For the sake of readability, we have written the GTC in the generic masculine. However, all customers are of course always addressed.
General Terms and Conditions (AGB)
§ 1 Seller
The seller of these GTC is
Firat Kesgin
Institute for Vestibular Rehabilitation Therapy (IVRT®)
Planckstraße 13
22765 Hamburg
Germany
§ 2 Scope of application
These general terms and conditions apply to all legal transactions between the seller and a consumer or entrepreneur (hereinafter referred to as "customer") with the seller with regard to the goods presented by the seller in his online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
Depending on the seller's product description, the subject of the contract may be both the purchase of goods by way of a one-off delivery and 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 duration of the agreed delivery period.
Depending on the seller's description of the content, the subject of the contract can be both the one-off provision of digital content and the regular provision of digital content. In the case of regular provision, the seller undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term.
§ 3 Conclusion of contract and storage of the contract text
The provisions of these GTC apply to orders placed by consumers via the website www.ivrt.de/shop of the online store 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 store of the Institute for Vestibular Rehabilitation Therapy www.ivrt.de/shop does not constitute a contractual offer.
By clicking the button that concludes the order process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller by e-mail or via the online contact form. The contract is only concluded when the seller sends an order confirmation by e-mail.
If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 by means of a payment method offered by PayPal in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
If a payment method offered by Stripe is selected, payment is processed 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, available at https://stripe.com/de/legal/consumer. If the customer pays by means of a payment method offered by Stripe in the online order process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the order process.
If a payment method offered by SureCart is selected, payment shall be processed via the payment service provider SureCart Inc, 2055 Limestone Road, STE 200-C, Wilmington, Delaware 19808, USA (hereinafter referred to as "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 by SureCart 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.
When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email) after the order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online store before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
Before submitting a binding order via the seller's online order form, the customer can recognize 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 on the button that concludes 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 by e-mail and are automated. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
§ 4 Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.
§ 5 Prices and terms of payment
The statutory VAT and other price components are included in the prices quoted - unless otherwise stated. Any additional delivery and shipping costs will be indicated separately in the respective product description.
The payment option(s) will be communicated to the customer in the seller's online store.
All payment transactions are processed via third-party providers with whom the Institute for Vestibular Rehabilitation Therapy (IVRT®) cooperates for the purpose of processing payment transactions (currently e.g. PayPal, Stripe, Mastercard, Visa, Google Pay, Apple Pay and American Express).
If you select a payment method that is offered via the "PayPal" service, the payment will be processed by PayPal. PayPal may 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 payment by installments), 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 shall carry 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 discharging effect. Irrespective of the assignment, the provider remains responsible for general customer inquiries, such as regarding goods, delivery times, shipping, returns, complaints, revocation or credit notes.
If a payment method is selected that is offered via the "Stripe" service, payment is processed via Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The payment methods available via Stripe are displayed to the customer in the provider's online store. Stripe may use other payment services for payment processing, for which special payment terms may apply. The customer will be informed of this separately if necessary. Further information on Stripe can be found at https://stripe.com/de.
§ 6 Delivery, delivery restrictions
Unless explicitly stated otherwise in the description of a selected product, delivery takes place within 7 working days.
This period begins on the day after receipt of the payment amount.
Delivery shall 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 shall be decisive for 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 with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of revocation, the provision made in the seller's revocation instructions shall apply to the return costs.
Self-collection is not possible for logistical reasons.
Digital content is provided 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 various factors, including the type of compatible device you are using and the data transfer rate, which may vary during use. Although we strive to provide you with a high-quality audiovisual experience, we cannot guarantee the resolution or quality of the streamed content.
The following technical requirements must be met in order to use the online store, in particular for participation in online courses:
- a standard DSL Internet connection,
- an up-to-date Internet browser,
- Loudspeaker.
Customers are obliged to meet these minimum technical requirements and to rectify any technical faults for which they are responsible themselves. When participating in online courses, the customer also receives digital course documents (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 with a current browser.
For technical reasons, the permanent and complete availability of the servers on which the online store is operated cannot be guaranteed. Occasionally, availability may be limited, in particular due to necessary maintenance or repair work. In the event of an unforeseen system failure, customers will be informed of the extent and expected duration of the outage as far as possible.
In particular, the seller does not guarantee that:
Your use of the services meets your expectations,
the services are available in an uninterrupted, timely, secure and error-free manner.
The seller reserves the right to remove individual content from the platform at any time. Offers to use the content are subject to change and there is no entitlement to the permanent availability of all posted educational content at all times.
§ 7 Transfer of risk
The risk of accidental deterioration or accidental loss of the goods lies with the seller until the goods are handed over and is transferred to the consumer upon handover.
§ 8 Retention of title
The seller retains 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 store, the seller grants the customer the right to use the content provided for private purposes.
The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC 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 delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
If the customer acts as an entrepreneur:
- the seller has the choice of the type of subsequent performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the limitation period shall not recommence if a replacement delivery is made as part of the 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 in breach of the essential obligations of these terms and conditions.
The Institute for Vestibular Rehabilitation Therapy (IVRT®) will inform the customer of the planned exclusion by e-mail and give him/her the opportunity to comment. In the event of urgency, 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 into account the legitimate interests of the customer. The right to extraordinary termination remains unaffected.
§ 12 Redemption of promotional vouchers
Vouchers that are issued by the seller free of charge and with a limited period of validity as part of promotional campaigns and that cannot be purchased (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only within the specified promotional period.
Certain products may be excluded from the voucher promotion if this is stated in the promotional voucher.
Promotional vouchers must be redeemed before completing the order process, subsequent crediting is not possible. 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 is neither paid out in cash nor does it bear interest. If goods are returned that were paid for in full or in part with a promotional voucher, the value of the voucher will not be refunded within the scope of the statutory right of withdrawal.
Promotional vouchers are not transferable.
§ 13 Liability
Institut für vestibuläre Rehabilitationstherapie (IVRT®) is not liable for property damage and pure financial loss - regardless of the legal grounds - arising in connection with the use of the online stores, unless the damage is based on the breach of a material contractual obligation or on any other intentional or grossly negligent breach of duty by Institut für vestibuläre Rehabilitationstherapie (IVRT®), its legal representatives or its vicarious agents. In particular, no liability is assumed for damages of any kind whatsoever with regard to the completeness and accuracy of the information. This also applies to possible damages arising in connection with downloads of any type of file from our Internet pages. Excluded from this is willful or grossly negligent fault. Users agree to access this website and its content at their own risk.
Liability for property damage and purely financial losses resulting from a slightly negligent breach of a material contractual obligation shall be limited to compensation for damages 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 to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
§ 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 shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be 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 appeal to the court at the customer's place of business.
§ Section 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 purchase or service contracts in which a consumer is involved.
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.