Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

§ 1

Scope and contractual partners

(1) These General Terms and Conditions (hereinafter "GTC") apply to all sales of products of 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 directed both at consumers in accordance with Section 13 of the German Civil Code (BGB), i.e. at natural persons who act for a purpose that cannot be attributed to their commercial or independent professional activity, and at entrepreneurs in accordance with Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

(3) Any conflicting or supplementary general terms and conditions of the customer will be rejected.

(4) Please read these Terms and Conditions carefully before placing an order. By placing an order with the provider, you agree to the application of these Terms and Conditions 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 creates and sends a certificate within the meaning of Section 43 Paragraph 1, 42 Paragraph 1 of the Infection Protection Act (IfSG) (hereinafter "certificate") to the email address provided by the customer.
(2) The customer must first send the provider a copy of his identity card or passport as proof of identity.
(3) The customer assures that he is not aware of any facts that would justify a prohibition on activity pursuant to Section 42 (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 subject to change and are not offers in the legal sense. The provider reserves the right to remove or replace products from the SW Shop's product range 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 in the ordering process.
(4) When the customer places an order by clicking on the "order with payment" button, the customer makes a binding offer to enter into a contract. In addition, the customer explicitly confirms beforehand that he has accepted the General Terms and Conditions and has read the cancellation policy and data protection provisions. Receipt of the customer's order will be confirmed immediately by email, which will list the customer's order again, which also includes these General Terms and Conditions including the cancellation policy and which the customer can print out using the "Print" function. The confirmation of receipt does not 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 when the provider sends an order confirmation and the customer receives it. The provider reserves the right to combine the confirmation of receipt with a declaration of acceptance.
(6) Orders are stored by the provider after the contract has been concluded. If the customer loses his documents relating 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 true. Changes must be reported to the provider immediately.

§ 4

Provision of access link and certificate

(1) After conclusion of the contract, the customer will receive an access link by email to use the training video and answer the subsequent control questions.
(2) The customer expressly agrees that the provider begins to fulfil the contract before the expiry of the withdrawal period and hereby confirms that he is aware that this will void his right of withdrawal.
(3) Unless otherwise agreed, the certificate will be issued and provided within 48 hours of using the training video, correctly answering the control questions and sending 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 ensuring that the technical requirements for accessing and using the training video are met. The provider does not guarantee that the training video can actually be used with the customer's computer or other 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) The payment options are specified 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 amounts due at the time of the order.
(5) Invoices will be made available to the customer exclusively electronically.

§ 6

Limitation of liability

(1) Unless otherwise stated in these Terms and Conditions, in particular the following provisions, the provider shall be liable for any breach of contractual and non-contractual obligations in accordance with the statutory provisions.
(2) The provider shall be liable – for whatever legal reason – without limitation for damages resulting from 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 negligent breach of duty by the provider or a legal representative or vicarious agent of the provider, the provider shall be liable (subject to a more lenient standard of liability in accordance with the statutory provisions) only
a) for damages resulting from injury to life, body or health
b) for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. In this case, however, liability is limited to the amount of damage typical for the contract and foreseeable at the time the contract was concluded.
(4) The liability limitations in Section 6 (3) do not apply if the provider has fraudulently concealed a defect, has provided a guarantee with compensation or has assumed a procurement risk. In addition, any mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
(5) To the extent that 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

Consumer revocation instruction

(1) If the customer is a consumer, he or she shall have a right of withdrawal in accordance with the following provisions:
(2) Cancellation policy

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 date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (SW Healthservices GmbH, Julius-Hölder-Straße 47, 70597 Stuttgart, Tel.: 0711-7252-304131, email address: info@belehrung-ifsg.de) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received 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 something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.
If you have requested that the service should begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
End of revocation

(3) Sample cancellation form

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)
- To SW Healthservices GmbH, Julius-Hölder-Straße 47, 70597 Stuttgart, email address: info@belehrung-ifsg.de
- I/we (*) hereby revoke 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 if notification is on paper)
- Date
(*) Delete as appropriate

§ 8th

data protection

(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data over the Internet (e.g. via email) may have security gaps. Accordingly, error-free and trouble-free 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 the data subjects prior written consent.
(4) You have the right at any time to obtain complete and free information about the data concerning you from the online instruction according to IfSG.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.

§ 9

Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier for the cookie. It consists of a character string that allows websites and servers to 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) Through the use of cookies, we can provide users of this website with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, and these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer 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 object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on your hard disk or that cookies that have already been stored are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.

§ 10

Jurisdiction and applicable law

(1) These General Terms and Conditions and the contractual relationship between the provider and the customer are subject exclusively 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 only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the customer has his or her habitual residence (favorability principle).
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

§ 11

Final provisions

Should a provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The same applies if these General Terms and Conditions do not contain a provision that is in itself necessary. The contracting parties will replace the invalid or unenforceable provision with the legally permissible and enforceable provision that economically comes closest to the meaning and purpose of the invalid and unenforceable provision. Should these General Terms and Conditions be incomplete, the contracting parties will reach an agreement with the content that they would have agreed on in accordance with these General Terms and Conditions if the regulatory gap had been known at the time the contract was concluded.

§ 12
The provider of the SW shop is

SW Health Services GmbH
Julius-Hölder-Strasse 47
D-70597 Stuttgart
Phone: 0711-7252-304131
Email address: info@sw-healthservices.de