DISCLAIMER
The information contained herein is not intended to be a substitute for legal advice and should not be relied upon in isolation. Specific requirements regarding legal terms and policies may vary from state to state and/or jurisdiction to jurisdiction. As set out in our Terms of Use, you are responsible for ensuring that your Services are permitted by and comply with the law that applies to you.

​

To ensure that you are fully compliant with your legal obligations, we strongly recommend that you seek professional advice to better understand what requirements apply to you specifically.

Terms and conditions

Status: 13.01.2025

These terms and conditions

(1) This website (the “Site”) and/or the services, including any associated mobile applications (together: the “Services”) and any other services we offer to our customers in the course of our business (the “Services Offered”), and the booking of such Services Offered (the “Booking”) through the Site, is owned and operated by [insert name and legal form of company] (hereinafter also: “we”, “us” and “our”). These Terms and Conditions (“Terms”) set out the terms and conditions under which visitors or users (collectively, “Users” or “you”) may visit and/or use the Site and/or the Services and make bookings.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or making any bookings. These Terms tell you who we are, how you can make and cancel bookings and what you can do if you have a problem.

(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and make bookings. If you are a minor, you need the permission of your parents or legal guardians to use the services or make bookings.

Booking services offered
(1) You can make bookings to purchase the services offered. Through our Site and/or our Services, we may authorize you to make appointments to use our offered Services. When you make an appointment for one of the services we offer, you agree to be at the specified location at the scheduled time and to pay the price shown using the agreed payment method. If you are unable to keep the agreed appointment, you agree to cancel this appointment at least 24 (twenty-four) hours before the originally agreed time. If you do not cancel an agreed appointment or do not cancel 24 (twenty-four) hours in advance, you will not receive a refund for any payments already made.

(2) We may require payment for a specific service offered. When you make a payment in our offered services, you agree that: (i) you are responsible for reading the full listing and description of the services offered before you make a binding booking for them, and (ii) you are entering into a legally binding contract to book a service offered when you complete the booking process.
(3) You can select the services offered and available appointments you wish to book and collect them in a shopping cart by making the appropriate selection (e.g. type of services offered, quantity (if applicable), date and time of appointment) and clicking the relevant button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct any unintentional pricing errors with effect for the future.

(4) Before you click on the “Book” button, all the services and dates you have selected, including the total price, will be displayed again in a booking summary. You can then recognize and correct any input errors before you place your final binding booking order. By clicking on the “Book with obligation to pay” button, you place a binding order for the booking of the services offered on the selected date. However, the order can only be placed and transmitted once you have accepted these conditions by clicking on the corresponding box and have thus included them in your booking order.
(5) We will then send you an automatic confirmation of receipt for your booking order by e-mail, in which your booking order is listed once again and which you can then print or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet constitute our acceptance of this order.

(6) The legally binding agreement on the booking of the services offered is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process as described above by clicking on the “Book with obligation to pay” button.
(7) The contract can be concluded in [German]. After conclusion of the contract, the terms and conditions of the contract will be stored by us and you will no longer have access to them.
(8) The fees for the services offered are due before the start of the service. In the event that payment for the services offered is to be made offline, you hereby undertake to send payment in full before the scheduled date of the appointment. We reserve the right to refuse to provide the services offered at any time if payment has not been received.

​

Refunds are not subject to cancellation protection
Agreed dates for services offered may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases you will receive a refund.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.

​

Right of withdrawal
(1) If you make a booking for the services offered via the Site or the Services, the following instructions will inform you of your right of withdrawal.

You can cancel this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after the conclusion of the contract.

To exercise your right of withdrawal, you must contact us at

[Please state the name and address of the company],
Telephone number: [Please specify telephone number],
Fax number: [Please specify fax number],
e-mail address: [specify e-mail address]

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can (but do not have to) use the attached withdrawal form.

​

You can also complete and submit the withdrawal form or another unambiguous declaration on our website electronically [please insert link to electronic withdrawal form]. If you make use of this option, we will - without undue delay - send you a confirmation of receipt of this revocation via a permanent medium (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send your notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of withdrawal
If you withdraw from this contract, we will refund all payments already received from you without undue delay and in any event not later than 14 days after receipt of notification of your withdrawal. We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund.

If the requested commencement of performance is within the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided (in relation to the total scope of the services provided for in the agreement) at the time you informed us of the exercise of the right of withdrawal in relation to this agreement.

​

Expiry of the withdrawal period
(1) The right of withdrawal expires in the case of contracts for the provision of services (e.g. training or coaching services) if we have provided the contractually agreed services in full and have only started to provide the services after you have expressly agreed to this and at the same time confirmed that you are aware that your right of withdrawal expires as soon as we have provided our services in full.
(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not mandatory.

Withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
- To ([name and address of company]), telephone number: [please specify telephone number], fax number: [please specify fax number], e-mail address: [specify e-mail address], Fax number: [specify fax number], E-mail address: [Please specify e-mail address].
- I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following services

- Ordered on (*)/received on (*)

- Name of the customer(s)

- Address of the customer(s)

- Signature of the customer(s) (only if this form is sent in paper form)

- Date(s)
_______________
(*) Delete as appropriate.

​

Warranty for services offered
In accordance with the statutory warranty provisions, we are liable for quality defects in the services we offer if the services offered are work services under German law.

​​

Permitted use
(1) Our Services are provided to you for informational purposes and for personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (vii) use robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.

​

Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: “our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Services you have booked require or include the use of digital content, such as music or video, the rights are granted to you as set out in relation to such bookings on the Site.

​

Disclaimer of warranties for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. This does not affect the warranty for any Services you have ordered from us as set out in the “Warranty for Services Provided” section above.

​

Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.

​

Limitation of liability
(1) We are only liable in the event of intent, gross negligence, negligent injury to life, limb or health or in the event of a slightly negligent breach of a material contractual obligation, and only in the case of chargeable services or services offered. An “essential contractual obligation” means an obligation whose fulfillment is a basic requirement for the proper implementation of the agreement and on which you normally rely and on which you can reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.

​

Changes to the Terms and Services; Termination
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly and in any event during the booking process when you complete a booking. The new Terms will apply to any new order you place after the date the new Terms come into effect. If any ongoing services you use are affected by the changes to the Terms, we will do so taking into account your legitimate interests as appropriate. We will give you reasonable advance notice of such changes. The changes will be deemed to have been accepted by you if you do not object to those changes within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into effect.

We may change the Services, stop providing the Services or one or more features of the Services offered, or limit the Services. We may terminate or suspend access to the Services themselves permanently or temporarily - without giving reasons and without further obligation. We will notify you of this in advance, if possible under the circumstances, and we will take your legitimate interests into account appropriately in taking such measures.

​

Links to Third Party Websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third party sites are provided for information purposes only. The fact that we have included links to other sites does not imply our endorsement of their owners or their content.

Applicable Law
(1) These Terms shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).

(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to resolve disputes with consumers before alternative dispute resolution bodies.

MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms are for convenience only and shall have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is held to be illegal or unenforceable for any reason, it is agreed that that part of the Terms shall be struck and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms, or all or part of your contractual rights or obligations, without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the booking of any Services offered.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including without limitation provisions relating to indemnification, release, disclaimers, limitations of liability and this Miscellaneous section.

Contact
To contact us, please email:
Name: Jan Hochgürtel & Tim Neumann
Address: Zülpicher Straße 24, 50674 Köln
Email: info@mentalgrind.de