AGB
General terms and conditions ("GTC")
for the online store of the
Corticore Ltd., Volkartstraße 50, 80636 Munich ("Corticore")
- Status: 01.08.2023 -
Table of Contents:
1 General. 1
2 Conclusion of the contract; dispatch / provision of the services. 1
3. prices, due date, payment. 2
4. regulations for digital content. 3
5. regulations for goods (hardware) 4
6. right of withdrawal for consumers in distance contracts for digital content. 4
7. expiry of the right of withdrawal. 5
8. liability. 6
9. final provisions. 6
1. General
1.1 The contracting parties in connection with these GTC are Corticore and the Client. In the following, the terms "we", "us", etc. are also used for Corticore; "you", "you", etc. are used for the Client.
1.2 These GTC apply to the ordering of digital content (software, our scanning app) and goods (hardware, virtual reality glasses) on the website https://corticore.de/de/ respectively https://corticore.de/de/shop/. Contracts can be concluded in German or English (see also Section 9.3 of these GTC). You can select your preferred language via the language selection at the top of the website header.
2. conclusion of contract; dispatch / provision of services
2.1 Our offers on the website https://corticore.de/de/ do not constitute a binding offer to conclude a contract, but only a non-binding invitation to the customer to submit an offer to conclude a contract.
2.2 By clicking on the "Place order" button, you place a binding order for the items in your shopping cart. We will confirm receipt of your order by email immediately after you have sent the order. A binding contract is only concluded with a clear declaration on our part that we accept the order. This declaration may be included in the order confirmation or may be made separately.
With our declaration of acceptance we will send you our GTC again.
2.3 We do not assume the risk of having to procure ordered goods (procurement risk). We are therefore exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods but have not been supplied correctly or on time, provided that we are not responsible for the unavailability of the goods and inform you of this circumstance immediately. In the event of such non-availability of the goods, we will reimburse you immediately for any payments already made.
2.4 If you have ordered goods, these will be delivered to you by standard post / parcel post. The shipping costs will be shown to you during the ordering process.
2.5 You can download or use digital content immediately after our declaration of acceptance.
3 Prices, due date, payment
3.1 All prices quoted by us on our website are final prices including the applicable VAT, but excluding any shipping costs. The respective monthly fee is indicated for our digital content.
3.2 If you order goods, the purchase price is due when we have accepted your order. In the case of digital content, payment is due at the beginning of each month.
3.3 In principle, we offer the payment methods prepayment / (instant) bank transfer, credit card, payment / installment payment via "Klarna". We always reserve the right not to offer certain payment methods or to introduce other payment methods. Please note that we can only accept payments from accounts within the European Union (EU). Any costs of a foreign payment are to be borne by you.
3.4 If you purchase goods by credit card, your credit card account will be debited when the goods are dispatched.
3.5 Invoices, credit notes, etc. are only transmitted digitally.
3.6 Price adjustments
We are entitled to change the remuneration for the provision of the digital content. However, the change may be made no earlier than 12 months after the conclusion of the contract or after the last remuneration adjustment. The customer shall be notified (in writing, by fax or e-mail) of the date of the change and the amount of the adjustment thirty (30) days in advance. The Customer shall have the right to terminate the Agreement prematurely in compliance with the agreed form at the time of the change in remuneration if the price change or adjustment results in an increase in remuneration by more than 10 %.
4. regulations for digital content
Our digital content can be accessed and used online, i.e. by loading it into the RAM of the required end device, using access data limited to the duration of the user contract.
4.1 Access
You first conclude a usage agreement with us by placing your order; this opens a user account. You will receive individual access data (user name and password) with which you can set up and use our app.
It is your responsibility to create the technical requirements for using our app (internet connection, necessary hardware and software - VR glasses with operating system).
4.2 Rights of use
Subject to payment of the remuneration owed and due in each case, the customer shall receive the non-exclusive right to use the digital content for personal use, which right shall be limited to the term of the usage agreement and shall not be transferable to third parties.
Any use beyond this, in particular the reproduction, distribution, making available to the public, renting, leasing or lending of our digital content is not permitted.
Statutory rights (§ 60a ff. UrhG) remain unaffected.
4.3 Scope of services, availability
Corticore ensures the provision and retrievability of the Digital Content by the Customer via the Internet. The content is generally made available 24 hours a day with the exception of necessary maintenance work and/or other downtimes. Adjustments, changes and additions to the contractual services as well as measures serving to determine and remedy malfunctions will only lead to a temporary interruption or impairment of accessibility if this is necessary for technical reasons
Corticore reserves the right to change digital content for reasonable reasons at any time, in particular to reduce or expand the scope of the service appropriately. This includes, in particular, adaptations to the state of the art, changes to optimize our offerings, in particular to improve user-friendliness, as well as changes to content, provided that the latter are necessary to correct errors, to update and complete, to optimize programming or for licensing reasons.
If such a change leads to a not merely insignificant impairment of the customer's ability to access or use the service, the customer may terminate the agreement under the conditions of Section 327r of the German Civil Code (BGB).
4.4 Term and termination
Our digital content is offered exclusively as a subscription with a minimum contract term of 12 months. After the end of the minimum term, the contract is extended indefinitely; it can then be terminated by you with one month's notice in each case.
Upon termination of the contract, the customer's access to the digital content is blocked.
The right of each party to extraordinary termination of the contract for good cause as well as any right of withdrawal of the customer shall remain unaffected.
4.5 Warranty rights
We shall remedy technical defects in our digital offerings within a reasonable period of time. Our responsibility extends only to the point of transfer of the systems operated by us to the Internet, but does not include the customer's systems or data transmission lines after the point of transfer.
For the selection and maintenance of our systems and contents we apply the usual care of the publishing house. However, we cannot guarantee that the content is complete, correct and up-to-date at all times.
It is your responsibility to notify us immediately of any defects, malfunctions or damage that may occur.
5. regulations for goods (hardware)
The mutual legal rights apply to goods purchased on our website; in particular the legal rights for defects.
6. right of withdrawal for consumers in distance contracts for digital content
Consumers have a statutory fourteen-day right of revocation in the case of distance contracts (i.e. contracts in which Corticore and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract). A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Our cancellation policy and the model cancellation form can be found at the end of these GTC.
7. expiry of the right of withdrawal
The right of withdrawal for consumer contracts on digital content expires according to § 356 para. 5 BGB (German Civil Code), if Corticore has started the performance of the contract, if the Customer has explicitly agreed that Corticore starts the performance of the contract before the expiry of the withdrawal period and if the Customer has confirmed his knowledge that by the aforementioned agreement his right of withdrawal expires with the start of the performance of the contract.
8. liability
8.1 Corticore shall be liable without limitation
a) in the event of intent or gross negligence,
b) for injury to life, limb or health,
c) in accordance with the provisions of the Product Liability Act and
d) to the extent of a guarantee assumed by Corticore.
8.2 In the event of a simple negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), Corticore's liability shall be limited to the amount of damage that is foreseeable and typical for the type of transaction in question; however, to a maximum of € 10,000.
Corticore shall have no further liability.
9. final provisions
9.1 Subsidiary agreements, amendments or supplements must be made in text form to be effective. This also applies to the waiver of the text form requirement.
9.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.3 The legal relationship with our customers is governed by the provisions on our website and these GTC in German. The translations into English are for the convenience of our customers only.
9.4 The EU Commission provides an internet platform for the online settlement of disputes ("ODR platform") at https://ec.europa.eu/consumers/odr/ is available. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
End of the GTC | The withdrawal policy follows
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 of the conclusion of the contract or - if later - from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Corticore GmbH, Volkartstraße 50, 80636 Munich, Germany
Mail: info@corticore.de | Tel. +49 89 171 1029 458
by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
You can also download the model withdrawal form or another clear declaration on our website - https://corticore.de/de/ - fill out and transmit electronically. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
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 for this repayment.
If you have ordered goods in addition to our digital content, the following also applies:
We may refuse to refund you 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.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
End of the cancellation policy
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To: Corticore GmbH, Volkartstraße 50, 80636 Munich | Mail: info@corticore.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the order of the following digital content / for the purchase of the following goods (*)
Ordered on (*)/received on (*) .......................
Name of consumer(s) .......................
Address of the consumer(s) .......................
Date .......................
Signature of the consumer(s) .......................
(only for communication on paper)
(*) Delete as applicable
End of the Model withdrawal form
