General Terms and Conditions of VR Coach GmbH

1. Provider and scope

1.1 The provider and contracting party is VR Coach GmbH, Weng 242, 5453 Werfenweng, Austria (“VR Coach”). Contact: info@vr-coach.at, tel. 0043-650-3505980.

1.2 These terms apply to all contracts concerning the products and services of VR Coach — in particular the VR therapy systems (“smartsystem”), the associated software modules and subscriptions, as well as training and support services.

1.3 VR Coach addresses its offer to companies and institutions in the healthcare sector — such as clinics, outpatient facilities and therapeutic practices — as well as to self-employed therapists. As a rule, the contracting party is therefore an entrepreneur within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG). Should a consumer exceptionally become the contracting party, the consumer-protection provisions (see Section 9) apply in addition.

1.4 The customer’s terms and conditions apply only if VR Coach agrees to them in writing.

2. Services of VR Coach

2.1 Depending on the order, the subject matter of the contracts is the provision of VR hardware systems, the provision of software modules under a subscription, additional content, as well as training and support.

2.2 Presentations on the website, in the catalogue and in price lists are for information only and do not constitute a binding offer.

3. Conclusion of the contract

3.1 Contact usually arises from an inquiry by the customer — e.g. by e-mail, telephone, via the catalogue order or a showroom appointment — or following a free trial period (Section 4).

3.2 A contract is concluded as soon as VR Coach confirms the order, issues an invoice for it, or provides or delivers the ordered service — whichever occurs first. An automatic acknowledgment of receipt does not yet constitute acceptance.

3.3 The concluded contract, together with these terms, is made available to the customer in text form and stored by VR Coach.

4. Trial period and software subscriptions

4.1 Customers who own a VR headset can install certain software products on it and test them free of charge, insofar as this is offered by VR Coach GmbH.

4.2 After an agreed trial period, the customer is asked whether they are interested in a subscription to this software. If the customer confirms this in writing or verbally, VR Coach GmbH issues an invoice for the subscription amount for one year. The price that applies is the one shown on the VR Coach GmbH website at the time of the customer’s confirmation.

4.3 This subscription renews automatically for one year. The reference date is the invoice date of the first order. The invoice provides information about the automatic renewal on this reference date. VR Coach GmbH is not required to send the customer a further reminder. In the event of a renewal, the customer is obliged to pay the subscription fee for the further year. The same means of payment as for the initial order applies, unless VR Coach GmbH switches to other payment methods; in that case the customer must use any new payment method, insofar as this is possible for them. The customer may cancel the subscription in writing up to and including the day before the reference date. An e-mail to info@vr-coach.at is sufficient for this.

4.4 If, after the trial period, the customer decides to take out a subscription, the software is generally deemed to have been checked and accepted by the customer. Should problems with the use of the software arise during the subscription period, there is no claim to a refund or partial refund of the subscription fees. Should the problems be directly related to VR Coach GmbH’s software, VR Coach GmbH undertakes to remedy the problem as quickly as possible by means of an update.

4.5 Customers can in principle subscribe to various software products. There is a so-called basic package and further additional content. Each order is a separate subscription, possibly with different renewal reference dates. Each product must be cancelled separately. Each product is invoiced separately.

5. Hardware systems: delivery, acceptance, support and warranty

Upon delivery of our VR systems, the functionality of the hardware and software is tested and accepted by the customer.

In the case of postal delivery of the system, the customer receives training documents for the independent setup and commissioning of the system. If there is no complaint within 14 days of receipt of the training documents, functionality is deemed proven.

From this point on, VR Coach GmbH continues to offer free support if functionality has been impaired by its own updates.

However, if changes have been made to the hardware or its settings on the customer’s side and functionality is subsequently impaired, there is no claim to free support. In this case, the customer may request support from VR Coach, which may be offered as a paid service.

The customer is also aware that additional programs such as Steam, SteamVR, Windows Mixed Reality, etc. are required for VR Coach’s software. Should malfunctions occur in these programs that also impair the functionality of the VR Coach software, there is likewise no claim to free support.

6. Prices, invoices and payment

6.1 The prices agreed or shown on the VR Coach website at the time the contract is concluded apply. All prices are net prices and are subject to statutory value added tax (VAT).

6.2 Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction.

6.3 In the event of late payment, default interest at the statutory rate applies.

6.4 If the customer pays from outside the EU or delivery is made to a third country, the customer bears any bank, exchange-rate and import costs (e.g. customs duties).

7. Retention of title and software use

7.1 Delivered hardware remains the property of VR Coach until full payment.

7.2 If a software subscription is not paid on time or in full, VR Coach may restrict access to the software until the outstanding amounts have been settled.

7.3 For the duration of the subscription, the customer receives a simple, non-transferable right to use the software.

8. Warranty and liability

8.1 The statutory warranty rules apply to defects, supplemented by the special acceptance and support rules in Section 5.

8.2 The statutory liability provisions apply.

9. Right of withdrawal

9.1 Consumers have a right of withdrawal in accordance with the separate withdrawal instructions.

9.2 Entrepreneurs have no statutory right of withdrawal or cancellation; the right of withdrawal governed by the Austrian Distance and Off-Premises Contracts Act (FAGG) applies only to consumers.

10. Customer account

10.1 A password-protected customer account may be set up for the use of certain services. The customer keeps their access data confidential.

10.2 Via the customer account, the customer can access the respective contract text. The account can be deleted at any time by notifying info@vr-coach.at.

11. Contract language, choice of law and place of jurisdiction

11.1 Contracts may be concluded in German and English.

11.2 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which a consumer has their habitual residence remain unaffected.

11.3 If the customer is an entrepreneur, the exclusive place of jurisdiction is the registered office of VR Coach.

12. Final provisions

12.1 Should any provision be or become invalid, the remainder of the contract remains valid.

12.2 Amendments and additions require text form.