General terms and conditions
1. Scope of application
1.1 The following General Terms and Conditions (GTC) apply to all contracts between TRUE CARE GmbH (hereinafter "Provider") and customers.
1.2 Customers are consumers as well as commercially active persons. A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Commercially active persons are those persons who receive the services of the Provider within the scope of or for the purpose of exercising their commercial activity, for example and in particular influencers/social media advertisers.
1.3 These GTC apply exclusively, even if no reference should be made to them in detail, to all services, including future services. Conflicting contractual and other terms and conditions of the customer shall not become part of the contract, even without express objection by the provider. Even then, the following contractual conditions shall apply exclusively.
1.4 Changes and other agreements require the written form to be effective.
2 Conclusion of contract; minimum age
2.1 Services of the Provider, the content of which is precisely defined in the service description on the Provider's website, can be ordered directly via the Provider's website. In this respect, the following applies to the conclusion of the contract:
2.2 The services described on the website of the Provider represent a binding offer on the part of the Provider and are bindingly accepted by the Customer's booking. The customer thereby assures that he is at least 18 years old and can make the booking without the consent of a legal representative.
2.3 The customer can give the acceptance via the booking tool provided on the website of the provider. In doing so, the customer, after entering the desired offer the customer information such as first name, last name, title, country, telephone number, address, e-mail address and the desired method of payment and after accepting these GTC by clicking the final button "Order / Book" a legally binding declaration of acceptance.
2.4 The text of the contract shall be stored by the Provider and sent to the Customer by e-mail after the Customer has sent his declaration of acceptance.
2.5 Before sending the binding declaration of acceptance via the Provider's booking tool, the Customer can continuously correct his entries using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Ordering and contacting take place via e-mail and automated order placement. The Customer shall ensure that the e-mail address provided by it when placing the order is correct so that it can receive the e-mails sent by the Provider at this address.
3. right of revocation
3.1 Persons acting in a commercial capacity within the meaning of Clause 1.2 shall have no right of revocation.
3.2 Cancellation policy
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (TRUE CARE GmbH, Donnersbergerstraße 8, 80634 Munich, email@example.com, phone: 089-30703811) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this purpose, which is, however, 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 the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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; in no case will you be charged for this repayment.
END OF THE CANCELLATION POLICY
3.3 Sample cancellation form
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back to us).
To TRUE CARE GmbH, Donnersbergerstraße 8, 80634 Munich, firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service: (*)
Order number / Order:
Ordered on (*) / Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
4.1 Unless otherwise stated in the Provider's product description, the prices quoted are total prices that include the statutory value-added tax.
4.2 The amount to be paid is to be paid immediately after service provision in cash, by EC payment, by credit card, by PayPal or with a voucher on the premises of the Provider. Should there be a return debit note for an EC payment, the customer shall bear all resulting costs.
5 Redemption of promotional vouchers
5.1 Vouchers issued free of charge by the Provider as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the store or on the Provider's website and only during the specified period.
5.2 Individual products/services may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
5.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
5.4 Only one promotional voucher can be redeemed for an order.
5.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Provider.
5.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Provider must be chosen to settle the difference.
5.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
5.8 The promotional voucher shall not be refunded if the customer returns the goods/services paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
5.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Provider is entitled, but not obliged, to check the material eligibility of the respective Voucher Holder.
6 Consent to data storage
The customer consents to the processing of his personal data provided in accordance with section 2.4. The data is processed solely for the purpose of handling the customer's booking and processing the service including payment. The consent is given on a voluntary basis and can be revoked at any time with effect for the future. From receipt of the declaration, the data may not be processed further. They are to be deleted immediately. The revocation of consent shall not affect the lawfulness of the processing carried out up to that point. The declaration of revocation is to be addressed to: TRUE CARE GmbH, Donnersbergerstraße 8, 80634 Munich, email@example.com.
7 Cancellation and postponement of appointments
7.1 The Customer may cancel the agreed appointment at the latest 48 hours before the agreed appointment without additional costs.
7.2 The Provider shall be entitled to postpone the appointment with the Customer in the event of weighty reasons (in particular and e.g. in the event of illness of personnel of the Provider), if the interests of the Customer are taken into account in a reasonable manner.
7.3 Insofar as clauses 7.1. and 7.2. do not contain any provisions to the contrary, the statutory provisions for any withdrawal or termination shall remain valid.
8 Failure to keep appointments; compensation for damages
If an appointment is cancelled without good reason within 48 hours to 24 hours before the booked appointment, the customer is obligated to pay the provider lump-sum damages in the amount of 50% of the agreed fee.
In case of cancellation without good reason within less than 24 hours before the booked appointment, the customer is obliged to pay the provider lump-sum damages in the amount of 75% of the agreed fee. The customer is not entitled to compensation.
The customer remains at any time possible to prove a lesser damage than the aforementioned lump sums.
9 Liability of the provider/service provider
The liability of the Provider and its employees and vicarious agents for breaches of contractual obligations and for tort shall be limited to intent and gross negligence. This shall not apply in the event of a breach of a material contractual obligation, i.e. an obligation which the customer relies on and may rely on being complied with. In the case of slight negligence, however, liability shall be limited to compensation for foreseeable, typically occurring damage.
The aforementioned limitations of liability shall not apply in the case of claims under the Product Liability Act or other statutory warranty liability or injury to life, limb or health.
10 Choice of Law, Place of Performance, Place of Jurisdiction, Final Provisions
10.1 German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
10.2 The place of performance for all services arising from the business relationships existing with us as well as the place of jurisdiction shall be the registered office of the Provider, insofar as the Customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Germany or the EU or if the customer's place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
10.3 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
10.4 The Provider reserves the right to make changes to its website, rules and regulations, terms and conditions including these GTC at any time. The General Terms and Conditions in force at the time of the order shall apply to the Customer's order, unless a change to these Terms and Conditions is required by law or by official order (in which case they shall also apply to orders previously placed by the Customer).
10.5 If individual provisions in this Agreement, including this clause, are invalid in whole or in part, or if the Agreement contains a gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected.