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Our general terms and conditions

General terms and conditions

1. Scope
2. Contracting party, conclusion of contract, correction options
3. Contract language, storage of the contract text
4. Delivery terms
5. Payment
6. Right to cancel
7. Retention of title
8. Transport damage
9. Statutory rights for defects and guarantees
10. Liability
11. Agreement on the use of Trusted Shops Buyer Protection
12. Dispute resolution
13. Protection of minors
14. Final provisions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business is a natural or legal person, or a partnership with legal capacity, acting in the exercise of its trade, business or profession when entering into a legal transaction.

For businesses: If a business uses conflicting or supplementary general terms and conditions, we hereby object to their application; they become part of the contract only if we have expressly agreed to them.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Parmorcan®.

The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer for the products in your shopping basket. Receipt of your order is acknowledged by email immediately after you submit it.

We accept your offer within two days by

  • sending a declaration of acceptance in a separate email, or

  • where applicable, having the payment transaction carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see ‘Payment’).

The applicable alternative depends on which of the listed events occurs first.

The subject matter of the contract is a personally provided health-consultation service for the customer, as described in the website offer. We undertake to advise the customer individually within the scope of the agreed health consultation.

Services are performed to the best of our knowledge and ability; no successful outcome is owed.

The customer is responsible for their own personal change and is willing, as far as they are able, to work on themselves to achieve the desired changes. The customer acknowledges that throughout the consultation agreement, both during sessions and between individual sessions, they remain fully responsible for their physical and mental health.

Unless otherwise agreed, the service may only be used personally by the customer.

The agreed service is a time-defined obligation under a service contract in accordance with section 611 of the German Civil Code (BGB). The entire offering of www.parmorcan.de does not include medical, physician-led, psychiatric or psychological treatment or advice and therefore cannot replace such services. It is not suitable for people who require medical or psychotherapeutic treatment or support. The customer is responsible for their own perceptions, feelings, findings, insights, experiences, etc. during the consultation. Throughout the collaboration, the customer remains fully responsible for their physical and mental health. This includes participation in the offering before, during and after the consultation. The participant acknowledges that all actions taken during the collaboration fall exclusively within their own responsibility. As the provider, we give no guarantee of the success of the measures.

A Parmorcan® consultation generally lasts at least 60 minutes. Any variations in duration are stated in the offer on the website.

The time, type, scope and location of the consultation are agreed with the customer. Possible content and objectives are agreed with the customer in advance.

A health history is taken before a consultation.

Appointments / cancellation:

All appointments allocated by us are binding. Registration for our consultation by email or telephone is binding on both parties. After completing registration, you will receive a registration confirmation/invoice by email. A place is only secured once the amount due has been received in our account. The customer is only entitled to attend the booked consultation after the payment due has been received in full.

Start, duration, content:

The event, location and times are determined by the respective offer on the website.

Attendance:

The customer is only entitled to attend the booked consultation after the payment due has been received in full. We may allocate the booked place to someone else if the participant has not paid the fee due within 7 days of receiving the invoice. Before reallocating the place, we will remind the participant of their payment obligation and grant a reasonable additional period for payment.

Cancelling a consultation:

If you need to cancel or reschedule a booked appointment, you are asked to inform us in good time and as soon as possible, but at least 24 hours before the booked appointment. If an appointment is cancelled at short notice or not attended, unless you are prevented from attending through no fault of your own, we will charge the full price of the booked service. We reserve the right to cancel or reschedule any consultation session without giving reasons. In such a case, the customer has no entitlement to performance of the service. The participant will be informed in good time and payments already made will be refunded in full, or an alternative appointment will be arranged. No further compensation may be claimed. Cancellation must always be made personally (by email, WhatsApp or telephone). Any statutory right to cancel remains unaffected by these appointment-cancellation rules.

If the consultation does not take place for reasons on our side, we refund 100% of the fee.

Rescheduling appointments:

For health reasons, scheduled appointments within the offering can be rescheduled up to 24 hours in advance. We reserve the right, for compelling reasons, to cancel or reschedule consultation sessions without giving reasons. In such a case, the customer has no entitlement to performance of the service. The participant will be informed in good time and given a replacement appointment. No further compensation may be claimed.

Withdrawal by the service provider Parmorcan®:

We may withdraw from the contract for good cause. Good cause includes, in particular, illness. Withdrawal must be communicated personally (by email, WhatsApp or telephone). In such a case, the participant has no entitlement to performance of the service. The customer will be informed in good time and payments already made will be refunded in full. No further compensation may be claimed.

Information before the start of the consultation and data protection:

We comply with data-protection laws and take the protection of personal data very seriously, including in the customer's interest. We use personal data exclusively to perform the contract with the customer and treat it confidentially. Data are not disclosed to third parties who are not involved in the ordering, delivery and payment process.

The customer has the right to obtain information free of charge, on request, about the personal data we have stored about them. They also have the right to have inaccurate data corrected and their personal data blocked and erased, unless a statutory retention obligation prevents this.

Further information about the nature, scope, location and purpose of our collection, processing and use of the required personal data can be found in the privacy policy.

Confidentiality:

The customer undertakes to maintain confidentiality about any trade and business secrets of Parmorcan®, including after the framework agreements have ended.

We must maintain confidentiality about all customer information that becomes known to us in connection with performing the service, including after the framework agreement has ended.

3. Contract language, storage of the contract text

Language(s) available for concluding the contract: German

We store the contract text on our systems, which are not accessible to you.

4. Delivery terms

4.1 Delivery costs

Standard delivery is free of charge.

4.2 Delivery options

We dispatch the products to the delivery address specified during the ordering process.

We only deliver by shipping. Collection of the goods is unfortunately not possible.

5. Payment

The following payment methods are generally available in our shop.

Payment in advance
If you select payment in advance, we will provide our bank details in a separate email and dispatch the goods after receipt of payment.

SEPA bank transfer via Mollie B.V.
Mollie B.V. (Mollie), a company registered with the Dutch Chamber of Commerce under number 30204462, is a payment service provider authorised by the Dutch central bank (DNB). Stichting Mollie Payments is a foundation established by Mollie to safeguard third-party funds processed by Mollie, as referred to in the first and second Payment Services Directives. Because funds in the Stichting Mollie Payments account are separated from funds in Mollie B.V.'s bank account, the use of Stichting Mollie Payments ensures that third-party funds are never mixed with funds in Mollie B.V.'s account. This has the advantage that seizure or insolvency of Mollie B.V. does not affect funds processed by Mollie for its customers. Both Mollie and Stichting Mollie Payments are supervised by the DNB. Mollie provides online payment services for its customers, who operate online shops. Under a payment agreement between Mollie and the shop operator, Mollie connects the operator and buyers through payment methods such as MasterCard, Visa, Sofort, American Express or Bancontact. Mollie's service is limited to processing a payment on behalf of the shop operator and subsequently transferring funds to the operator's bank account; Mollie is therefore not a party to the purchase contract between the consumer and the shop operator.

6. Right to cancel

Consumers have the statutory right to cancel described in the cancellation policy. Businesses are not granted a voluntary right to cancel.

7. Retention of title

The product remains our property until payment has been made in full.
For businesses, the following also applies: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from that resale, up to the invoice amount, regardless of whether the goods subject to retention of title have been combined or mixed with a new item, and we accept this assignment. You remain authorised to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations. At your request, we will release securities to which we are entitled insofar as their realisable value exceeds the value of the outstanding claims by more than 10%.

8. Transport damage

For consumers: If goods arrive with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to report a defect or contact us has no effect on your statutory claims or their enforcement, in particular your statutory rights for defects. However, you help us assert our own claims against the carrier or transport insurer.

For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we hand the goods over to the freight forwarder, carrier or other person or organisation appointed to carry out shipment.

9. Statutory rights for defects and guarantees

9.1 Statutory liability for defects

Unless expressly agreed otherwise below, statutory liability for defects applies.

The following limitations and shortened time limits do not apply to claims for damage caused by us, our legal representatives or persons acting on our behalf

  • in the event of injury to life, body or health,

  • in the event of an intentional or grossly negligent breach of duty or fraudulent conduct,

  • in the event of a breach of essential contractual obligations, fulfilment of which is necessary for the proper performance of the contract and on compliance with which the contracting party may normally rely (material contractual obligations),

  • under a guarantee, if agreed, or

  • where the German Product Liability Act applies.

Limitations for businesses

For businesses, only our own statements and the manufacturer's product descriptions incorporated into the contract constitute an agreement on the characteristics of the goods; we accept no liability for public statements by the manufacturer or other advertising claims. For businesses, the limitation period for claims concerning defects in newly manufactured goods is one year from the transfer of risk. The preceding sentence does not apply to an item which has been used for a building in accordance with its usual purpose and has caused the building to be defective.

The statutory limitation periods for rights of recourse under section 445a of the German Civil Code (BGB) remain unaffected.

Notice for merchants

Between merchants, the duty to inspect and give notice of defects under section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice required there, the goods are deemed accepted, unless the defect could not have been discovered during inspection. This does not apply if we fraudulently concealed a defect.

9.2 Guarantees and customer service

Information about any additional guarantees that may apply and their precise terms can be found with the respective product and on dedicated information pages in the online shop.

10. Liability

We are always liable without limitation for claims concerning damage caused by us, our legal representatives or persons acting on our behalf

  • in the event of injury to life, body or health,

  • in the event of an intentional or grossly negligent breach of duty,

  • under a guarantee, if agreed, or

  • where the German Product Liability Act applies.

In the event of a slightly negligent breach by us, our legal representatives or persons acting on our behalf of essential contractual obligations, fulfilment of which is necessary for the proper performance of the contract and on compliance with which the contracting party may normally rely (material contractual obligations), liability is limited to the damage foreseeable at the time the contract was concluded and typically to be expected.
All other claims for damages are excluded.

11. Agreement on the use of Trusted Shops Buyer Protection

You can protect orders placed with us free of charge up to an order value of EUR 100 through Trusted Shops SE Buyer Protection. Trusted Shops also offers paid protection together with a guarantor. The Trusted Shops Buyer Protection terms apply and can be found here . Buyer Protection is taken out by clicking the appropriately labelled button on the ‘Trustcard’, which appears as a pop-up on the order thank-you page after an order has been completed. If you are already registered for Buyer Protection, your order is protected automatically (automatic Buyer Protection), without having to click the button. To offer you (automatic) Buyer Protection, the Trustcard needs access to order data stored in your browser's cache. For this purpose, a hash value of your email address, the order number and the order total are transmitted to Trusted Shops. If you are already registered for Buyer Protection, your order is protected automatically. If you are not yet registered, you can register through the Trustcard as described above. Information about data protection at Trusted Shops is attached to the Buyer Protection terms linked above.

12. Dispute resolution

We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.

13. Protection of minors

If your order includes products subject to age restrictions, we use a reliable procedure involving a personal identity and age check to ensure that the person placing the order has reached the required minimum age. Where delivery takes place, the delivery agent hands over the goods only after checking the age and only to the person who placed the order in person. Delivery to parcel lockers is not possible in this case.

14. Final provisions

If you are a business, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

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