Welcome to Dr. SAM! Please read these Terms of Use (the "Terms") and our Privacy Policy ("Privacy Policy") carefully, as they are a legal agreement between you and Dr. SAM Germany GmbH, a Düsseldorf, Germany corporation ("Dr. SAM", "we", "us" or "our") and govern your use of our pet wellness content and related services accessible through our website at www.drsam.de (the "Website"). For ease of reading these Terms, the Website and our services are collectively referred to as the "Services".
Users registered with Dr. SAM have the ability to book appointments, order products and make use of other personalized services online.
(1) These GTC shall apply to all future and currently provided services and products under section 12 at www.drsam.de until the GTC are amended or supplemented.
(2) The General Terms and Conditions are not the subject of other offers by Dr. SAM.
Persons who are of legal age and over are entitled to use the Services, but there is no entitlement to use the Services. You may only use the Services if you (i) are 18 years of age or older and are able to enter into a legally binding contract with Dr. SAM, and (ii) are not barred from using the Services under applicable law.
(1) An account (or "Account") is required to use the services of Dr. SAM. An account can be created by registering, placing an order or booking an appointment. This can only be applied for by persons authorised to use the services in accordance with clause 2. You can do this through the Website or through your account on certain third party social networking services, such as Facebook (each a "SNS Account"). If you choose the SNS Account option, we will create your account by extracting from your SNS Account certain personal information, such as your name and email address, and other personal information that we can access based on your privacy settings on the SNS Account.
(2) By registering, placing an order or booking an appointment with Dr. SAM, you indicate that you are a member of the group of authorized users as described in section 2. You undertake not to infringe the rights of third parties by providing correct and complete data. You also violate the rights of third parties if you use data, information or personal data without the consent of the third party.
(3) If your data should change, you are obliged to enter this change as soon as possible. Dr. SAM is entitled to request proof of the accuracy of the information at any time. It is important that you provide us with accurate, complete and current information for your account, and you agree to update this information to keep it accurate, complete and current. If you fail to do so, we may have to suspend or terminate your account. You agree that you will not disclose your account password to anyone and that you will notify us immediately of any unauthorized use of your account. You are responsible for all activity that occurs under your account, whether or not you know about it.
(4) We welcome feedback, comments and suggestions for improvement of the Services. You may submit feedback to us at any time through our chat service at www.drsam.de. You grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense under any intellectual property rights you own or control, to use, copy, modify, create derivative works from, and otherwise exploit the Feedback for any purpose.
(1) The user agreement shall be concluded from the moment Dr. SAM confirms the registration or appointment and accepts it by making the services available and the user also agrees to these conditions of use. Dr. SAM reserves the right to terminate the user agreement at any time.
(2) Dr. SAM reserves the right to provide services on the domain www.drsam.de only under specific conditions and upon request. Prerequisites are described in detail at www.drsam.de.
(1) The services, which are subject to registration and are made available at www.drsam.de, are guaranteed exclusively within the scope of the technical, operational and financial possibilities of Dr. SAM.
(2) There is no entitlement to the provision of services requiring registration at www.drsam.de. Dr. SAM does not guarantee any assurances for an expected scope of services . Internet access is not part of this user agreement. The user is responsible for the internet connection and the hardware as well as the software.
(3) Dr. SAM reserves the right to discontinue and change any offer available at www.drsam.de at any time. Dr. SAM will inform you about this within a reasonable period of time.
(4) In case of intentional use of the monthly or quarterly cancelable VideoVet Flat subscription as a one-time consultation, we reserve the right to subsequently charge the full amount of the one-time consultation.
(1) You are obliged to keep your password confidential and to protect it from unauthorized access by third parties. You are also obliged to notify Dr. SAM if you become aware that your password is being used by third parties without your consent. Dr. SAM reserves the right to disable your access to any part of www.drsam.de that requires registration if it suspects that your password is being used by a third party; once this occurs, you will be notified and provided with a new password unless you knowingly contributed to the misuse. In addition, it is possible to change your password on your own in the "My Account" section; for security reasons, this should be done on a regular basis.
(2) You agree not to commercialize the services offered by Dr. SAM and to use them only in accordance with the policies on www.drsam.de.
(3) You may not send data or store data on Dr. SAM's servers in a way that interferes with or violates the use of Dr. SAM's or other parties' systems.
(4) You are prohibited from making offers to third parties or other users of www.drsam.de. In particular, this refers to spam emails and other types of advertising or messages that encourage purchases.
(5) To avoid data loss, Dr. SAM recommends that you make your own backup copy on your data carrier.
(1) You are prohibited from booking appointments for third parties.
(2) You are obliged to provide correct and complete information.
(3) The dates booked by you are binding and must be adhered to. If Dr. SAM notices that you are frequently absent for appointments, Dr. SAM is allowed to exclude you from future appointments.
(4) One consultation appointment is for one animal. If you require consultation from a veterinarian for more than one animal, you must book different appointments. A separate Video Flat subscription is required for each animal.
Dr. SAM does not act as a veterinarian and does not provide veterinary services itself. This is done exclusively by the veterinarians who keep booked appointments.
(1) Our KI Veterinary Chat is for informational purposes only and is not a substitute for professional veterinary advice or medical care. The information provided is based on general knowledge and cannot be substituted by a licensed veterinarian or professional.
(2) The use of this AI Vet Chat is at your own risk. Neither the developers nor the provider of this service assume any responsibility for any decisions made or actions taken based on the information obtained herein. You should always consult a qualified veterinarian for accurate diagnosis, treatment or care of your pet.
(3) This AI application cannot treat emergencies. In case of a medical emergency or acute health problems of your pet, you should immediately consult a veterinarian or contact a veterinary clinic.
(4) By using this AI Vet Chat, you agree to be bound by these terms and this disclaimer.
(1) If you do not fulfill your obligations towards these GTC, Dr. SAM has the right to block and deactivate the account and to delete it in case of a clear violation. Other measures for the protection of Dr. SAM are also allowed, as far as there is reason for protection. These measures also apply if there is a suspicion of a violation of the GTC.
(2) In case of violation of the GTC, you are liable for all damages resulting from it. Dr. SAM is exempt from all costs and violations caused by you, which are a result of violation of the GTC. Dr. SAM reserves the right to further claims.
(1) Dr. SAM shall not be liable for negligent violations of the General Terms and Conditions of Business of any kind.
(2) Neither Dr. SAM nor any other party involved in creating, producing, or delivering the Services shall be liable for any incidental, special, exemplary, consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunities, loss of data or good will, interruption of service, computer damages or system failures, or costs of substitute services of any kind arising out of or in connection with these Terms or the use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory and whether or not Dr. SAM or any other party has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to them.
(3) In no event shall Dr.SAM's total liability arising out of or in connection with these Terms and Conditions or the use or inability to use the Services exceed the amount paid by you to Dr.SAM for the use of the Services or one hundred euros (€100) if you have no obligation to pay Dr.SAM, as applicable.
(4) The exclusions and limitations of damages described above are fundamental elements of the business relationship between Dr. SAM and you. With regard to the prevention of damages and data loss, please refer to (6) paragraph 5.
(1) The contract for all orders and product orders is concluded either with Dr. SAM Germany GmbH or with a so-called product partner. In the event that the order or product order was concluded with a so-called product partner, Dr. SAM Germany GmbH shall not be a contractual partner of these orders, but shall only mediate the customer's orders to the product partner.
(2) The product inquiries posted or communicated are a binding offer by the customer to the above-mentioned contractual partner.
(3) All payments by customers to remunerate product orders shall be made on the basis of a separate payment service agreement between Dr. SAM Germany GmbH, the product partner and the payment service provider.
(4) Additional costs (for example shipping costs) may be required at the time of purchase. These are shown in the shopping cart before purchase and depend on the delivery location. Shipping to Germany costs 2,95€, to Austria 3,95€ and to France 4,95€.
(1) When you purchase a subscription to the Services or the Products (such purchase, a "Transaction"), you expressly authorize us (or our third party payment processor) to bill you for that Transaction. We may ask you to provide additional information relevant to your Transaction, including your credit card number, credit card expiration date, and your billing and notification email and postal addresses (such information, "Payment Information"). You represent and warrant that you are legally authorized to use all payment methods represented by such Payment Information. When you initiate a transaction, you authorize us to share your Order Information and Payment Information with third parties so that we may complete your transaction and charge your payment method for the transaction type you select (plus any applicable taxes and other fees). You may be required to provide additional information to verify your identity before you can complete your transaction (such information is included in the definition of Payment Information).
(2) In the case of a Subscription, the monthly Subscription Fee plus all applicable taxes and other fees ("Subscription Fee") will be billed to you on the date you purchase the Subscription and each period thereafter (as described in the Order). By purchasing a Subscription, you authorize us to initiate recurring, non-refundable payments as set forth below. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you using the payment information you provide as of the Effective Date until you cancel your Subscription. By agreeing to these Terms and choosing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription.
(3) The subscription has an initial term as specified during the purchase process for the Dr. SAM subscription. If the customer selects the regular delivery of goods from Dr. SAM at the interval selected by the customer (e.g. monthly delivery) during the ordering process, the customer submits a legally binding offer to conclude a purchase contract for the regular delivery of the goods in question by clicking on the "BUY NOW" button. The delivery of the selected goods/goods by Dr. SAM takes place regularly at the interval selected by the customer. The contract shall run for an indefinite period. The customer may terminate the contract up to two days before the next scheduled regular delivery with effect for the next delivery after the interval selected by the customer. To cancel, click on "Cancel" at www.drsam.de. From one day before the next scheduled regular delivery, the contract can only be canceled for the following delivery. Dr. SAM may also terminate the contract at any time with effect from the next delivery scheduled after the interval selected by the customer.
(1) Through the Video Vet Subscription, a User may book any number of online consultations with Dr. SAM for the duration of the initial term agreed upon during registration, as long as the fair use rule applies. If YOU have booked a single consultation, you will not have the benefits of the Video Vet Subscription and will not have any number of online consultations included. The fair-use rules are intended to provide a sustainable way to ensure that all subscribers can get quick and easy consultation help. Dr. SAM wants to provide every member with an immediate consultation with a veterinarian in case of a health problem.
A violation of the fair use rules occurs if a subscriber uses the offer excessively. To determine such a violation, the use of the offer by the affected subscriber is compared with comparison groups. The subscriber will be informed if, contrary to expectations, an existing and continuing overuse is determined. Termination will only occur after prior notice of overuse. The option to terminate the contract is a last resort to protect the community of subscribers from cost increases.
A violation of the fair use rules shall further exist if the advice intended with the inquiries obviously does not offer sufficient prospect of success and appears to be wanton. Willfulness exists if an average subscriber would refrain from seeking emergency advice (initial advice) if he or she were to make a reasonable assessment of all the circumstances.
Requests that are futile and hypothetical from the outset also constitute a violation of the fair use rules if they occur repeatedly. All violations of any of the fair use rules constitute grounds for extraordinary termination. The termination refers only to the subscription. The user may thereafter continue to book individual consultations with Dr. SAM.
(2) Standard consultations according to the GOT are included in the Video Vet subscription. Special services that are very time-consuming for our veterinarians, such as second opinions (on blood work, x-rays, etc.) and special consultations(e.g. nutritional counseling, behavioral counseling...) are not included in the subscription. For more information, please visit https://www.bundestieraerztekammer.de/tieraerzte/beruf/got/.
(3) The subscription is basically animal-bound. Excepted are explicitly booked extensions/upgrades that extend the membership to multiple animals. We require the payment of a fee for the use of the Services (or certain parts thereof) and you agree to pay these fees. If you wish to upgrade your subscription to include an animal, please contact us in chat.
(4) The subscription has a monthly, quarterly or annual initial term, as specified during the registration for the Dr. SAM subscription. Thereafter, it shall continue indefinitely. It can be canceled at any time with one month's notice. To cancel a subscription, click on "Cancel" at www.drsam.de.
(5) Termination by Dr. SAM is possible at any time in case of misuse of the membership.
(6) Any free trial period/right of revocation for members expires as soon as a member books and attends the first appointment.
(1) Right of withdrawal: You have the right to withdraw from the contract concluded with the subscription within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us Dr.SAM, Rethelstraße 47,40237 Düsseldorf, by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(3) Excluded from the revocation: A return of our goods is possible for hygienic reasons only if the goods are in the closed original packaging in new condition.
Within a concluded product subscription, the first delivery can be returned free of charge within the statutory cancellation period. From the second delivery on, a return as well as a refund is no longer possible.
(1) You may cancel and terminate registration by deleting the account by notifying Dr. SAM at www.drsam.de via chat.
(2) To cancel your Dr. SAM subscription, you must scroll to the bottom of the Dr. SAM page and click the ''Cancel'' box. You will be redirected to the next step. Please fill in all fields carefully. When you have filled in all the fields and sent the cancellation, you will receive a confirmation of cancellation by mail. If you did not receive a mail, please contact us in the chat function on our site. You will be responsible for all subscription fees incurred for the then current subscription period. In no event will you receive a refund of any portion of the subscription fee paid at the time of cancellation for the then current subscription period. If you cancel, your right to use the Services will continue until the end of the then-current Subscription Period, at which time it will terminate without further charge.
(3) Blocking of the payment method or discontinuation of payment shall not be considered as termination. The subscription must be actively terminated as described above.
(4) Dr. SAM further has the right to terminate you for cause without notice. We may, in our sole discretion, terminate your access to and use of the Services at any time without notice to you.
(5) After a termination Dr. SAM reserves the right to block, deactivate and delete the account and the related content.
You are responsible for all Subscription Fees incurred for the then-current Subscription Period. In no event will you receive a refund of any portion of the Subscription Fee paid at the time of termination for the then-current Subscription Period. If you cancel, your right to use the Services will continue until the end of the then-current Subscription Period, at which time it will terminate without further charge.
(6) Subsequent contributions for products and services are due on the first day of the agreed contribution period. Payment shall be deemed to be on time if it is made at the time specified in the contribution invoice. If the subsequent contribution is not paid on time, the customer shall be in default without a reminder. If the customer is in default, he or she will no longer have access to products and services that include a consignment of goods from the day the invoice is due. If the customer is in default, there is a one-month payment period from the date the invoice is due. If the payment period expires without the outstanding invoice being settled, Dr. SAM has the right to terminate the contract. If the customer settles the outstanding invoice, the contract shall be continued.
(7) Upon any termination, suspension or cancellation of the Services or your Account, Sections 12 through 20 will survive.
(8) For a termination of membership, see also item 13.
(1) For purposes of these Terms, "Content Text, graphics, images, music, software, audio, video, copyrights of any kind, and information or other materials posted, generated, provided, transmitted or otherwise made available through the Services; and "User Content" means any content you provide to us through the Services (e.g., information about your pet).
(2) Dr. SAM does not claim ownership of any User Content, and nothing in these Terms shall be deemed to limit your rights to use and exploit your User Content. Subject to the foregoing, Dr. SAM and its licensors are the exclusive owners of all right, title and interest in and to the Services and Content, including all related intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of Germany and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices contained in or accompanying the Services or Content. If you want to use images or text on drsam.de, you are required to request it in the chat.
(3) By submitting User Content through the Services, you hereby grant Dr. SAM a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, publicly display and publicly perform your User Content in connection with the operation and provision of the Services.
(4) You are solely responsible for all of Your User Content. You represent and warrant that you own all of your User Content or have all rights necessary to grant us the license rights to your User Content under these Terms. You further represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Dr. SAM on or through the Services, will infringe, misappropriate, or violate the intellectual property rights of any third party or the rights of publicity or privacy, or result in a violation of any applicable law or regulation.
(5) You may remove Your User Content by expressly deleting it. However, in certain cases, some of Your User Content may not be completely removed and copies of Your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of Your User Content (or the failure to remove or delete it).
(6) Subject to your compliance with these Terms, Dr. SAM grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
(7) The Services may make available to you content provided by third parties, including links to third-party websites or resources (collectively, "Third Party Content"). We do not control, endorse, or take ownership of Third Party Content and assume no responsibility for Third Party Content, including, but not limited to, material that may be misleading, incomplete, inaccurate, offensive, indecent, or otherwise objectionable. You acknowledge that we are providing the Third Party Content to you only as a convenience, and are not responsible for any content, products or services available on or through any links displayed on such websites or resources. You further acknowledge that you are solely responsible for your use of, and assume all risks arising from, any third party websites or resources and any interactions you have with such third party websites or resources.
(1) You will indemnify, defend and hold harmless Dr. SAM and its officers, directors, employees and agents from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your User Content, or (iii) your violation of these Terms.
You agree to refrain from doing the following:
(a) post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates any patent, copyright, trademark, trade secret ,moral right or other intellectual property right or right of publicity or privacy of any third party; (ii)violates any applicable law or regulation or encourages conduct that would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or libelous; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any person or group; (vi) is violent or threatening or promotes violence or acts that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) use, display, mirror, or frame the Services or individual elements within the Services, Dr. SAM's name, trademarks, logos, or other proprietary information of Dr. SAM, or the layout and design of any page or form on a site without the express written consent of Dr. SAM;
(c) access, manipulate or use non-public areas of the Services, Dr.SAM's computer systems or the technical delivery systems of Dr.SAM's providers;
(d) attempt to probe, scan, or test the vulnerability of a Dr.SAM system or network, or violate security or authentication measures;
(e) circumvent, remove, disable, impair, decrypt or otherwise bypass any technical measures implemented by Dr. SAM or any of Dr. SAM's Providers or any third party (including any other User) to protect the Services or Content;
(f) Attempt to access or search the Services or Content or download Content from the Services using any machine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), other than software and/or search agents provided by Dr.SAM or other commonly available third party web browsers;
(g) sending unsolicited or unauthorized advertising, promotional materials,e-mail, junk mail, spam, chain letters or other forms of solicitation;
(h) use any meta tags or any other hidden text or meta data utilizing any Dr. SAM trademark, logo, URL or product name without the express written consent of Dr. SAM;
(i)Use the Services or any part thereof for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) forge TCP/IP packet headers or any portion of the header information in e-mail or newsgroup postings or use the Services in any manner, send altered, deceptive or false source identifying information;
(k) attempt to decrypt,decompile, disassemble or reverse engineer any software used to provide the Services;
(l) disrupt or attempt to disrupt the access of any User, host or network, including but not limited to sending a virus, overloading, flooding, spamming or mail-bombing the Services;
(m) Collect or store Personally Identifiable Information from other users of the Services without their express permission.
(n) impersonate another person or misrepresent your affiliation with another person or entity;
(o) violate any applicable law or regulation; or
(p) encourage or enable another person to do any of the foregoing. Although we have no obligation to monitor access to or use of the Services or to review or edit Content, we have the right to do so for the purpose of operating the Services, ensuring compliance with these Terms, and complying with applicable laws or other legal requirements. We reserve the right, but have no obligation, to remove or disable access to any Content (including, without limitation, User Content)at any time without notice, including, without limitation, if we believe, in our sole discretion, that any Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that interferes with the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
(1) The Services and Content are provided "as is" without warranty of any kind. Without limiting the foregoing, we expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, undisturbed enjoyment and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Services will meet your requirements or be uninterrupted, secure or error-free. We do not warrant the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Content. The Content may contain information about various medical conditions that may affect your pet; this information is provided for informational purposes only and does not constitute medical advice.
(2) Any advice provided by a veterinarian is for your decision support purposes only (i.e., to assist you in making your veterinary decision). The Services are not a substitute for an in-person examination of your pet by a veterinarian. Communication with veterinarians through the Services is limited in nature and does not include safeguards and procedures typical of in-person evaluations and visits. Use of the Services does not create a client-professional relationship between you and us. Communications with Professionals through the Services are not confidential and are not subject to the privileges associated therewith. The laws, regulations, other governing authorities, standards, practices and procedures applicable to your Specific Question or situation may differ depending on your location and the information typically obtained through an in-person assessment. Veterinarians available through the Services may be licensed, certified, trained, employed or experienced only in certain jurisdictions or in certain fields.
(3) If you believe your pet is experiencing a medical emergency, seek appropriate emergency veterinary care immediately. You acknowledge sole responsibility for and assume all risk arising from your use of the Services.
Dr. SAM has the right to change the GTC, as long as you are not unreasonably disadvantaged, if the GTC contains loopholes or disruptions of the relationship between the user and Dr. SAM. This also applies if the change is without disadvantage to the user, such as a change in the registration process or Dr. SAM. You will be informed of any changes within a reasonable period of time before the new GTC come into effect. You may deactivate or delete your account if the TOS are unacceptable to you. If you continue to use the services of Dr. SAM after the new GTC come into effect, you accept the new GTC. You will be additionally informed about legal consequences.
(1) Entire Agreement. These Terms constitute the entire and exclusive agreement between Dr. SAM and you with respect to the Services, and these Terms supersede any prior oral or written understandings or agreements between Dr. SAM and you with respect to the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, whether by operation of law or otherwise, without the prior written consent of Dr. SAM. Any attempt by you to assign or transfer these Terms without such consent shall be void. Dr. SAM may assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
(2) Notices. All notices or other communications provided by Dr. SAM under these Terms, including those relating to changes in these Terms, will be provided as follows (i) by email; or (ii) by posting on the Services. For notices provided by email, the date of receipt will be the date on which the notice is transmitted.
(3) Waiver of Rights. The failure of Dr. SAM to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. No waiver of any such right or provision shall be effective unless in writing and signed by a duly authorized representative of Dr. SAM. Except as expressly provided in these Terms, the exercise of any remedy by either party under these Terms shall not affect its other remedies under these Terms or otherwise.
(1) The place of jurisdiction for disputes in these GTC is Düsseldorf, if the member is a merchant or the general place of jurisdiction is abroad. This also applies if the user moves his residence from Germany to a foreign country after accepting the contract or if the residence is not known when the lawsuit is filed.
(2) The law of the Federal Republic of Germany and the UN Convention on Contracts for the International Sale of Goods shall apply and German international private law is excluded.
(3) The remaining provisions shall remain unaffected if individual provisions are invalid.
Status: 01.09.2023