Terms of Service
for services of the dbp group of companies, especially dbp Kommunikation GmbH & Co. KG, dbp healthy by Germany GmbH & Co KG and dbp kommunikationsart GmbH & Co. KG – below dbp called.
§ 1 – scope and conclusion of contract
- If no other indication, contracts come,
- which are completed online via the portal www.gesund durch.de, with the “dbp gesund durch Deutschland GmbH & Co. KG “,
- which are concluded by written registration, with the “dbp kommunikationsart GmbH & Co. KG “,
- which are being completed within the framework of the action “Germany against colorectal cancer”, with “dbp Kommunikation GmbH & Co. KG “,
- incidentally, with the dbp group companies named above in each individual case,
exclusively in accordance with the following provisions.
§ 2 – Regulations for the internet portal “gesund durch …”
- The only persons participating in the expert directory on the Internet portal www.gesund-durch.de are physicians authorized to practice their own professional careers in other health care professions, public health professions and social pedagogical professions (further information can be found in the login area under “Expert Access”).
- Participation of supra-regional manufacturers of products and services in the healthcare sector on the Internet portal www.gesund-durch.de is only permitted after examination and explicit approval by dbp and in compliance with the guidelines issued by dbp separately.
- All information provided by the participant must be correct and permissible. Dentists / doctors always name their specialties, additional areas and main areas of activity as their own responsibility. If texts, images etc. are uploaded or posted by a participant, this must be done in accordance with the applicable professional law. In addition, the law on the advertising of medicinal products, copyright and all other legal provisions that apply to him must also be taken into account. About changes, e.g. the address, the professional status, etc., the participant must inform dbp without delay or correct these changes independently in his own profile. In addition, dbp reserves the right to modify or remove any entries that dbp’s legal opinion violates applicable law.
- dbp assumes no liability for the accuracy of the statements made on the Internet portal by the participants. This applies in particular to the efficacy of the medicinal products, medical devices, procedures, treatments, articles or other means described in the articles, which are said to have therapeutic efficacy or effect.
Concrete medical questions and the accuracy of the statements made in the Internet portal, in particular the effectiveness of the described medicines, medical devices, procedures, treatments, objects or other means to which a therapeutic efficacy or effect is promised, are always by the treating physician, dentist or pharmacist in individual cases to check and to answer.
- If a participant can not provide the services offered for a longer period of time (illness, etc.), he undertakes to communicate this within the scope of his information published on the Internet portal. The contract between the participant and dbp and in particular the monthly payments of the participant remain unaffected.
- For erroneous or incomplete entries into the database, only the participant is responsible – a liability of dbp is excluded for this – unless dbp is charged with the registration and it is thereby incurred a set-up fee. In this case the liability is limited to the amount of the installation fee. Should dbp nevertheless be claimed by a third party in terms of liability law, the participant exempts dbp from all claims of the third party.
- The contract for paid products and services on the Internet portal has a term of 12 months and can be terminated with a period of three months to the end of the contract. In the event of termination not within the stipulated period, the contract will be renewed automatically for a further 12 months each.
The debiting of the contributions for paid products of the Internet portal takes place in principle by means of the obligatory direct debit procedure always on the first working day of the binding book after the following month; to that extent maturity occurs.
§ 3 – Execution of the order and obligations of participation of the participant
- The participant must fully inform dbp of all facts relevant to the performance of the service. In principle, dbp is not obligated to check the data, information or other services provided by the participant for their completeness and correctness, provided that there is no reason to do so or that the order does not explicitly include this, taking into account the individual circumstances of the individual case.
- If the participant does not fulfill his obligation to cooperate, not in time or properly, dbp is entitled to charge him for the additional expenses incurred as a result. Further legal claims are expressly reserved.
- If dbp acts on the site or within the sphere of influence of the participant, the participant shall be responsible for all measures necessary for the fulfillment of traffic safety duties also towards third parties. dbp is entitled to refuse to carry out the service as long as the necessary measures are not taken.
§ 4 – Deadlines, dates, resignation
- Deadlines and deadlines are always approximate unless expressly agreed in writing. Irrespective of this, the deadline expires in every case only after the complete rendering of all act of participation owed by the participant as well as from the receipt of a possibly agreed down payment.
- If the performance owed by dbp is delayed due to unpredictable or unjustifiable circumstances (eg labor disputes, operational disruption, transport obstacles, material shortage, official measures – also with our suppliers – as well as non-timely self-delivery), dbp is entitled to withdraw from the contract in whole or in part or after its termination Choose to delay performance by the duration of the disability. dbp will inform the participant immediately about the unavailability of the service and, in the event of withdrawal from the contract, immediately reimburse him for any consideration already paid. Claims for damages in this regard are excluded.
- If the participant is in default of acceptance or if he violates other obligations to cooperate, dbp is entitled to demand compensation for the damage incurred, including any additional expenses.
§ 5 – Acceptance
- Insofar as the service of dbp requires acceptance, the participant is obliged to do so. Minor defects which only insignificantly affect the suitability of the service for the contractually agreed purpose shall not entitle the participant to refuse acceptance, without prejudice to its right to assert statutory warranty claims.
- If the participant refuses acceptance in breach of clause 1. of this clause, the acceptance is deemed to have taken place.
- Services, including purely intellectual services, shall be deemed accepted unless the participant notifies them in writing within 30 days after receipt of the service, with a concrete description of individual defects. In case of such a complaint dbp will check its performance. If the participant’s complaint proves to be unjustified, he will be charged for any additional costs incurred as a result.
§ 6 – Prices and payments
- Decisive are the prices stated by dbp, to which the respective legal value added tax – as far as this is incurred – is added. Invoices from dbp are to be paid without deduction of cash discount and free of charge according to the agreed payment plan, otherwise within 10 days after receipt of the invoice. If checks are accepted on a case-by-case basis on the basis of express agreements, this will only be done on account of performance and likewise without deduction of cash discount. Dbp does not recognize checks as fulfillment until the relevant amounts have been credited to dbp’s account without reservation. Any discount charges are to be borne by the participant.
- dbp reserves the right at any time to demand reasonable advance payments and advances. In this context dbp may also make use of already granted direct debit authorizations. If the corresponding receipt of money is not recorded in the dbp account after a period of 4 weeks, dbp is entitled to rescind or extraordinary termination.
- Unless a fixed price has been agreed upon and performance of a service proves to exceed the cost estimated by the subscriber by more than ten percent, dbp must disclose this to him, quoting the expected new price. In this case, the participant is entitled in accordance with § 649 BGB within a period of 14 days after receipt of the notice to terminate the contract. dbp then only deducts the services provided by it up to that point. If no cancellation is made within the agreed period, the contract will continue as agreed on the basis of the subsequently communicated price.
If dbp for an important reason withdraws from the contract or if it has been canceled by mutual agreement, dbp is entitled to settle the services rendered up to that time.
- For continuing obligations, dbp reserves the right to subsequently increase the agreed fee. The increase may be made no earlier than twelve months after the end of the term of the continuing obligation, and the participant is entitled to a special right of termination with a notice period of four weeks in the event of the increase. If, in the context of continuing obligations, additional services provided by the participant are provided by dbp that exceed the agreed scope of services, dbp reserves the right to additionally charge these services.
- The participant is not entitled to a special right of termination if dbp relies on the services of third parties for fulfillment and these in turn increase the prices. In this case, dbp is free to re-calculate its prices due to the price increase of the third party. The participant is here explicitly granted a right to information and dbp must explain the price increases accordingly.
- If dbp has several claims against the participant, it determines on which debt the payment is credited. The participant is only entitled to rights of set-off and retention if his counterclaims have been legally established or dbp acknowledges them in writing.
- In case of default the participant owes default interest in the amount resulting from § 288 BGB. The assertion of further damage (for example: incurred chargeback fees, etc.) remains reserved.
§ 7 – Liability
- dbp is liable for damages only in accordance with the following provisions: Basically, dbp is liable only for
- intentional and grossly negligent action,
- any culpable violation of essential contractual obligations,
- the assumption of conditional guarantees and
Incidentally, in cases of simple negligence, the liability for property damage and financial loss is excluded.
§ 8 – Events
- Applications for events by dbp (e.g., health fairs) must be in writing. They are recorded in an address file, processed and confirmed in the order in which they were received. The registration is binding for each participant. The participation fee is due upon receipt of the invoice without any deductions. Accommodation and meals are in principle not included in participation fees.
- A cancellation of the registration by the participant is possible only up to four weeks before the start of the event free of charge. The revocation must be in writing (letter or fax). In the event of later cancellation or non-appearance or premature termination, dbp will charge the full event fee. Decisive is the receipt of the cancellation in the house of dbp. The right to terminate for good cause remains unaffected.
- dbp reserves the right to cancel an event due to insufficient number of participants or if there are reasons for which it is not responsible (eg illness, force majeure). In these cases, participants will be notified immediately by telephone or in writing. Already paid conference fees will be refunded. Further claims are expressly not. dbp further reserves the right, in exceptional cases, to make content or organizational changes to the performance of the event.
§ 9 – Statute of limitations
Compared to participants who are not consumers within the meaning of the German Civil Code (BGB), claims for a defect become time-barred one year after the statutory limitation period.
§ 10 – Copyright
The dissemination and use of services by dbp beyond the contractually agreed purpose, in particular their publication, is only permitted with the prior written consent of dbp. Compliance with the legal provisions applicable to the exploitation of dbp’s performance (eg competition law), in particular for the content of advertising claims, is the sole responsibility of the participant. In this respect, he has to indemnify dbp from all claims of third parties and all associated own expenses.
§ 11 – Place of Performance and Prohibition of Assignment
- Place of performance for all services is casting.
- The assignment or pledging of claims that the participant is entitled to from the business relationship with dbp is excluded.
§ 12 – Jurisdiction and applicable law
- The place of jurisdiction for all claims arising from the business relationship with merchants and legal persons under public law is Gießen.
- For cross-border services, casting is the exclusive jurisdiction for all disputes arising from the contractual relationship (Article 17 EuGVÜ or Article 23 EuGVVO). However, dbp reserves the right to sue the participant at his general place of jurisdiction or to call any other court that has jurisdiction under the EuGVÜ or the EuGVVO.
- All business and all legal relationships between a participant and dbp are governed exclusively by the law of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
§ 13 – Final provision
- Cancellation, changes and additions to the contract including ancillary agreements as well as agreements of additional ancillary agreements are only effective if agreed in writing. The same applies to promises, consents, waivers and comparisons of all kinds. The written form requirement also applies in particular to the repeal of the aforementioned provision.
- If individual provisions of the contract should be ineffective or this contract contains gaps, this will not affect the validity of the remaining provisions. In place of the invalid provision, the effective provision shall be agreed which corresponds to the meaning and purpose of the ineffective provision.
In the event of gaps, the provision shall be agreed which corresponds to what would have been reasonably agreed according to the meaning and purpose of the contract had the matter been considered from the outset.
The same applies if the ineffectiveness of a provision is based on a measure of performance or time stipulated in the contract (deadline or deadline). In this case, the measure of performance (deadline or appointment) shall be deemed agreed, which is legally permissible and comes as close as possible to the desired.
- All previous terms and conditions of dbp for services are hereby canceled.
These pages were last updated on April 29, 2013.
The information on this website should under no circumstances be considered a substitute for professional advice or treatment by trained and recognized physicians. The content of www.gesund-durch.de can not and should not be used to independently make diagnoses or start treatments.
© 2008-2019 dbp healthy by Germany GmbH & Co. KG. All rights reserved. The photos on www.gesund-durch.de come u. a. from the image databases www.bilderbox-bildagentur.at, www.fotolia.com and www.pixelio.de. The respective copyright proof will be displayed under the photo.
"healthy through® . " is a brand of dbp healthy by Germany GmbH & Co. KG.
Software development: dbp Kommunikation GmbH & Co. KG, casting. In cooperation with wapmedia, Gießen.
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