General business terms and conditions and customer information

I. General business terms and conditions

§ 1 Basic provisions

  • The following business terms and conditions apply to all contracts that you conclude with us as a supplier (vykon GmbH & Co. KG) via the website www.vysoft.eu or about acceptance of an offer. Unless otherwise agreed, the inclusion of any of your own conditions is not permitted.

  • A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can essentially be attributed to neither their commercial activity nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

  • We reserve the right to mention our customers on our website with their logo. Please let us know if you do not want us to do this.

§ 2 Conclusion of the contract

  • The subject of the contract is the sale of goods or the rental of software solutions.

  • When the respective product is placed on our website, we are making you a binding offer for the conclusion of a contract under the conditions specified in the item description.

  • The contract is concluded as follows:
    The goods/software solutions that are available for purchasing are specified in an offer. The contract is concluded when the offer is accepted.

  • Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

  • The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place by e-mail, automatically in some cases. You must therefore ensure that the e-mail address which you have given to us is correct, that the receipt of the e-mails is technically ensured and particularly that the receipt of the e-mails is not prevented by SPAM filters.

§ 3 Right of retention, reservation of ownership of hardware

  • A a right of retention can only be exercised if it is with regard to claims from the same contractual relationship.

  • The goods remain our property until the purchase price has been paid in full.

  • If you are an entrepreneur, the following also applies:

    • We will reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted until the reserved goods have changed ownership.
    • The goods may be resold as part of the ordinary course of business. In this case, you must assign to us all claims to the value of the invoice amount that you accrue from the resale to us now, and we will accept the assignment. You are also authorised to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
    • If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item as a proportion of the invoice value of the reserved goods in relation to the other processed items at the time of processing.
    • We are obliged to release the securities to which we are entitled by your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. It is up to us to select the securities to be released.

§ 4 Hardware warranty

  • The statutory liability for defects applies.

  • As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and inform us and the carrier of any complaints as soon as possible. Failure to comply with this does not affect your statutory warranty claims.

  • If you are an entrepreneur, the following applies notwithstanding the above-mentioned warranty provisions:

    • Only our own information and the manufacturer's product description are deemed to be agreed as the nature of the item, but not other advertising, public promotions and statements by the manufacturer.
    • In the event of defects, we shall provide a warranty by means of reworking or subsequent delivery at our discretion. If the elimination of the defect is unsuccessful, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have been unsuccessful after a second unsuccessful attempt, unless something else arises from the nature of the item, the defect or the other circumstances. In the event of reworking, we do not have to cover the additional costs which arise from transporting the goods to a location other than the place of fulfilment if the transport does not correspond to the intended use of the goods.
    • The warranty period is one year from delivery of the goods or, in the case of software rental, until the end of the contract period. The shortened deadline does not apply:
      • for culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
      • if we have fraudulently concealed the defect or given a guarantee for the condition of the item;
      • for items that have been used in a building in accordance with their normal purpose of use and have made it defective;
      • in the case of statutory rights of recourse that you have against us in connection with warranty rights.

§ 5 Usage rights regarding software rental

  • The lessor grants the lessee the non-exclusive right to use the software and run it on a specific computer.

  • An additional installation of the software, for whatever reason, requires another approval from the lessor.

  • If no approval is given, the software may not be used.

  • The lessee is not permitted to sell, give away, lend or sublet the software.

  • The lessee is not entitled to remove or circumvent the existing protection mechanisms of the program against unauthorised use, unless this is required to ensure that the program can be used without problems.

§ 6 Property right infringements

  • The lessor indemnifies the lessee from all third-party claims arising from infringements of property rights for which the lessor is responsible at his own expense. The lessee shall inform the lessor immediately of claims asserted by third parties. If the lessee does not inform the lessor immediately about claims which have been asserted, the right to indemnity shall expire.

  • In the event of property right infringements, and without prejudice to any claims for damages by the lessee, the lessor may carry out modifications at his own discretion and at his own expense which ensure that a property right infringement no longer exists with regard to the service concerned after prior consultation with the lessee, or acquire the necessary usage rights.

§ 7 Term

  • The handover of the software starts with operation or acceptance, and can be terminated in writing by giving 3 months‘ notice.

  • Termination for important reasons remains unaffected.

  • After the end of the contract the lessee must return or destroy all data media received from the lessor and backup copies which have been made, uninstall the software on all devices and irretrievably delete any remaining identifiable software residue from the IT system. At the request of the lessor, the lessee must confirm the fulfilment of the above-mentioned obligations in writing.

  • Any termination must be in text form to be effective (§ 126b BGB [Civil Code])

§ 8 Choice of law, place of performance, place of jurisdiction

  • German law shall apply. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country of the consumer's normal residence is not withdrawn (principle of favourability).

  • The place of fulfilment for all services from the business relationship with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual abode is not known at the time when the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

  • The provisions of the UN Sales Convention expressly do not apply.


II. Customer information

1. Identity of seller

vykon GmbH & Co. KG
Bavariafilmplatz 7
82031 Grünwald
Germany
Phone: +49 89 700 744 070
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information about the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of the contract" regulations in our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

  • The contract language is German.

  • We do not store the full text of the contract. Before the order is sent via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once we have received the order, the order data, the information which is required by law for distance contracts and the general terms and conditions will be sent to you again by email.

  • If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential features of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and payment terms

  • The prices listed in the respective offers and the shipping costs are total prices. They contain all of the price constituents, including all applicable taxes.

  • The shipping costs which are incurred are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, are shown separately during the course of the ordering process and must be covered by you additionally, unless free delivery has been promised.

  • If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must cover. You must also cover the costs incurred for the money transfer in cases where delivery is made to an EU member state but payment was made outside the European Union.

  • The payment methods which are available to you are shown under an appropriately designated button on our website or in the respective offer.

  • Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

  • The delivery conditions, the delivery date and any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.

  • If you are a consumer, the law states that the risk of accidental loss and accidental deterioration of the item which has been sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company which was not named by the contractor or another person to carry out the shipment.

  • If you are an entrepreneur, the delivery and shipment is at your own risk.

7. Statutory liability for defects

  • The liability for defects is based on the “Warranty” regulation in our General Business Terms and Conditions (Part I).

  • These terms and conditions and customer information were drawn up by the Händlerbund lawyers who specialise in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal compliance of the texts, and is liable in the event of warnings. More information about this can be found at: https://www.haendlerbund.de/agb-service.

    Last update: 07.12.2017


III. Right of withdrawal for consumers

(a consumer is any natural person who enters into a legal transaction for purposes which can largely not be attributed to their commercial or self-employed activities.)

Cancellation instruction

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day

  • on which you or a third party named by you who is not the carrier took possession of the goods, provided that you ordered one or more items as part of a single order and the items will be delivered uniformly;

  • on which you or a third party named by you, who is not the carrier, took possession of the last goods, provided that you ordered several items as part of a single order and these are delivered separately;

  • on which you or a third party named by you, who is not the carrier, took possession of the last partial consignment or the last item, provided that you have ordered goods that are delivered in several partial consignments or items;

In order to exercise your right of withdrawal, you must notify us (vykon GmbH & Co. KG, Bavariafilmplatz 7, 82031 Grünwald, telephone number: +49 (89) 700744070, e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but the use of the form is not mandatory.

To meet the cancellation deadline, it is sufficient if you send the communication regarding your exercising of of the right to cancellation before the cancellation period has expired.

Consequences of the revocation

If you revoke this contract, we must repay all payments which we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery which we have offered) immediately and no later than within fourteen days of the day on which we received the notification of your cancellation of this contract. We will use the same means of payment that you used in the original transaction to make this repayment, unless something else has been expressly agreed with you; under no circumstances will you be charged any fees for this repayment.

We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever took place first.

You must return or hand over the goods to us immediately and in any case within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline shall be deemed to have been met if you return the goods before the fourteen day period has expired.

You must cover the direct costs of returning the goods.

You are only liable for any diminished value of the goods if the diminished value is attributable to handling other than that which is required to establish the nature, characteristics and functioning of the goods.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and send it back.)

  • To vykon GmbH & Co. KG, Bavariafilmplatz 7, 82031 Grünwald, E-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it. :
  • I/ we (*) hereby revoke 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 consumer(s)
  • Signature of consumer(s) (only if notification is on paper)
  • Date

(*) Strike out where inapplicable.