GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Business of Dr. SAM Germany GmbH, Ernst-Gnoß-Straße 24, 40219 Düsseldorf, Germany, for the Internet offer www.drsam.de. Hereinafter referred to as Dr. SAM.

Preliminary remark

The users registered with Dr. SAM have the possibility to book appointments online and to make use of other personalized services such as the "patient menu".


1. subject of the contract

(1) These terms and conditions are valid for all services provided at www.drsam.de in the future and at present according to paragraph 12 until the terms and conditions are changed or supplemented.

(2) The General Terms and Conditions are not the subject of other offers by Dr. SAM.

 

2. authorised users

Persons of full age from the age of 18 are entitled to use the website, but there is no right to use it.


3. your account

(1) An account is required to use the services of Dr. SAM. An account can be created by registration or booking an appointment. This can only be applied for by persons entitled to use the services according to clause 2.

(2) By registering with Dr. SAM, you indicate that you belong to the group of persons entitled to use the services described in Section 2. You undertake not to infringe any 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 in the "patient menu" as soon as possible. Dr. SAM is entitled to demand proof of the accuracy of the information at any time.


4. user agreement

(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. Requirements are described in detail at www.drsam.de.


5. scope of services

(1) The services, which are subject to registration and are made available at www.drsam.de, are only guaranteed within the technical, operational and financial possibilities of Dr. SAM.

(2) There is no claim 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 and software.

(3) Dr. SAM reserves the right to discontinue and change all offers available at www.drsam.de at any time. Dr. SAM shall inform you of this within a reasonable period of time.


6. duties of the user

(1) You are obliged to keep your password to yourself and to keep it protected from access by third parties. You are also obliged to inform Dr. SAM if you become aware that your password is being used by third parties without your consent. Dr. SAM reserves the right to deactivate your access to parts of the website www.drsam.de that require registration if it suspects that your password is being used by a third party. In addition, it is possible to change your password independently in the "patient menu"; for security reasons, this should be done regularly.

(2) You undertake not to commercialize the services offered by Dr. SAM and to use them only in accordance with the guidelines on www.drsam.de.

(3) You are not permitted to send or store data on the servers of Dr. SAM which obstruct or violate the use of the systems of Dr. SAM or other parties.

(4) You are prohibited from making offers to third parties or other users of www.drsam.de. This applies in particular to spam e-mails and other types of advertising or messages that encourage purchase.

(5) To avoid data loss, Dr. SAM recommends that you make a backup copy of your own on your data carrier.


7. online appointment booking

(1) You are not allowed to book dates 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.

8. veterinarians

(1 ) Dr SAM does not act as a veterinarian and does not provide veterinary services himself. This is done exclusively by the veterinarians who make booked appointments.


9. consequences of breaches of duty, right to exemption

(1) If you do not fulfil 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 permitted, provided 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 this. Dr. SAM shall be exempt from all costs and violations caused by you which are a result of a violation of the GTC. Dr. SAM reserves the right to assert further claims.


10. liability

(1) Dr. SAM shall not be liable for negligent violations of the General Terms and Conditions of Business of any kind.

(2) With regard to the prevention of damage and loss of data, reference is made to (6) paragraph 5.


11. termination / termination

(1) You can cancel and terminate the registration by deleting the account by sending an e-mail to Dr. SAM.

(2) Dr. SAM shall also have the right to terminate you without notice for an important reason.

(3) After termination, Dr. SAM reserves the right to block, deactivate and delete the account and the associated contents.

(4) This does not apply in case of termination of membership, see §13

12. product orders

(1) The contract for all orders and product orders, apart from veterinary advice, is concluded with

medpets.de
Onlinepets B.V.
Emmerblok 1
4751 XE Oud Gastel
Netherlands

the so-called product partner. Dr. SAM Germany GmbH is not a contractual partner of these orders, but only mediates the orders of the CUSTOMER to the product partner.

(2) The product enquiries placed or communicated shall constitute a binding offer by the customer to the above-mentioned contractual partner.

(3) All payments by customers for the remuneration of product orders shall be made on the basis of a separate payment service contract between Dr. SAM Germany GmbH, the product partner and the payment service provider.

13. memberships

Memberships allow a user to book as many emergency consultations (initial consultations) with Dr. SAM as required for an annual fee.
The membership is basically animal-bound. Exceptions are explicitly booked extensions/upgrades, which extend membership to several animals. The minimum term of the flat rate is 1 year. Unless otherwise agreed, the term of the contract is automatically extended by a further 12 months if not cancelled in writing 2 months before the end of the contract.
A termination by Dr. SAM is possible at any time in case of abuse of the membership.

Fair-Use

The fair-use rules are intended to ensure in the long term that all members can obtain advice quickly and easily. Dr. SAM would like to provide each member with immediate advice from a veterinarian in the event of a health problem.

A violation of the fair-use rules exists if a member makes excessive use of the offer. To determine such a violation, the use of the offer by the member concerned is compared with comparison groups. The member will be informed if, contrary to expectations, an existing and continuous overuse is determined. A termination will only be made after prior notification of overuse. The possibility to terminate the contract is the last resort to protect the community of members from cost increases.

A violation of the fair-use rules is further deemed to exist if the advice intended with the inquiries obviously does not offer sufficient prospect of success and appears to be deliberate. Willfulness exists if an average member would refrain from making use of emergency advice (initial consultation) after a reasonable assessment of all circumstances.

From the outset, hopeless and hypothetical requests, if repeated, also constitute a violation of the fair use rules.

Any violation of one of the fair use rules constitutes an extraordinary reason for termination. The termination refers only to the membership.
The user can still book individual consultations with Dr. SAM.

Possibly free trial period/right of withdrawal for members expires as soon as a member books and takes the first appointment.


14. change/addition of the terms of use

Dr. SAM has the right to amend the GTC as long as you are not unreasonably disadvantaged, if the GTC contain gaps or disturbances in the relationship between the user and Dr. SAM. This shall also apply if the change is without disadvantages for the user, such as a change in the registration process or by Dr. SAM. You shall be informed of any changes within a reasonable period of time before the new GTCs come into force. You can deactivate or delete your account if the T&C are unacceptable to you. If you continue to use the services of Dr. SAM after the new terms and conditions have come into force, you accept the new terms and conditions. You will also be specifically informed about the legal consequences.


15.final provisions

(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 shall also apply if the user moves his place of residence from Germany to a foreign country after accepting the contract or if the place of residence is not known when legal action is taken.

(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 shall be excluded.

(3) The remaining provisions shall remain unaffected if individual provisions are invalid.

Status: 16.08.2019