General Terms and Conditions

The following General Terms and Conditions (GTC) govern the sale of services by Adrian Augustin, Eichenhöhe 4A, 21073 Hamburg, Germany, email: adrian.augustin@gmx.net, hereinafter referred to as the “Provider”, via the online shop at https://medstudy-connect.tol.dev.

1. Scope

(1) These GTC apply to all contracts concluded between the Provider and both private customers (within the meaning of Section 13 BGB) and business customers (within the meaning of Section 14 BGB) via the online shop at https://medstudy-connect.tol.dev.

(2) The customer’s differing terms and conditions do not apply unless the Provider expressly agrees to their validity in writing.

(3) The scope of the services offered includes: placement of medical specialist personnel (this service is provided exclusively for the purpose of conducting usability evaluations); consulting in the area of recruiting experts from the healthcare sector (this service is provided exclusively for the purpose of conducting usability evaluations); the identification and provision of specific user groups for clinical evaluations, user tests, and formative as well as summative evaluations of medical devices; and the provision of associated consulting and service offerings.

2. Conclusion of contract

(1) The contract is concluded with the Provider: Adrian Augustin, Eichenhöhe 4A, 21073 Hamburg.

(2) The contract and negotiation language is German.

(3) The offers in the online shop are aimed exclusively at customers with a delivery address in Germany.

(4) The customer must be at least 18 years old.

(5) The presentation of the services in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer submits a binding offer by going through the order process and clicking the “order with obligation to pay” button at the end. Receipt of the order is confirmed by an automatic email, which does not, however, constitute acceptance of the offer. The purchase contract is only concluded upon an express confirmation of acceptance by email or upon the provision of the service.

(6) Orders that exceed customary household quantities require the express consent of the Provider. This applies both to the number of services ordered within a single order and to the placement of multiple orders for the same service.

(7) The order data is stored after the conclusion of the contract and can be viewed in the customer login.

(8) The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are made available by email or in the customer account.

3. Right of withdrawal

(1) Withdrawal instructions for private customers

The customer has the right to withdraw from the contract within fourteen days without giving any reason.

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

To exercise the right of withdrawal, the customer must inform the Provider, Adrian Augustin, Eichenhöhe 4A, 21073 Hamburg, of their decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post or an email). The customer may use the attached model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

(2) Consequences of withdrawal

If the customer withdraws from the contract, the Provider shall repay all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by the Provider), without undue delay and no later than fourteen days from the day on which the notification of withdrawal from this contract was received by the Provider. For this repayment, the Provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment. The Provider may refuse repayment until it has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.

The customer must return or hand over the goods without undue delay and in any case no later than fourteen days from the day on which they notify the Provider of the withdrawal from this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

The Provider bears the costs of returning the goods.

The customer only has to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition, properties, and functioning.

Model withdrawal form

If the customer wishes to withdraw from the contract, they can fill out this form and return it:

Adrian Augustin, Eichenhöhe 4A, 21073 Hamburg

I/we hereby withdraw from the contract concluded by me/us for:

• the purchase of the following goods/services:
• Ordered on/received on:
• Name of consumer(s):
• Address of consumer(s):
• Date:
• Signature of consumer(s) (only for notification on paper):

(3) Right of withdrawal for business customers

Business customers (within the meaning of Section 14 BGB) have no statutory right of withdrawal. Contracts with business customers are binding and can only be cancelled in accordance with the statutory provisions or the contractually agreed conditions.

4. Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer. It likewise does not apply to goods that can perish quickly or whose expiry date would quickly be exceeded. Goods that were delivered sealed and are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery, are also excluded from the right of withdrawal. Furthermore, the right of withdrawal does not apply to goods that, after delivery, were inseparably mixed with other goods due to their nature. Finally, goods in a sealed package whose seal was removed after delivery, such as CDs, DVDs, or software, are also excluded from the right of withdrawal.

(2) The right of withdrawal does not apply to contracts for the provision of services if the Provider has fully performed the service and only began performing the service after the consumer gave their express consent and at the same time confirmed their knowledge that they would lose their right of withdrawal upon full performance of the contract by the Provider.

5. Prices and shipping costs

(1) All prices stated include statutory value added tax.

(2) The prices stated at the time of the order apply. If list prices are available, the list prices at the time of the order apply.

(3) In order to place an order, the customer must register and create a customer account.

6. Payment terms

(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.

(2) By registering, providing the data required for the payment procedure, and using the paid service, the user authorises the Provider to collect the corresponding amount.

(3) A paid service is automatically renewed for the respective booked period (subscription) unless it is cancelled in due time by telephone, email, or written letter.

(4) The user must ensure that the information provided during registration and use of the service is correct and complete.

(5) The cancellation period for the paid service is 3 months, unless another period has been agreed. The cancellation must be made in writing and addressed to the Provider’s address.

(6) Advance payment: The full invoice amount must be transferred to the specified account within 14 calendar days of receipt of the order. Shipping takes place after receipt of payment.

(7) PayPal: After completing the order, the customer is redirected to PayPal, where they can arrange payment. Shipping takes place after confirmation of receipt of payment.

(8) The customer enters their Maestro card details during the ordering process. The amount is debited after the goods have been shipped.

(9) Credit card: The customer enters their credit card details during the ordering process. The amount is debited after the goods have been shipped.

(10) SEPA direct debit: The customer grants the Provider a SEPA core mandate. The pre-notification of the debit takes place before the account is debited. Shipping takes place after the invoice amount has been collected.

(11) Invoice: The customer undertakes to pay the invoice amount within 14 days of receipt of the goods without deductions.

(12) When the goods are shipped, the invoice is sent by email or, if no email address is on file, by post to the specified billing address.

(13) If the customer defaults on payment or a direct debit is returned, the Provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).

(14) Payment by sending cash or cheques is not possible.

7. Warranty

(1) Warranty for private customers

If the customer is a consumer, the warranty rights are governed by the statutory provisions. Consumers in the EU have, in addition to their 30-day return guarantee, a statutory warranty right of two years from the provision of the service.

(2) Warranty for business customers

If the customer is not a consumer, a defect is remedied by rectification. The Provider may choose whether the subsequent performance is carried out by remedying the defect or by providing a new, defect-free service.

8. Liability (for private customers)

This liability clause applies exclusively to private customers (within the meaning of Section 13 BGB).

(1) If the customer is a consumer, liability is governed by the statutory provisions.

(2) The Provider’s liability for contractual breaches of duty and in tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer’s life, body, and health, to claims arising from the breach of essential contractual obligations (cardinal obligations), and to compensation for damages caused by default pursuant to Section 286 BGB. In this respect, the Provider is liable for every degree of fault.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose compliance the customer may regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents.

(5) The Provider assumes no responsibility for the content and accuracy of the information in customers’ registration and profile data as well as other content generated by customers.

(6) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body, or health become time-barred after 30 years; all other claims for damages become time-barred after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor (Section 199(1) BGB).

(8) The Provider is entitled to check texts created and files uploaded by customers for compliance with statutory regulations and legal provisions. In the event of violations, the Provider reserves the right to remove this content in whole or in part where applicable.

(9) Liability under the Product Liability Act remains unaffected.

9. Liability (for business customers)

This liability clause applies exclusively to business customers (within the meaning of Section 14 BGB).

(1) The Provider’s liability for contractual breaches of duty and in tort is limited to intent and gross negligence. This limitation of liability does not apply to injury to the customer’s life, body, and health, to claims arising from the breach of essential contractual obligations (cardinal obligations), and to compensation for damages caused by default pursuant to Section 286 BGB. In this respect, the Provider is liable for every degree of fault.

(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider’s liability is limited in amount to the typically foreseeable damage. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose compliance the customer may regularly rely.

(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the Provider’s legal representatives or vicarious agents.

(4) The Provider assumes no responsibility for the content and accuracy of the information in customers’ registration and profile data as well as other content generated by customers.

(5) Claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, the maximum liability is 5% of the order value.

(6) Claims for damages based on injury to life, body, or health become time-barred after 30 years; all other claims for damages become time-barred after one year. The limitation period begins at the end of the year in which the claim arose and the creditor became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor (Section 199(1) BGB).

(7) The Provider is entitled to check texts created and files uploaded by customers for compliance with statutory regulations and legal provisions. In the event of violations, the Provider reserves the right to remove this content in whole or in part where applicable.

(8) Liability under the Product Liability Act remains unaffected.

10. Data protection

(1) The collection and processing of personal data is carried out in accordance with the applicable data protection regulations. The Provider undertakes to treat customers’ data confidentially and not to pass it on to third parties, unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to receive information about the data stored about them free of charge at any time, as well as to request its correction, deletion, or restriction of processing.

(3) Further information on data protection can be found in the Provider’s Privacy Policy.

11. Set-off and right of retention

(1) The customer is only entitled to set-off if their counterclaim has been legally established or is undisputed by the Provider.

(2) The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

12. Special provisions for digital products and services

(1) Digital products are generally made available to the customer by download or by email. After receipt of payment, the customer receives the corresponding access data or download links.

(2) The statutory rights regarding defects apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e. rectification of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The Provider assumes no liability for malfunctions or damage attributable to a lack of technical requirements on the customer’s side.

(4) For services that are not provided in the form of physical products or digital content, the statutory provisions on the service contract regulations (Sections 611 et seq. BGB) apply.

(5) The customer undertakes to provide all necessary acts of cooperation in good time and in full when using services. If the customer fails to meet this obligation, the Provider may charge for the additional effort incurred as a result.

13. Rights of use for digital content

(1) Upon purchasing a digital product, the customer receives a simple, non-transferable, unlimited right of use to the purchased content, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute, or make the digital content publicly accessible, unless this is expressly permitted by contract.

(3) All copyrights remain with the Provider or the respective rights holder.

14. User account

(1) The customer is obliged to provide complete and truthful information when registering and creating the user account. The customer must keep their access data (username and password) secure and protect it from access by third parties. The Provider is not liable for damage resulting from the misuse of the access data, unless the Provider is responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of the user accounts.

(2) The customer is obliged to update changes to their personal data, in particular contact and payment data, in the user account without delay. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.

(3) The Provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these GTC, or if the customer provided incorrect information during registration. The customer can request the deletion of their user account at any time. The Provider will delete the user account and all associated data without delay, unless statutory retention obligations prevent this. After the deletion of the user account, the customer can only create a new user account by registering again.

(4) The Provider endeavours to ensure a high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance work or unforeseeable events (e.g. force majeure) cannot be ruled out. The Provider is not liable for damage caused by a temporary unavailability of the user account, unless the Provider is responsible for the unavailability.

(5) The Provider reserves the right to change, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer at least four weeks before they take effect by email. If the customer does not object to the changes within four weeks of receiving the notification of changes, the changes are deemed to be accepted. The Provider will specifically inform the customer of this legal consequence in the notification of changes.

15. Changes to the GTC

(1) The Provider reserves the right to change these GTC at any time with effect for the future.

(2) The changes will be communicated to the customer at least four weeks before they take effect by email.

(3) If the customer does not object to the changes within four weeks of receiving the notification of changes, the changes are deemed to be accepted. The Provider will specifically inform the customer of this legal consequence in the notification of changes.

16. Force majeure

(1) Events of force majeure that significantly impede or render impossible the delivery by the Provider entitle the Provider to postpone the delivery for the duration of the impediment or to withdraw from the contract in whole or in part with regard to the part not yet fulfilled.

(2) Force majeure includes all events that lie outside the Provider’s sphere of influence and whose occurrence was not foreseeable at the time the contract was concluded, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders, or other serious operational disruptions through no fault of the Provider.

17. Transfer of contract

(1) The Provider is entitled, with a notice period of four weeks, to transfer its rights and obligations under this contractual relationship in whole or in part to a third party.

(2) In this case, the customer has the right to terminate the contract with immediate effect.

18. Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies to all legal relationships between the Provider and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Provider’s registered place of business.

19. Online dispute resolution and participation in a dispute resolution procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the Provider always endeavours to settle any disagreements arising from a contract amicably.

20. Final provisions

(1) The contract language is German.

(2) The Provider does not offer any products or services for purchase by minors. Products for children can only be purchased by adults. Persons under the age of 18 may only use the website with the involvement of a parent or legal guardian.

(3) Should individual provisions of these GTC be or become invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision.

(4) Changes or additions to these GTC must be made in writing. This also applies to the cancellation of this written form requirement.

(5) The Provider reserves the right to make changes to the website, rules, and conditions, including these GTC, at any time. Your order is subject to the sales conditions, contract conditions, and GTC in force at the time of your order, unless a change to these conditions is required by law or official order (in which case they also apply to orders you have previously placed).

(6) There are no verbal side agreements. Changes or additions to this agreement must be made in writing.