For the sake of better readability, we have written the terms and conditions in the generic masculine form. However, this naturally always applies to all customers.
§ 1 Seller
The seller of these Terms and Conditions is:
Firat Kesgin
Institute for Vestibular Rehabilitation Therapy (IVRT®)
Planckstraße 13
22765 Hamburg
Germany
§ 2 Scope
These general terms and conditions apply to all legal transactions between the seller and a consumer or entrepreneur (hereinafter "customer") with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
These Terms and Conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these Terms and Conditions is data that is created and provided in digital form.
A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
The subject of the contract can - depending on the seller's product description - be either the purchase of goods by way of a one-off delivery or the purchase of goods by way of a permanent delivery. In the case of a permanent delivery, the seller undertakes to deliver the contractually owed goods to the customer for the agreed duration.
The subject of the contract can be - depending on the seller's description of the content - either the one-time provision of digital content or the regular provision of digital content. In the case of regular provision, the seller undertakes to provide the customer with the digital content owed under the contract for the duration of the agreed contract term.
§ 3 Conclusion of contract and storage of the contract text
The provisions of these General Terms and Conditions apply to orders placed by consumers via the website www.ivrt.de/shop of the online shop of the Institute for Vestibular Rehabilitation Therapy (IVRT®).
The contract is concluded with the seller (see § 1).
The presentation and description of the goods on the website of the online shop of the Institute for Vestibular Rehabilitation Therapy www.ivrt.de/shop does not constitute a contractual offer.
By ordering a product by clicking the button that completes the ordering process, a legally binding contract offer is made with regard to the products in the shopping cart. The customer can also submit the offer to the seller by email or using the online contact form. The contract is only concluded when the seller sends an order confirmation by email.
If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/legalhub/useragreement-full. If the customer pays using a payment method offered by PayPal in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
If you select a payment method offered by Stripe, payment processing will be carried out via the payment service provider Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, which can be viewed at https://stripe.com/de/legal/consumer. If the customer pays using a payment method offered by Stripe in the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
If you select a payment method offered by SureCart, payment processing will be carried out via the payment service provider SureCart Inc, 2055 Limestone Road, STE 200-C, Wilmington, Delaware 19808, USA (hereinafter: "SureCart"), subject to the SureCart Terms of Use, which can be viewed at https://surecart.com/terms-and-conditions/. If the customer pays using a payment method offered in the online ordering process by SureCart, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.
Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
The German, English and Dutch languages are available for the conclusion of the contract.
Order processing and contact are usually carried out automatically via email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
§ 4 Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.
§ 5 Prices and payment conditions
The statutory sales tax and other price components are included in the prices quoted - unless otherwise stated. Any additional delivery and shipping costs are stated separately in the respective product description.
The payment option(s) will be communicated to the customer in the seller’s online shop.
All payment transactions are processed via third-party providers with whom the Institute for Vestibular Rehabilitation Therapy (IVRT®) cooperates to process payment transactions (currently e.g. PayPal, Stripe, Mastercard, Visa, Google Pay, Apple Pay and American Express).
If you select a payment method offered via the “PayPal” service, payment processing will be carried out by PayPal. PayPal can also use the services of other payment service providers for this purpose. If the provider offers payment methods via PayPal for which it makes advance payments (e.g. purchase on account or installment payments), it assigns its claim to PayPal or a payment service provider commissioned by PayPal and named to the customer. Before accepting this assignment, PayPal or the commissioned payment service provider carries out a credit check based on the customer data transmitted. If the result of the check is negative, the provider reserves the right to reject the selected payment method. If the payment method is approved, the customer is obliged to pay the invoice amount within the agreed period or at the specified intervals. In this case, payments can only be made to PayPal or the commissioned payment service provider with a discharging effect. Regardless of the assignment, the provider remains responsible for general customer inquiries, such as about the goods, delivery times, shipping, returns, complaints, cancellations or credit notes.
If a payment method is selected that is offered via the “Stripe” service, payment processing will be carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The available payment methods via Stripe are displayed to the customer in the provider’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply. The customer will be informed of this separately if necessary. Further information about Stripe can be found at https://stripe.com/de.
§ 6 Delivery, delivery restrictions
Delivery will take place within 7 working days, unless the description of a selected product explicitly states otherwise.
This period begins on the day after receipt of the payment amount.
Delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer - unless otherwise agreed. The specified delivery address is decisive when processing the transaction.
Deliveries can only be made to private addresses, but not directly to hospitals, clinics and rehabilitation facilities.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.
Self-collection is not possible for logistical reasons.
Digital content is made available to the customer as follows: via download/email in the customer area.
The playback resolution and quality of the digital content you receive will depend on a number of factors, including the type of compatible device you use and the data transfer rate, which may vary during use. While we strive to provide you with a high-quality audio-visual experience, we cannot guarantee the resolution or quality of any streamed content.
To use the online shop, especially to participate in online courses, the following technical requirements must be met:
- a standard DSL Internet connection,
- a current Internet browser,
- speakers.
Customers are obliged to meet these minimum technical requirements and to resolve any technical problems that are their responsibility. When participating in online courses, the customer receives digital course materials (e.g. PDF format) in addition to online access. Access to the online course is at the customer's own expense via an existing internet connection that can be accessed using a current browser.
For technical reasons, the permanent and complete availability of the servers on which the online shop is operated cannot be guaranteed. Availability may occasionally be limited, particularly due to necessary maintenance or repair work. In the event of an unforeseen system failure, customers will be informed, if possible, of the extent and expected duration of the failure.
In particular, the seller does not guarantee that:
your use of the Services meets your expectations,
the services are available uninterruptedly, timely, secure and error-free.
The seller reserves the right to remove individual content from the platform at any time. Offers to use the content are non-binding and there is no entitlement to the permanent and constant availability of all educational content posted.
§ 7 Transfer of Risk
The risk of accidental deterioration or accidental loss of the goods rests with the seller until the goods are handed over and passes to the consumer upon handover.
§ 8 Retention of Title
The seller reserves ownership of the goods until the purchase price has been received in full.
§ 9 Granting of rights of use for digital content
Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the right to use the content provided for private purposes.
The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted.
§ 10 Warranty
The statutory warranty regulations apply.
If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.
If the customer acts as an entrepreneur:
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
§ 11 Exclusion of a customer
The Seller may exclude a Customer and delete the Customer account and all online courses of this Customer if there are indications that a Customer is violating the essential obligations of these Terms and Conditions.
The Institute for Vestibular Rehabilitation Therapy (IVRT®) will inform the customer of the planned exclusion by email and give them the opportunity to comment. In urgent cases, the Institute for Vestibular Rehabilitation Therapy (IVRT®) is not obliged to do so. In any case, the Institute for Vestibular Rehabilitation Therapy (IVRT®) will take the legitimate interests of the customer into account. The right to extraordinary termination remains unaffected.
§ 12 Redemption of promotional vouchers
Vouchers issued by the Seller free of charge and with a limited period of validity as part of promotional campaigns and which cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified promotional period.
Certain products may be excluded from the voucher promotion if this is noted in the promotional voucher.
Promotional vouchers must be redeemed before completing the order process; they cannot be credited retroactively. Only one promotional voucher can be used per order.
The order value must be at least equal to the value of the promotional voucher; any remaining balance will not be paid out. If the voucher value is not sufficient, the remaining amount can be paid using one of the payment methods offered by the seller.
The balance of a promotional voucher will not be paid out in cash and will not accrue interest. If goods that were paid for in whole or in part with a promotional voucher are returned, the voucher value will not be refunded within the scope of the statutory right of withdrawal.
Promotional vouchers are not transferable.
§ 13 Liability
The Institute for Vestibular Rehabilitation Therapy (IVRT®) is not liable for material damage or purely financial losses - regardless of the legal basis - that arise in connection with the use of the online shops, unless the damage is based on the violation of an essential contractual obligation or on another intentional or grossly negligent breach of duty by the Institute for Vestibular Rehabilitation Therapy (IVRT®), its legal representatives or its vicarious agents. In particular, no liability is accepted for damages of any kind with regard to the completeness and accuracy of the information. This also applies to possible damages that arise in connection with downloads of any type of file from our website. This does not apply to intentional or grossly negligent fault. Users agree to access this website and its content at their own risk.
Liability for material damage and purely financial loss resulting from a slightly negligent breach of an essential contractual obligation is limited to compensation for the damage that was foreseeable at the time the contract was concluded.
§ 14 Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
§ 15 Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.
§ 16 Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
