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General Terms and Conditions

1. Data protection at a glance

General information

1. Scope

The business relationship between fracto Gerdes GbR and you shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. You can access these terms and conditions at any time at the web address https://fracto.health/allgemeine-geschaftsbedingungen and print them out or save them on your computer using your internet browser.

2. Contractual Partner

The contract is concluded with:

You and

fracto Gerdes GbR
Rispenweg 12
73479 Ellwangen

3. Offer and Conclusion of Contract

3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to order. Errors and omissions excepted.

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3.2 By clicking the "Buy now" button in the last step of the order process, you declare your binding acceptance of the General Terms and Conditions as part of the contract and you place a binding order for the goods contained in the shopping cart.

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3.3 Contracts may only be concluded with customers of legal age.

4. Contractual Text

The contract text is stored on our internal systems. The order data and the General Terms and Conditions will be sent to you by e-mail immediately after receipt of the order. After completion of the order, the contract text is no longer accessible via the internet for security reasons.

5. Right of Withdrawal

Consumers within the meaning of § 13 BGB (German Civil Code) have a fourteen-day right of withdrawal.

You have the right to withdraw from your course booking within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise the right of withdrawal, a written declaration containing the decision to withdraw from the contract must be sent to

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fracto Gerdes GbR
Rispenweg 12
73479 Ellwangen

‍info@fracto.de

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to be issued.

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To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

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Consequences of Withdrawal

If the contract is withdrawn, all payments received from you will be refunded by us immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees for this refund.

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Since the execution of the contract begins before the end of the revocation period, you will lose your right of revocation for e-learning related products.

6. Prices

The prices stated on the product pages include the statutory value-added tax (for electronic products (e.g. e-learning), the value-added tax is calculated in the country of the recipient of the service and may therefore vary) and other price components.

7. Payment

7.1 Payment is made via PayPal or bank transfer.

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7.2 You are only entitled to offsetting if any counterclaims have been legally established, are undisputed, or have been acknowledged by us in writing.

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7.3 A right of retention exists only in cases in which the claims result from the same contractual relationship.

8. Dunning process

A reminder, also known as a payment reminder, is the creditor's specific and clear request to the debtor to provide the owed service.

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The website operator reserves the right to charge fees in the event of default in payment after a clear request by means of a reminder.

9. Retention of title

The goods remain our property until full payment has been received.

10. Warranty

The warranty is based on the statutory provisions.

11. Participation in the preparatory course

The prerequisites for valid participation in the preparatory course are a) the complete provision of the mandatory personal data, b) the acceptance of the valid terms and conditions, and c) the complete payment of the course fee to fracto Gerdes GbR before the start of the course. Registration is only legally valid and completed after a confirmation e-mail has been sent to the e-mail address provided.

12. Liability

All contents have been created with care and to the best of our knowledge and belief. The provider assumes no liability for the completeness of the content offered and expressly does not guarantee any specific learning or examination success.

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Liability for damages caused by intentional or grossly negligent behavior, for personal injury and damages under the Product Liability Act shall be governed by the statutory provisions. This also applies to damages caused by vicarious agents.

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In the event of damage caused by slight negligence, the website operator shall only be liable if such damage is based on the breach of essential contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner could rely. Liability for simple negligence under this provision is limited to the typically foreseeable damage. In the event of exclusion or limitation of liability, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents.

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The provisions of the preceding paragraphs shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses within the meaning of § 284 BGB.

13. Exclusion of participants

The website operator is permitted to exclude interested parties from participation in the preparatory course, as well as participants from the course, without stating reasons.

14. Data protection

https://fracto.health/datenschutz

15. Information on alternative dispute resolution in consumer matters

The responsible consumer arbitration board is:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl, Internet: www.verbraucher-schlichter.de

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However, we declare that we are neither willing nor obliged to participate in dispute resolution proceedings.

16. Applicable Law / Place of Jurisdiction / Contract Language

16.1 These General Terms and Conditions and the contracts concluded between you and us on the basis thereof are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the law of the state in which you have your habitual residence remain unaffected.

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16.2 If you, as a customer, are a merchant, a legal entity under public law or a special fund under public law, or do not have a general place of jurisdiction in Germany, or move your residence abroad after the conclusion of the contract, or your residence is unknown at the time the action is brought, the place of jurisdiction for all contracts concluded under inclusion of these General Terms and Conditions is the court responsible for our company's registered office.

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16.3 The contract language is German.

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Rispenweg 12
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