General terms and conditions


the holoride GmbH with its registered office in Munich,
entered in the Commercial Register of the Munich Local Court under HRB 246496


(hereinafter referred to as "holoride", "we" or the "Company").

1. Definitions

 

1.1. holoride Platform. The program package acquired with the license for time-limited use is hereinafter referred to as the "holoride Platform".

1.2. User account. The use of the holoride Platform requires the conclusion of a contract and registration with holoride. The account of the customer is hereinafter referred to as "user account". Each user account may only be used by the person for whom it is registered. The disclosure of the login data for a user account is prohibited.

1.3 License model. holoride offers various subscription models for the use of the holoride platform, which are hereinafter referred to as "license" or "license model".

       

      2. Scope

       

      2.1. For all orders via our online store by consumers and entrepreneurs, the following GTC apply.

      2.2. "Consumer" is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

      2.3. The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become an integral part of the contract if we have expressly consented thereto. holoride reserves the right to demand proof of entrepreneurial status from the customer prior to conclusion of the contract.

      2.4. The exact scope of functions of the holoride platform and the rights of use granted thereto result from the license models, the End User License Agreement (EULA) and these GTC. The information in offers and license models of holoride shall take precedence over these GTC.

      2.5. holoride reserves the right to update these GTC from time to time. holoride shall inform the customer of the changes in each case and send the amended GTC to the customer or make them available for download on the website at http://shop.holoride.com/pages/terms-and-conditions. The use of the holoride platform shall always be governed by the respective valid GTC.

         

        3. User account

         

        3.1. In order to use the holoride platform, registration of a user account with holoride is required. As part of the registration process, age verification is carried out and a means of payment must be deposited. License renewals are made via the user account. Registration is not required for ordering in the online store. A separate user account must be registered for each user.

        3.2. Family Account. Adults have the option to register a family account, which includes up to five user accounts. Accounts for minor children are to be created and monitored by the parents. 


        3.3. In the case of required registrations and other queries necessary to achieve the purpose of the agreement, the customer shall provide complete and truthful information and, in the event of a subsequent change to the queried data, shall correct this immediately in the administration function provided for this purpose and ensure that the customer name and the associated password are not made accessible to unauthorized third parties. Any unauthorized use of the holoride platform under the own user account by third parties must be prevented.

        3.4. The registration of a legal entity may only be carried out by a natural person authorized to represent the entity, who must be named upon registration.

             

            4. Conclusion of contract

             

            4.1. Contracts between holoride and the customer are concluded by offer and acceptance. The presentation and advertising of items in our online store does not constitute a binding offer to conclude a purchase contract.

            4.2. By submitting an order via the online store by clicking the button " order subject to payment " you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to sec. 8 Your right to revoke your order, if any, shall remain unaffected.

            4.3. We will confirm the receipt of your order placed via our online store immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.

            4.4. A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.

            4.5. If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

            4.6. Entrepreneurs may order usage licenses in accordance with the terms and conditions for the holoride platform agreed in detail between holoride and the customer in compliance with the terms and conditions of these GTC, the corresponding license model via a B2B portal provided by holoride for their own customers. The contract shall be concluded between holoride and the end customer of the Entrepreneur. 

               

              5. Contract language, contract text storage

               

              5.1. The language(s) available for the conclusion of the contract: German

              5.2. We save the text of the contract and send you the order data and our GTC incl. EULA and privacy policy in text form. The contract text is no longer accessible via the Internet for security reasons. 

                   

                  6. Prices, delivery conditions, availability of goods

                   

                  6.1. All prices are final prices and include the applicable statutory sales tax and are exclusive of any shipping costs.

                  6.2. We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.

                  6.3. The following delivery restrictions apply: The supplier delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country:

                  • Germany.

                  6.4. The shipping risk is borne by holoride if the purchaser is a consumer.

                  6.5. The costs of the return shipment in the event of a revocation shall be borne by holoride.

                  6.6. Delivery times specified by us are calculated from the date of our order confirmation, prior payment of the purchase price provided. If no or no deviating delivery time is specified for the respective goods in our online store, it is generally 4 working days.

                     

                    7. Payment, invoice


                    7.1. Payment is made through the payment options selectable in the ordering process. In our store you can basically use the following payment methods:

                    7.1.1. stripe
                    In order to pay the invoice amount via the payment service provider Stripe Payments Europe, Ltd, The One Building, Lower Grand Canal St, Dublin 2, Ireland ("Stripe"), you must be registered with Stripe, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after the order has been placed. You will receive further instructions during the order process. 

                    7.1.2. Credit card
                    In the order process you enter your credit card details. Your card will be charged immediately after placing the order. 

                     

                    7.1.3. SEPA Direct Debit
                    By placing the order, you grant us a SEPA direct debit mandate. We will inform you about the date of the account debit at least one bank business day in advance (so-called prenotification). A bank business day is any working day with the exception of Saturdays, national public holidays and the 24th and 31st of December each year. The account will be debited before the goods are shipped.


                    7.1.4. PayPal
                    In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

                    7.1.5. Google Pay
                    In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out immediately after placing the order. You will receive further instructions during the order process.

                    7.1.6. Apple Pay
                    To pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

                    7.1.7. giropay / paydirekt
                    In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

                    giropay
                    To pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order.  You will receive further instructions in the order process.

                    paydirekt
                    To be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

                    7.1.8. Klarna Sofort
                    In cooperation with the payment service provider Klarna  [Klarna AB (publ.), Sveavägan 46, 111 34 Stockholm, Sweden], we offer the payment method Klarna Sofortzahlung. To pay the invoice amount via Klarna Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

                    7.1.9. Amazon Pay

                    In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further instructions in the order process. 

                     

                    7.2. Insofar as the order is placed via an entrepreneur for the customer, payment is made by invoice.

                    7.3. Invoices. Invoices will be sent exclusively by e-mail to the e-mail address specified when the order was placed. Invoices for renewals of licenses shall be sent to the e-mail address of the user account linked to the license. The customer shall notify holoride immediately of any changes to the e-mail address via an update in the user account.


                    7.4. Price adjustments. holoride shall adjust the fees to be paid for the booked license model at its reasonable discretion to the development of the costs that are decisive for the price calculation. A price increase shall be considered and a price reduction shall be made if, for example, the costs for the procurement of hardware and software as well as energy, the use of communication networks or the wage costs increase or decrease or other changes in the economic or legal framework conditions lead to a changed cost situation. Increases in one type of cost, e.g., labor costs, may only be used to increase prices to the extent that they are not offset by any decreases in other areas, such as hardware and software costs. In the event of cost reductions, e.g. in hardware costs, the Contractor shall reduce prices to the extent that such cost reductions are not fully or partially offset by increases in other areas. In exercising its reasonable discretion, holoride shall choose the respective points in time of a price change in such a way that cost reductions are not taken into account according to standards that are less favorable for the customer than cost increases, i.e. cost reductions shall have at least the same price effect as cost increases. holoride shall inform the Client in text form about changes in charges no later than six (6) weeks before the changes come into effect. 

                     

                    8. Right of withdrawal 

                     

                    8.1. If you are a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions.

                    8.2. In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following

                        

                      Cancellation policy 

                       

                      Right of withdrawal 

                      You have the right to cancel this contract within fourteen days without giving any reason.

                      The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

                      To exercise your right of withdrawal, you must inform us holoride GmbH, Schellingstraße 45, 80799 Munich +49 (0) 174 628 08 97, and support@holoride.com, by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.

                      In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 

                       

                      Consequences of the revocation
                      If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

                      You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

                      We shall bear the costs of the standard return shipment. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

                       

                      - End of the cancellation policy-

                       

                      9. holoride platform 

                       

                      9.1. holoride offers the holoride platform. The details, technical requirements for necessary hardware as well as the functions of the holoride platform are described in the respective license model.

                      9.2. The holoride platform is provided as Software as a Service (SaaS) by means of access via compatible VR glasses. This requires an active Internet connection.

                      9.3. By concluding the contract, the customer acquires the right to use the holoride platform in accordance with the license model selected by the customer and any applicable EULA.

                      9.4. Within the scope of the use of the holoride platform, holoride shall provide the customer with storage space in a product-specific appropriate scope on a data server of holoride or a third party commissioned by holoride. The customer may use this storage space in order to be able to store, view and process certain data that is necessary for the use of the holoride platform. No separate costs shall be incurred for the provision of the storage space.


                      holoride only owes the provision of storage space and the securing of the data transmitted and processed by the customer. Beyond that, holoride shall not be subject to any custody or care obligations.


                      The customer undertakes not to store any content on the storage space provided whose provision, publication or use violates applicable law, official requirements or the rights of third parties. The customer further undertakes to check his data and information for viruses or other harmful components before storing them on the data server and to use state-of-the-art measures (e.g. virus protection programs) for this purpose.


                      The customer is not entitled to make the storage space made available to him available for use by third parties, either for a fee or free of charge.

                         

                        9.5. holoride reserves the right to add additional functions to the holoride platform at any time. The additional functions shall be provided at holoride's discretion within the scope of the existing license models or within the scope of separately bookable modules or additional license models. There is no entitlement of the customer to a free-of-charge extension of the functional scope of the holoride platform linked to the booked license model.


                        9.6. holoride shall provide the customer with user documentation for the holoride platform in electronic form via the user account.

                         

                        10. Rights of use


                        The right of use shall be governed by the EULA attached hereto as an annex as well as the selected license model unless an individual agreement between holoride and the customer provides for a deviating provision. 

                         

                        11. Deployment and availability of the holoride platform

                         

                        holoride provides the holoride platform as follows:


                        11.1. The data connection for the use of the holoride platform on the end devices of the customer is not owed by holoride.

                        11.2. The customer shall be responsible for procuring the hardware required for the use of the holoride platform.

                        11.3. holoride guarantees an overall availability of the holoride platform of at least [99.5%] per month at the handover point. The handover point is the router output of the data center used by holoride. Availability shall mean the ability to use the essential main functions of the holoride platform. Maintenance times as well as times of malfunction in compliance with the remedy time shall be deemed times of availability. Times of insignificant disruptions shall not be taken into account when calculating availability. The measuring instruments in the data center shall be decisive for the proof of availability. The customer has to report malfunctions immediately to the contact data mentioned: support@holoride.com. Fault reporting and correction is guaranteed Monday to Friday (excluding national holidays) between 9:00 a.m. and 6:00 p.m. (service hours). Severe malfunctions (the use of the holoride platform as a whole or a main function of the software is not possible) will also be remedied by holoride outside the service hours immediately upon receipt of the report of the malfunction - provided that the report is made within the service hours (remedying time). This does not apply to malfunctions for which holoride is not responsible (e.g. caused by failure of services of third parties). If it is foreseeable that it will not be possible to remedy the malfunction within this period of time, holoride shall inform the sustomer thereof and notify the customer of the expected exceeding of the period of time. Other significant malfunctions (main or secondary functions of the holoride platform are disrupted but can be used; or other not only insignificant malfunctions) shall be remedied within 12 hours at the latest within the service times (remedying time). The elimination of insignificant disruptions is at the discretion of holoride.

                           

                          12. Retention of title 

                           

                          12.1. The goods remain our property until full payment.


                          12.2. For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain authorized to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

                             

                            13. Transport damage  

                             

                            13.1. The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.


                            13.2. For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

                               

                              14. Warranty and guarantees


                              14.1. Liability for defects. Unless otherwise expressly agreed below, the statutory liability for defects shall apply.


                              The following restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

                              • in case of injury to life, body or health
                              • in case of intentional or grossly negligent breach of duty as well as fraudulent intent in case of breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations)
                              • within the scope of a guarantee promise, if agreed, or
                              • insofar as the scope of application of the Product Liability Act is opened.

                              14.2. If the rectification of the defect fails several times, unless it is insignificant or only insignificant, and if the customer cannot be expected to wait any longer, the customer shall be entitled to reduce the remuneration or withdraw from the contract. Such failure to remedy the defect shall be deemed to exist in particular if the remedy of the defect is impossible and holoride has declared the impossibility to the customer in writing or holoride has unjustifiably declared its express unwillingness to remedy the defect to the customer.


                              14.3. holoride shall not be liable for any damage that occurred due to incorrect instructions on the use of the goods and the holoride platform by third parties.

                              14.4. Restrictions vis-à-vis entrepreneurs. With respect to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.

                              The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
                               

                              In the event of minor or insignificant defects, holoride may offer an alternative solution at its own discretion. Minor or insignificant defects are defects that do not directly or significantly impair the contractual use of the holoride platform.

                              14.5. Regulations vis-à-vis merchants. Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

                              14.6. Warranties and after-sales service. Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

                               

                              15. Liability

                               

                              15.1. For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
                              • in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty,
                              • in the case of warranty promises, if agreed, or
                              • insofar as the scope of application of the Product Liability Act is opened.

                               

                              15.2. In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.


                              15.3. Otherwise, claims for damages are excluded.

                              15.4. Supplementary provisions vis-à-vis entrepreneurs. holoride shall be liable, limited to compensation of the foreseeable damage typical for the contract, for such damages that are based on a slightly negligent breach of essential obligations by holoride or one of its legal representatives or vicarious agents. Material obligations are obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the customer may rely.

                              Liability for simple negligence is - as far as legally permissible - excluded

                                

                              16. Term of contract, termination

                               

                              16.1. The framework agreement on the use of the holoride platform is concluded for an indefinite period of time and may be terminated by either party at any time without notice. The customer's wish to delete the user account shall also be deemed to be a declaration of termination. If the contract is terminated, the customer's user account will be deleted in full, whereby any personal data of the customer may only be deleted after the expiry of statutory retention obligations. Upon termination of the user contract, the use of the holoride platform as well as the conclusion of individual contracts (license models) shall no longer be possible as of the end of the respective current contract period.

                              16.2. The license models are booked for fixed terms. Ordinary termination during the term is excluded. The first ordinary termination is possible at the end of the fixed term. The right to extraordinary termination for good cause shall remain unaffected. The licenses are renewed for one month or one year depending on the selected license model, if not cancelled by the end of the last day of the respective term.

                              16.3. Cancellations must be declared via the user account or in writing by e-mail to support@holoride.com.

                              16.4. Data deletion. If the customer account is deleted, all customer data will be deleted 90 days after the end of the contract. This means that all customer data including usage data is permanently inaccessible after 90 days.

                                 

                                17. Privacy

                                 

                                The provisions on data protection and your rights are governed by the data protection provisions attached as an annex and available at https://www.holoride.com/privacy-policy.

                                 

                                18. Dispute Resolution

                                 

                                The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

                                 

                                19. Final provisions

                                 

                                19.1. This agreement is subject to the law of the Federal Republic of Germany, insofar as the customer is an entrepreneur, excluding the UN Convention on Contracts for the International Sale of Goods.

                                19.2. Possible translations of the GTC serve merely as a reading aid. In the event of disputes or questions of interpretation, only the German version of the GTC shall be legally binding.


                                19.3. If you are a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be the registered office of holoride.

                                19.4. Should individual provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining clauses.

                                   

                                  _______

                                  holoride GmbH, 02.11.2022