General Terms and Conditions of Vimana GmbH

General Terms and Conditions of Vimana GmbH

Contracts concluded between Vimana GmbH (hereinafter referred to as Vimana) and the respective customer (hereinafter referred to as the Customer) shall be governed exclusively by the following General Terms and Conditions (GTC). Deviating contractual terms and conditions (GTC) shall only become part of the contract if Vimana has expressly agreed to their validity. Verbal collateral agreements are not made.

If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), these General Terms and Conditions shall apply with the exception of the rights arising from Clause 8 (right of withdrawal).

The GTC can be saved and/or printed out by the customer at any time.

1. your contractual partner

The company Vimana GmbH, represented by the managing director Matthias Schwarz, is registered under HRB 12137 in the commercial register of the Regensburg district court. You can contact Vimana GmbH by telephone on +49(0)9404 6439050, via the homepage www.vimana-gmbh.de or by email at info@vimana-gmbh.de.

2. subject matter of the contract

a) Vimana offers software and training services to both aspiring and already trained pilots to prepare them for professional pilot exams.

b) The service to be provided by Vimana as part of the training offered includes instruction in the examination subjects of the selected airline and the processing of questions relevant to the examination. If a customer opts for training, a service contract is concluded between the customer and Vimana.

The content and procedure of the selected training course can be found in the offers on Vimana’s website and in the confirmation that the customer receives after sending his contractual declaration

c) The training software offered by Vimana enables the customer to independently prepare for the pilot examination he/she is aiming for within a certain contractual period using the respective program content. If a customer chooses the training software offered by Vimana, a license agreement is concluded between the customer and Vimana on the basis of these General Terms and Conditions (GTC).

The customer can find the exact content of the selected software in the offers on the Vimana website and in the confirmation that the customer receives after sending his contractual declaration.

d) Both the training courses offered by Vimana and the training software provided to the customer are based on the examination requirements of the respective airlines. However, the selection of the training material, the exam questions to be worked on and the aids used in the lessons is the sole responsibility of Vimana and may differ from the actual exam questions and content.

The duration of the selected training course depends on the training offer selected by the customer.

3. conclusion of contract

a) The product descriptions on Vimana’s website do not constitute an offer in the legal sense. Rather, the customer is only given the opportunity (invitatio ad offerendum) to submit an offer to conclude a contract with Vimana. The customer’s offer to Vimana is made by completing the order or registration process on the website.

b) By completing the order or registration process on the website www.vimana-gmbh.de and submitting his contractual declaration (by clicking the “Send” button), the customer submits an offer for the first time within the meaning of Section 145 BGB. Immediately after receipt of the contractual declaration by Vimana, the customer shall receive a confirmation in text form containing all contractual terms and conditions as well as all information to which Vimana must refer in accordance with the statutory provisions, in particular the exact description of the selected subject matter of the contract (software or training offer), the final price to be paid (including any applicable VAT and any applicable shipping costs), the statutory cancellation policy and Vimana’s GTC.

We recommend that you save the confirmation sent in text form by email, print it out immediately and keep the printed confirmation for documentation purposes.

c) The confirmation that the customer receives from Vimana immediately after receipt of his contractual declaration does not constitute acceptance and therefore does not yet lead to the conclusion of the contract. It only documents the receipt of the customer’s contractual declaration by Vimana. The contract between Vimana and the Customer shall only be concluded when Vimana expressly accepts the Customer’s offer either by separate notification in text form or in writing, by transmitting a download ID that enables the Customer to download the selected Software directly to his computer or by sending the selected Software to the Customer.

d) The essential features of the selected training or software, which are the subject matter of the contract concluded between Vimana and the Customer, shall be communicated to the Customer in the confirmation sent (Clause 3 b) of these GTC) and otherwise result from the product descriptions of Vimana.

e) Vimana reserves the right to change dates for agreed training courses for good cause. If a change means that a course participant cannot attend the booked training course, the fee paid will be refunded.

f) The customer must have reached the age of 16 in order to be able to make a legally binding contractual declaration.

g) The contract language is German.

h) Your personal details, together with the text of the contract and all conditions that have become part of the contract, are stored automatically and can be retrieved as required. Nevertheless, we recommend that you print out the input mask together with the General Terms and Conditions as a precaution when ordering via our homepage.

4. terms of payment/shipping

a) Payment by the customer can be made by credit card, instant bank transfer, bank transfer, internet payment service (Paypal) or by invoice.

b) If the customer has opted for software from Vimana, the software will be shipped within 3 working days of receipt of payment. If the customer has decided to download the software directly to his computer, he will receive his personal download ID within the same period after receipt of payment.

If a training course is selected, a binding confirmation of registration will be sent within the specified period, which completes the conclusion of the contract.

for immediate information by telephone on +49(0)9404 6439050 or by email to support@vimana-gmbh.de

d) In the event of a chargeback or return debit note caused by incorrect information provided by the customer or a lack of funds in the account, the customer shall bear the resulting costs incurred by Vimana in the amount of EUR 20.00. Vimana reserves the right to prove that the costs are actually lower. The customer reserves the right to prove that the actual costs are lower.

5. prices/shipping costs/course fees

a) The prices shown on the Vimana website include the statutory value added tax. Where Vimana’s services are exempt from VAT, this is expressly indicated

b) The flat shipping fee for shipments within the Federal Republic of Germany is €5.00. For shipments outside Germany, Vimana charges a flat shipping fee of € 9.00.

c) Shipment shall be made exclusively to the Federal Republic of Germany, Austria, Switzerland, the Netherlands, Luxembourg and Italy.

d) In the event of revocation (§ 8 GTC), the customer shall bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed EUR 40 or if the customer has not yet provided the consideration or a contractually agreed partial payment at the time of revocation if the price of the item is higher. Otherwise the return shipment is free of charge for the customer.

6. license conditions for the Vimana software

a) If Vimana provides the Customer with training software in accordance with the contract, the Customer shall have the right to install and use it on a single computer. The provision of the purchased package/product may also take the form of the transfer of personal access data to the corresponding web-based training platform. The right of use begins with the activation of the software. The right of use ends after the actual test procedure at the desired airline/flight school has been completed. At the end of the usage period, the customer is obliged to uninstall the software and destroy any existing copies. The general expiration date of the software is 24 months from purchase. If the software is lost after 12 months of use, a fee of €39 will be charged for reactivation to the latest version. The software may not be passed on to third parties, in particular not even after the actual test procedure with the intended airline has been completed.

The period of use may be extended on the basis of a separate written agreement between the customer and Vimana.

b) The customer has the right to use the software in accordance with the provisions of this contract. The right to obtain updates exists within the first 12 months from the start of the right of use. Vimana shall provide the customer with support by telephone for a period of 12 months, if necessary. After payment of a fee of €19, the support and update service can be used for a further 12 months.

c) The customer is not entitled to edit the software or to influence it in any other way, in particular to reverse engineer, decompile or disassemble it.

d) The software provided to the customer is protected by copyright. The customer is not authorized to rent, lease, lend, make available to third parties or sell the software. The Customer is also not authorized to use the Software in connection with training courses and seminars offered by providers other than Vimana.

7. training resources

Training materials are provided for participation in the training courses offered by Vimana, in particular training software and training documents. The documents provided are protected by copyright and remain the property of Vimana at all times. The making of copies and/or passing on of training materials to third parties is prohibited. Reference is expressly made to the statutory provisions of the German Copyright Act (UrhG), the German Criminal Code (StGB) and the Unfair Competition Act (UWG). Vimana reserves the right to assert claims for damages in the event of violations.

If the training participant is granted the right to take training materials, he must return them no later than 2 weeks after the end of the training.

8. termination/withdrawal/warranty

a) If the customer chooses a training course, a binding contract for services is concluded with Vimana. In principle, the statutory provisions on termination of the contract shall apply; express reference is made to Section 626 BGB (termination for good cause).

b) If a selected course is not started by the customer without a justified reason or is discontinued without a justified reason, the course fees will not be refunded. If the course participant is able to prove that Vimana has incurred less damage than the course fee as a result of the non-attendance or discontinuation of the course, Vimana shall refund the course fee in this amount.

c) If the customer has booked a training course as part of a seminar, he may withdraw from it up to 30 days before the start of the course. In this case, only the deposit invoice remains due. If the customer withdraws 29 to 15 days before the start of the seminar, 50% of the course fee shall remain due. If the withdrawal is made less than 15 days before the start of the seminar, the full course fee remains due. Withdrawal must be made in writing. However, in the event of being unable to attend, the customer may nominate a replacement person to take part in the course.

d) If the customer selects a training software, a binding license agreement is concluded with Vimana. In principle, the statutory provisions on material defects and defects of title of the licensed software shall also apply here as agreed, §§ 536 et seq. BGB accordingly.

e) If the customer has booked a language examination and reserved a corresponding date, this date can be postponed once up to 24 hours before the start at the latest. If the exam is postponed or canceled after this deadline, the booked exam is deemed not to have been taken and the exam fee is forfeited. The same applies if the examination is not started within a time window of 10 minutes around the booked date at the latest or is repeatedly postponed. If the customer does not establish a sufficiently good internet connection for an audio and video connection, the examination shall also be deemed not to have been taken. The examination must be taken within a time window of 12 months after payment of the examination fees. Otherwise, the examination will again be deemed not to have been taken and the right to take the examination will lapse after this period.

f) With regard to the training courses, training materials and software offered by Vimana, the following also applies:

Vimana offers software and training services that are intended to prepare the customer for the intended pilot examination. It is not part of the service offered by Vimana to convey or communicate to the customer the specific examination questions to be expected in the intended examination. This would not be possible as the specific content of the exam changes frequently.

Vimana would also like to point out that no guarantee can be given for passing the desired examination. Naturally, passing the exam depends on many factors over which Vimana has no influence.

9. limitation of liability

a) Vimana shall have unlimited liability for damages suffered by the customer due to its own willful misconduct or gross negligence. Vimana’s liability for personal injury, damages under the Product Liability Act or other producer’s liability as well as damages caused by delay shall also be unlimited in accordance with the statutory provisions. This also applies to damages caused by Vimana’s vicarious agents.

b) Insofar as Vimana is not liable on the basis of a guarantee, Vimana shall only be liable for damages caused by it or its vicarious agents through slight negligence insofar as these are based on the breach of material contractual obligations. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the contractual partner may rely. According to this provision, Vimana’s liability for simple negligence is limited to typically foreseeable damages that were reasonably foreseeable for Vimana at the time the contract was concluded.

c) Any limitation or exclusion of liability on the part of Vimana shall also apply in favor of its representatives and vicarious agents.

10. privacy policy

We take the protection of your personal data very seriously and adhere to the provisions of the data protection laws. The following statement gives you an overview of how we guarantee this protection and how we handle your personal data.

10.1 Name and contact details of the controller

This data protection information applies to data processing by:

Vimana GmbH, represented by its managing director Mr. Matthias Schwarz, Am Bauernfeld 28, 93152 Nittendorf, email: info@vimana.eu, phone: +49(0)9404 6439050.

10.2 Collection and storage of personal data and the nature and purpose of their use

a) When visiting the website

When you visit our website www.vimana-gmbh.de, the browser used on your device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without any action on your part and stored until it is automatically deleted:

IP address of the requesting computer,
date and time of access,
name and URL of the retrieved file,
website from which access is made (referrer URL),
browser used and, if applicable, the operating system of your computer and the name of your access provider.

We process the aforementioned data for the following purposes:

Ensuring a smooth connection setup of the website,
Ensuring a comfortable use of our website.
Evaluation of system security and stability as well as
for further administrative purposes.

The legal basis for data processing is Art. 6 para. 15. 1 lit. f GDPR. Our legitimate interest follows from the purposes for data collection listed above. Under no circumstances do we use the data collected for the purpose of drawing conclusions about your person. In addition, we use cookies and analysis services when you visit our website.
You can find more detailed explanations on this in sections 4 and 5 of this privacy policy.

b) When registering for our newsletter

If you have expressly consented in accordance with Art. 6 para. 15. 1 lit. a GDPR, we will use your e-mail address to send you our newsletter on a regular basis. To receive the newsletter, it is sufficient to provide an email address. You can unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can also send your unsubscribe request at any time to info@vimana.eu by e-mail.

c) When using our contact form

For questions of any kind, we offer you the opportunity to contact us via a form provided on the website. It is necessary to provide a valid e-mail address so that we know who sent the request and can answer it. In addition, your name, telephone number and the content of a possible message to us will be requested.

Data processing for the purpose of contacting us is carried out in accordance with Art. 6 para. 1 5. 1 lit. a GDPR on the basis of your voluntarily given consent.

The personal data collected by us for the use of the contact form
will be automatically deleted after your request has been dealt with.

10.3 Forwarding of data

Your personal data will not be transferred to third parties for purposes other than those listed below.

We only pass on your personal data to third parties if:

you have given your express consent in accordance with Art. 6 para. 15. 1 lit. a GDPR, the disclosure in accordance with Art. 6 para. 1 5. 1 lit. f GDPR is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
in the event that there is a legal obligation for the disclosure in accordance with Art. 6Abs. 1 5. 1 lit. c DSGVO there is a legal obligation, as well as
this is legally permissible and according to Art. 6 para. 15. 1 lit. b DSGVO is required for the processing of contractual relationships with you.

10.4 Cookies

We use cookies on our website. These are small files that your browser automatically creates and that are stored on your end device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not cause any damage to your end device and do not contain any viruses, Trojans or other malware.

Information is stored in the cookie that results in each case in connection with the specific end device used. However, this does not mean that we obtain direct knowledge of your identity.

On the one hand, the use of cookies serves to make the use of our website more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already visited our website when you visit it again. These cookies are automatically deleted after a defined period of time.

The data processed by cookies are necessary for the purposes mentioned to protect our legitimate interests and those of third parties in accordance with Art. 6 para. 1 5. 1 lit. f GDPR.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, completely deactivating cookies may mean that you cannot use all the functions of our website.

10.5 Analysis tools

a) Tracking tools

The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 5. 1 lit. f GDPR. With the tracking measures used, we want to ensure a needs-based design and the continuous optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate within the meaning of the aforementioned provision.

The respective data processing purposes and data categories can be found in the corresponding tracking tools.

i) Google Analytics

We use Google Analytics, a web analysis service of Google Inc (https://www.google.de/analytics) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter referred to as “Google”) for the purpose of designing and continuously optimizing our pages to meet your needs. In this context, pseudonymized user profiles are created and cookies (see section 4) are used. The information generated by the cookie about your use of this website such as

Browser type/version,
operating system used,
referrer URL (the previously visited page),
host name of the accessing computer (IP address),
time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that they cannot be assigned (IP masking).

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?h1=de).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie will be set to prevent the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

Further information on data protection in connection with Google Analytics can be found in the Google Analytics help section (https://support.google.com/analytics).

ii) Google Adwords Conversion Tracking

We also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for the purpose of optimizing our website for you. Google Adwords places a cookie (see section 4) on your computer if you have reached our website via a Google ad.

These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of the Adwords customer’s website and the cookie has not yet expired, Google and the customer can recognize that the user clicked on the ad and was redirected to this page.

Each Adwords customer receives a different cookie. Cookies can therefore not be tracked via the websites of Adwords customers. The information collected using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers are told the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.

If you do not wish to participate in the tracking process, you can also refuse the setting of a cookie required for this – for example, by using a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser to block cookies from the domain “wvw.oo1eadservices.com”. Google’s privacy policy on conversion tracking can be found here (https://services.goog1e.com/sitestats/de.html.

iii) Matomo

We use the open source software Matomo to analyze and statistically evaluate the use of the website. Cookies are used for this purpose (see section 4). The information generated by the cookie about the use of the website is transmitted to our servers and summarized in pseudonymous user profiles. The information is used to evaluate the use of the website and to enable a needs-based design of our website. The information is not passed on to third parties.

Under no circumstances is the IP address associated with other data relating to the user. The IP addresses are anonymized so that an assignment is not possible (IP masking).

Your visit to this website is currently recorded by Matomo Web Analytics. Click here (https:/matamo.org/docs/privacy) so that your visit is no longer recorded.

10.6 Social media plug-ins

We use social plug-ins from the social networks Facebook, Twitter and Instagram on our website on the basis of Art. 6 para. 1 5. 1 lit. f GDPR in order to make our law firm better known. The underlying advertising purpose is to be regarded as a legitimate interest within the meaning of the GDPR. Responsibility for data protection-compliant operation must be guaranteed by the respective provider. We integrate these plug-ins using the so-called two-click method in order to protect visitors to our website in the best possible way.

a) Facebook

Social media plugins from Facebook are used on our website to make their use more personal. We use the “LIKE” or “SHARE” button for this purpose. This is an offer from Facebook.

When you access a page of our website that contains such a plugin, your browser establishes a direct connection with the Facebook servers. The content of the plugin is transmitted directly from Facebook to your browser and integrated into the website.

By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted directly from your browser to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can assign your visit to our website directly to your Facebook account. If you interact with the plugins, for example by clicking the “LIKE” or “SHARE” button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research and the needs-based design of Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.

If you do not want Facebook to associate the data collected via our website with your Facebook account, you must log out of Facebook before visiting our website.

The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights in this regard and setting options to protect your privacy can be found in Facebook’s data protection information
(https://www.facebook.com/about/privacy/).

b) Twitter

Plugins of the short message network of Twitter Inc (Twitter) are integrated on our website. You can recognize the Twitter plugins (tweet button) by the Twitter logo on our site. You can find an overview of tweet buttons here
(https://about.twitter.com/resources/buttons

When you visit a page on our website that contains such a plugin, a direct connection is established between your browser and the Twitter server. Twitter receives the information that you have visited our site with your IP address. If you click on the Twitter “tweet button” while you are logged into your Twitter account, you can link the content of our pages to your Twitter profile. This allows Twitter to associate your visit to our website with your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by Twitter.

If you do not want Twitter to be able to assign your visit to our pages, please log out of your Twitter user account.

Further information on this can be found in Twitter’s privacy policy
(https:/twitter.com/privacy).

c) Instagram

Our website also uses so-called social plugins (“plugins”) from Instagram, which is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”).

The plugins are marked with an Instagram logo, for example in the form of an “Instagram camera”.

When you access a page on our website that contains such a plugin, your browser establishes a direct connection to Instagram’s servers. The content of the plugin is transmitted by Instagram directly to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram.

This information (including your IP address) is transmitted directly from your browser to an Instagram server in the USA and stored there. If you are logged in to Instagram, Instagram can directly associate your visit to our website with your Instagram account. If you interact with the plugins, for example by clicking the “Instagram” button, this information is also transmitted directly to an Instagram server and stored there.

The information will also be published on your Instagram account and displayed there to your contacts.

If you do not want Instagram to assign the data collected via our website directly to your Instagram account, you must log out of Instagram before visiting our website.

Further information can be found in Instagram’s privacy policy
(https://help.instagram.com/155833707900388).

10.7 Rights of data subjects

You have the right:

in accordance with Art. 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information about its details;

in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;

in accordance with Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it to assert, exercise or defend legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;

in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller

in accordance with Art. 7 para. 3 GDPR, to withdraw your consent once given to us at any time. The consequence of this is that we may no longer continue the data processing based on this consent in the future and

to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority at your usual place of residence or workplace or at the registered office of our law firm.

10.8 Right of objection

If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 (1) 5. 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right to object, which will be implemented by us without specifying a particular situation.

If you wish to exercise your right of revocation or objection, simply send an e-mail to info@vimana.eu.

10.9 Data security

We use the widespread SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser when you visit our website. As a rule, this is 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed display of the key or lock symbol in the lower status bar of your browser.

We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

10.10 Up-to-dateness and amendment of this privacy policy

This privacy policy is currently valid and was last updated in May 2018.

It may become necessary to amend this privacy policy as a result of the further development of our website and offers on it or due to changes in legal or official requirements. You can access and print out the current privacy policy at any time on the website at https://www.vimana-gmbh.de/datenschutz.

11 Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days

in the case of a service contract (e.g. a training contract) that you have concluded with us, from the date of conclusion of the contract;
in the case of a contract for the purchase of digital content that is not delivered on a physical data carrier (e.g. the download of training software), from the date of conclusion of the contract;
in the case of any other purchase contract, from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, Vimana GmbH, represented by its managing director Mr. Matthias Schwarz, Am Bauernfeld 28, 93152 Nittendorf, Tel.: +49(0)9404 6439050, Email: info@vimana.eu, of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. If you have concluded a purchase contract with us and we have sent you goods (i.e. not just digitized content), we may refuse to refund you until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. We shall bear the costs of returning the goods. 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 checking their condition, properties and functionality.

If, in the case of a service contract (e.g. training contract), you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Exceptions to the right of withdrawal

The right of withdrawal does not exist or expires for the following contracts:

for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the supply of digital content not on a tangible medium, if we have commenced performance of the contract after you have expressly agreed that we may commence performance of the contract before the expiry of the withdrawal period and have expressly confirmed that you are aware that you will lose your right of withdrawal upon commencement of performance of the contract.

The right of withdrawal also only applies if you are a consumer within the meaning of Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession. If you are not a consumer, you have no right of withdrawal.

Sample withdrawal form

(If you wish to withdraw from the contract, please complete and return this form):

To Vimana GmbH, Am Bauernfeld 28, 93152 Nittendorf, e-mail: info@vimana.eu
I/we * hereby revoke the contract concluded by me/us * for the purchase of the following goods */ the provision of the following services
ordered on */ received on*
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date

*delete as appropriate”

12 Provider identification

Vimana GmbH
Am Bauernfeld 28
93152 Nittendorf
Managing Director: Matthias Schwarz

Phone: +49(0)9404 6439050
Email: info@vimana-gmbh.de
URL: www.vimana-gmbh.de

13 Final provisions

a) The law of the Federal Republic of Germany shall apply.

b) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of the provider. The same applies if the customer does not have a place of residence or habitual abode in Germany.

c) If individual provisions of this contract or these GTC are or become invalid, this shall not affect the validity of the remaining provisions.

d) All illustrations and texts on the Vimana website are protected by copyright. The same applies to software and teaching materials offered by Vimana. Any use beyond the contractual provision is prohibited.

e) According to Section 36 (1) No. 1 VSBG, online retailers must inform consumers in a clear and comprehensible manner, both in their general terms and conditions and in an easily accessible place on their websites, to what extent they are willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.