General terms and conditions (GTC) for private clients
General terms and conditions (GTC) for private clients
1. Scope / Definition
1.1. The following General Terms and Conditions (GTC) apply to the use of the online tools of vivamind – Gesellschaft für Präventivmedizin und Psychologie mbH, Lindemannstr. 6a, 44137 Dortmund, Germany, which also holds all rights thereto.
1.2. Our contact details are:
vivamind – Gesellschaft für Präventionsmedizin und Psychologie mbH
Phone: +49 231 477 684 3
1.3. Represented by:
Marion Beck, managing partner
Dr. Rüdiger Beck, managing partner
Prof. Dr. Stefan Diestel, managing partner
2. Services of vivamind GmbH
2.1. Vivamind GmbH provides consumers with online tools that visualize and display health potentials in different ways and explain them with texts.
2.2. Within the scope of technical and operational possibilities, vivamind GmbH has set itself the goal of achieving an average annual availability of the database of 95%. Vivamind GmbH is entitled to shut down the database for the purpose of updating or technical inspection and maintenance. Users agree to all necessary or useful shutdowns for technical reasons, even at short notice and without prior notice. In return, vivamind GmbH will, as far as reasonable and feasible, perform such shutdowns only at times when the retrieval of data is very low.
2.3. Vivamind GmbH is not responsible for downtimes of the database due to force majeure as well as energy or raw material shortage, interruption of the energy supply, labor disputes, official or sovereign measures or other operational disturbances.
3. Content posted by users
3.1. All data entered by the users will be stored in accordance with the basic data protection regulation and national data protection laws. Such data shall be used exclusively by users for the use of the online tools of vivamind GmbH. Upon expiration of the contract period of a booked product area of the online tools of vivamind, the data entered by users will no longer be available to users.
3.2. Users alone will be responsible for the content they place in the online tools of vivamind GmbH, which users create in the online tools of vivamind GmbH within the framework of this contract, regardless of the form in which this is done, and for its correctness and legal admissibility. In particular, users assure that the data posted by them does not violate the rights of any third parties, in particular copyrights, personal rights and/or trademark rights of third parties, and that it does not violate any legally valid regulations, in particular competition law regulations. vivamind GmbH is not obliged, but entitled, to check posted data for the impairment of the rights of third parties or for competition violations.
3.3. Insofar as users violate the obligations in the above section 3.2, users shall be obligated to indemnify vivamind GmbH from any claims of third parties that arise from this violation of obligations. This also includes any fines, penalties or costs in connection with a criminal prosecution as well as any judicial and extrajudicial costs of vivamind GmbH in the context of a civil law dispute. A breach of section 3.2 shall be deemed to be a breach of an essential contractual obligation.
3.4 As far as violations of section 3.2 are either discovered by vivamind GmbH or reported by third parties, vivamind GmbH shall be entitled to block the corresponding content without the user’s consent until the factual and legal situation has been finally clarified.
4. Prices and payment conditions
4.1. vivamind GmbH offers various online tools to consumers and companies for which the prices stipulated in the contract must be paid.
4.2. The prices which have been concluded by vivamind GmbH and the consumer or company at the time of the conclusion of the contract shall be legally binding. All prices quoted on the website are inclusive of the applicable statutory value added tax. The right to make changes is reserved.
4.3. Payment is processed by Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter “Heidelpay”). Payment methods include credit card, PayPal, Klarna (instant bank transfer) and Giropay. Payments are processed in cooperation with Heidelpay, to which vivamind GmbH assigns its payment claims. In this case clients have to make payments to Heidelpay with debt discharging effect. Even when choosing the payment method via Heidelpay, vivamind GmbH remains responsible for general client inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of cancellation and sending or credit notes.
5. Conclusion of contract
5.1. The contracts are concluded with clients and companies (clients / customers / clients) with vivamind GmbH. The contract can be terminated at any time with a notice period of 4 weeks.
5.2. Conclusion of the contract is offered in the German language.
5.3. Only persons of full age can place orders.
6. Copyright protection of vivamind GmbH
6.1. The online tools of vivamind are a database protected according to the regulations of copyright law. The content available on the websites and apps of vivamind GmbH, in particular the data content, graphics, written texts, images, etc. posted by vivamind GmbH, are protected by copyright in favor of vivamind, or vivamind is the owner of the corresponding usage rights.
6.2. Users are obligated to observe and not violate existing copyright, trademark and other ancillary copyrights in favor of vivamind GmbH. Users may retrieve, store and use the contents of the websites of vivamind GmbH only for their own use. Any other duplication, transformation, public presentation, distribution, broadcasting or other exploitation of not insignificant parts is not permitted. vivamind GmbH will pursue all unauthorized uses according to applicable law.
7. Privacy / Passwords
7.1. Users are obliged to exercise the greatest possible care when using passwords, user names or other security devices that are provided in connection with services of vivamind GmbH and to ensure that their disclosure to third parties is prevented.
7.2. Users shall be liable for any damage caused by unauthorized use of passwords by unauthorized third parties.
8. Term of contract / termination
8.1. The duration of the contract shall be based on the terms agreed by users when concluding the contract.
8.2. If vivamind GmbH terminates the contract for good cause, a refund of the remuneration already paid by users shall be excluded; vivamind GmbH reserves the right to further claims.
8.3. Vivamind GmbH shall only be liable for damages other than those resulting from injury to life, body and health if these damages are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation by vivamind GmbH or its vicarious agents. An obligation shall be deemed to be essential to the contract if its fulfilment is essential to the proper execution of the contract and if users can regularly rely on its compliance. Any further liability for damages shall be excluded.
9. Alternative dispute resolution
9.1. The EU Commission provides a platform for online dispute resolution on the Internet, which you can find here http://ec.europa.eu/consumers/odr/.
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2. Vivamind GmbH shall neither be obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.Miscellaneous
10.1. The laws of the Federal Republic of Germany shall apply to contracts between the provider and the clients to the exclusion of the UN Sales Convention.
10.2. The contract language is German. Even if the text of the contract should be translated into another language, the German text of the contract shall remain binding.
10.3. Should individual clauses of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The parties shall replace any invalid provision by a provision which comes closest to the economic purpose of the invalid provision and is valid. The same procedure should be followed in the absence of any contractual provision.
Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must notify us (vivamind GmbH, Lindemannstr. 6a, 44137 Dortmund, E-Mail: Info@vivamind.de) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) about your decision to cancel this contract. You can use the attached sample cancellation form, which, however, is not mandatory. In order to comply with the cancellation period, it will be sufficient for you to send the notification regarding the exercise of the right of cancellation before the end of the cancellation period.
Consequences of the cancellation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested that the services be commenced during the cancellation period, you shall 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 cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To vivamind GmbH, Lindemannstr. 6a, 44137 Dortmund, Germany, e-mail: Info@vivamind.de:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*) ___________________________________________________________________________________________________________________________________________________________
Name of the consumer(s) ____________________________________________________________________________________________________________________________________________________________________
Address of the consumer(s) _____________________________________________________________________________________________________________________
Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
End of the cancellation instructions