The company TwoSight GmbH, represented by Mr. Arne Engler and Mr. Markus Ast, Schindmaaser Weg 17, 08371 Glauchau, (hereinafter referred to as TwoSight) offers their goods for consumers of legal age and with full legal capacity, entrepreneurs and legal entities under private and public law.
These general terms and conditions are the basis for all orders placed on our website vroptician.com. They also apply for all future contractual relationships to business dealings with entrepreneurs and legal entities under public law, even if they are not expressly included again. Deviating terms and conditions of the customer or third parties do not apply, even if TwoSight does not expressly object to their validity in individual cases. Even if TwoSight refers to a letter that contains or refers to the terms and conditions of the customer or a third party, this does not constitute consent to the validity of those terms and conditions.
Communication between TwoSight and the customer is generally carried out by email. The customer therefore takes special care to ensure that the receipt of e-mails is guaranteed. In particular, the customer must provide his or her correct e-mail address at the latest when placing the order and monitor the receipt of e-mails at this e-mail address. The customer must notify TwoSight immediately of any change to this email address. He is not allowed to make any settings in his e-mail program or his e-mail inbox that prevent the receipt of e-mails or that lead to the e-mails not being acknowledged by him, e. g. because they are moved to a spam folder. The receipt of e-mails in the specified e-mail inbox of the e-mail address is attributable to the customer.
Communication in text form, in writing, verbally or by telephone is possible without prejudice to this.
The scope of the service owed by TwoSight arises from the information on the TwoSight website, in particular the overview page before the order is concluded, the order confirmation and any agreed changes and additions to the contract. TwoSight offers include lens inserts for VR headsets. The VR headsets shown for illustration purposes are not part of the offer. The confirmed order can only be changed by concluding an amendment contract. A change request from the customer is an offer to TwoSight to conclude an amendment contract. TwoSight is not obliged to accept the customer's offer.
The products ordered are manufactured in accordance with the rules of technology in the usual manner and quality.
Service times are calculated exclusively on weekdays (Monday to Friday). The delivery period begins in accordance with a specified relevant latest arrival time for the respective working day, otherwise at the end of the working day of the order.
If the customer is an entrepreneur or a corporation under public law, the following regulations apply:
If shipment of the product has been agreed, the delivery times and dates for standard shipping are met by handing it over to the forwarding agent, carrier or other third party commissioned with the transport, provided this takes place two weekdays before the expiry of the deadline.
TwoSight is not responsible for service delays due to force majeure and due to events that not only temporarily make the service more difficult or impossible for TwoSight - this includes in particular operational disruptions of any kind, difficulty in material or energy procurement, transport delays, strikes, legal lockout, official orders or missing, incorrect or late delivery by suppliers. If the hindrance and the obstacle are of a temporary nature, TwoSight is entitled to postpone the service for the duration of the hindrance plus a reasonable start-up time. In the event of hindrances that are not only of temporary duration, TwoSight is entitled to withdraw from the contract in full or in part from the yet to be performed part of the agreement. If the hindrance lasts longer than two months, the customer is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part that has not yet been fulfilled.
Compliance with the performance time by TwoSight presupposes the timely, complete and proper implementation of the necessary cooperation activities by the customer and, if payment in advance has been agreed, the receipt of payment.
If the customer is an entrepreneur or a corporation under public law, the following regulations apply:
The risk of accidental loss or accidental deterioration of the goods is transferred to the customer when the goods are handed over to the transporter (the beginning of the loading process being decisive). This applies regardless of who bears the shipping costs and even if the transport is carried out by own employees. If dispatch or acceptance is delayed for reasons for which the customer is responsible, the risk is transferred to the customer on the day on which the delivery item is ready for dispatch and TwoSight has notified the customer of this.
If the delivery is returned as undeliverable, TwoSight is not obliged to hold it for the customer, unless the customer is not responsible for the obstacle to delivery. TwoSight is entitled to destroy or otherwise exploit the delivery after checking the correctness of the shipment, notifying the customer and expiry of a reasonable period for collection. TwoSight's claim for remuneration remains unaffected unless the delivery can be used in any other way. Temporary storage is at the risk of the customer.
If the customer is a consumer, the risk of accidental loss or accidental deterioration is only transferred to the customer when the item is handed over to the customer or if the customer is in default with the acceptance.
When TwoSight delivers to certain countries, duties and taxes may apply. The customer is obliged to settle them. If payment is not made, the customer is in default of acceptance and is liable to TwoSight for any resulting damage.
The customer has to undertake all necessary cooperative actions in order to guarantee delivery of the delivered products. In particular, he must collect the delivery from the depository in due time in the event of a failed delivery at home. If the customer refuses to cooperate, the customer is in default of acceptance and is liable to TwoSight for any resulting damage.
In the case of returns, the customer is obliged to address and declare the shipment exactly in accordance with TwoSight's specifications. If the declaration is incorrect, the customer is liable to TwoSight for any resulting damage.
When delivering to countries with a prescription requirement [e. g. some states of the USA] the customer is obliged to provide – if requested - his valid prescription to the customs authorities in due time. If the delivery fails because the customer fails to cooperate, the customer is liable to TwoSight for any resulting damage. The same applies if delivery fails because the customer does not have a valid prescription that matches the value he ordered.
If the customer is a consumer, TwoSight retains ownership of the delivered items until the claims arising from the contract in question have been paid in full.
If the customer is an entrepreneur or a corporation under public law, the following provisions apply:
Delivered goods remain the property of TwoSight until full payment of the claims arising from the contract in question. Processing or transformation is always carried out for TwoSight as the manufacturer, but without any obligation to pay compensation for TwoSight. If TwoSight's ownership expires through connection, it is already agreed that TwoSight's ownership of the unitary item shall pass to TwoSight on a pro-rata basis (invoice value). The customer keeps TwoSight's property free of charge.
Goods to which TwoSight is entitled are hereinafter referred to as reserved goods. The customer is entitled to process and sell the reserved goods in the ordinary course of business, as long as he is not in default. Correct business dealings do not include measures that violate other rights of TwoSight. Pledges or collateral assignments are inadmissible. As a precaution, the customer hereby assigns to TwoSight in full the claims arising from the resale or any other legal reason (insurance, tort) with regard to the reserved goods (including all balance claims from the current account). However, TwoSight undertakes not to collect the claims as long as the customer meets his payment obligations, is not in default of payment and, in particular, no application has been made to open insolvency proceedings. If this is the case, TwoSight can demand that the customer immediately notify TwoSight of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents at his own expense and notify the debtors (third parties) of the assignment.
TwoSight revocably authorizes the customer to collect the claims assigned to the seller for his account in his own name. This authorization to collect can only be revoked if the customer does not properly meet his payment obligations.
If third parties access the reserved goods, in particular seizures, the customer will point out the ownership of TwoSight and notify TwoSight immediately so that TwoSight can enforce its own property rights. If the third party is unable to reimburse TwoSight for the judicial or extrajudicial costs incurred in this connection, the customer shall be liable for them.
TwoSight undertakes to release the securities to which TwoSight is entitled at the request of the customer insofar as the value of the total securities exceeds the nominal value of the claims to be secured by more than 20%; the selection of the securities to be released is incumbent on TwoSight.
In the event of behavior contrary to the contract, in particular default of payment by the customer, TwoSight is entitled to demand the surrender of the item. This ends the customer's provisional right to retain. Termination or withdrawal from the contract is not connected with this in case of doubt.
The customer is only entitled to offset and withhold claims that are not reciprocal if the counterclaims have been legally established, are ready for decision or are undisputed.
Except in the scope of § 354 a HGB, the customer may only assign claims from this contract to third parties with the prior consent of TwoSight.
The images on the vroptician.com website may differ from the actual articles due to different browser displays, limited color reproductions on the Internet, customary trade fluctuations and technical reasons.
If the customer is a consumer, the statutory right to liability for defects applies. Warranty claims by other customers due to obvious material defects in the delivered goods are excluded if the customer does not notify TwoSight of these within 14 days of receipt of the goods. Timely dispatch of the notification is sufficient to meet the deadline. The notification of defects can be made in writing, by e-mail or by telephone.
Claims for defects do not exist in the case of only insignificant deviations from the agreed quality and only insignificant impairment of usability. Axis deviations of up to 10° and diopter deviations of ±0.25 dpt correspond to the manufacturing-related tolerances and cannot be complained about as defects.
In any case, the customer is responsible for the correctness of the values transmitted or entered by him for manufacturing the inserts (lenses). The inserts are manufactured according to customer requirements. The customer can therefore not assert circumstances that are based on incorrect or incorrectly entered values as a defect.
Damage to the VR headsets caused by incorrect installation of the inserts by the customer can in no case be asserted as a defect.
If the customer is a merchant, his obligation to immediately examine and complain according to §§ 377 and 381 Paragraph 2 HGB remains unaffected.
TwoSight pays damages or reimbursement of wasted expenses, regardless of the legal reason (e.g. from legal and similar contractual obligations, breach of duty and tort), only to the following extent:
Liability in the event of gross negligence, wilful misconduct, malice and warranty is unlimited.
The liability for simple negligence is excluded towards entrepreneurs and corporations under public law. However, in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which the contractual partner may regularly rely on compliance (so-called cardinal obligation), TwoSight shall be liable in the amount of the typically foreseeable damage at the time the contract was concluded. TwoSight has unlimited liability towards consumers.
If TwoSight is in default with its performance, TwoSight has unlimited liability for this performance, unless the damage would also have occurred had it been performed on time.
As far as the liability of TwoSight is excluded or limited, this also applies to the personal liability of the employees, representatives and vicarious agents of TwoSight.
For damages from culpable injury to life, limb or health and for claims under the Product Liability Act, the statutory provisions apply.
If the customer is a consumer, the statute of limitations for his claims is based on the law. If the customer is an entrepreneur or a corporation under public law, the limitation period for his claims is based on the following paragraphs.
The limitation period is
for claims for repayment of the remuneration from withdrawal or reduction, one year, but not less than three months from the submission of the effective declaration of withdrawal or reduction;
for claims arising from material defects (with the exception of claims for damages, including those due to a breach of the obligation to supplementary performance), one year;
two years for claims based on defects of title, if the defect in title does not lie in an exclusive right of a third party, on the basis of which the third party can demand the surrender or destruction of the items left to the customer;
two years for other claims for damages or reimbursement of wasted expenses.
The statute of limitations occurs at the latest with the expiry of the maximum periods specified in § 199 of the German Civil Code (BGB).
In the case of damages and reimbursement of expenses due to intent, gross negligence, guarantee and malice, the statutory limitation periods apply.
TwoSight does not take part in consumer arbitration proceedings under the Consumer Dispute Settlement Act and is not obliged to do so.
The European Union provides an online platform for dispute resolution at https://ec.europa.eu/consumers/odr/.
The law of the Federal Republic of Germany applies with the exclusion of the UN sales law. For consumers, the protection granted by mandatory regulations or judicial law in their country of residence applies in any case. The place of jurisdiction for all disputes arising from and in connection with this contract is Chemnitz for contracts with merchants, legal entities under public law or special funds under public law. This also applies to companies based in another country of the European Union.