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.schulung-lmhv.de ​​(hereinafter "SW Shop").

(2) The invitation to order products from the provider via the SW-Shop is directed both at consumers according to 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 according to 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 deviating, 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 test questions. Upon successful completion of the test questions and submission of all relevant data, the provider will create and send a certificate pursuant to Section 43 (1) and Section 42 (1) of the German Infection Protection Act (IfSG) (hereinafter "Certificate") to the email address provided by the customer.
(2) The customer shall provide the provider with a copy of his/her 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 of 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 made by the provider in the SW Shop are always subject to change and do not constitute 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 features.
(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 tools provided and explained in the order process.
(4) By clicking the "Order with payment" button, the customer submits a binding offer to enter into a contract. Furthermore, the customer explicitly confirms that they accept the General Terms and Conditions and have read the cancellation policy and privacy policy. Receipt of the customer's order will be confirmed immediately by email. This email will list the customer's order again, including these General Terms and Conditions and the cancellation policy. The email can be printed out by the customer using the "Print" function. The confirmation of receipt does not constitute a binding acceptance of the order, but merely serves to inform them that the customer's order has been received.
(5) The contract between the provider and the customer is only concluded upon receipt of an order confirmation from the provider and its receipt by the customer. 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 their order documents, they can contact the provider by email. The provider will then send the customer a copy of the order data.
(7) The customer guarantees that all information provided when ordering in the SW Shop (e.g., name, address, email address, bank details, etc.) is true and correct. Any 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 may begin to fulfil the contract before the expiry of the withdrawal period and hereby confirms that he is aware that his right of withdrawal expires as a result.
(3) Unless otherwise agreed, the certificate will be issued and delivered 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 assumes no liability for the actual use of the training video on the customer's computer or other device.

§ 5 Prices

(1) The prices listed 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 authorises 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 breach of material contractual obligations. Material contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies and may rely. In this case, however, liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded.
(4) The limitations of liability under Section 6 (3) shall not apply if the provider has fraudulently concealed a defect, provided a guarantee subject to compensation, or assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.
(5) To the extent that the provider’s liability is excluded or limited, this shall also apply to the personal liability of the provider’s bodies, legal representatives, employees, staff and vicarious agents.

§ 7

Cancellation policy for consumers

(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

Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be 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) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, 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 we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method 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 expressly agreed otherwise 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 notify 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 the cancellation policy

(3) Sample cancellation form

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)
- 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 made on paper)
- Date
(*) Delete as appropriate

§ 8

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 share any data with third parties unless you have given your prior consent.
(2) We point out that the transmission of data over the Internet (e.g., via email) may be subject to security gaps. Therefore, error-free and uninterrupted 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 receive 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 data protection declaration.

§ 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 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 associate the specific internet browser in which the cookie was stored.
This allows the visited websites 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 setting of cookies.
(4) Please note that some of these cookies are transferred from our server to your computer system; these are usually 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 on your computer system and enable us to recognize your computer system on your next visit (so-called persistent 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 drive or so that cookies that have already been stored are deleted. Instructions on how to prevent or delete cookies can be found in the help function of your browser or software manufacturer.

§ 10

Place of jurisdiction and applicable law

(1) These Terms and Conditions and the contractual relationship between the Provider and the Customer are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country 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 any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The same applies if these Terms and Conditions omit a necessary provision. The contracting parties shall replace the invalid or unenforceable provision with a legally permissible and enforceable provision that most closely approximates the economic intent and purpose of the invalid or unenforceable provision. Should these Terms and Conditions be incomplete, the contracting parties shall enter into an agreement with the content they would have agreed upon in accordance with these Terms and Conditions if the regulatory gap had been known at the time of conclusion of the contract.

§ 12
The provider of the SW shop is

SW Healthservices GmbH
Julius-Hölder-Straße 47
D-70597 Stuttgart
Phone: 0711-7252-304131
Email address: info@schulung-lmhv.de