General terms and conditions of business
1. Scope of application
1.1 The business relationship between Verlag Systemische Medizin AG (hereinafter also referred to as “Publisher”) and the purchaser (also referred to as “User”, “Customer” or “Visitor”) is governed exclusively by these General Terms and Conditions (GTC) in the version valid at the time of the order or use. We do not recognise any terms and conditions of the purchaser that contradict or deviate from our GTC unless we have expressly agreed to their validity in writing. Our General Terms and Conditions of Business shall also apply even if we carry out the delivery to the customer or the user of the publishing services without reservation in the knowledge that the customer’s terms and conditions are contrary to or deviate from our General Terms and Conditions of Business.
1.2 Customers within the meaning of these GTC are consumers within the meaning of § 13 BGB. A consumer is any natural person who concludes a transaction with us that is not attributable to a commercial or independent professional activity. In addition, our offer is directed at therapists and health care professionals, either in individual or joint practices as well as comparable other companies.
1.3 These General Terms and Conditions apply to all products, applications or services offered on the website under the URL www.integrative-chinese-medicine.com and the associated sub-pages (hereinafter referred to as “Website”). For certain products or services, such as electronic system programs, online seminars or video downloads, separate terms and conditions of use of the associated software may also apply, which can be viewed during installation and require separate consent.
1.4 For seminar events offered by the Publisher, the conditions of participation available on the website apply exclusively, regardless of whether the events are in person, online or recorded offline.
1.5 Your contractual partner in all cases in which you order products, applications or services via the URL of the Publisher and/or the Website is Verlag Systemische Medizin AG, Müllerstraße 7, 93444 Bad Kötzting (Germany), represented by the board members Rolf Lenzen and Prof. Dr. Erich Wühr.
2. Input of customer data
2.1 To carry out your order you can create a personal customer account or carry out your order without creating a customer account. Please enter all data necessary for the order processing during the ordering process. Mandatory fields are marked separately.
2.2 By creating a personal customer account you can log in for future orders by entering your e-mail address and a password. Your stored customer data will then be pre-filled during the ordering process.
2.3 You have the possibility to enter a delivery address that differs from your billing address. Information can be changed/updated by you at any time.
2.4 After selecting the desired products, applications or services by activating the shopping cart button, the individual steps of the ordering process are continued by clicking on the “Continue” button.
2.5 After selecting the method of payment, you have the opportunity to check your order again before you send the order process by clicking the “Order Now” button.
3. Conclusion of contract
3.1 Your order represents an offer to Verlag Systemische Medizin AG to conclude a contract of purchase or use. This expressly includes all products provided in electronic form or offered for download (e.g. e-books, online seminars or video downloads). The order confirmation sent by us following your order does not yet signify acceptance of your offer, but serves as information about the receipt of your order. A contract is only concluded when we send the ordered product to you or confirm the dispatch with a dispatch confirmation. In the case of electronic products, applications or services, a contract is only concluded when we provide you with an access code, a link to download or send you the access code, about which we will inform you with a confirmation.
3.2 You submit a binding offer as soon as you have completed the online ordering process and have activated the function “Paid order” or a similarly clearly named order button in the last ordering step.
3.3 In order to use the web shop at the URL and on the website of the Verlag Systemische Medizin, registration is required by providing certain (personal) data. You undertake vis-à-vis the Publisher to provide true, complete and up-to-date information about yourself in accordance with the registration or login requirements and to update this information as necessary.
4. Right of withdrawal for consumers – cancellation policy
Right of withdrawal
You have the right to revoke a contract concluded with the Verlag Systemische Medizin within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named/authorized by you, who is not the carrier, took or has taken possession of the goods.In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post) to this address:
Verlag Systemische Medizin AG
Müllerstraße 7 | 93444 Bad Kötzting | Germany
You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse or suspend the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us in undamaged condition immediately and in any event no later than fourteen days from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods which is not necessary for checking their condition, properties and functioning.
Premature expiration of the right of withdrawal
In the case of delivery of digital contents, e.g. e-books, online training and further education, electronic applications or services by download, streaming or subscription, the right of withdrawal according to § 356 para. 5 BGB expires prematurely, namely by activation of the function “Buy now” or a corresponding button by the customer. The customer will be informed separately about the consequences during the ordering process. The right of revocation expires at the latest when the digital contents are made available for use by the customer or on the customer’s designated digital devices such as smartphone, laptop, tablet or computer).
Furthermore, there is no right of revocation for goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the revocation instruction
5. Special contractual provisions for electronic products
5.1 This regulation mainly concerns e-books, online seminars and other electronic products, applications and services intended for download. You do not acquire ownership of the respective content, but a simple and non-transferable right of use, which entitles you to personal use of the content and functions. Passing on to third parties, editing, copying or reproduction, distribution, publication or making publicly available, whether in digital or analog form, is expressly prohibited.
5.2 E-books are provided with DRM (Digital Rights Management) protection and are thus protected against illegal reproduction. Digital watermarks allow for investigation and prosecution in case of misuse. The transfer of e-books or other download products to mobile devices or multiple computers may require special software for transmission and use. This software is not part of our contract or the agreed scope of delivery and may in turn be subject to its own license and usage conditions.
6. Special contractual provisions for magazines
6.1 Journal subscriptions begin with the issue you specify or with the next issue published, unless you provide further details on the start of the subscription.
6.2 Periodical subscriptions are not limited in time; they end when you or we cancel them. Journal subscriptions can be cancelled by you or by us with two months’ notice to the end of a subscription period.
7. Terms of delivery for consumers
7.1 The delivery of the goods is carried out at your request and at your expense at the prices stated in accordance with clause 7 to the delivery address you have specified. If you purchase an e-book or other product offered for download, delivery is effected by sending a URL for download to the e-mail address you have expressly approved. The costs incurred (Internet access/data transfer) must be borne by you as the ordering party. Information provided by the publisher regarding delivery times or the time of availability for download is non-binding, unless a delivery date has been expressly and bindingly promised. Information on ordering titles that are not available for delivery, titles in reprint and titles that have not yet been published is available on the Internet at https://verlag-systemische-medizin.de/neuerscheinungen.
7.2 Orders from Germany, Austria and Switzerland are usually delivered on account, via PayPal, by credit card or, on request or under special conditions, after advance payment. The terms of payment result from the respective offer you have chosen and can be viewed there.
7.3 Customers outside Germany, Austria and Switzerland are supplied on account, via PayPal or after payment in advance. We deliver worldwide.
7.4 Postal deliveries outside of Germany are free of charge within the European Union and Switzerland from an order value of 100 (one hundred) Euros. For deliveries below this order value, you will be charged shipping costs within the European Union in the amount of 5 (five) Euros. Shipping costs for deliveries to Switzerland are based on the weight of the ordered goods. The customer himself is responsible for customs clearance of the goods, unless the publisher has expressly agreed otherwise in writing with him.
7.5 In the event that the customer is an entrepreneur, the risk is transferred to the customer as soon as the Publisher Systemic Medicine or the service provider or printing house commissioned by the customer has handed over the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. In the event that the purchaser is a consumer, the risk shall pass to the purchaser upon delivery of the item.
7.6 Unless otherwise agreed, delivery is made from the place of storage and publishing house Bad Kötzting or from the place of the printing works.
8. Selling prices
8.1 Reported sales prices for items (goods, products) are valid from the place of publishing or storage or place of printing. The prices at the time of the order shall apply. The costs for shipping and packaging shall be borne by the customer in accordance with sections 4 and 5 of these General Terms and Conditions.
8.2 The stated sales prices are final prices and include the statutory value added tax. The value-added tax portion is shown on each invoice. The prices for books are generally subject to the law on fixed prices. Therefore, the valid retail sales price set by the publisher applies, provided that this price has already been fixed at the time of conclusion of the contract; otherwise, the retail sales price valid at the time of delivery applies.
9. Terms of payment
9.1 Unless otherwise agreed, payment claims become due upon delivery of the goods and invoicing. If payment is not made within 14 days of receipt of the invoice or within the payment period agreed in writing, the customer shall automatically be in default. In this case, the publisher is entitled to charge interest on arrears at a rate of 5% above the base rate of the European Central Bank (ECB) valid at the time. If you are an entrepreneur within the meaning of point 1.2 of these General Terms and Conditions of Business, interest on arrears shall be due at a rate of 8% above the respective base interest rate of the ECB. Debits in electronic direct debiting system or payment by credit card will be made at the due date of the invoice.
9.2 The purchaser will incur further charges if he does not comply with the written request to settle outstanding invoices within the set period. From the second reminder onwards, reminder fees will be charged in addition to the invoice amount and interest on arrears. These amount to five euros for the second reminder (5), 10 (ten) euros for the third reminder and 15 (fifteen) euros for the fourth reminder.
9.3 The customer is not entitled to offsetting rights unless his counterclaims have been legally established or acknowledged by us. The customer is not entitled to exercise a right of retention.
10. Retention of title
10.1 All deliveries of goods (goods and electronic products or services) are subject to retention of title according to § 449 BGB.
10.2 The delivered/provided products and services (goods subject to retention of title) remain the property of the Publisher until the purchase price has been paid in full in the case of consumers and until all our claims arising from the business relationship have been settled in full in the case of entrepreneurs.
10.3 Entrepreneurs within the meaning of Item 1.2 are entitled to resell the reserved goods in the ordinary course of business. In return, the customer assigns to the Publisher all claims and associated security interests accruing to him from the resale against his customers and third parties in the amount of the invoice amount (including VAT) for the reserved goods.
10.4 The customer is not entitled to pledge the reserved goods or to give them to third parties as security. He is obliged to immediately object to any seizure of the reserved goods or any other impairment of the rights of the Publisher by third parties and to inform us immediately.
11.1 The warranty for items is based on the statutory provisions, subject to the following paragraphs.
11.2 The statutory warranty period is two years and begins with the handover of the item (goods, products). If the purchaser is an entrepreneur according to clause 1.2, the period is one year.
12. Warning notice
12.1 The services (products, applications, services and benefits) offered by the Verlag Systemische Medizin are intended for qualified medical personnel who work independently and to the best of their knowledge and belief and in accordance with the professional rules of medical healing. The users of the services are therefore obliged to check the information contained in the goods/products, in particular instructions for action, treatment suggestions and dosages using other sources of information and to make decisions and prescriptions on their own responsibility according to scientifically up-to-date and reliable methods.
12.2 Like any science, medicine is subject to constant development. Research and clinical experience expand our knowledge, especially with regard to treatment and drug therapy. If a dosage or application is mentioned in the media of Verlag Systemische Medizin AG, the reader may rely on the fact that the authors, editor and publisher have taken the greatest care to ensure that this information corresponds to the state of knowledge at the time of completion of the work. However, the publisher cannot assume any liability for information on dosage instructions and forms of application. Every user is advised to carefully check the package inserts of the drugs used and, if necessary, to consult a specialist in order to determine whether the recommendations for dosages or the observance of contraindications given there deviate from the information in this book. Such examination is particularly important in the case of medicinal products which are rarely used or which have been newly placed on the market. Any dosage or application is at the user’s own risk. The authors and the publisher appeal to every user to inform the publisher of any conspicuous inaccuracies.
12.3 Protected trade names (trademarks®) are not specially indicated. The absence of such a reference does not mean that it is a free trade name. The work, including all its parts, is protected by copyright. Any use outside the narrow limits of copyright law without the consent of the publisher is inadmissible and punishable by law. This applies in particular to reproductions, translations, microfilming and storage and processing in electronic systems.
13. Alternative dispute resolution
pursuant to Art. 14 (1) ODR-VO and § 36 VSBG
The European Commission provides an online dispute resolution (OS) platform at http://ec.europa.eu/consumers/odr/ Consumers have the possibility to use this platform for the settlement of their disputes. In principle, we are prepared to participate in out-of-court conciliation proceedings.
14. Data protection
Verlag Systemische Medizin AG collects, processes and uses personal data within the scope of its services in accordance with the requirements of the Federal Data Protection Act. Details can be found in the Data Protection Declaration (DSE).
15. Final provisions
15.1 The contract concluded between you and us is subject to German law, the provisions of the international sales law do not apply. In dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that the provisions of consumer law are mandatory. The exclusive place of jurisdiction is the registered office of Verlag Systemische Medizin AG, if you are a merchant within the meaning of the German Commercial Code (HGB) or if you do not have a permanent residence in Germany when legal action is filed.
15.2 Should a provision in these General Terms and Conditions or a provision within the framework of other agreements between Verlag Systemische Medizin AG and the purchaser be or become invalid, the validity of all other provisions or agreements is not affected. Insofar as the invalidity does not result from a violation of §§ 305 ff. BGB (Validity of General Terms and Conditions), a valid provision shall be deemed agreed in place of the invalid provision, which comes as close as possible to the economic intent of the parties. The same shall apply in the event of a gap. In the event of an inadmissible time limit, the legally permissible measure shall apply.
15.3 These General Terms and Conditions are available in German and English. They are available at the URL https://de.integrative-chinese-medicine.com/agb/ and https://integrative-chinese-medicine.com/gtc.
Verlag Systemische Medizin AG
Müllerstrasse 7, 93444 Bad Kötzting
Phone: +49 (0) 99 41 9 47 90 0
Fax: +49 (0) 99 41 9 47 90 18
Board of Directors:
Rolf Lenzen, Prof. Dr. Erich Wühr
Chairman of the Supervisory Board
Local court Regensburg HRB 12380
VAT ID: DE275207808
(Status of the General Terms and Conditions: 08 April 2020)
© Verlag Systemische Medizin AG, Bad Kötzting