General Terms and Conditions of Business
Vida Hebammen Online GmbH
1.scope of application
These General Terms and Conditions (GTC) of Vida Midwives Online GmbH, Freiestrasse 49, 8952 Schlieren, apply to all business relationships between Vida Midwives Online and its clients.
Vida Midwives Online offers online consultations by midwives for families (topics pregnancy, birth and postpartum). For this purpose and for the information of clients, Vida Midwives Online also owns and operates the website www.vida-hebammenonline.ch.
Vida Midwives Online is not an emergency service. In emergencies and acute situations, the client contacts the relevant emergency service and/or a doctor directly.
Every person who uses the services of Vida Midwives Online is referred to as a client.
These GTC apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of Vida Midwives Online in order to be valid.
By using the services of Vida Midwives Online, the client confirms that she accepts these GTC in full.
For reasons of better readability, the female form is used in these GTC for personal names and special nouns. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
2. information on www.vida-hebammenonline.ch
www.vida-hebammenonline.ch contains information about services. Prices and other information are subject to change without notice. All information on www.vida-hebammenonline.ch (service descriptions, illustrations, films and other information) does not represent any assurance of characteristics or guarantees, unless it is explicitly stated otherwise. Vida Midwives Online makes every effort to ensure that all details and information on www.vida-hebammenonline.ch are correct, complete, up to date and clear, but Vida Midwives Online can neither explicitly nor implicitly guarantee this.
All offers on www.vida-hebammenonline.ch are subject to change and are not to be understood as a binding offer.
Vida Midwives Online cannot give any guarantee that the services listed on www.vida-hebammenonline.ch can be provided. Therefore, all details of services are without guarantee and are subject to change at any time and without notice.
On www.vida-hebammenonline.ch there may be links to the websites of third parties. Vida Midwives Online accepts no responsibility whatsoever for their content and cannot be held liable in any way whatsoever. The contents of such websites do not necessarily represent the opinion of Vida Midwives Online nor is it to be assumed that Vida Midwives Online has approved of such contents.
3. offers and conclusion of contract
The conclusion of the contract with the client comes about through the delivery of the booking confirmation by Vida Midwives Online by e-mail.
The contract is also concluded when the client makes use of the services offered by Vida Midwives Online.
If it becomes apparent after the conclusion of the contract that the ordered service cannot be provided or cannot be provided in full or that cooperation is not possible, Vida Midwives Online is entitled to withdraw from the entire contract or from a part of the contract. Any payment already received by Vida Midwives Online will be refunded to the client on a pro rata basis. If no payment has yet been made, the client will be released from the proportional payment obligation. Vida Midwives Online is not obliged to provide any replacement services or compensation in the event of termination of the contract.
The client has no right to terminate the contract after the 14-day right of cancellation has expired, not even in the case of courses lasting a certain period of time. The client can, however, at any time renounce the use of the services of Vida Midwives Online without compensation, in which case there will be no refund of fees already paid.
4. right of withdrawal
The client is granted a right of withdrawal for 14 days after booking the service. The deadline is considered to have been met if the client notifies Vida Midwives Online of the revocation in due time by e-mail in due time. The revocation does not require any justification.
The exercise of the right of withdrawal leads to a reversal of the contract. Any payment already made will be refunded to the customer within 14 days.
In the following cases, no right of withdrawal is granted or the right of withdrawal does not apply:
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if the subject matter of the contract is digital content and such content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately; or
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if the fulfilment by Vida Midwives Online is already started with the prior express consent of the customer before the withdrawal period has expired.
5. prices
As a rule, the breastfeeding consultation is paid for by the health insurance. All other services are invoiced directly to the client and must be paid by her. If the client does not provide the necessary health insurance information or if the health insurance does not cover the costs, the client is obliged to pay the costs incurred herself.
Unless otherwise quoted, all prices are gross prices in Swiss francs (CHF). Vida Midwives Online is not subject to value added tax.
Unless fixed prices have been expressly agreed, consultancy and service orders are remunerated according to time spent. The amount of the fee or the fee rate is determined in each case according to the offer valid at the time of the confirmation of the order.
6. Payment
Timely payment is a prerequisite for participation in the services of Vida Midwives Online.
In order to be able to use the services of Vida Midwives Online, the customer has to pay in advance.
If the respective invoice from Vida Midwives Online is not paid within the specified payment period, the client is automatically in default and owes a reminder fee of CHF 50. In the event of a second reminder, a reminder fee of an additional CHF 80.00 will be charged. From the time of default, the customer shall also owe interest on arrears at the statutory rate of 5%.
In the event of non-payment within the deadline, Vida Midwives Online is entitled not to provide its services or to withdraw from the contract.
Offsetting of the invoiced amount against a possible claim of the client against Vida Midwives Online is not permitted.
7. obligations of Vida Midwives Online
Unless otherwise agreed, Vida Midwives Online fulfils its obligations by providing the agreed service.
Vida Midwives Online takes into account, if possible, subsequent requests for changes by the client, as long as these are possible without additional costs or postponements. If additional expenses and/or costs are incurred, Vida Midwives Online will inform the client in advance and the client must confirm this additional cost assumption in writing.
The services of Vida Midwives Online are generally provided online. The data protection regulations of Vida Midwives Online apply, which can be viewed at www.vida-hebammenonline.ch. For all other services, the registered office of Vida Midwives Online is the place of performance, unless otherwise agreed.
In the event of being prevented from attending, Vida Midwives Online is entitled to postpone the appointment at any time and to propose alternative dates. If the number of participants is too low, Vida Midwives Online is entitled to postpone the appointment or to combine it with another, comparable offer. The client is only entitled to a refund if the appointment is definitely cancelled by Vida Midwives Online.
If circumstances, which are not the fault of Vida Midwives Online (e.g. lack of participation, force majeure etc.) make the implementation of an offer impossible from the provider's point of view, Vida Midwives Online reserves the right to cancel or postpone the offer. Any payments already made by the client will be credited towards further services or refunded in full. Further claims for compensation are excluded.
8. obligations of the client
The client is responsible for clarifying in advance whether the services she uses with Vida Midwives Online are covered by her health insurance.
Vida Midwives Online provides the client with the necessary knowledge. The client is always responsible for the successful implementation.
Vida Midwives Online is dependent on the client making all the arrangements and preparations discussed in advance, which are necessary for the provision of the service by Vida Midwives Online, in particular to express her concerns, expectations and wishes as well as to provide truthful information, also with regard to her state of health. The client must keep the mutually agreed appointments.
In the case of online appointments, the client is responsible for ensuring the necessary Internet infrastructure and appropriate Internet access. The client must make the arrangements at the agreed time and to the agreed extent.
Furthermore, the client is obliged to cooperate comprehensively and promptly, in particular to appear punctually and to carry out the "homework". Participation in the services of Vida Midwives Online requires a willingness to cooperate and learn on one's own responsibility. Vida Midwives Online assumes that the information and documents provided by the client are correct and complete and comply with the legal obligations to cooperate and provide information. The examination of the correctness and regularity of information, documents and figures of the client is not incumbent on Vida Midwives Online.
The client is also obliged to attend agreed appointments in person.
If she is prevented from attending, she must cancel the respective appointment in writing (by e-mail) at least 24 hours in advance. Any fees already paid will be refunded.
If the client is unable to attend the appointment up to 12 hours in advance (notification of the client by e-mail), an alternative date can be arranged once at no extra cost. In the event of cancellation, any fee already paid will not be refunded.
In the event of a cancellation less than 12 hours before the agreed appointment, the appointment shall be deemed to have been kept. Any fee already paid will not be refunded.
The videos, calls and all other services and consultations provided online may not be recorded in whole or in part or filmed from the screen without the contrary permission of Vida Midwives Online. The client must carefully store released video call recordings.
The client is forbidden to make any files or documents accessible to third parties without the written permission of Vida Midwives Online, whether for payment or free of charge, during or after the termination of the services of Vida Midwives Online.
9. Warranty
Vida Midwives Online cannot promise success. However, Vida Midwives Online is liable in accordance with Art. 398 Para. 2 OR for the faithful and careful execution of the services ordered from her.
10. Liability
Any liability, irrespective of its legal basis, as well as claims for damages against Vida Midwives Online and any auxiliary persons and vicarious agents, are excluded, in particular also with regard to pre-existing conditions and for health deteriorations and any consequential damages.
Vida Midwives Online is not liable in particular for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the client or third parties.
Vida Midwives Online is also not liable for contents of third parties, which can be reached via links on www.vida-hebammenonline.ch and also not for contributions of third parties on www.vida-hebammenonline.ch. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.
It is the responsibility of the client to take out insurance if she deems it necessary.
Vida Midwives Online cannot give any guarantee or assurance of any kind that
www.vida-hebammenonline.ch or parts thereof will be available to the client at all times. Vida Midwives Online excludes any liability for this.
11. intellectual property rights
Vida Midwives Online is entitled to all rights to the services, images, content and brands or Vida Midwives Online is entitled to their use by the owner.
The customer has the right to display certain contents on www.vida-hebammenonline.ch on her personal computer to carry out any downloads listed, whereby the copyrights to these downloads remain in any case with Vida Midwives Online. However, these rights of use expire automatically and without prior notice if the customer violates these GTC and generally the agreed terms of use.
The customer is not entitled to use content and materials to which she obtains access via
www.vida-hebammenonline.ch to modify, edit, change or expand in any way.
Neither these General Terms and Conditions nor any individual agreements pertaining thereto have as their content the transfer of intellectual property rights, unless this has been explicitly agreed. The customer merely acquires the right of use. The programmes, developments and contents remain the sole property of Vida Midwives Online.
In addition, any further use, publication and making accessible of information, pictures, texts or other things which the client receives in connection with the service of Vida Midwives Online is prohibited, unless it is explicitly approved by Vida Midwives Online.
12. secrecy
Vida Midwives Online undertakes to maintain secrecy about any information received during the cooperation with the client which must be kept secret due to legal regulations or the nature of the matter and/or which concern the personality or personal circumstances of the client. This obligation shall apply beyond the termination of the cooperation.
Information which is generally known is not covered by the duty of confidentiality.
The client acknowledges that video conferencing tools such as ZOOM, Teams, Whereby etc. do not offer complete security and that information from them may be accessible to third parties.
13. data protection
The protection of the personal data of its clients is important to Vida Midwives Online. Vida Midwives Online takes the topic of data protection seriously and pays attention to corresponding security. Vida Midwives Online processes and maintains personal data in accordance with the provisions of the Federal Law on Data Protection (DSG), the Ordinance to the Federal Law on Data Protection (VDSG), the Telecommunications Act (FMG) and, as far as applicable, other data protection regulations, in particular the Basic Data Protection Regulation of the European Union (DSGVO).
The client agrees that Vida Midwives Online may use her data to carry out advertising measures (online or print), in particular to send her information about offers.
The client has the possibility to object to these advertising purposes at any time by notifying Vida Midwives Online.
In all other respects reference is made to the data protection declaration of Vida Midwives Online, which can be viewed at www.vida-hebammenonline.ch.
14. Further provisions
The client can only transfer the rights and obligations from this contract to third parties with the written consent of Vida Midwives Online.
Verbal side agreements do not exist. Changes and/or additions to these terms and conditions must be made in writing to be effective.
Subsequent changes and/or additions to these GTC and the respective order must be in writing to be effective. In the case of existing contracts, subsequent amendments to the GTC shall be notified to the customer concerned by e-mail. If the customer does not object within a period of 14 days, the amended GTC shall be deemed to have been accepted.
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come as close as possible to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
In the event of disputes, Swiss substantive law shall apply exclusively.
The place of jurisdiction is Zurich.
Schlieren, 18 September 2023