Terms of service

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Conditions
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contents

A) Conclusion of the rental agreement, shipping, delivery of the goods

B) Use of the goods

C) Retention of Title

D) Liability of the lessor

E) Use of virtual reality entertainment

F) Analysis of usage behavior

G) Final provisions

 

Inflight VR Software GmbH

Terms of Service

These general terms and conditions ("GTC") apply to all contracts that are concluded for services that are based on www.vr-firstrow.com, are offered ("online shop orders").

The contractual partner of the customer is Inflight VR Software GmbH, Edelsbergstrasse 8 in 80686 Munich ("Landlord") with the registration number HRB215357 (Register court: Munich District Court).

The agreements made between the landlord and the customer result exclusively from the following terms and conditions, the data protection declaration and the rental confirmation. Deviating or supplementary regulations of the customer do not apply. They do not apply even if the landlord does not expressly object to their inclusion.

The rental can also take place through the mediation of a stationary dealer used by the lessor as a sales partner, hereinafter referred to as "cooperation partner".

These general terms and conditions apply to all legal transactions between the landlord and a consumer (according to § 13 BGB of a "natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity").

 

A) Conclusion of the rental agreement, shipping, delivery of the goods

1 The contract is concluded with the landlord.

2 The presentation and description of the goods on the website of the online shop www.vr-firstrow.com does not constitute a contract offer.

3 By ordering goods by clicking on the “order for a fee” button at the end of the ordering process, a consumer makes a binding offer to conclude a rental agreement. Furthermore, the consumer can also submit the offer to the landlord by phone or email. The contract is only concluded when the lessor sends an order confirmation by email.

4 The text of the contract is saved with orders. Consumers receive an email with the order details and the applicable terms and conditions. After the conclusion of the contract, the order data can no longer be viewed online.

5 The statutory sales tax and other price components are included in the prices quoted. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.

6 The payment option (s) will be communicated to the customer in the landlord's online shop.

7 The customer assures that all the data provided by him when registering or ordering (e.g. name, address, email address, bank details) are correct and that he has not used any data from third parties. The customer undertakes to notify the landlord of any changes to the data immediately. The customer is liable for the misuse of the access data by third parties insofar as he is responsible for them. This can also mean that he is obliged to pay usage fees for goods that he has not ordered himself.

8 Unless the description of a selected product explicitly stipulates otherwise, delivery takes place within 7 working days.

9 The rental period begins when the goods are delivered by the supplier or when the goods are collected from the cooperation partner.

10 The delivery of the goods by the supplier is usually carried out by DHL. The customer undertakes to receive the goods at the agreed time. The customer bears any additional costs caused by the non-delivery of the goods by the supplier.

11 The customer undertakes to return the goods to the lessor at the agreed time. The customer bears the costs for the return transport of the goods.

12 Consumers generally have a right of withdrawal.

13 More detailed information on the right of cancellation can be found in the lessor's cancellation policy.

 

B) Use of the goods

14 The customer undertakes to use the goods only for the contractually agreed use, to handle them carefully, not to hand them over to third parties and to return them after use in a condition in accordance with the contract.

15 He is liable for all damage that occurs during the transfer of the goods through use contrary to the contract as well as for loss and theft. Excluded from liability are damage that can be shown to have existed before the transfer (e.g. manufacturing or material defects). Also excluded are damage that occurred during use in accordance with the contract (e.g. regular signs of wear and tear).

 

C) Retention of Title

16 The goods and all other components of the delivery remain the property of the lessor for the duration of the contract.

17 During the term of the rental, the customer may not allow a third party to use the goods without the prior written consent of the lessor, in particular not sell, give away, pledge, rent or lend. This does not apply to the free use of the goods by persons belonging to the customer's household.

18 The customer is obliged to keep the goods free of third party rights for the duration of the rental. 

 

D) Liability of the lessor

19 The landlord is liable in cases of intent or gross negligence on the part of the landlord or a representative or vicarious agent as well as in the event of culpable injury to life, limb or health in accordance with the statutory provisions.

In addition, the lessor is only liable in accordance with the Product Liability Act, due to the culpable breach of essential contractual obligations or if the lessor fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item.

21 The claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract.

22 Regulations of the preceding paragraph apply to all claims for damages (in particular for damages in addition to the performance and damages instead of the performance), regardless of the legal reason, in particular due to defects, the breach of obligations arising from the contractual relationship or from tort. They also apply to claims for reimbursement of wasted expenses.

23 The customer exempts the landlord from all claims that third parties may assert against the landlord due to improper, non-contractual or illegal use of the rented property, unless he is not responsible for this. In the event of an exemption, the customer will compensate the landlord for any damage that the landlord incurs due to improper, non-contractual or unlawful use, including any legal defense costs. The user informs the landlord immediately if third parties assert claims due to improper, non-contractual or illegal use of the goods and supports the landlord in legal defense.

 

E) Use of virtual reality entertainment

24 In the event of nausea, malaise or other physical impairments that have an effect on the customer's well-being, the customer may not use the VR glasses or their content.

25 Some people may experience discomfort, nausea, disorientation, blurred vision, motion sickness or other complaints when using VR glasses and their content. In the unlikely event that the customer develops one or more of these symptoms, the use of the VR glasses and their content should be discontinued immediately.

26 The landlord assumes no liability for the content of the VR entertainment shown.

 

F) Analysis of usage behavior

27 The customer agrees that data on user behavior may be collected for the purpose of improving the product and for marketing purposes. This data as well as the results of possible questionnaires in the VR experience may be evaluated and processed on an anonymous basis. Furthermore, the landlord is entitled to share the evaluation of the usage behavior and the results of the questionnaires on an aggregated basis with third parties, in particular the manufacturers of VR experiences. The landlord is not entitled to share personal data such as name, address or contact details with third parties. In addition, the landlord is not entitled to share data on usage behavior or the results of the questionnaires if these indicate the personality of the customer. An exception to this is the transfer of personal data to the manufacturer or owner of the goods in the event of loss, damage or theft of the goods by the customer. 

 

G) Final provisions

28 The law of the Federal Republic of Germany applies to the terms and conditions and the contractual relationship between the landlord and the customer. The application of German international private law and the UN sales law is excluded. If the customer is a consumer, the choice of law does not mean that he is deprived of the protection that is granted to him according to the mandatory consumer protection regulations of the law that applies to his habitual residence. The choice of law does not mean that he has to enforce his law in a foreign court

29 Should individual provisions of the GTC be ineffective, this does not affect the validity of the remaining GTC.


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