General terms and conditions
For online bookings (B2B/B2C)
General terms and conditions (B2B)
Download withdrawal form (PDF)
General terms and conditions for online bookings (B2B/B2C)
1 Scope
These general terms and conditions (in short: terms and conditions) apply to the online booking of our seminars (in-person seminars and online seminars) in the field of continuing and further medical education and to all further services and deliveries connected with them.
The version of the terms and conditions valid at the time the contract is concluded is authoritative.
Deviating general terms and conditions of a customer who is an entrepreneur are not recognised unless we expressly agree to their validity in writing. The contract is concluded with
Medemie GmbH
Uerdinger Straße 104
40474 Düsseldorf
Email: info@medemie.de
Website: www.medemie.de
Managing Director:
Dr. Ancuta Hutuleac
as the organiser of the seminars.
Our contractual partner is the customer who either books an in-person or online seminar online for themselves personally or books an in-person or online seminar online for several participants to be named by the customer.
The customer is a consumer insofar as the purpose of the booking made cannot predominantly be attributed to their commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in the exercise of its commercial or self-employed professional activity.
2 Offer / conclusion of contract
The presentation and advertising of our seminars, training sessions, lectures and workshops in our online shop does not constitute a binding offer to conclude a contract.
By submitting their booking via the online shop by clicking the button “book with obligation to pay”, the customer makes a legally binding booking offer; any right the customer may have under section 3 to withdraw from the booking remains unaffected by this. Before submitting the booking, the customer can change and view the data at any time. However, the offer can only be made and transmitted if the customer has accepted these contractual terms by clicking the button “accept terms and conditions” and has thereby included them in their offer.
We will confirm receipt of your booking made via our online shop by email without undue delay. Such a confirmation email does not yet constitute binding acceptance of your booking unless, in addition to confirming receipt, it also declares acceptance. The automatic confirmation of receipt therefore merely documents that we have received your booking and does not yet constitute acceptance of the offer.
When the contract is concluded depends on the type of service booked:
a) In the case of online courses, video-based courses, webinars and other digital content that is activated for you immediately after payment, we accept your booking offer by activating your access to the content booked. In this case, the contract is concluded upon activation. Activation generally takes place immediately after the payment process has been successfully completed. In addition, you will receive a confirmation by email.
b) In the case of in-person events, workshops and other services that are not activated immediately, the contract is only concluded when we accept your booking by email by means of a separate declaration of acceptance (order confirmation).
In both cases, we will send you the text of the contract (consisting of the order, the terms and conditions and the order confirmation) on a durable medium (email or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection requirements. The contract is concluded in German.
If it is not possible to hold the seminars, training sessions, lectures and workshops, if the seminar booked is already fully booked or if the minimum number of participants is not reached, we will refrain from declaring acceptance. In this case, no contract is concluded. We will inform you of this without undue delay and will refund without undue delay any consideration already received.
3 Right of withdrawal
If you are a consumer (i.e. a natural person who makes the booking for a purpose that cannot be attributed to either their commercial or their self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
In all other respects, the right of withdrawal is governed by the provisions set out in detail in the following information on the right of withdrawal:
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the contract was concluded. This is the day on which we accepted your booking.
To exercise your right of withdrawal, you must inform us
Medemie GmbH
Uerdinger Straße 104
40474 Düsseldorf
Email: info@medemie.de
Managing Director:
Dr. Ancuta Hutuleac
by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form inserted under section 3 no. 3 for this purpose, but its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification that you are exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your having chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees because of this reimbursement.
If you have requested that the service should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us that you are exercising the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract (compensation for value under section 357a(2) of the German Civil Code (BGB)). This applies in particular to live webinars, workshops and in-person events that have, at your express request, already begun before the withdrawal period has expired.
Special notes
Premature expiry of the right of withdrawal for digital content
In the case of contracts for the supply of digital content that is not delivered on a physical data carrier – in particular our online courses, video-based courses and recordings – your right of withdrawal expires under section 356(5) of the German Civil Code (BGB) if we have begun performing the contract after you
1. have expressly consented to our beginning performance of the contract before the withdrawal period has expired, and
2. have confirmed your knowledge that, by giving your consent, you lose your right of withdrawal when performance of the contract begins,
and we have provided you with a confirmation of the contract in accordance with section 312f of the German Civil Code (BGB). We obtain this consent and this confirmation of knowledge from you separately during the ordering process.
Premature expiry of the right of withdrawal for services
In the case of contracts for services – in particular live webinars, workshops and in-person events – your right of withdrawal expires if we have provided the service in full and only began performing it after you had given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal once we have performed the contract in full.
Electronic withdrawal function
You can additionally declare your withdrawal via the electronic withdrawal function that we provide in accordance with section 356a of the German Civil Code (BGB). You can reach it at any time and without logging in at www.medemie.de/widerruf. There you enter your name, the order or invoice number and your email address and then submit the declaration via the button “Confirm withdrawal”. Stating a reason is voluntary. After submission, we will confirm receipt of your withdrawal without undue delay on a durable medium, stating the content of your declaration and the date and time of receipt.
- End of the information on the right of withdrawal -
In accordance with the statutory provisions, we inform you about the model withdrawal form as follows:
Model withdrawal form
(If you wish to withdraw from the contract, please complete this form
and send it back to us.)
To
Medemie GmbH
Uerdinger Straße 104
40474 Düsseldorf
Email: info@medemie.de
I/we (*) hereby withdraw from the contract concluded by me/us (*)
for the provision of the following service:
_____________________________________
(enter seminar title / seminar number here)
_____________________________________
(Your first name and surname)
_____________________________________
(Your address)
_____________________________________
(Your signature - only if this form is submitted on paper)
_____________________________________
(Date)
(*) Please delete as appropriate
4 Liability
As organiser, we are liable for ourselves, our vicarious agents and employees – irrespective of the legal grounds – for damage for which we are responsible arising from injury to life, body or health, and for other damage only in the case of intent and gross negligence.
Liability for the culpable breach of material contractual obligations remains unaffected by this. However, the claim for damages for the culpable breach of material contractual obligations, for default by the debtor or for impossibility for which the organiser is responsible is limited to the foreseeable damage typical of the contract.
Claims for damages on account of impossibility and default are limited to the amount of the contract value.
Our liability is excluded for treatments that the customer and/or their participants carry out during the event, on the basis of the knowledge acquired during the event, on test patients brought along specifically by the customer and/or their participants; the customer and/or their participants alone are liable for any resulting claims for damages or compensation for pain and suffering on the part of the test patients brought along.
Our liability is also excluded for treatments that the customer and/or their participants carry out on third parties subsequently (i.e. after the end of the event) on the basis of the knowledge acquired during the event; the customer and their participants alone are liable for any resulting claims for damages or compensation for pain and suffering.
We merely provide medical and scientific information. The content and information provided are academic in nature and serve information and learning purposes only. They are intended for medical students, physicians and other persons working in the health care sector. We do not claim that the content and information made available are correct and complete.
We do not provide diagnoses, nor do we give advice or recommendations regarding the treatment of specific clinical conditions. The information given for information and learning purposes is not suitable for use in the treatment of cases of illness existing outside the event, nor does it replace a visit to a doctor. Physicians and other persons working in the health care sector are solely responsible for the application and evaluation of the medical and scientific information made available and for compliance with all legal provisions and standards relevant to the practice of their profession.
We give no warranty and accept no liability for information on application, procedure, dosage form and dosage. In medical matters, in particular the choice of medicines and other medical treatments, patients should always consult a doctor or, in urgent cases, seek immediate help from, for example, emergency medical services. Unless explicitly described otherwise, the treatment recommendations and dosages stated refer to adults.
All medical and scientific information has been researched and compiled beforehand by medical professionals. However, it is no substitute for personal and professional advice and treatment by professionals trained in accordance with the generally accepted rules.
5 Services, prices, set-off
The customer is obliged to pay the prices agreed for the services ordered and for further services used. This also applies to services and expenses of the organiser to third parties that were arranged for the customer.
The agreed prices include the statutory VAT applicable at the time the contract is concluded. If this changes after the contract has been concluded, the prices will be adjusted accordingly insofar as the customer is an entrepreneur.
Price changes caused by changes to the contractual product or by changes to the requirements for the contractual product and its provision will be negotiated and determined following a joint cost analysis, insofar as the customer is an entrepreneur.
The customer has rights of set-off or retention only insofar as their claim has been established with final and binding effect or is undisputed.
In the case of an online event, the term of use of the activated access is governed by the agreement made between the parties. The term begins when the access accounts are activated and ends with the term of use agreed between the parties. The access authorisation and the right to use the respective paid service also end at that point.
If it becomes apparent after the contract has been concluded (e.g. through an application to open insolvency proceedings) that the claim to the purchase price is jeopardised by the customer's inability to perform, the organiser is entitled under the statutory provisions to refuse performance and – where applicable after setting a deadline – to rescind the contract.
6 Payment terms for online bookings
When booking online, the customer may choose either to transfer the payment to our account stated on the invoice or to pay by direct debit, EC/Maestro card or credit card, Paypal or Stripe. We reserve the right to make certain payment methods subject to a credit check or a maximum order quantity, or to change them or no longer offer them.
The agreed purchase price is due and must be paid at the latest within 14 days of receipt of the declaration of acceptance sent to the customer in accordance with section 2 no. 4. Where a direct debit authorisation has been granted or payment is made by EC/Maestro card or credit card, we will arrange for your account to be debited at this time at the earliest.
The customer's obligation to pay default interest does not preclude the assertion of further damage caused by default.
If the customer, as our contractual partner, books a seminar event for several participants still to be named by the customer, the following payment terms apply to the customer:
4.1. The agreed purchase price is due and must be paid within 14 days of the customer's receipt of the invoice.
4.2. An advance payment agreed with the customer must be paid without deduction within 14 days of the customer's receipt of the order confirmation, as only in this way can the necessary reservations that have to be commissioned be made. The remaining amount is payable without deduction at the latest within 14 days before the start of the event or (where an online seminar has been booked) within 14 days before the agreed date on which access to the online seminar is activated.
4.3. If there are fewer than 14 days between the placing of the order and the date of the event or the agreed date on which access to the online seminar is activated, the entire invoice amount is due immediately in full.
4.4. On expiry of the above payment periods, the customer is in default. In the event of default in payment, the organiser is entitled to demand the applicable statutory default interest above the respective base interest rate. The organiser reserves the right to prove greater damage.
The customer has rights of set-off or retention only insofar as their claim has been established with final and binding effect or is undisputed.
In the case of an online event, the term of use of the activated access is governed by the agreement made between the parties. The term begins when the access accounts are activated and ends with the term of use agreed between the parties. The access authorisation and the right to use the respective paid service also end at that point.
If it becomes apparent after the contract has been concluded (e.g. through an application to open insolvency proceedings) that the claim to the purchase price is jeopardised by the customer's inability to perform, the organiser is entitled under the statutory provisions to refuse performance and – where applicable after setting a deadline – to rescind the contract.
7 Rescission by the organiser / termination
Serious events, such as in particular force majeure (e.g. the COVID-19 pandemic), official measures (e.g. in connection with the COVID-19 pandemic), industrial disputes, civil unrest, armed or terrorist conflicts and other unforeseeable, unavoidable and serious events that entail unforeseeable consequences for the performance of the services, release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect, even if they should be in default. This does not entail automatic dissolution of the contract. The contracting parties are obliged to notify each other of such an impediment and to adapt their obligations to the changed circumstances in good faith.
If adaptation of the contract is not possible or cannot reasonably be expected of one party, the disadvantaged party may rescind the contract. In the case of continuing obligations, the right of rescission is replaced by the right of termination.
The organiser is entitled to rescind the contract for good cause if circumstances for which the organiser is not responsible make performance of the contract impossible, or if events are booked by the customer on the basis of misleading or false statements or the concealment of material facts; the identity of the customer and/or their event participants, their ability to pay or the purpose of the event may be material in this respect; or if the organiser has reasonable grounds to assume that holding the event may jeopardise the smooth running of the organiser's business, its security or its reputation.
Justified rescission by the organiser does not give rise to any claim by the customer for damages or for reimbursement of the purchase price already paid.
The right of both parties to extraordinary termination for good cause remains unaffected. Such cause exists in particular if a contracting party intentionally breaches material obligations under this contract and thereby significantly infringes the interests and legally protected rights of the other party.
Extraordinary termination is possible without notice. Termination may only be declared in text form (e.g. by email, fax or letter).
In the event of extraordinary termination, the customer has no claim for damages or for reimbursement of the purchase price already paid.
8 Contract adjustments
Should necessary changes to organisation or content arise, the organiser is entitled to adjust the content of the contract accordingly, provided that this adjustment does not substantially alter the overall character of the event.
We reserve the right to change the programme, in particular to replace speakers and seminar leaders with equivalently qualified speakers and/or seminar leaders or – in the case of in-person seminars – to change the venue. The customer has no entitlement to the selection of a particular speaker/seminar leader.
The event as a whole or individual course days may be postponed or cancelled by the organiser for good cause. Good cause exists in particular if a speaker/seminar leader is unavailable or ill, if the venue is closed, if the number of event participants is too low, in the event of official prohibitions and in the event of force majeure within the meaning of section 7. The customer will be informed of this in advance in text form (e.g. by email, fax or letter) within a reasonable period.
If the speaker/seminar leader falls ill, the organiser has the right to cancel or postpone the event as a whole or individual course days if there is no possibility of arranging a replacement in good time.
If the customer or individual event participants of the customer miss the entire seminar or individual days, there is no entitlement to a replacement for the dates missed or to payment of damages.
For its online events, the organiser also expressly reserves the right to change, adapt or supplement the content of parts of the event or of the entire event without prior notice.
In the cases of numbers 1 to 6, the customer has no further claims against the organiser, in particular no claim for payment of damages against the organiser.
9 Special technical requirements for online events
To use the organiser's content and services, it may (in some cases) be necessary to use certain technical systems of the organiser and of third-party providers, such as platforms, end devices, software programs, transmission channels, telecommunications and other services. Creating the technical requirements for using the online access on site at the users and customers participating in the event, i.e. the event participants, is solely the responsibility of the respective user.
The organiser is obliged to keep the agreed access available and make it accessible for use via the internet. The customer acknowledges that the service may be temporarily unavailable. This may be due to force majeure, technical circumstances or temporary disruptions on the part of the customer or the third-party providers. Any liability of the organiser for this is excluded.
The organiser is also entitled to interrupt the service temporarily or to discontinue it completely (e.g. for maintenance work or for other justifiable and necessary reasons).
The purchase of access rights for the online events covers use by exactly the agreed number of access uses. Making the access content available to additional users beyond the agreed number, e.g. by passing on access data such as access codes and passwords to third parties, is not permitted. The access account may therefore not be transferred to third parties. The customer is obliged to keep their password secret and to secure access to their access account.
The customer is responsible for all actions carried out via their user account. In addition, the customer is obliged to inform the organiser without undue delay if they become aware of any unauthorised use of their access.
10 Rescission by the customer for in-person and online events (cancellation)
Rescission by the customer, free of charge, of the contract concluded with the organiser requires the organiser's written consent. If this is not given, the full price agreed under the contract must be paid even if the customer and their event participants do not make use of the contractual services.
The following cancellation scale applies exclusively to services tied to a date, i.e. to in-person events, workshops and live webinars with a fixed event date.
By way of derogation from this, the organiser grants the following cancellation options in the customer's favour:
a) up to 30 days before the event date, 35% can be cancelled free of charge (65% of the services booked must be paid for)
b) up to 14 days before the event date, 20% can be cancelled free of charge (80% of the services booked must be paid for)
c) up to 2 days before the event date, 0% can be cancelled free of charge (100% of the services booked must be paid for)
d) on the day of the event, 0% can be cancelled free of charge (100% of the services booked must be paid for)
If only individual services under an order, such as speakers or the procurement of materials, are cancelled, an expense allowance in the amount of the basic fee plus statutory VAT will be charged in every case.
Cancellation of on-demand courses and other digital content
For online courses, video-based courses, recordings and other digital content made available to the customer for retrieval at any time, there is no event date; the above cancellation scale does not apply to them. The following applies to these services:
a) As long as access to the content has not yet been activated, the customer may cancel the booking free of charge.
b) Once access has been activated, cancellation is excluded, as the service has been provided in full upon activation. Any right of withdrawal of the consumer under section 3 and its expiry under section 356(5) of the German Civil Code (BGB) remain unaffected by this.
c) In individual cases, the organiser may grant a cancellation or credit as a gesture of goodwill; there is no entitlement to this.
In all cases, the customer is free to prove that the organiser has incurred no damage at all or damage substantially lower than the flat-rate amount.
11 Community membership (continuing obligation)
The MEDEMIE Community membership is a continuing obligation. For the duration of the membership, it entitles the customer to use the services described in the package booked.
Term: The membership begins when access is activated and is concluded for an indefinite period with a billing period of one month, unless a different term is shown in the booking process.
Renewal: The membership is renewed automatically by one further billing period at a time unless it is terminated in due time. The fee valid at the time is due in advance at the beginning of each billing period.
Termination: The customer may terminate the membership at any time with effect from the end of the current billing period. Termination requires text form (e.g. by email to info@medemie.de) or may be declared via the termination function provided on our website in accordance with section 312k of the German Civil Code (BGB). The organiser may terminate the membership with one month's notice with effect from the end of the current billing period. The right of both parties to extraordinary termination for good cause under section 7 remains unaffected.
Consequences of termination: When the termination takes effect, access to the services tied to the membership ends. Online courses already started that were activated for the customer as part of the membership remain accessible until the end of the term paid for. Fees already paid for the current billing period are not refunded pro rata unless the termination is based on good cause for which the organiser is responsible.
Price changes: The organiser is entitled to adjust the fees for the membership with effect from the beginning of a new billing period, giving six weeks' notice. The customer will be informed of this in text form and may terminate the membership until the change takes effect. If the customer does not terminate, the change is deemed to have been accepted; this will be pointed out separately in the notice.
Any right of withdrawal of the consumer under section 3 remains unaffected.
12 Data protection
The organiser is entitled to collect and store personal data of the customer and of the customer's event participants by automated means, and to process them in an automated file, within the scope of the order placed and for the purpose of handling the contract and the event. If the customer would like further information, or wishes to retrieve or revoke any consent they have expressly given to the use of their inventory data, or to object to the use of their usage data, our support team is additionally available at the email address info@medemie.de. In addition, the privacy policy posted and available on our website applies.
Data processing is carried out on the basis of the following provisions of the EU General Data Protection Regulation (GDPR):
- Art. 6(1), first subparagraph, point (b) GDPR for the performance of the order placed,
- Art. 6(1), first subparagraph, point (c) GDPR for compliance with statutory obligations,
- Art. 6(1), first subparagraph, point (f) GDPR, insofar as the data processing is necessary to safeguard legitimate interests of the organiser or of a third party,
- Art. 6(1), first subparagraph, point (a) GDPR, insofar as the customer has given consent to the processing of personal data concerning them for specific purposes.
13 Choice of law and place of jurisdiction
These terms and conditions and the contractual relationship between the organiser and the customer are governed by the law of the Federal Republic of Germany, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
The place of performance and payment is the organiser's registered office.
If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising directly or indirectly from the contractual relationship is our place of business in Düsseldorf. The same applies if the customer is an entrepreneur within the meaning of section 14 of the German Civil Code (BGB). However, in all cases we are also entitled to bring an action at the place of performance of the obligation under these terms and conditions or under an overriding individual agreement, or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular those on exclusive jurisdiction, remain unaffected.
14 Final provisions
Amendments or additions to the contract or to these terms and conditions should be made in writing. Unilateral amendments or additions by the customer are invalid.
Should individual provisions of these terms and conditions be invalid or void, this does not affect the validity of the remaining provisions. If a provision is invalid, this contractual relationship will be based on a provision that comes closest to the economic purpose of the original provision. The above provision applies accordingly to any gaps. In all other respects, the statutory provisions apply.
Version: August 2026
1 Scope
These general terms and conditions (in short: terms and conditions) apply to the holding of our in-person and online events/video-based courses in the field of continuing and further medical education and to all further services and deliveries connected with them. If the contractually agreed seminars, training sessions, lectures and workshops to be provided are provided online, i.e. as online seminars, the terms of use for our online seminars posted on our website apply in addition to these terms and conditions.
The organiser and contractual partner for all events (seminars, training sessions, lectures and workshops) is Medemie GmbH (hereinafter referred to as the organiser).
The organiser's customer is the party placing the order; event participants are the participants in the seminars, training sessions, lectures and workshops selected and named by the customer.
These terms and conditions apply if the customer is an entrepreneur (section 14 of the German Civil Code (BGB)), a legal entity under public law or a special fund under public law.
Our terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.
2 Offer / conclusion of contract
Our first offer is subject to change, free of charge and non-binding. Subsequent offers are likewise subject to change and non-binding. For these subsequent, further offers, costs may be charged according to the work involved.
Price changes caused by changes to the contractual product or by changes to the requirements for the contractual product will be negotiated and determined following a joint cost analysis.
The contract is concluded as soon as the customer has accepted the organiser's offer. Acceptance may be given either in writing (e.g. by order confirmation) or orally.
As contractual partner, the customer is liable for all services commissioned and must bear the costs for them, irrespective of whether the customer has agreed self-payer arrangements internally with their event participants.
Where billing arrangements have been agreed with the customer under which partial services are to be paid for by the customer's event participants themselves, so-called self-payer agreements, the customer is jointly and severally liable together with their event participants for any self-payer services agreed.
3 Liability
The organiser is liable for itself, its vicarious agents and employees – irrespective of the legal grounds – for damage for which it is responsible arising from injury to life, body or health, and for other damage only in the case of intent and gross negligence.
Liability for the culpable breach of material contractual obligations remains unaffected by this. However, the claim for damages for the culpable breach of material contractual obligations, for default by the debtor or for impossibility for which the organiser is responsible is limited to the foreseeable damage typical of the contract.
Claims for damages on account of impossibility and default are limited to the amount of the contract value.
The organiser's liability is excluded for treatments that the customer and/or their event participants carry out during the event, on the basis of the knowledge acquired during the event, on test patients brought along specifically by the customer and/or their event participants; the customer and/or their event participants alone are liable for any resulting claims for damages or compensation for pain and suffering on the part of the test patients brought along.
The organiser's liability is also excluded for treatments that the customer and/or their event participants carry out on third parties subsequently (i.e. after the end of the event) on the basis of the knowledge acquired during the event; the customer and their event participants alone are liable for any resulting claims for damages or compensation for pain and suffering.
The organiser merely provides medical and scientific information. The content and information provided are academic in nature and serve information and learning purposes only. They are intended for medical students, physicians and other persons working in the health care sector. The organiser does not claim that the content and information made available are correct and complete.
The organiser does not provide diagnoses, nor does it give advice or recommendations regarding the treatment of specific clinical conditions. The information given for information and learning purposes is not suitable for use in the treatment of cases of illness existing outside the event, nor does it replace a visit to a doctor. Physicians and other persons working in the health care sector are solely responsible for the application and evaluation of the medical and scientific information made available and for compliance with all legal provisions and standards relevant to the practice of their profession.
The organiser gives no warranty and accepts no liability for information on application, procedure, dosage form and dosage. In medical matters, in particular the choice of medicines and other medical treatments, patients should always consult a doctor or, in urgent cases, seek immediate help from, for example, emergency medical services. Unless explicitly described otherwise, the treatment recommendations and dosages stated refer to adults.
All of the organiser's medical and scientific information has been researched and compiled beforehand by medical professionals. However, it is no substitute for personal and professional advice and treatment by professionals trained in accordance with the generally accepted rules.
4 Services, prices, payment, set-off
The customer is obliged to pay the prices agreed for the services ordered and for further services used. This also applies to services and expenses of the organiser to third parties that were arranged for the customer.
The agreed prices include the statutory VAT applicable at the time the contract is concluded. If this changes after the contract has been concluded, the prices will be adjusted accordingly.
Price changes caused by changes to the contractual product or by changes to the requirements for the contractual product and its provision will be negotiated and determined following a joint cost analysis.
The agreed purchase price is due and must be paid within 14 days of the customer's receipt of the invoice.
An advance payment agreed with the customer must be paid without deduction within 14 days of the customer's receipt of the order confirmation, as only in this way can the necessary reservations that have to be commissioned be made. The remaining amount is payable without deduction at the latest within 14 days before the start of the event or (where an online seminar has been booked) within 14 days before the agreed date on which access to the online seminar is activated.
If there are fewer than 14 days between the placing of the order and the date of the event or the agreed date on which access to the online seminar is activated, the entire invoice amount is due immediately in full.
On expiry of the above payment periods, the customer is in default. In the event of default in payment, the organiser is entitled to demand the applicable statutory default interest, currently 8 percentage points above the respective base interest rate. The organiser reserves the right to prove greater damage.
The customer has rights of set-off or retention only insofar as their claim has been established with final and binding effect or is undisputed.
In the case of an online event, the term of use of the activated access is governed by the agreement made between the parties. The term begins when the access accounts are activated and ends with the term of use agreed between the parties. The access authorisation and the right to use the respective paid service also end at that point.
If it becomes apparent after the contract has been concluded (e.g. through an application to open insolvency proceedings) that the claim to the purchase price is jeopardised by the customer's inability to perform, the organiser is entitled under the statutory provisions to refuse performance and – where applicable after setting a deadline – to rescind the contract.
5 Rescission by the organiser / termination
Serious events, such as in particular force majeure (e.g. the COVID-19 pandemic), official measures (e.g. in connection with the COVID-19 pandemic), industrial disputes, civil unrest, armed or terrorist conflicts and other unforeseeable, unavoidable and serious events that entail unforeseeable consequences for the performance of the services, release the contracting parties from their performance obligations for the duration of the disruption and to the extent of its effect, even if they should be in default. This does not entail automatic dissolution of the contract. The contracting parties are obliged to notify each other of such an impediment and to adapt their obligations to the changed circumstances in good faith.
If adaptation of the contract is not possible or cannot reasonably be expected of one party, the disadvantaged party may rescind the contract. In the case of continuing obligations, the right of rescission is replaced by the right of termination.
The organiser is entitled to rescind the contract for good cause if circumstances for which the organiser is not responsible make performance of the contract impossible, or if events are booked by the customer on the basis of misleading or false statements or the concealment of material facts; the identity of the customer and/or their event participants, their ability to pay or the purpose of the event may be material in this respect; or if the organiser has reasonable grounds to assume that holding the event may jeopardise the smooth running of the organiser's business, its security or its reputation.
Justified rescission by the organiser does not give rise to any claim by the customer for damages or for reimbursement of the purchase price already paid.
The right of both parties to extraordinary termination for good cause remains unaffected. Such cause exists in particular if a contracting party intentionally breaches material obligations under this contract and thereby significantly infringes the interests and legally protected rights of the other party.
Extraordinary termination is possible without notice. Termination may only be declared in text form (e.g. by email, fax or letter).
In the event of extraordinary termination, the customer has no claim for damages or for reimbursement of the purchase price already paid.
6 Contract adjustments
Should necessary changes to organisation or content arise, the organiser is entitled to adjust the content of the contract accordingly, provided that this adjustment does not substantially alter the overall character of the event.
We reserve the right to change the programme, in particular to replace speakers and seminar leaders with equivalently qualified speakers and/or seminar leaders or to change the venue. The customer has no entitlement to the selection of a particular speaker/seminar leader.
The event as a whole or individual course days may be postponed or cancelled by the organiser for good cause. Good cause exists in particular if a speaker/seminar leader is unavailable or ill, if the venue is closed, if the number of event participants is too low, in the event of official prohibitions and in the event of force majeure within the meaning of section 5. The customer will be informed of this in advance in text form (e.g. by email, fax or letter) within a reasonable period.
If the speaker/seminar leader falls ill, the organiser has the right to cancel or postpone the event as a whole or individual course days if there is no possibility of arranging a replacement in good time.
If the customer or individual event participants of the customer miss the entire seminar or individual days, there is no entitlement to a replacement for the dates missed or to payment of damages.
For its online events, the organiser also expressly reserves the right to change, adapt or supplement the content of parts of the event or of the entire event without prior notice.
In the cases of numbers 1 to 6, the customer has no further claims against the organiser, in particular no claim for payment of damages against the organiser.
7 Special technical requirements for online events / applicability of the terms of use
To use the organiser's content and services, it may (in some cases) be necessary to use certain technical systems of the organiser and of third-party providers, such as platforms, end devices, software programs, transmission channels, telecommunications and other services. Creating the technical requirements for using the online access on site at the users participating in the event, i.e. the event participants, is solely the responsibility of the respective user.
The organiser is obliged to keep the agreed access available and make it accessible for use via the internet. The customer acknowledges that the service may be temporarily unavailable. This may be due to force majeure, technical circumstances or temporary disruptions on the part of the customer or the third-party providers. Any liability of the organiser for this is excluded.
The organiser is also entitled to interrupt the service temporarily or to discontinue it completely (e.g. for maintenance work or for other justifiable and necessary reasons).
The purchase of access rights for the online events covers use by exactly the agreed number of access uses. Making the access content available to additional users beyond the agreed number, e.g. by passing on access data such as access codes and passwords to third parties, is not permitted. The access account may therefore not be transferred to third parties. The event participants are obliged to keep their password secret and to secure access to their access account.
The user is responsible for all actions carried out via their user account. In addition, the user is obliged to inform the organiser without undue delay if they become aware of any unauthorised use of their access.
The customer is obliged to draw the attention of their event participants who use the access
to the applicability of the terms of use posted on the organiser's website in addition to these terms and conditions.
Rescission by the customer, free of charge, of the contract concluded with the organiser requires the organiser's written consent. If this is not given, the full price agreed under the contract must be paid even if the customer and their event participants do not make use of the contractual services.
By way of derogation from this, the organiser grants the following cancellation options in the customer's favour:
a) up to 30 days before the event date, 35% can be cancelled free of charge (65% of the services booked must be paid for)
b) up to 14 days before the event date, 20% can be cancelled free of charge (80% of the services booked must be paid for)
c) up to 2 days before the event date, 0% can be cancelled free of charge (100% of the services booked must be paid for)
d) on the day of the event, 0% can be cancelled free of charge (100% of the services booked must be paid for)
If only individual services under an order, such as speakers or the procurement of materials, are cancelled, an expense allowance in the amount of the basic fee plus statutory VAT will be charged in every case.
In all cases, the customer is free to prove that the organiser has incurred no damage at all or damage substantially lower than the flat-rate amount.
9 Data protection
The organiser is entitled to collect and store personal data of the customer and of the customer's event participants by automated means, and to process them in an automated file, within the scope of the order placed and for the purpose of handling the contract and the event. If the customer would like further information, or wishes to retrieve or revoke any consent they have expressly given to the use of their inventory data, or to object to the use of their usage data, our support team is additionally available at the email address info@medemie.de. In addition, an overview of the processing of customer data and further data protection information is attached to this contract as the annex “Data protection information”.
Data processing is carried out on the basis of the following provisions of the EU General Data Protection Regulation (GDPR):
- Art. 6(1), first subparagraph, point (b) GDPR for the performance of the order placed,
- Art. 6(1), first subparagraph, point (c) GDPR for compliance with statutory obligations,
- Art. 6(1), first subparagraph, point (f) GDPR, insofar as the data processing is necessary to safeguard legitimate interests of the organiser or of a third party,
- Art. 6(1), first subparagraph, point (a) GDPR, insofar as the customer has given consent to the processing of personal data concerning them for specific purposes.
10 Choice of law and place of jurisdiction
These terms and conditions and the contractual relationship between the organiser and the customer are governed by the law of the Federal Republic of Germany, to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
The place of performance and payment is the organiser's registered office.
If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction – including international jurisdiction – for all disputes arising directly or indirectly from the contractual relationship is our place of business in Düsseldorf. The same applies if the customer is an entrepreneur within the meaning of section 14 of the German Civil Code (BGB). However, in all cases we are also entitled to bring an action at the place of performance of the obligation under these terms and conditions or under an overriding individual agreement, or at the customer's general place of jurisdiction. Overriding statutory provisions, in particular those on exclusive jurisdiction, remain unaffected.
11 Final provisions
Amendments or additions to the contract or to these terms and conditions should be made in writing. Unilateral amendments or additions by the customer are invalid.
Should individual provisions of these terms and conditions be invalid or void, this does not affect the validity of the remaining provisions. If a provision is invalid, this contractual relationship will be based on a provision that comes closest to the economic purpose of the original provision. The above provision applies accordingly to any gaps. In all other respects, the statutory provisions apply.