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General Terms and Conditions

1. data protection at a glance

General information

1. scope of application

For the business relationship between fracto Gerdes GbR and you, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. You can call up these General Terms and Conditions at any time at the web address https://fracto.health/allgemeine-geschaftsbedingungen and print them out using your Internet browser or save them on your computer.

2nd contract partner

The contract is concluded with:

You and the

fracto Gerdes GbR
Rispenweg 12
73479 Ellwangen

3. offer and conclusion of contract

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

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3.2 By clicking on the "Buy now" button in the last step of the ordering process, you declare your binding acceptance of the GTC as an integral 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. contract text

The text of the contract 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 your 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 have a fourteen-day right of withdrawal.

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

The withdrawal period is fourteen days from the day on which you or an unnamed third party who is not the carrier took 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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pass.

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In order 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 revocation

If the contract is revoked, all payments received from you will be refunded by us immediately and at the latest within fourteen days from the day on which we receive notification of the revocation of the contract. For this refund, we will use the same means of payment that was used for the original transaction, unless otherwise agreed. There is no charge for the refund.

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As the execution of the contract begins before the expiry of the withdrawal period, you lose your right of withdrawal for e-learning related products.

6. prices

The prices stated on the product pages include statutory VAT (in the case of electronic products (e.g. e-learning), VAT 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 shall only have a right of set-off if any counterclaims have been legally established by a court of law or are undisputed or have been recognized by us in writing.

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

8. reminder system

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

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The operator of the website reserves the right to charge fees in the event of late payment following a clear reminder.

9. reservation of title

The goods remain our property until payment has been made in full.

10. warranty

The warranty is governed by the statutory provisions.

11. participation in the preparation course

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

12. liability

The entire content has 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 a 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 in accordance with the statutory provisions. This also applies to damages caused by vicarious agents.

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The website operator shall only be liable for damages caused by slight negligence insofar as these are based on the breach of material contractual obligations (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. Liability for simple negligence under this provision is limited to the typically foreseeable damage. If liability is excluded or limited, this also applies to the personal liability of employees, workers, staff, representatives and vicarious agents.

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The provisions of the above paragraphs shall also apply accordingly to a limitation of the obligation to pay compensation for futile expenses within the meaning of Section 284 BGB.

13. exclusion of participants

The operator of the website is permitted to exclude interested parties from participation in the preparation course and participants from the course without giving reasons.

14. data protection

https://fracto.health/datenschutz

15. information on alternative dispute resolution in consumer matters

The competent consumer arbitration board is:

General Consumer Arbitration Board of the Center for Arbitration 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 GTC and contracts concluded between you and us on their basis are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the legal system of the country in which you have your habitual residence remain unaffected.

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16.2 If you as the customer are a merchant, a legal entity under public law or a special fund under public law or have no general place of jurisdiction in Germany or move your place of residence abroad after conclusion of the contract or your place of residence is unknown at the time the action is brought, the place of jurisdiction for all contracts concluded under these GTC shall be the court responsible for our registered office.

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16.3 The contract language is German.

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Rispenweg 12
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