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Terms & Conditions

 

  1. Terms and Conditions
    1. According to the regulations of these Terms and Conditions, DEMECAN provides services on the website www.herbscare.de (hereinafter referred to as the Online Platform) concerning the treatment with cannabis as an alternative treatment method for all users.
    2. Conflicting, deviating, or supplementary terms and conditions of the user will not become part of the contract unless DEMECAN expressly agrees to their validity in text form. These terms and conditions also apply if DEMECAN, knowing of conditions of the user that contradict or deviate from these terms and conditions, carries out services without having previously given their consent in text form. Waiving the requirement for text form also requires text form.
    3. The user of these terms and conditions is DEMECAN Hessen GmbH, Paul-Ehrlich-Straße 51, 60596 Frankfurt am Main, represented by the managing directors Dr. Adrian Fischer, Dr. Constantin von der Groeben, Jörg Sellmann, Dr. Philipp Goebel.
  1. Online-Plattform and Registration
    1. DEMECAN provides a marketplace on the Online Platform for the therapy of patients with medical cannabis. For this purpose, DEMECAN cooperates contractually with cooperation partners, especially doctor's offices and pharmacies. DEMECAN acts exclusively as an intermediary and enables users to access the cooperation partners.
    2. DEMECAN will ask the user to accept these terms and conditions by checking a box before using the services, thereby including them in the mediation contract according to § 305 paragraph 2 no. 1 BGB.
    3. The use of the Online Platform requires registration. Creating a customer account with an email address, first name, last name, date of birth, and password at DEMECAN constitutes registration.
    4. With registration, the user confirms acceptance of the terms for the lawful use of the customer account. DEMECAN is entitled to make the use of the offered services dependent on suitable proof of the user's identity or usability. The use of the service offer requires the user to be of legal age and fully competent to contract. Furthermore, the truthful and complete entry of the required data by the user in the respective input mask is a prerequisite for the receipt of services. Registration in the name of a third party - regardless of their consent - as well as multiple registrations of a user under different names or email addresses are not permitted. DEMECAN expressly reserves the right to verify the data provided at registration by appropriate means. Following registration, users receive an email to confirm registration. By using the platform services or receiving the registration confirmation, a contract between the user and DEMECAN for the use of the Online Platform for the offered services is concluded.
  1. User of Services by the User
  1. There is no legal claim to the use of the services and DEMECAN is entitled to refuse registration or mediation of services without stating reasons. Access to the content of the service offer is only possible during the duration of the respective user relationship. Providing payment information by the user may be necessary for the use of services.
  2. Mediation of Medical Services by DEMECAN
    1. The user can make a digital request for therapy with medical cannabis via the Online Platform. The mediation of medical services is possible following the conclusion of an effective mediation contract based on these terms and conditions. A mediation contract is concluded between DEMECAN and the user by the user making a binding booking request after an initial evaluation and an offer to book a first medical consultation by DEMECAN.
    2. The contractual mediation service provided by DEMECAN extends to initiating medical services and establishing contact between the user and cooperation partners, especially medical practices. The mediation proposal submitted by DEMECAN is based on objective criteria, such as competence, proximity, availability. The user's right to free choice of doctor is always maintained, in particular, the user is not obliged to accept the mediation proposal and enter into a consultation or treatment contract.
  1. Medical Services by Cooperation Partners 
    1. A medical consultation or treatment contract pursuant to §§ 630a BGB ff. is concluded exclusively between the user and the medical practice. The medical practices have the option to use the infrastructure of the Online Platform to exchange documents, such as medical history forms and medical or economic consents in text form, as well as to obtain consents and declarations from the user and conclude the consultation or treatment contract.
    2. The mediation proposal submitted by DEMECAN is based on objective criteria, such as competence, proximity, availability. The user's right to free choice of doctor is always maintained, in particular, the user is not obliged to accept the mediation proposal and conclude a consultation or treatment contract.
    3. Medical freedom pursuant to § 1 para. 2 BÄO and § 2 para. 1 MBO-Ä as well as medical independence pursuant to §§ 30 ff. MBO-Ä are maintained. It is always the responsibility of the medical practice, or the respective treating professional, to select the diagnostic or therapeutic method that seems appropriate. The treatment takes place in the premises of the medical practice or, if the case is suitable according to medical opinion, also within the framework of a video consultation.

4.Remuneration of Medical Services 

1. The medical practices involved are exclusively privately practicing professionals, and the remuneration of medical services is made through billing by the medical practice according to the Fee Schedule for Physicians (GOÄ) to the users. The user is informed by the medical practice about the amount of costs incurred. The invoicing is done immediately after the provision of a billable service.

2. The conditions of the treatment contract may stipulate a cancellation fee in favor of the medical practice.

  1. Vermittlung Mediation of Pharmacy Services and Prescription Service
    1. Users are free to select a pharmacy for the purchase or delivery of medications via the Online Platform. The users decide whether to commission DEMECAN during the ordering process to find a suitable pharmacy for delivery and to contact it with the order request. At the user's request, DEMECAN may facilitate the forwarding of medication prescriptions to the selected pharmacy. The right to choose any pharmacy is always preserved.
    2. Contracts regarding pharmaceuticals and their shipping are concluded exclusively between the user and the selected pharmacy. It is an offering of services by the respective pharmacy. Only the terms and conditions and payment conditions of the chosen pharmacy apply, and all claims, particularly those concerning warranty rights, are to be asserted against the selected pharmacy.
  2. Copyright Protection, Prohibition of Duplication
    1. All texts, software, images, graphics, videos, sound documents, etc., provided on the website www.herbscare.de and in the context of all other services offered by DEMECAN, are protected by copyright.
    2. All rights to the contents of the respective service offering and additional information, especially the copyright usage and exploitation rights, belong exclusively to DEMECAN.
    3. Storing or archiving the provided contents and information outside the website is not permitted. Passing on or offering the contents of the respective service offering to third parties is also not allowed. Any commercial duplication of the copyrighted contents and the commercial distribution to third parties are prohibited and will be pursued with legal steps. It is prohibited for the user to remove copyright notices, trademarks, and other legal reservations from downloaded contents.
  3. Appointment Service and Newsletter
    1. DEMECAN will set up an appointment service with a reminder function for scheduled doctor's appointments and provide it to the user.
    2. DEMECAN will establish a newsletter with current information on cannabis treatment and make it available to the user, provided the corresponding consent has been given.
  4. Availability and Operation oft the Service Offering
    1. DEMECAN strives to ensure the proper operation of the offered services but assumes no responsibility or liability for the uninterrupted usability of the internet, mobile app, telephone, and email services, and all other program services and their individual functions, especially not for technically caused delays, interruptions, and failures. Excluded from the operation of the service offering are also times during which data backup work is performed and system maintenance or program maintenance work is carried out on the system. DEMECAN will keep the disruptions resulting from this as minimal as possible. DEMECAN will inform the user about planned restrictions of availability of the service offering in a timely manner. No claims arise for the user from this.
    2. In the event of insurmountable obstacles, especially but not exclusively due to technical or personnel difficulties or bottlenecks, DEMECAN explicitly reserves the right to postpone or cancel agreed appointments. In the event of such a cancellation or postponement of the agreed appointment by DEMECAN, the user has no claims.
  5. Liability
    1. Claims for damages by the user are excluded. This does not include claims for damages by the user arising from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by DEMECAN, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
    2. In case of breach of essential contractual obligations, DEMECAN is only liable for the contract-typical, foreseeable damage if it was caused by simple negligence, unless it concerns claims for damages by the user resulting from an injury to life, body, or health.
    3. The restrictions of paragraphs 1 and 2 apply to all contractual and non-contractual claims and also benefit the legal representatives and vicarious agents of DEMECAN if claims are directly asserted against them.
    4. Participation in the service offerings of DEMECAN is at the user's own risk. DEMECAN assumes no liability for health damages that may occur to the user due to improper execution of the service contents and offers or due to recognized or unrecognized pre-existing conditions.
    5. DEMECAN does not assume any liability or guarantee for the intended functionality and availability of the service contents. DEMECAN is particularly not liable if the functionality and availability do not meet the medical needs of the user, should the user have provided incorrect or incomplete information. DEMECAN is not liable for damages resulting from unavailability or technical disruptions of the service. Any reduction of the fee paid for the service by DEMECAN remains unaffected.
    6. Contracts with cooperation partners (medical practices, pharmacies, other third parties) are concluded exclusively directly between the user and the cooperation partner. DEMECAN is not liable for any claims arising from these contracts.
  6. Dataprotection

The user is informed that DEMECAN collects, processes, and uses personal inventory and usage data in machine-readable form within the framework of the contractual relationship's purpose. The "Data Protection Regulations" of DEMECAN, which can be accessed by the user at any time on the website https://www.herbscare.de/datenschutz, apply for this purpose..

9. Right of Withdrawal 

1. Users who are consumers within the meaning of § 13 BGB have a legally prescribed right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor self-employed.


As a user, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us:


DEMECAN Hessen GmbH,

Paul-Ehrlich-Straße 51, 60596 Frankfurt am Main

represented by the managing director Philipp Goebel

Email: support@demecan.de


by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. 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 the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Your right of withdrawal expires prematurely if we have completed the service and only started to perform the service after you, as a consumer, have given your express consent and simultaneously confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by us.


If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of services already provided up to the time you inform us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract. If our performance to date was free of charge, you have no claim for a refund.

If you wish to withdraw from the contract, please fill out this form and send it back to:


DEMECAN Hessen GmbH,

Paul-Ehrlich-Straße 51, 60596 Frankfurt am Main

represented by the managing director Philipp Goebel

Email: support@demecan.de


Hereby I/we () withdraw from the contract concluded by me/us () for the provision of the following service

Ordered on ()/received on ()

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notified on paper)

Date

_______________

(*) Delete as appropriate


– End of withdrawal instructions-


10. Information Obligations 

  1. Users can contact customer service with questions about services at the email address support@demecan.de. 
  2. The language available for concluding the contract is German.
  3. There is no out-of-court complaint or remedy procedure to which DEMECAN is subject. DEMECAN has not subscribed to any specific code of conduct (regulation).
  4. The user can access, copy, save, and print the contract text at any time on the website in the login area. DEMECAN stores the contract text and makes it available to the user by email upon request.
  5. A user can cancel and correct any input at any time during registration or booking.
  6. As an online company, DEMECAN is required to inform the user, as a consumer, about the European Commission's Online Dispute Resolution (ODR) platform. The ODR platform can be accessed via the following link: https://webgate.ec.europa.eu/odr. It is designed for the extrajudicial resolution of disputes concerning contractual obligations from online service contracts between consumers and online businesses and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (ODR) is intended to offer a simple, efficient, fast, and cost-effective out-of-court solution for disputes. The ODR platform appropriately forwards filed complaints to national bodies responsible for alternative dispute resolution. The use of the ODR platform itself is free of charge, but procedures before the ADR entities may incur costs up to EUR 30.00 for the consumer if the claim is deemed frivolous. DEMECAN does not participate in a dispute resolution procedure before a consumer arbitration board.

11. Amendments

  1. DEMECAN reserves the right to amend these terms and conditions at any time without stating reasons, effective for the future. An intended change will be communicated to the user by sending it to the last email address provided by the user or by announcing it on the website.
  2. If the user does not object to the amended terms and conditions within two (2) weeks, they are deemed accepted and the amended terms and conditions become effective. The timeliness of the objection is determined by its dispatch.
  3. In the event of an objection within the deadline, DEMECAN may terminate the contractual relationship with the user immediately, with pro-rated reimbursement of any payments made in relation to the remaining term. If DEMECAN does not terminate the existing contractual relationship following an effective objection, the previous terms and conditions continue to apply unchanged in relation to the corresponding user.

12. Applicable Law and Jurisdication

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the user places the order as a consumer and had his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
  2. If the user does not have a general place of jurisdiction in Germany or another EU member state, or if the user moves his residence abroad after the conclusion of the contract or if his residence or habitual place of abode is not known at the time the lawsuit is filed, the exclusive place of jurisdiction is the seat of DEMECAN, Frankfurt am Main. Otherwise, the applicable statutory provisions concerning local and international jurisdiction shall apply.

14. Final Provisions

  1. The user can print out or save these terms and conditions using the browser function. The user can also download and archive this document in PDF form by saving this page as a PDF. To open the PDF file, the free program Adobe Reader (available at www.adobe.com) or a comparable program that supports the PDF format is required.
  2. Should individual provisions of these terms and conditions be or become invalid or unenforceable, or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the contract. In place of the unenforceable or invalid provision, the relevant statutory provisions shall apply. If statutory law does not apply in the respective case, a valid and enforceable regulation whose effects come closest to the economic objective pursued by DEMECAN and the user with the invalid or unenforceable provision shall be deemed agreed.
  3. Paragraph 2 applies accordingly in the event that the terms and conditions prove to be incomplete.