1. scope of application

These General Terms and Conditions (GTC) apply to all business relationships between Darksn GmbH, Teinacher Str. 46, 71634 Ludwigsburg (hereinafter "we", "us" or "our company"), which operates under the Vitalhane brand, and our customers in the version current at the time the contract is concluded.

2. conclusion of contract

By booking one of our service packages on the Vitalhane platform, you are submitting a binding offer to us to conclude a contract with you. The contract is only concluded when we send you a declaration of acceptance by email or via the chat platform used.

3. prices and terms of payment

All prices are final prices and include statutory VAT. Payment is made on an invoice basis. After consultation, we will send you an invoice by e-mail. This invoice must be paid within 14 days. Once payment has been received, we will begin to provide the agreed services. There will be no automatic debit from your account or through another platform.

4. provision of the service

The service is provided via the chat platform you have selected (e.g. WhatsApp). The services begin after receipt of payment and after an appointment has been made via the chat platform. If the service cannot be provided for reasons for which we are not responsible, we will inform you immediately and offer an alternative solution or a refund of payments already made.

5. right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The revocation period is 14 days from the date of conclusion of the contract. The revocation must be made in writing, verbal revocations are not valid.

6 Warranty and liability

• 6.1. The statutory warranty rights apply.
• 6.2. We completely exclude our liability for slightly negligent breaches of duty, insofar as this is legally permissible. This applies in particular to breaches of duty that do not relate to material contractual obligations or damages resulting from injury to life, limb or health. The same applies to breaches of duty by our vicarious agents and our legal representatives.
• 6.3. We are not liable for the improper or improper use of our consulting services. The use of our services is at the customer's own risk.
• 6.4. We are not liable for any damage to health or restrictions, either physical or psychological, that arise from the use of our products or services.
• 6.5. We act as an intermediary and are not liable for the consequential effects of the counseling services provided by our dietitians through the platform. We do not have full transparency of every message sent by the dietitians working globally through our platform.
• 6.6. By agreeing to these GTC, you accept that our dietitians work worldwide and may use communication tools such as translation services. The use of such tools may result in data being transmitted to third-party providers. We are not liable for the resulting consequences.
• 6.7. We are not liable for any loss of data or damage caused by the use of communication channels such as WhatsApp, Facebook, Twitter, YouTube, Instagram or other social media. Information exchanged via these channels may be stored and processed there, and we have no control over this.
• 6.8. We are not liable for the transfer of data to third countries for support or data processing. The use of our services may involve such a transfer and we accept no liability for this.

7. use of WhatsApp and other communication channels

• 7.1. By confirming the GTC and booking a package, you agree to the use of WhatsApp for permanent communication. Your data will remain in the WhatsApp chat.
• 7.2. We are not liable for any loss of data resulting from the use of WhatsApp. You agree to use WhatsApp for communication and to provide us with your personal data and localization data for the purposes of nutritional counseling.
• 7.3. The data will be used exclusively for the purpose of providing nutritional advice.
• 7.4. Communication may also take place via other channels such as Facebook, Twitter, YouTube, Instagram and similar platforms. We are not liable for any loss of data or damage resulting from the use of these platforms.

8. data protection

For information on data protection, please refer to our [Privacy Policy]. Your data will be processed and used in accordance with the statutory data protection regulations.

9. making contact

You can contact us directly by e-mail or via the platform at any time:

• E-Mail: info@darksn.de

10. final provisions

Should any provision of these GTC be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

The contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

By confirming the GTC and booking a package, you agree to these terms and conditions unless you object in writing.

Status: 28.07.2024

Contact information:
Darksn GmbH
Teinacher Str. 46
71634 Ludwigsburg
info@vitalhane.de
info@darksn.de