wrong deliveries and quantity shortfalls should be promptly asserted in writing, indicating the complaint, the latest within 14 days from the date of reception of the goods. Otherwise, goods are regarded as having been approved.
Should quantitative shortfalls be proven, VBvisual will supply the deficit.
We are entitled to examine ourselves the defective goods sent immediately by the customer at their expense.
The right of return is excluded for all downloaded products as well as goods where the packaging has been opened.
In case of justified timely notice of defect, VBvisual is liable and obligated to replace. Should justified defects occur again, the buyer has the right to a reduction of the purchasing price or cancellation of the purchasing agreement.
Software is carefully checked by us. VBvisual guarantees that the software is free from material defects and errors and for the intended use for a time period of 90 days from the date of the delivery. In case of an enforcement of the warranty claim, VBvisual is obliged to replace the software or refund the purchase price. Any further liability is excluded. Liability for damages due to improper installation and/or wrong use by the buyer or third party is excluded.
VBvisual does not assume liability for either specific or direct/indirect damages, or consequential damages (including and without limiting damages due to loss of business profits, business interruption, loss of business data or any other such loss) arising from the use of the software, either.
However, the following license agreement is valid.

§7 Retention of title
VBvisual reserves the property rights to delivered goods pursuant to § 455 of the German Civil Code (BGB) as long as we have unsettled claims originating from the commercial relations with the buyer.
The buyer shall be entitled to use the goods being our property in the course of proper business transactions, provided the they are meeting the obligations arising from the commercial relations with us, in due time.
In event of default in payment, VBvisual is entitled to demand temporary return of the goods to which we have title at the buyer’s expense, even without withdrawing from the contract or granting an extension, or to levy default interest at the rate of 5% above the current basic interest rate pursuant to § 1 of the Discount Rate Transition Act (DÜG). (Upon expiry of the basic interest rate on 31.12.2001, it was replaced by the controls of the European Central Bank, which in its function corresponds best to the basic interest rate.)
Commercial buyers are entitled to resell in the regular course of business. For security, the buyer transfers to VBvisual any claims arising from resale. They are entitled to collect transferred claims so long as they fulfill their payment obligation to VBvisual as provided in the agreement. An assignment as pledge or transference as security is forbidden; seizures by third parties shall be immediately objected to. Third parties claiming the reserved goods should immediately submit to VBvisual all necessary documents regarding the enforcement of title retention.

§8 Data storage
VBvisual has the right to process and store the data about the buyer regardless whether these were provided by them or third parties, in conformity with the Federal Data Protection Act.
For VBvisual, the responsible handling of personal data is a matter of course. VBvisual uses the data exclusively to provide services and to improve customer relations. VBvisual guarantees not to pass personal data on to other companies or third parties for commercial purposes.
§9 Amendments
VBvisual reserves the right to modify and amend the present terms and conditions at any time.

§10 Final provisions
The invalidity or unenforceability of individual clauses of these terms and conditions does not affect the validity of the remaining provisions. The ineffective or unenforceable regulation shall be replaced by an effective one that is nearest to the economic purpose of the ineffective or unenforceable regulation. The same applies in the case of gap. Place of execution for all deliveries and payments and jurisdiction is Düsseldorf, registered office of VBvisual GbR. The contractual relationship shall be subject to the German Federal Law.

© VBvisual 2009
 

License Agreement

With the opening of a physical VBvisual.com product or with the download of any digital file created or distributed by VBvisual the buyer recognizes the validity of this license agreement.

1. Object of License
Object of this license agreement is any kind of digital data, which a buyer directly or indirectly obtains from VBvisual.com by buying a CD-ROM or other medium or by download or any other electronical way. Theese data are hereafter mentioned as SOFTWARE in the terms of this license. The license for this software is granted to the user in accordance with terms set out in this agreement, for the specified duration and price.
Please note VBvisual provide the software AS IS and as such cannot guarantee that every combination of the software will work 100% error free on all applications.

2. Scope of License
VBvisual grants their licensees the right (called license) to use the software on a single computer for the duration of the license.
For computers connected via network, a network license is necessary.
You may produce a personal backup copy of the software but may not make this available to third parties. You may not transfer the software to other users or computers via network or other form of data transmission.
The licensee obtains the right to use the software. The licensee has no further rights relating to other parts of the the software.
VBvisual reserves all rights of publication, copyrights and modification of the software or any part of it.
If additional rights are needed for special projects special licensing can be obtained by VBvisual License agreement and conditions of use of this special licensing are not part of this agreement.

3. License Violation
A license automatically ceases to exist, if the terms are violated. In this instance, the licensee is obliged to return all copies of the original software, updates, and proprietary material upon demand, and without delay.
The buyer agrees to indemnify, defend and hold VBvisual or their affiliates harmless from any claim or liability of any kind, loss or damages arising from license violation in any form.

4. Modification of Data
The licensee obtains the right to modify the software or parts of the software only for his personal use.

5. Transmission of Data
The licensee obtains the right to publish and sell the results of his work achieved with the help of the software with his own licensing.
Excluded from this right ist the original or modified software itself and any part of it.
Example: A Film produced by using Vbvisual.com 3d plants ant textures can be ditributed, sold and licensed. The original 3d data and textures may not be given away as long as they contain any part of the software. If a customer requests the delivery of the 3d data and textures he needs to buy an own license.
The original or modified software or any part of it may not be resold, published or relicensed in any way.
New commercial or non commercial software products may not be produced with the help of the software.

6. Compensation in Case of License Violation
VBvisual will proceed in the event of copyright breach in accordance and to the full extent of current law.

7. Terms of Service
Our latest terms of service are available at our website.

8. Warranty and Liability
VBvisual.com guarantees that the submitted data (data carrier or download) contain a working functional copy of the software. The software is operable under normal and correct conditions.
If the data carrier should become defective within the license duration, the licensee has the right to request and receive a replacement copy of the software. The replacement copy will be supplied, if the licensee sends the damaged data carrier and a copy of the original invoice to VBvisual.
The software is provided AS IS. VBvisual does not guarantee a 100% error free software. The user purchases and uses this software AT HIS OWN RISK. This applies also to all accompanying written material.
VBvisual does not guarantee the compatibility of the software with other programs used by the buyer.
The user may return the software if within a short period of use it should transpire that its functionality does not correspond to the fitness of purpose. Without having bearing upon other legal consumer rights, once this period is surpassed it is assumed that the product is fit for purpose, and may therefore not be returned, the terms of the license remain unaffected.
VBvisual is not liable for damages which were directliy or indirectly caused by the use of the software, other than those that could be construed as by gross carelessness, or malicious intent from VBvisual.
VBvisual is not liable for the performance or services of vendors.
Before using it the buyer has to check the software for viruses and other damaging data.
In any event maximum compensation for damages is the products price of sale for the licensee, multiplied by 10.

9. License Modifications And Additions
Modifications and additions to this license need to be verified in writing by VBvisual
If one or several terms of this license should no longer be valid or become invalid, the other terms are not affected.

10. Place of Performance And Place of Jurisdiction
Place of performance for all obligations from the license agreement for VBvisual is Düsseldorf, .
All disputes regarding the license agreement and a termination of a license agreement are subject to German law.
Place of jurisdiction is Düsseldorf, .

© VBvisual 2009