All services of justplan aktiv GmbH, Wielandstr. 43, 10625 Berlin, (hereinafter referred to as ‘Contractor’), which are provided under the ‘PSAICHOLOGY’ service offer, are made exclusively on the basis of these general terms and conditions. These are part of all contracts that the Contractor concludes with his contractual partners (hereinafter referred to as ‘Customer’) with regard to services of the ‘PSAICHOLOGY’ service offer which he offers free of charge. These also apply to all future services or offers to the Customer, even if they are not separately agreed again.
The terms and conditions of the Customer or third parties shall not apply, even if the Contractor does not separately object to their validity in individual cases. Even if the contractor refers to a letter that contains or refers to the terms and conditions of the Customer or a third party, this does not constitute an agreement with the validity of these terms and conditions.
II. Offers and conclusion of the Contract
The languages German and English are available for the conclusion of the con-tract. All offers of the Contractor are requests for the contract initiation on the part of the Customer only, thus without obligation and un-binding, as far as they are not expressly marked as binding or contain a certain acceptance period. Orders may be accepted by the Contractor within 14 days of receipt.
The legal relationship between the Contractor and the Customer shall solely be governed by the service description of the service chosen by the Customer, in-cluding these General Terms and Conditions, which constitute the entire agree-ment between the contracting parties on the subject matter of the contract. Regulations in the service description shall prevail these General Terms and Condi-tions. Verbal promises of the Contractor prior to the conclusion of this contract shall legally be non-binding and verbal agreements of the contracting parties shall be replaced by the written contract, unless it is expressly stated that they shall remain binding.
Alterations and amendments to this agreement, including alterations and amendments to these General Terms and Conditions, must be in text form in or-der to be effective. With the exception of Managing Directors or Procurists, the employees of the Contractor are not entitled to make deviating verbal agreements.
For contracts concluded via the website ‘www.psaichology.org’, the Customer has the option of selecting the service offered by the Contractor, he wishes to use. If specified as required for individual services on this website, the Custom-er shall provide a username as well as a valid e-mail address and select a password to create a user account.
Before submitting the binding order, the Customer may correct the user name, the e-mail address and the password and/or the Customer may refrain from or-dering the chosen service. The possibility to cancel the order process by closing the browser persists throughout the whole ordering process. Only by pressing the ‘ENTER’ button will the order be forwarded to the Contractor.
The receipt of the electronic order by the Contractor will be acknowledged by e-mail. The acknowledgment of the receipt constitutes the acceptance of the offer to conclude the contract (‘order confirmation’). In the order confirma-tion, the order made by the Customer including further information, in particular the general terms and conditions governing the contract, are included again and the Customer has the opportunity to save them. The Customer is requested to save or print out this order confirmation including the General Terms and Conditions, as such an arrangement of the contract conditions in this form is basically not stored by the Contractor and will therefore – in such an arrangement – be no longer accessible for the Customer.
III. Services of the Contactor
The content and scope of the contractor’s services are set out in the service de-scription at the time of the conclusion of the contract, which can be found by the Customer before the conclusion of the contract on the web page ‘www.psaichology.org’ and which will be attached to the contract documents in the order confirmation. The services are offered in German and in English.
The service description may be amended after conclusion of the contract with respect to a concluded contract, if this is necessary for good reason, and if the amended services do not reduce the offered services (e.g. maintaining or im-proving of functionalities), do not substantially deviate from the promised ser-vices and if the amendment is not detriment to legitimate interests of the Cus-tomer. Good reasons for an amendment are in particular technical innovations in the market for the services owed, or if third parties from whom the contrac-tor obtains necessary inputs for the provision of their services change their ser-vice offer.
IV. Prices and Payments
The prices and terms of payment published on the web page www.psaichology.org apply. As far as no performance period is determined, amounts are due immediately. The Customer shall be in default no later than 30 days after the due date and receipt of an invoice or equivalent payment order. Currently, the Contractor offers only free services.
V. Right of Withdrawal
The Customer shall be instructed separately about a right of withdrawal to which the Customer might entitled.
The Contractor is liable for damages only in case of intent and gross negli-gence, culpable injuries to life, body, health, in the context of any guarantee or liability under the Product Liability Act and in the scope of Sec. 44a TKG (German Telecommunications Act). In case of culpable violations of essential contractual obligations (the fulfillment of which enables the proper execution of the contract and the compliance of which the Customer may regularly rely on), the Contractor is liable even for slightly negligent infringements, but then limited to the contractually typical, reasonably foreseeable damage. The limitation of liability also applies to claims for reimbursement of expenses according to Sec. 284 BGB (German Civil Code). For the rest, claims for damages, regardless of the legal grounds, are excluded.
VII. Data Protection
The contract comes into effect with the conclusion of the contract (Section II. of these General Terms and Conditions) and runs, unless otherwise specified, for an indefinite period. In such cases the Customer and the Contractor have the right to terminate the contract with a notice period of 14 days to the end of the month. The Contractor, however, is free to offer individual services only for a limited term.
The right to extraordinary termination for cause remains unaffected.
Notices of termination, regardless of their nature, must be made in text form and can also be sent by the Customer via e-mail to ‘firstname.lastname@example.org’.
IX. Place of performance, jurisdiction, applicable law
The place of performance for all services in connection with the contractual relationship is the registered office of the Contractor. As far as the Customer is a merchant or has no general jurisdiction in Germany, for all disputes arising out of or in connection with the business relationship between the Contractor and the Customer, irrespective of the legal grounds, jurisdiction at the choice of the Contractor is the registered office of the Contractor or the seat/residence of the Customer. In these cases, however, the place of business of the Contractor is the exclusive place of jurisdiction for actions against the Contractor. Mandatory legal provisions on exclusive jurisdictions remain unaffected. If the Customer is a consumer with main residence in the EU, the Customer may file claims arising out of or in connection with the business relationship with the Contractor either at the registered seat of the Contractor or in the EU Member State in which he resides. Complaints against the Customer can – in these cases – only be made in the EU member state in which the Customer has the main residence.
The contractual relationship between the Contractor and the Customer shall exclusively be governed by German law. In addition, if the Customer is a consumer with main residence in the EU, he or she enjoys the protection of the mandatory provisions of the law of his State of residence.
In case that individual regulations are ineffective or in case of gaps in the regulations, the residual contract remains in effect. Insofar as the contract or these General Terms and Conditions contain gaps in the regulations, those legally effective provisions shall be deemed agreed which the contracting parties would have agreed according to the economic objectives of the contract and the purpose of these General Terms and Conditions if they had known the gap in the regulations.
X. Out-of-Court Consumer dispute resolution
The European Commission provides a platform for online dispute resolution (OS). The Customer will find the platform at https://www.ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to settle their disputes.
The Contractor is not obliged to participate in a dispute settlement procedure before a Consumer Arbitration Body and will individually decide on a participa-tion on a case-by-case basi.