Terms of service

General Terms and Conditions for the sale of digital services
-
Medi Know GmbH
Kohlgrunder Street 27
36093 Künzell
-
Phone: +49 152 52082330
E-Mail: info@medi-know.org
Website: www.medi-know.org
(hereinafter referred to as provider)


1 Scope of application

1.1 The services of the provider for the online store at the above URL are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.

1.2 Unless otherwise stated, only natural persons or legal entities who are of legal age and have full legal capacity are entitled to place orders in the online store.

1.3 These General Terms and Conditions apply exclusively. Any general terms and conditions of the customer that deviate from these General Terms and Conditions shall not apply unless the seller expressly agrees to them.



2 Conclusion of contract and subject matter of the contract

2.1 Our offers on the Internet represent a non-binding invitation to the customer to order digital content. By sending the order (clicking on the “Buy now” button) on our website, the customer submits a binding offer to conclude a contract.

2.2 The following provisions apply to the sale of digital content. Digital content is content that is provided to the customer in digital form and not on a physical data carrier for use within the scope of the rights of use granted in each case.

2.2.1 The subject matter of the contract for the sale of digital content is the provision of this content in a suitable digital form and the transfer of a simple, temporally and spatially unrestricted right of use to the digital content; if different rights of use are specified on the sales page, these shall take precedence. The customer is not entitled to reproduce the digital content provided physically or electronically and / or to provide copies to third parties and / or to transfer the rights of use granted to him, unless such reproduction or transfer of rights of use has been expressly authorized by the seller or is necessary due to the nature or intended use or functionality of the digital content. Unless otherwise agreed, the digital content is provided exclusively for private use, meaning that commercial use is not permitted without the express permission of the seller. The rights of use shall not be transferred until the contractually owed remuneration has been paid in full. If we make the digital content available to the customer before this point in time, this is not to be regarded as an implied transfer of rights of use.

2.2.2 In the case of the sale of digital content, the contract is accepted by means of a separate declaration of acceptance or at the latest when the digital service is provided and made available. Acceptance can be declared by us within five days by sending a written order confirmation or an order confirmation in text form (e.g. by e-mail), whereby the date of receipt of the order confirmation by you is decisive in this respect, or by enabling you to download the digital content, or by requesting payment after placing the order (e.g. with PayPal payment). If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If we do not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that you are no longer bound by your declaration of intent.

2.3 When submitting an offer via the provider's online order form, the customer will be sent these GTC in text form (e.g. e-mail or letter) after sending his order. The provider does not make the contract text available beyond this. If the customer has created a user account in the seller's online store, he can view his order data there.

2.4 Before binding submission of the order via the vendor's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.5 Only the German language is available for the conclusion of the contract.



3. right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our withdrawal policy.

3.1 You have the right to cancel 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 the right to cancel, you must inform us (Medi Know GmbH, Kohlgrunder Straße 27, 36093 Künzell, phone: +49 (0) 152 52082330, e-mail: info@medi-know.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). 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 notification of exercising your right of withdrawal before the withdrawal period has expired.

3.2 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 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, 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 repayment.

3.4 Sample withdrawal form:

If you wish to cancel the contract, please complete and return this form.

To

Medi Know GmbH
Kohlgrunder Street 27
36093 Künzell
E-mail: info@medi-know.org

I/we hereby revoke the contract concluded by me/us for the provision of access to the following digital content (name, order number and price, if applicable):

..............................................................................

..............................................................................

Ordered on (date):

.............................

Received on (date):

.............................

Name and address of the consumer:

.............................

.............................

.............................

.............................

Date:

....................................................

Customer signature (only for written revocation):

....................................................



4 Payment, default

4.1 The prices listed on our website at the time of ordering shall apply. All prices include the statutory value added tax and do not include the respective shipping costs.

4.2 The customer will be informed about the available payment options in the seller's online store.

4.3 Payment of the purchase price is possible via Apple Pay, Google Pay, Klarna, PayPal, American Express, Mastercard, Visa, Maestro and ShopPay.

4.4 If the payment method “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, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.5 If the customer is in default of payment, we shall be entitled to demand default interest in the amount of five percentage points above the base interest rate of the European Central Bank. In the event that we claim further damages caused by default, the customer shall have the opportunity to prove that the claimed damages caused by default were not incurred at all or were lower.



5 Warranty

If the purchased item is defective, the provisions of statutory liability for defects shall apply.



6 Liability

You can also find the complete disclaimer under the following link: https://medi-know.org/pages/haftungsausschluss

6.1 The learning products have been created with the greatest possible care for medical training purposes. The content and information are of a scientific nature and are for information and learning purposes only. The teaching content is only suitable for fictitious training purposes and not for the real application and treatment of patients. Medi Know GmbH assumes no liability for the accuracy, completeness and timeliness of the content provided.

6.2 The learning products of Medi Know GmbH are merely supporting materials to prepare for examinations and the profession. Medi Know GmbH can therefore not guarantee that you will pass an examination or be adequately prepared for your profession.

6.3 The learning products and information presented are expressly intended for medical professionals only. The information does not replace a visit to a doctor.

6.4 Information on dosage and information on active ingredients must always be checked against scientific literature, in particular the manufacturer's instructions and the package leaflet.

6.5 Medi Know GmbH is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows:

6.5.1 Medi Know GmbH shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise regulated in this respect or on the basis of mandatory liability such as under the Product Liability Act.

6.5.2 If Medi Know GmbH negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on Medi Know GmbH according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

6.5.3 Any further liability of Medi Know GmbH is excluded.

6.5.4 The above liability regulations also apply with regard to the liability of Medi Know GmbH for its vicarious agents and legal representatives.

6.6 The customer indemnifies Medi Know GmbH from any claims of third parties - including the costs for legal defense in their legal amount - which are asserted against the provider due to illegal or non-contractual actions of the customer.



7. brand names and trade names

Protected brand and product names are not marked separately. It cannot therefore be concluded from the absence of such a reference that it is a free trade name.



8 Terms of delivery

8.1 Digital products are made available exclusively as downloads. The products are not printed out and sent by post.

8.1.1 The download is available for 24 hours via a link. This will be sent by e-mail. After the 24 hours, the buyer must send an e-mail to info@medi-know.org to request a new link. If the script has not been downloaded after one month (31 days), it will no longer be possible to download it.

8.2 You can find further information on our shipping conditions at the following link: https://medi-know.org/policies/shipping-policy



9 Copyright

9.1 The works, including all their parts, are protected by copyright. Any use outside the narrow limits of copyright law without the consent of Medi Know GmbH is inadmissible and punishable by law. This applies in particular to reproductions, translations and modifications.

9.2 The purchase of products and thus the graphics and illustrations contained therein only authorizes the personal use of the graphics and illustrations for own learning purposes. The graphics and illustrations may not be used for commercial purposes. The use of the graphics and images in the context of scripts, training courses, publicly accessible videos, advertising measures, websites and posts on social media platforms is explicitly prohibited. Exceptions can be made by sending a request to info@medi-know.org and obtaining written confirmation from Medi Know GmbH.



10 Conditions of participation for the prize draws on the social media platforms

10.1 The raffle is carried out by Medi Know GmbH (hereinafter referred to as “organizer”) and is not connected to the social media platform (Instagram and Facebook).

10.2 The prize draw will be carried out among all commenters under the posts posted on the social media platforms (Instagram: https://www.instagram.com/medi_know/, Facebook: https://www.facebook.com/people/Medi-Know/100083167938947/) during the prize draw period. A digital script from the website www.medi-know.org will be raffled off. The winner will be able to choose the script. Bundles/packages are excluded from the prize draw.

10.3 Raffle period: The raffle begins every Friday at 6:01 pm and ends the following Friday at 6:00 pm;

10.4 Eligible to participate are persons who are over 18 years of age and resident in Germany, Austria or Switzerland.

10.5 Participation takes place by leaving a comment under the organizer's posts on the social media platforms Instagram and Facebook. Several comments per post and person are permitted.

10.6 The winner will be chosen at random and then notified via Instagram story. If applicable, the winner will also be notified of the prize via a private message. The winner will then send Medi Know the desired script by email to info@medi-know.org. If the winner does not respond to the prize notification within one week, the prize will be forfeited. A replacement draw will not take place in this case.

10.7 By participating, the participant agrees that in the event of winning, the username will be publicly announced via Instagram story. The prize is not transferable or exchangeable. Consent can be revoked at any time by sending an email to info@medi-know.org;

10.8 The organizer reserves the right to interrupt or terminate the competition at any time without prior notice if this is necessary for legal or technical reasons.

10.9 Participation in the competition is free of charge and independent of the purchase of goods or services.

10.10 Legal recourse is excluded.

10.11 The General Terms and Conditions and the Data Protection Regulations, which are available on the website www.medi-know.org apply.



11. data protection

We treat your personal data confidentially and in accordance with the statutory data protection regulations. For more details, please refer to our privacy policy.



12. final provisions

a. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer being deprived of mandatory consumer protection standards.

b. If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at our registered office shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This shall also apply if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.



12.1 Information on online dispute resolution / consumer arbitration

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 provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.

Our e-mail address can be found under the heading of these GTC.

Kontakt