General Terms and Conditions of Business (GTC)

These GTC apply to the users of the internet site www.vyro.com and all of their subpages, as well as to customers purchasing products in the web shop of Vyro Components GmbH (hereinafter: “Vyro”).

Since by their very nature GTC are always long and complicated rules, our consultants decided and we agreed that only the male form is used in these GTC. On the one hand, we are very sorry about this, but on the other hand contractual regulations (which include GTC) have to remain readable. Therefore we would like to apologise to all of our female customers and users, but have to insist that the present GTC apply to them, too.

1. Common rules

1.1.1. The terms and conditions below shall govern the contractual relationship between Vyro and users (whether consumers or entrepreneurs) using the offers on the Vyro homepage or purchasing Vyro products. Vyro does not accept any terms or regulations conflicting with or deviating from these GTC. For consumers, these GTC shall apply only insofar as they are opposed by mandatory statutory provisions. Mandatory statutory provisions shall apply to the contractual relationship only insofar and as long as the statutory provision is in force and has mandatory character.

1.1.2. Exclusive place of jurisdiction shall be the competent court in the district of the regional court where Vyro is domiciled. This shall not affect the validity of § 14 of the Austrian Consumer Protection Act (öKSchG) or any corresponding other European regulation.

1.1.3. Exclusively Austrian law shall apply, excluding the conflict of law rules. The application of a foreign legal system is only possible if the customer or user is a consumer and concludes a contract for valuable consideration with Vyro which is subject to the provisions under consumer protection law. Application of the UN Sales Convention is excluded.

2. General terms and conditions of business for users

2.1. Begriffsbestimmungen

User – a visitor to the internet site www.vyro.com and its sub-pages, using the internet site or the services offered on this site without purchasing products in the Vyro web shop

Service – the total content and all individual offers of all information, programmes, videos, audio files, instructions, etc. electronically offered by Vyro on its internet site.

Internet site – the website www.vyro.com and all of its sub-pages or external sites, which are operated or possessed by Vyro, or on which Vyro otherwise has significant influence, which extends in particular to the design of the content or the programme-related structure.

2.2. Scope of application

This section of the GTC was adjusted in particular to applicability for using the services provided by Vyro on www.vyro.com. As a consequence, this part of the GTC shall govern in particular any uses of the services.

2.3. Electronic communication

If the user uses any service of Vyro or sends e-mails, text messages or other communications from his computer or mobile device to Vyro, he communicates electronically with Vyro. Vyro will communicate electronically with the user in different ways, e.g. by e-mail, text messages, In-App Push messages or by publication of electronic communications or other communication on the website or within the scope of other services. For contractual purposes, the user agrees to receive electronic communication by Vyro. The user may give any contractual declarations also in electronic form, unless any mandatory statutory provisions explicitly require the written form. If these GTC require the written form on the part of Vyro, a corresponding declaration or approval of Vyro cannot be given in electronic form.

2.4. COPYRIGHT AND DATABASE RIGHT

The entire content provided by Vyro on the internet site or included in any service of Vyro, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of Vyro or third parties from which Vyro has licensed or acquired the contents, and is protected by Austrian and international copyright and database right. All of the contents provided by Vyro are also the exclusive property of Vyro and are protected by Austrian an international copyright and database right.

The user must not systematically extract and/or reuse any part of the services of Vyro without the express written approval of Vyro. In particular, he must not use data mining, robots or similar data collection and extraction programs without the express written approval of Vyro, in order to extract any essential parts of the services for reuse (whether once or several times). In addition, the user must not create and/or publish any own database/website which contains essential parts of the services (e.g. prices and product information) without the express written approval of Vyro.

2.5. TRADEMARK RIGHT AND DISTINCTIVE SIGNS

All graphics, logos, header lines, button icons, scripts and service names contained in the Vyro service or provided by Vyro represent trademark rights and distinctive signs of Vyro. Vyro’s trademark rights and distinctive signs must not be used in connection with a product or service which does not belong to Vyro, in such a way that it would be possible to cause confusion among the customers, or in a manner that disparages or discredits Vyro. All other trademarks and distinctive signs which are not owned by Vyro and appear within the service of Vyro are the property of the respective owners.

2.6. PATENTS

One or several patents of Vyro are applicable to the services and to functionalities and services which are accessible through the internet site. Parts of the services are operated under the license of one or several patents

2.7. LICENSE AND ACCESS

Provided that these terms of use and possible applicable service conditions are complied with and possible fees have been paid, Vyro grants the user a limited, non-exclusive, non-transferrable and non-sublicensable license for access to and the non-commercial use of the service. Such license does not include the resale or commercial use of the service or the contents, the collection and use of product information, descriptions or prices, the derived use of the service or its contents, downloading or copying of account details for the benefit of another dealer, or the use of data mining, robots or similar data collection and extraction programs.

Vyro and its licensors, suppliers, publishers, right holders or any other providers of contents reserve all rights which are not expressly granted to the user in these terms of use or in the service conditions. Neither the entire service nor any parts thereof must be reproduced, duplicated, copied, sold, resold or otherwise used for commercial purposes without the express written approval of Vyro. The user must not misuse the service. He may use the service in any case only to the extent permitted by law. The usage rights granted by Vyro expire if the user fails to comply with these terms of use or the service conditions.

2.8. YOUR ACCOUNT

Certain functionalities of the service may depend on the creation of a personalized account. Vyro reserves the right to refuse the creation of an account to any user without stating reasons, or to withdraw any approval granted (in the form of activation) at any time with immediate effect without stating reasons. In this event, the user waives with immediate effect any claims for compensation of whatever name and on any basis whatsoever.

If the user has created an account, he shall be responsible for ensuring confidentiality of his account and the password, and for restricting access to his computers and mobile devices, and to the extent allowed under applicable law, he agrees to be responsible for all activities performed through his account or password. He shall take all steps required to ensure that his password is kept secret and stored in a safe place, and shall immediately inform Vyro if there are grounds for concern that a third party has obtained knowledge of his password, or the password is used or is likely to be used without authorisation. He shall be responsible for ensuring that his details provided to Vyro are correct and complete, and shall inform Vyro of any changes with regard to the details provided by him. He may update, change or delete many of the details provided to Vyro as well as the account settings.

2.9. REVIEWS, COMMENTS, COMMUNICATION AND OTHER CONTENTS

The service provided by Vyro offers the possibility for the user in some cases to create comments, opinions and other contents, or submit suggestions, ideas, comments, questions or other information. The user may use this possibility as long as the contents are not illegal, obscene, abusive, threatening, defamatory, invading privacy, infringing any law or otherwise injure third parties or are inadmissible, and do not consist of or contains any software viruses, political campaigns, advertising messages, chain letters, bulk mails or any form of “spam”. He must not use a wrong e-mail address, impersonate any other person or company, or otherwise mislead about the origin of a bank or credit card or other contents. Vyro reserves the right (but does not assume any obligation without sufficient notification) to remove or edit these contents. If any user or third party should be of the opinion that their intellectual property rights are infringed by any article or information within the service, they shall inform Vyro by completing and submitting the corresponding notification form. The third party or user takes note that Vyro cannot be expected to modify or remove the relevant content without notification to Vyro.

If the user posts content on the website or submits materials, he grants – unless provided otherwise: (a) Vyro the non-exclusive, non-remunerated, sub-licensable and transferable right to use, duplicate, modify, edit, publish, translate, create derivative works, distribute and reproduce these contents worldwide in any media; and (b) Vyro and its sub-licensees and transferees the right to use the name submitted by the user in connection with these contents. Moral rights are not transferred by this regulation.

The user agrees that the rights he granted above are granted irrevocably during the entire term of protection of his intellectual property rights associated with these contents and materials. He further agrees on Vyro’s request to take all actions required to complete any of the rights above granted to Vyro, including the issue of formal documents and records.

The user guarantees that he holds or is otherwise entitled to dispose of all rights to the contents he has created; that at the time when the contents and materials were provided: (i) the contents and materials are free from defects; and (ii) the use of the contents and materials he makes available do not infringe any applicable terms and conditions and guidelines of Vyro and do not cause harm to any person or company (which includes that the contents or materials are not defamatory). He agrees to indemnify and hold Vyro harmless from all claims asserted against Vyro by third parties, arising from or in connection with the contents or materials he has made available, except to the extent that liability originates from Vyro’s failure to remove the contents accordingly as soon as Vyro was notified of the illegality (notification form).

2.10. CLAIMS BASED ON INTELLECTUAL PROPERTY RIGHTS

Vyro respects the intellectual property rights of third parties. If you are of the opinion that your intellectual property rights were used in a manner that gives cause to suspect an infringement, we ask you to notify us by sending an e-mail to our e-mail address office@vyro.com .

2.11. OUR LIABILITY

Vyro endeavours to ensure at all times that the service is available without interruption, and that transmission takes place without any errors. However, due to the nature of the internet, this cannot be guaranteed. Access by the users to the service may also be occasionally interrupted or limited, in order to allow for repairs, maintenance works or the implementation of new facilities or services. Vyro tries to limit the frequency and duration of such temporary interruptions or restrictions.

Vyro is liable without limitation only insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty of Vyro or any legal representative or vicarious agent of Vyro. The limitations of liability above shall not apply to any injury to life, body or health, to any defect after assuming a guarantee of the quality of the product, and in case of fraudulently concealed defects. Liability based on the Product Liability Act remains unaffected.

In as far as the liability of Vyro is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

2.11.1. Liability for contents

As a service provider, Vyro is responsible according to the e-Commerce Act (ECG) and the Telecommunications Act (TKG) for its own contents on these pages in accordance with the general legislation. However, according to the TKG, Vyro as a service provider is not obligated to monitor any transferred or stored third-party information or research for circumstances suggesting an illegal activity. Any obligations to remove or block the use of information according to the general legislation shall remain unaffected hereof. However, any liability in this respect is possible only from the time of knowing a specific infringement (cf. above). When corresponding infringements become known, Vyro will remove these contents without delay.

2.11.2. Liability for links

The offer provided by Vyro contains links to external websites of third parties, on whose contents Vyro has no influence. Therefore Vyro cannot assume any liability for these third-party contents. The respective provider or operator of the websites is always responsible for the content of the linked sites. The linked sites were checked for possible infringements at the time of linking. No illegal contents could be identified at the time of linking. However, permanent control of the contents of the linked sites is unreasonable without specific indications of an infringement. If any infringements become known, Vyro will remove such links without delay.

2.12. MODIFICATION OF SERVICES OR MODIFICATIONS OF THE TERMS OF USE

Vyro reserves the right to modify any services, rules, terms and conditions including these terms of use and the service conditions at any time. The user shall be subject to the General Terms and Conditions of Business, contract terms and terms of use in force at the time he uses the service. If any of these terms and conditions is held to be invalid, void or unenforceable for any reason, this provision shall be deemed severable and does not affect the validity and enforceability of all remaining provisions.

2.13. NO WAIVER

In case that the user infringes these terms of use and Vyro does nothing about it, Vyro continues to be entitled to exercise its rights at any other time when the user infringes these terms of use.

2.14. MINORS

Vyro does not offer services for use by minors. If the user is under the age of 18, he may use the services only with the assistance of a parent or guardian.

2.15. CONTACT DETAILS

This website is operated by VYRO Components GmbH whose complete data including contact details are indicated in the imprint. Specific terms of use and sale for other offers are linked directly on the sites of these offers.

3. General Terms and Conditions of Business for customers

3.1. Preliminary remark

Vyro offers exclusively high-tech products for the aftermarket in the mountain bike trade. The major product of Vyro is a novelty crank designed for self-assembly. With this product, Vyro addresses exclusively technically experienced customers who are able to assemble the product in a professional and competent manner.

3.2. Definitions

Customer  – the buyer of the product offered and manufactured by Vyro

Product – Vyro produces a novelty high-tech crank (gear) for mountain bikes for self-assembly. Such crank and the available assembly materials and extensions are hereinafter referred to as the product

3.3. Scope of application

These GTC shall apply to all offers, purchase orders, deliveries and services of VYRO Components GmbH. Also in case of conflicting provisions to the contrary (GTC or statutory provisions), the terms and conditions below shall apply exclusively. Differing terms and conditions of the purchaser or customer we do not expressly accept in writing are non-binding for Vyro in any case. However, this shall not affect any consumer protection regulations in any case, unless the nature of the sold products requires otherwise and a waiver of the corresponding statutory provisions is possible.

If one or several of these provisions should be contrary to applicable law, the remaining provisions shall remain in force and effect.

3.4. Contract conclusion:

The offers and product descriptions available on the internet sites of Vyro do not represent binding offers of Vyro, but merely serve to invite the customer to submit an offer.
The customer may submit a legally binding offer to Vyro via the online order form integrated into the online shop of Vyro to conclude a contract with regard to the products contained in the shopping cart. Offers of VYRO Components are therefore generally subject to change and non-binding. Vyro has the possibility to accept this offer within 5 days

– by sending an explicit confirmation (e-mail is sufficient)

– by Vyro delivering the goods to the customer (receipt of the goods at the customer being decisive)

– by Vyro requesting the customer to effect payment.

If Vyro uses several of the alternatives mentioned above to accept the offer, the earliest action taken by Vyro shall be considered the time of contract conclusion. The deadline to accept the offer starts on the day when the offer is sent.

By ticking the corresponding check box (opt-in), the ordering party accepts the General Terms and Conditions of Business of VYRO while submitting the offer. To confirm receipt at Vyro, the user’s offer is subsequently sent to the e-mail address indicated by the user, stating the purchase amount including the shipping expenses. By paying the purchase price to the account of VYRO Components indicated in the offer, the buyer confirms his intention to buy.

3.5. Date of payment:

After Vyro has accepted the offer to conclude a contract, Vyro shall send the customer an e-mail with the required payment details. After receipt of such details, the customer shall transfer the invoice amount within 7 days to the account of Vyro. The transfer shall be made in due time so that Vyro is able to dispose of the amount 10 days after sending the e-mail at the latest.

3.6. Delivery, delivery times:

Vyro produces all offered products just in time. The customer therefore notes that Vyro will not always be able (e.g. due to production stops which cannot be influenced) to observe the delivery times. All delivery times specified by Vyro are approximate times only, and are binding for Vyro only insofar as exceeding the delivery date by more than 4 weeks entitles the customer to withdraw from the contract. The delivery time shall commence upon receipt of the purchase price on the account of VYRO Components GmbH. If the delivery times are exceeded, this shall in no case justify any right to withdraw from the contract or claim damages. Any intention to withdraw from the purchase shall be immediately notified to VYRO Components GmbH. Withdrawal may be agreed only with the approval of both contractual parties, i.e. the user and VYRO Components GmbH.

3.7. Delivery, shipment:

The goods are shipped from the registered office of our company, for the account and at the risk of the ordering party. If the carrier returns the shipped goods to Vyro because delivery was impossible, the customer shall bear the costs for the unsuccessful delivery.

3.8. Prices and terms of payment:

Unless indicated otherwise in the product description, all indicated prices are total prices including statutory value-added tax. Shipping costs are charged separately in any case and have to be paid by the buyer. The shipping costs are shown separately in the offer. The customer has different payment options indicated in the online shop. These include in any case payment via PayPal, bank transfer and credit card payment. If the customer has selected advance payment, the payment shall be due immediately after conclusion of the contract. When payment via PayPal has been selected, the contract is processed through the payment provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use (https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or if the customer has no PayPal account https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).

3.9. Reservation of title:

The products delivered by us remain our property until they have been fully paid. With regard to entrepreneurs, Vyro reserves title to the delivered goods until all claims from an ongoing business relationship have been fully paid.

3.10. Warranty and liability:

Any kind of complaints have to be made immediately and within 7 days after delivery. Our warranty is limited at our option to rework, improvement, replacement delivery or refund of the invoice value of the goods not being replaced. Our warranty obligation for products not manufactured by us is limited to the assignment of our warranty claims to the producer concerned. Any claims of the ordering party for damages, for example for costs of the assembly/disassembly of facilities or damages which are an indirect or direct result of products delivered by us, are excluded, regardless of their legal ground.

3.11. Withdrawal:

The customer is entitled to withdraw from the contract only if the customer is a consumer as defined in § 1 of the Consumer Protection Act (KSchG) and VYRO Components was immediately notified of the withdrawal. Entrepreneurs acquiring products from Vyro do not have any right of withdrawal. Consumers are entitled to withdraw from the contract without stating reasons within 14 days from the relevant date when the contract was concluded (right of withdrawal according to § 3 KSchG). In order to exercise the right of withdrawal, the customer has to send a corresponding declaration of withdrawal to Vyro within the period, and the deadline is deemed to have been observed if the customer sends the message before expiry of the withdrawal period.

After exercising the right of withdrawal, Vyro shall refund all payments within a reasonable period, and a period of 14 days is agreed as reasonable in any case, provided that the ordered product has not been shipped yet. If the ordered product was already shipped before exercising the right of withdrawal, the customer shall immediately return the product to Vyro, within 3 working days at the latest. Only after Vyro has received the product and checked its completeness and undamaged condition, Vyro is obligated to refund the purchase price within 14 days. If the customer fails to return the product within the three days‘ period, Vyro shall be entitled to assume that the customer wishes to maintain the contract.

The customer and the consumer shall have no right of withdrawal in the following cases:

– Delivery of goods which are produced in accordance with customer specifications or are clearly tailored to personal needs (e.g.: special paint coats, etc.)

– Services if they were fully provided by Vyro and the customer expressly noted and agreed before ordering them that Vyro can start their provision

– Order/Delivery of newspapers, periodicals or magazines, with the exception of subscription contracts

If for any reason we withdraw from the contract, no claims for damages can be asserted to us. The ordering party shall bear the direct cost of the return if he declared the withdrawal. Returned goods will only be accepted in their original packaging.

3.12. Warranty

If the product is defective, the statutory provisions on liability for defects shall apply. Deviating from this, the following is agreed:

3.12.1. Entrepreneurs

If the customer is an entrepreneur, any minor defects shall not constitute a basis for claims. In addition, Vyro reserves the right to choose the type of supplementary performance. The period for entrepreneurs to assert any claims shall be one year from handover. In case of replacement delivery, the period for the assertion of claims shall not start again.

3.12.2. Consumers:

Vyro does not assume liability for injuries to the body or health which are caused by only slight negligence. Also in all other cases, Vyro is only liable for damages caused by intent or gross negligence. In any case, the customer is asked to report any transport damages to Vyro without delay, and complain to the delivery agent.

 

Privacy Statement:

1. Automatically collected information

Usage data are collected on this website on behalf of VYRO. In addition, the click paths of the personally not identifiable user of the VYRO website are collected for marketing and optimisation purposes. The data collected are used exclusively by VYRO and its authorised distribution and service partners, and are not disclosed to third parties. The collection of such data is in accordance with the currently applicable data protection guidelines and the DSG 2000. These data are used in order to create user profiles in order to analyse the quality of the website, and to control marketing activities. For this purpose, the website may set cookies or read locally stored. The data collected are not used to personally identify the visitor of this website. This is not possible on the one hand, and on the other hand this is not the purpose of tracking.

2. Data privacy statement for the use of Google Analytics

This website uses Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files which are stored on your computer, making it possible to analyse your use of the website. The information generated by the cookie concerning your use of this website are usually transferred to and stored on a Google server in the USA. If IP anonymisation is activated on this website, Google will truncate your IP address within member states of the European Union or in other states being parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address will be transferred to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website, create reports on the website activities, and provide other services associated with the website use and internet use to the website operator. The IP address transferred by your browser using Google Analytics will not be linked with other data by Google.

You may prevent the storage of cookies by setting your browser software accordingly; however, we would like to point out that in such case you may not be able to use all functions of this website to the fullest extent. In addition, you may prevent collection of the data generated by the cookie and related to your use of the website (incl. your IP address) to Google and processing of such data by Google by downloading and installing the browser plug-in available on http://tools.google.com/dlpage/gaoptout?hl=de

3. Data privacy statement for the use of Google +1

3.1. Collection and disclosure of information:

You may publish information worldwide using the Google +1 button. By using the Google +1 button, you and other users are provided by Google and our partners with personalised content. Google stores the information you provided for a +1 content as well as information about the pages you visited when clicking on +1. Your +1 may be displayed as an indication together with your profile name and your photo in any Google services, for example in search results or your Google profile, or in any other places on websites and ads on the internet. Google records data of your +1 activities in order to improve the Google services for you and for others.

In order to be able to use the Google +1 button, you need a globally visible, public Google profile which must contain at least the name selected for the profile. This name will be used in all Google services. In some cases, this name can also replace another name you have used when sharing contents via your Google account. The identity of your Google profile can be displayed to users who know your e-mail address or have other identifying information about you.

3.2. Use of the information recorded:

In addition to the intended uses explained above, the information you provide will be used in accordance with the applicable Google data protection regulations. Google may publish aggregated statistics about the +1 activities of the users, or discloses them to users and partners, such as publishers, advertisers or affiliated websites.

4. Data privacy statement for the use of Facebook plug-ins (Like button)

Plug-ins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our sites. You can identify the Facebook plug-ins by the Facebook logo or the “Like” button (“Gefällt mir”) on our site. An overview of the Facebook plug-ins can be found on: http://developers.facebook.com/docs/plugins/. If you visit our sites, a direct connection between your browser and the Facebook server is created by the plug-in. Facebook is given the information that you have visited our site with your IP address.

If you click on the Facebook “Like” button while you are logged into your Facebook account, you may link the contents of our sites on your Facebook profile. This enables Facebook to relate your visit to our sites to your user account. We would like to point out that we as the provider of the sites do not know the content of the transferred data and their use by Facebook. Further information on this issue can be found in the Facebook privacy policy on http://de-de.facebook.com/policy.php. If you do not wish that Facebook is able to relate visit to our sites to your Facebook user account, please log off from your Facebook user account.

5. Data privacy statement for the use of Twitter

Functions of the Twitter service are integrated into our sites. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “Re-Tweet” function, the websites visited by you are linked to your Twitter account and disclosed to other users. This also involves the transfer of data to Twitter.

We would like to point out that we as the provider of the sites do not know the content of the transferred data and their use by Twitter. Further information on this issue can be found in the Twitter privacy statement on http://twitter.com/privacy. You may change your data privacy settings at Twitter in the account settings dialogue on http://twitter.com/account/settings