Terms and Conditions

GENERAL TERMS AND CONDITIONS

§ 1

Scope and Contracting Parties

(1) These General Terms and Conditions (hereinafter "GTC") apply to all sales of products by SW Healthservices GmbH (hereinafter "Provider") concluded with customers via the website www.belehrung-ifsg.de (hereinafter "SW-Shop").

(2) The invitation to order products from the Provider via the SW-Shop is addressed to both consumers in accordance with § 13 BGB (German Civil Code), i.e. natural persons who act for a purpose that cannot be attributed to their commercial or independent professional activity, and entrepreneurs in accordance with § 14 BGB, i.e. natural or legal persons or legal partnerships who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

(3) Deviating, conflicting or supplementary General Terms and Conditions of the customer are rejected.

(4) Please read these GTC carefully before placing an order. By placing an order with the Provider, you agree to the application of these GTC to your order.

§ 2

Contract Content

(1) The Provider provides the customer with a training video followed by control questions. If the control questions are answered successfully and all relevant data is transmitted, the Provider will create and send a certificate in accordance with § 43 para. 1, 42 para. 1 of the Infection Protection Act (IfSG) (hereinafter "Certificate") to the email address provided by the customer.
(2) For this purpose, the customer must first submit a copy of his/her identity card or passport to the Provider as proof of identity.
(3) The customer assures that he/she is not aware of any facts that would lead to a prohibition of activity according to § 42 para. 1 IfSG.

§ 3

Conclusion of Contract

(1) Contracts via the SW-Shop can only be concluded in German.
(2) The offers from the Provider in the SW-Shop are always non-binding and do not constitute offers in a legal sense. The Provider reserves the right to remove or replace products from the product range of the SW-Shop and to change product properties.
(3) The customer can initially place products in the virtual shopping cart without obligation and correct entries at any time before submitting a binding order by using the correction aids provided and explained for this purpose in the ordering process.
(4) By placing an order by clicking on the "order with obligation to pay" button, the customer submits a binding offer for a contract. In addition, the customer explicitly confirms beforehand that he accepts the GTC and has taken note of the cancellation policy and data protection regulations. The receipt of the customer's order will be confirmed immediately by email, which again lists the customer's order, which also includes these GTC together with the cancellation policy, and which the customer can print out using the "Print" function. The order confirmation does not yet constitute a binding acceptance of the order, but merely serves to inform that the customer's order has been received.
(5) The contract between the Provider and the customer is only concluded with the receipt of an order confirmation from the Provider and its receipt by the customer. The Provider reserves the right to combine the order confirmation with a declaration of acceptance.
(6) Orders are stored by the Provider after conclusion of the contract. If the customer loses his documents related to his order, he can contact the Provider by email. The Provider will then send the customer a copy of the order data.
(7) The customer assures that all information provided by him when ordering in the SW-Shop (e.g. name, address, email address, bank details, etc.) is truthful. Changes must be communicated to the Provider immediately.

§ 4

Provision of Access Link and Issuance of Certificate

(1) After conclusion of the contract, an access link for using the training video and answering the subsequent control questions will be sent to the customer by email.
(2) The customer expressly agrees that the Provider will begin fulfilling the contract before the expiry of the cancellation period and hereby confirms that he is aware that his right of withdrawal will expire as a result.
(3) Unless otherwise agreed, the certificate will be issued and provided within 48 hours after using the training video, correctly answering the control questions, and submitting a copy of the customer's identity card or passport as proof of identity to the email address provided by the customer.
(4) The customer is solely responsible for creating the technical prerequisites for accessing and using the training video. The Provider does not guarantee that the training video will function properly on the customer's computer or other end device.

§ 5

Prices

(1) The prices stated in the SW-Shop at the time of the order apply. All prices are final prices and include the applicable statutory value-added tax.
(2) Payment options are indicated in the SW-Shop. The customer can pay for the product using the following payment methods:
- PayPal
- Credit Card
- Amazon Pay
(3) The customer is not permitted to pay for the product by sending cash or submitting checks.
(4) If the customer chooses an online payment method, the customer thereby authorizes the Provider to collect the due amounts at the time of the order.
(5) Invoices will be provided to the customer exclusively electronically.

§ 6

Limitation of Liability

(1) The Provider shall be liable, as far as nothing else results from these GTC, in particular the following provisions, for a breach of contractual and non-contractual obligations in accordance with statutory provisions.
(2) The Provider shall be liable – for whatever legal reason – without limitation for damages based on an intentional or grossly negligent breach of duty by the Provider or by one of the Provider's legal representatives or vicarious agents.
(3) In the event of a merely simple negligent breach of duty by the Provider or a legal representative or vicarious agent of the Provider, the Provider shall only be liable (subject to a milder standard of liability according to statutory provisions)
a) for damages resulting from injury to life, body, or health
b) for damages resulting from the breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies and may rely. In this case, however, liability is limited in amount to the contract-typical, foreseeable damage at the time of contract conclusion.
(4) The limitations of liability from § 6 (3) do not apply insofar as the Provider has fraudulently concealed a defect, assumed a guarantee with a damage compensation obligation, or a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
(5) Insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of the organs, legal representatives, employees, staff, and vicarious agents of the Provider.

§ 7

Right of Withdrawal for Consumers

(1) If the customer is a consumer, he is entitled to a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (SW Healthservices GmbH, Julius-Hölder-Straße 47, 70597 Stuttgart, E-mail address: info@belehrung-ifsg.de) by means of a clear statement (e.g. a letter sent by post or an e-mail) 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 communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement.
If you requested the service to begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of Right of Withdrawal Information

(3) Sample Withdrawal Form

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)
- To SW Healthservices GmbH, Julius-Hölder-Straße 47, 70597 Stuttgart, E-mail address: info@belehrung-ifsg.de
- I/We (*) hereby withdraw from 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 consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for communication on paper)
- Date
(*) Delete as appropriate

§ 8

Data Protection

(1) Should personal data (e.g. name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties, unless you have consented beforehand.
(2) We point out that data transmission over the Internet (e.g. by email) can have security gaps. Therefore, a complete and flawless protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, unless the provider has given prior written consent to the affected persons.
(4) You have the right at any time to receive complete and free information from the online instruction according to IfSG about the data stored concerning you.
(5) Furthermore, there is a right to rectification/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate privacy policy.

§ 9

Cookies

(1) We may use cookies to display our product offerings. Cookies are small text files that are stored locally in the cache of the website visitor's internet browser.
(2) Numerous internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored.
This enables the visited internet pages and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain stored on your computer system and enable us to recognize your system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available for this purpose, which you can reject or accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or so that already stored cookies are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or in the instructions of the software manufacturer.

§ 10

Jurisdiction and Applicable Law

(1) These GTC and the contractual relationship between the Provider and the customer are exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the customer has their habitual residence is not withdrawn (favorability principle).
(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the Provider's registered office.

§ 12

Final Provisions

Should a provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected thereby. The same applies in the event that these GTC do not contain a provision that would otherwise be necessary. The contracting parties shall replace the invalid or unenforceable provision with a legally permissible and enforceable provision that comes closest to the economic purpose of the invalid and unenforceable provision. Should these GTC be incomplete, the contracting parties shall make an agreement with the content that they would have agreed upon in the sense of these GTC if the regulatory gap had been known at the time of conclusion of the contract.

§ 13

Provider of the Shop is

SW Healthservices GmbH
Julius-Hölder-Straße 47
D-70597 Stuttgart
Email address: info@belehrung-ifsg.de