General terms and conditions of use and business for consumers

Terms and Conditions for Using the Services Offered by Canncura GmbH (hereinafter referred to as "canncura") General These Terms and Conditions (hereinafter referred to as "Terms and Conditions") are intended to govern the contractual relationship between the user and canncura comprehensively or at least in essential aspects. They apply to all contracts concluded by canncura with you within the scope of this service offering. The Terms and Conditions apply to the service offerings of canncura. You can access the service offerings through the canncura online platform (www.canncura.de and possibly other associated domains) and in the branches of the service providers cooperating with canncura (such as medical practices). The canncura service offering is exclusively aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB). You are considered a consumer within the meaning of Section 13 BGB if you conclude a contract with canncura primarily for private and not for business purposes. Therefore, commercial use of the service offering from canncura is excluded. Entrepreneurs within the meaning of Section 14 BGB cannot and should not become a contracting party to a contract or agreement based on these Terms and Conditions. The offer from canncura is exclusively directed at natural persons who are at least 18 years old. Deviating conditions are generally not recognized by canncura. An exception applies only if canncura expressly and in writing declares otherwise or explicitly agrees in writing to different terms with you. The content published as part of the canncura service offering (such as texts, images, and videos) is generally protected by copyright and is usually owned by canncura or licensed to it accordingly. Scope of Services Canncura offers the mediation of medical and pharmaceutical services, particularly specializing in cannabinoid therapy, on the online platform www.canncura.de, on-site, and in the branches of our cooperating doctors. For this purpose, canncura cooperates contractually with independent and responsible service providers (such as doctors and pharmacists). In this context, canncura itself does not provide medical and/or pharmaceutical services but acts exclusively as an intermediary, thereby providing you with reliable, service-oriented, and secure access to services. The actual provision of specific medical, telemedical, and pharmaceutical services is exclusively and legally carried out by the cooperating partners associated with canncura. The use of the service offering by the cooperation partners (such as doctors and pharmacists) of canncura is generally subject to a fee (for example, treatment within the framework of a treatment and fee agreement pursuant to Section 630a BGB or the purchase of cannabinoid-based medications at a pharmacy). For information on payment processing, please refer to point five (5) "Cancellation Fee, Cancellation, and Rescheduling" of these Terms and Conditions. Further information on the payment methods accepted by canncura can be found on our online platform at www.canncura.de. Canncura reserves the right to expand, adapt, or remove services from the service offering in justified individual cases. We will inform you of any forthcoming changes to the canncura service offering in a timely manner via the canncura online platform at www.canncura.de, by email, and in the branches of our cooperation partners. Legal Relationship and Contract Conclusion The use of the canncura service offering is only possible after a valid contract has been concluded based on these Terms and Conditions. Such a contract is concluded between you and canncura by selecting one or more services online through our online portal www.canncura.de or on-site in the branches of our cooperation partners and then booking them bindingly. When booking through the online platform www.canncura.de, you will be prompted to accept these Terms and Conditions by ticking a checkbox, thereby incorporating them into the contractual relationship pursuant to Section 305(2) No. 1 BGB. If your booking takes place in the branches of our cooperation partners, these Terms and Conditions are incorporated into the contractual relationship pursuant to Section 305(2) No. 2 BGB, as you have been given adequate opportunity to take note of these Terms and Conditions. The contract concluded between you and canncura is purely a mediation contract for the mediation of the service(s) you booked. The mediation service owed by canncura contractually extends to the provision of the infrastructural environment needed for the service offering (online system for the preparation and handling of telemedical services, provision of treatment rooms, and communication facilitation between you and the medical service provider (doctors) or the pharmaceutical service provider (pharmacists)). The actual provision of medical, telemedical, or pharmaceutical services is not part of a mediation contract concluded based on these Terms and Conditions, but exclusively subject to the contract concluded between you and the service provider (doctors and/or pharmacists). The terms and conditions and contractual basis of the cooperation partners mediated by canncura apply. Upon concluding the mediation contract, you authorize canncura to forward the personal data you provided to the selected cooperation partner (e.g., doctor or pharmacist) for appropriate mediation purposes. This data also includes the health data you provided. For further information, please refer to our Privacy Policy. Payment Processing and Assignment of Claims All legal disputes related to card processing will be handled according to German law. To the extent that canncura specifies specific prices for the service offering, these consist of medical fees for medical or telemedical consultation and treatment or costs for medications, aids, and any shipping costs. Payment processing and the execution of extrajudicial and judicial dunning proceedings for self-pay medical treatments (individual health services) are handled entirely by canncura GmbH. By booking the service(s) you have selected, you consent to the assignment of claims and the necessary data transmission to canncura and agree to make payments exclusively to canncura GmbH. Cancellation Fee, Cancellation, and Rescheduling You can cancel or reschedule an appointment booked through canncura's online portal up to 24 hours before the scheduled appointment free of charge. This can be done via the appointment booking system provided by canncura after logging in at www.canncura.de. If you cancel your booked appointment within 24 hours before the scheduled appointment, canncura will charge a cancellation fee of €20.00. If you cancel the appointment within 3 hours before the scheduled appointment, the cancellation fee charged by canncura increases to €40.00. The increased cancellation fee of €50.00 will be charged by canncura if you do not cancel the appointment but do not appear at the agreed appointment or are not reachable for our cooperation partner. Canncura will waive the cancellation fee only if you provide a medical or other official certificate within three business days after the missed appointment, demonstrating that you were unable to attend the appointment with canncura. Duration and Termination A contract concluded between you and canncura based on these Terms and Conditions is of indefinite duration unless otherwise agreed. The contractual obligation of canncura to provide services is considered fulfilled when the medical, telemedical, and/or pharmaceutical service has been mediated. Canncura also reserves the right to terminate the contract with a notice period of three months without stating reasons. The right to extraordinary termination for good cause remains unaffected. User Obligations The canncura service offering can only be provided to you to the fullest extent if you comply with certain rules of conduct ("User Obligations"). As a user, you may only use the service offering appropriately, meaning, in particular, that you do not disseminate prohibited, defamatory, offensive, violent, and/or pornographic content. You are obliged to answer all questions concerning your individual health status truthfully and completely. If your health status changes in a way that could affect the assessment of the medical service provider (doctor) treating you, you must immediately inform your treating doctor and update your user account with appropriate medical documents to enable the doctor to provide further suitable and professional treatment in accordance with the professional code for doctors and other legal requirements (this is a therapeutic cooperation duty of the patient). You are always obliged to follow the instructions of the doctor or the (tele)medical care and the staff of canncura. If you do not notice any improvement, experience a deterioration, or observe other abnormalities in your health condition, please immediately see a doctor on-site, such as your treating general practitioner. Additionally, you are obliged to take measures conducive to your personal safety (especially your physical integrity). This includes, for example, thoroughly examining medications before use, particularly regarding damage to the outer packaging, and carefully reading the package inserts. 8. Warranty Rights, Guarantees, Availability Canncura is liable for material and legal defects concerning the mediation contract exclusively according to the applicable legal provisions. Canncura does not guarantee that using the service offering will result in an improvement in your well-being and/or health status. In particular, canncura does not owe you any specific medical/therapeutic success. Guarantees are not generally given or assumed by canncura. 9. Disclaimer of Liability canncura is liable to you in cases of intent or fraudulent misrepresentation, in cases of gross negligence for injury to life, body, or health, in cases of the assumption of a guarantee, in the cases of Section 288 (6) Sentence 1 of the German Civil Code (BGB), as well as in all other cases of mandatory statutory liability in accordance with the statutory provisions for expenses and damages. canncura is liable for damages in the event of the culpable violation of essential contractual obligations—so-called cardinal obligations—in accordance with the statutory provisions. These include all obligations, the violation of which would jeopardize the achievement of the purpose of the contract, as well as those obligations, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you regularly rely. Insofar as the violation of cardinal obligations occurs only through slight negligence and does not lead to injury to life, body, or health, claims for damages are limited to the typical foreseeable damage. Claims for damages, regardless of the legal basis, but especially from the violation of duties arising from an existing or pre-contractual obligation, for example, pursuant to Section 311 (2) BGB and Section 311a (2) BGB, or from tort, are excluded. In relation to published specialist articles, articles, blog posts, newsletters, videos, and interviews by canncura, liability claims against canncura and their authors are generally excluded, unless there is demonstrable intentional or grossly negligent fault on the part of the author. This exclusion does not apply to damages to the body or health of the user. For services identified as provided by third parties, who are neither legal representatives, employees, nor vicarious agents of canncura, canncura assumes no liability. If these services are provided based on a contract with you, reference is made to the respective terms and conditions of the corresponding third-party provider concerning liability. Any existing liability privileges remain unaffected by this disclaimer. Insofar as canncura's liability is limited or excluded under the above provisions, this limitation or exclusion also applies to the personal liability of canncura's legal representatives, employees, and vicarious agents. These provisions do not imply a change in the burden of proof to your disadvantage. 10. Right of Withdrawal Right of Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must inform canncura of your decision to withdraw from this contract by means of a clear statement (for example, by a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Your right of withdrawal expires prematurely if canncura has provided the service in full and has started the performance of the service only after you, as a consumer, have given your express consent and simultaneously acknowledged that you lose your right of withdrawal upon full performance of the contract by canncura. Consequences of Withdrawal If you withdraw from this contract, canncura shall reimburse to you all payments received from you, without undue delay and in any event not later than fourteen days from the day on which canncura is informed about your decision to withdraw from this contract. canncura will carry out such reimbursement using the same means of payment as you used for the initial transaction unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay canncura a reasonable amount, which is in proportion to what has been provided up to the point in time at which you communicated to canncura your withdrawal from this contract, compared to the full coverage of the contract. If the service was provided free of charge, you have no right to a refund. End of Withdrawal Instructions - Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract) I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods: _____________ () / the provision of the following service(s): _______________ () Ordered on ___(*)/received on:(*): Name of consumer(s) ____________________________ Address of consumer(s) ________________________________ Signature of consumer(s) ________________________________ (only if this form is notified on paper) Date ____________________________ (*) Delete as appropriate. You can send your withdrawal either by post to: canncura GmbH Charlottenstr. 61 51149 Cologne or by email to: [email protected] 11. Data Processing Information canncura processes your personal data as defined in Article 4 No. 1 of the General Data Protection Regulation (GDPR) to initiate and execute the contractual relationship with you. Personal data includes all information that can be associated with a specific person. Further information on the handling of your personal data can be found in our privacy policy, which you can access at any time at the locations of our cooperation partners or on our online platform www.canncura.de. 12. Final Provisions The languages available for concluding the contract with you are German and English. canncura reserves the right to offer additional contract languages in the future. If additional contract languages are already available at the time of contract conclusion, the German version of these Terms and Conditions shall prevail in the event of discrepancies, whether factual or legal. For all disputes arising from or in connection with a contract concluded based on these Terms and Conditions, German law shall exclusively apply. The parties agree that the place of jurisdiction shall be the location of canncura's registered office. The place of performance for all contractual obligations from or in connection with a contract concluded based on these Terms and Conditions shall be the business location of canncura. The contract text will be stored by canncura and can be made available to you even at a later date. Amendments to these Terms and Conditions must always be in written form. This also applies to any change to this clause. canncura is required by law to inform you, as a consumer within the meaning of Section 13 BGB, about the existence of the European platform for online dispute resolution (ODR platform), which can be used for the out-of-court settlement of disputes. The European Commission is responsible for setting up and maintaining the ODR platform. You can access the ODR platform at https://ec.europa.eu/odr. We expressly inform you that canncura is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. 13. Reservation of Change canncura reserves the right to adjust these Terms and Conditions with future effect to respond appropriately to changes in laws, changes in case law, changes in internal processes, or changes in the economic circumstances of canncura. You will be notified in advance of any intended change to these Terms and Conditions, and the intended change will be made available in full text. The notification of the intended change will be made by display at the premises of canncura's cooperation partners, by email, as well as via the online platform www.canncura.de. A change to these Terms and Conditions will only become effective if you do not expressly object to it in writing (for example, by email to canncura). You will also be informed of this again as part of the announcement of the intended change. In legally necessary cases, canncura will obtain your consent to the adjustment of these Terms and Conditions.