General Terms and Conditions for Sale, Delivery, Courses and EEG Info Membership of BEE Medic GmbH Germany (EU customer)

§ 1
Scope, terms and conditions for customers/exception

1. For all deliveries and other services to companies according to § 310 para. 1 BGB our present terms and conditions shall exclusively apply. These also apply to all future agreements with the customer, even if they are not expressly agreed upon once more.

2. We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email.

3. The following terms and conditions do not apply to contractual relationships between the Swiss BEE Medic GmbH and Swiss customers. For intra-Swiss contractual relationships, we refer to the terms and conditions of BEE Medic GmbH Switzerland for non EU customers (see below).

§ 2
Quotation, scope of services rendered and contract conclusion

1. Information on our part in catalogs, brochures, the Internet or other media does not represent a quotation; the contract is concluded solely - for lack of a special agreement - with acceptance (confirmation of order) on our part.
Orders (offers to conclude a sales contract) must be formulated in written manner (e-mail, fax or letter).

2. The customer is bound to his offer to conclude a sales contract (order) for two weeks. We can only accept the offer within these two weeks by making a notice to the customer (order confirmation).

3. Offers are always subject to change on our part.

4. For the scope of the owed service defined by contract solely our order confirmation is legally binding.

5. We owe only the supply of goods of average type and quality.

§ 3
Prices, changes of price and payment

1. Our prices do not include the cost of packaging and transport as well as the legally owed value added tax.

2. Unless agreed upon otherwise, payment is to be made free of costs and in full within 30 days of receipt of the invoice. Rate- or partial payments are accepted only after prior agreement.  If payments of installments are delayed, the entire outstanding amount is payable immediately and can be enforced. A delivery to new customers will only be made after payment in advance. We reserve the right to deliver only after prepayment, also for already existing customer relationships.

3. We reserve the right to increase our prices adequately if, after the contract has been concluded, costs increase, particularly because of changes in the U.S. $ exchange rate.

4. Errors in calculation, computation, writing or pictures are reserved.

5. Duties or freight charges are to be paid by the customer. We will provide evidence of these costs to the customer upon request.

6. The customer will be in default even without a reminder, § 286 III BGB. Costs for possible reminders can be charged to the customer´s account with an overall rate of 10,00 EUR/reminder. 

7. In the event that the customer is in default, on demand he must pay default interest at the rate of eight percent above the base rate. We are entitled to charge the customer a higher interest rate if there is legal ground to do so.

§ 4
Shipping / delivery period

1. As far as no specific delivery period is agreed upon, the delivery (i.e. delivery of goods to the post office), is usually made within three working days of receiving the order.

2. Post office boxes are not accepted as a shipping address.

3. In the event of unforeseen events, for that we are not responsible, and that preclude us from delivering our service, such as cases of force majeure, strikes, breakdowns in our own company or the company of our suppliers, transportation difficulties, etc., as well as administrative measures, such as inspection of goods by customs, the delivery period is extended by the duration of the problem if we are thereby prevented from timely fulfillment of our obligations. These we will prove to the customer on demand.

§ 5
Risk transfer

The risk of accidental loss and accidental deterioration of the purchased goods passes over to the customer as soon as we have delivered or handed over the purchased goods to the post, the freight forwarder, the carrier or to another person or institution responsible for the execution of the transport.

A transport insurance is only effected at the written request of the customer, the costs are borne by the customer.

§ 6
Title retention

We reserve the ownership of the goods until full receipt of the purchase price. To exercise the right to retain ownership, we are also entitled without cancelling the contract.

§ 7
Examination of goods / report of defects

The customer has to inspect the goods upon receipt within 48 hours for shipping damage, completeness or other defects, and report such damage or defects, indicating the specific defect within a further 24 hours.
Hidden defects must also be reported within 24 hours of discovery, stating the specific defect.
For the timeliness of the complaint it is sufficient to dispatch the complaint by letter (significant is the date of the postmark) or fax (significant is the fax signature).

§ 8
Claims arising from defects / liability

1. The legal claims of the customer arising from defects require that the customer has complied with the obligation to inspect the goods and report defects in accordance with § 7. Otherwise, any warranty claims are excluded.

2. In the case of removal of defects by supplementary performance the customer must return the rejected product immediately to us. For the duration of use the customer must grant compensation for lost value in terms of § 346 clause 2 BGB and/or refund the benefits that have been made of the goods in terms of § 346 clause 1 BGB. 

3. We are liable under the law for damages as follows:
a. in the case of a culpable breach of an essential contractual obligation the indemnity liability is restricted to the foreseeable, contract-typical
damage, unless the infringement of the contract was intentional.
b. for other breaches of responsibilities, we are only liable for deliberate intention or gross negligence, including deliberate intention or gross negligence of our representatives and vicarious agents. In the case of only gross negligence, the liability is limited to the foreseeable, contract-typical damage.

4. The liability for faulty damage to life, the body or health remains unaffected; this is also valid insofar as liability according to the product liability law is given.

5. Unless previously agreed otherwise, the liability is excluded.

6. For the customer the limitation period for claims arising from defects is 12 months from receipt of goods.

§ 9
Applicable law / competent court / contract language

German law applies; the application of the CISG Convention is excluded. Exclusive court of jurisdiction is Singen/Germany or the district court of jurisdiction responsible for Singen which is Konstanz/Germany, if the responsibility for the litigation falls within the scope of the County Court, provided that the purchaser is a businessman or has no residence in Germany. Otherwise, the general provisions on the court of jurisdiction apply.

The contract language is German.

§ 10
Written form requirement

Collateral agreements, changes or additions must be made in written form in order to be effective. Also the agreement on the abolition of the written form requirement must be made in writing.

§ 11
Final provisions

The present General Terms and Conditions for Sale and Delivery in English are a translation of their original German version. In case of litigation only the German version shall apply.



General Terms and Conditions for Sale, Delivery, Courses and EEG Info Membership of BEE Medic GmbH Switzerland (non EU customers)

§ 1 Scope, terms and conditions for customers/exception
1. For all deliveries and other services to companies our present terms and conditions shall exclusively apply. These also apply to all future agreements with the customer, even if they are not expressly agreed upon once more.

2. We do not accept any conflicting terms and conditions of our customers unless we have expressly agreed upon their validity in writing. Our general terms and conditions apply even if we provide services to the customer unconditionally even though we are aware of conflicting or differing terms and conditions of the customer. Deviating agreements and verbal agreements are only effective when we confirm them in writing or by fax or email. 

§ 2 Quotation, scope of services rendered and contract conclusion 
1. Information on our part in catalogs, brochures, the Internet or other media does not represent a quotation; the contract is concluded solely - for lack of a special agreement - with acceptance (confirmation of order) on our part.

Orders (offers to conclude a sales contract) must be formulated in written manner (e-mail, fax or letter).

2. The customer is bound to his offer to conclude a sales contract (order) for two weeks. We can only accept the offer within these two weeks by making a notice to the customer (order confirmation). 

3. Offers are always subject to change on our part. 

4. For the scope of the owed service defined by contract solely our order confirmation is legally binding. 

5. We owe only the supply of goods of average type and quality.

§ 3 Prices, changes of price and payment
1. Our prices do not include the cost of packaging and transport as well as the legally owed value added tax. 

2. Unless agreed upon otherwise, payment is to be made free of costs and in full within 30 days of receipt of the invoice. Rate- or partial payments are accepted only after prior agreement.  If payments of installments are delayed, the entire outstanding amount is payable immediately and can be enforced. A delivery to new customers will only be made after payment in advance. We reserve the right to deliver only after prepayment, also for already existing customer relationships.

3. We reserve the right to increase our prices adequately if, after the contract has been concluded, costs increase, particularly because of changes in the U.S. $ exchange rate. The invoices will be issued in CHF and have also to be paid in CHF. In esceptional cases, payment in EUR can be arranged. 

4. Errors in calculation, computation, writing or pictures are reserved. 

5. Duties or freight charges are to be paid by the customer. We will provide evidence of these costs to the customer upon request. 

6. The customer will be in default even without a reminder. Costs for possible reminders can be charged to the customer´s account with an overall rate of 20,00 CHF/reminder.   

7. In the event that the customer is in default, on demand he must pay default interest at the rate of eight percent above the base rate. We are entitled to charge the customer a higher interest rate if there is legal ground to do so. 

§ 4 Shipping / delivery period
1. As far as no specific delivery period is agreed upon, the delivery (i.e. delivery of goods to the post office), is usually made within three working days of receiving the order.  

2. Post office boxes are not accepted as a shipping address.  

3. In the event of unforeseen events, for that we are not responsible, and that preclude us from delivering our service, such as cases of force majeure, strikes, breakdowns in our own company or the company of our suppliers, transportation difficulties, etc., as well as administrative measures, such as inspection of goods by customs, the delivery period is extended by the duration of the problem if we are thereby prevented from timely fulfillment of our obligations. These we will prove to the customer on demand.  

§ 5 Risk transfer
The risk of accidental loss and accidental deterioration of the purchased goods passes over to the customer as soon as we have delivered or handed over the purchased goods to the post, the freight forwarder, the carrier or to another person or institution responsible for the execution of the transport. 

A transport insurance is only effected at the written request of the customer, the costs are borne by the customer.
 

§ 6 Title retention
We reserve the ownership of the goods until full receipt of the purchase price. To exercise the right to retain ownership, we are also entitled without cancelling the contract.
 

§ 7 Examination of goods / report of defects 
The customer has to inspect the goods upon receipt within 48 hours for shipping damage, completeness or other defects, and report such damage or defects, indicating the specific defect within a further 24 hours.

Hidden defects must also be reported within 24 hours of discovery, stating the specific defect.

For the timeliness of the complaint it is sufficient to dispatch the complaint by letter (significant is the date of the postmark) or fax (significant is the fax signature).
 

§ 8 Claims arising from defects / liability
1. The legal claims of the customer arising from defects require that the customer has complied with the obligation to inspect the goods and report defects in accordance with § 7. Otherwise, any warranty claims are excluded.  

2. In the case of removal of defects by supplementary performance the customer must return the rejected product immediately to us. For the duration of use the customer must grant compensation for lost value and/or refund the benefits that have been made of the goods.   

3. We are liable under the law for damages as follows: 

a. in the case of a culpable breach of an essential contractual obligation the indemnity liability is restricted to the foreseeable, contract-typical 

damage, unless the infringement of the contract was intentional.

b. for other breaches of responsibilities, we are only liable for deliberate intention or gross negligence, including deliberate intention or gross negligence of our representatives and vicarious agents. In the case of only gross negligence, the liability is limited to the foreseeable, contract-typical damage. 

4. The liability for faulty damage to life, the body or health remains unaffected; this is also valid insofar as liability according to the product liability law is given.  

5. Unless previously agreed otherwise, the liability is excluded. 

6. For the customer the limitation period for claims arising from defects is 12 months from receipt of goods.
 

§ 9 Applicable law / competent court / contract language 
Swiss law applies. Exclusive court of jurisdiction is the district court of jurisdiction responsible for BEE Medic GmbH Switzerland. Otherwise, the general provisions on the court of jurisdiction apply. We can sue the customer at his general place of jurisdiction.

The contract language is German.
 

§ 10 Written form requirement 
Collateral agreements, changes or additions must be made in written form in order to be effective. Also the agreement on the abolition of the written form requirement must be made in writing.

 

§ 11 Final provisions
The present General Terms and Conditions for Sale and Delivery in English are a translation of their original German version. In case of litigation only the German version shall apply.



Courses (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

1. Course Description / Content
Each course is based on its individual course description. It contains specific information on each course offered by us and contains information about the purpose and content of the course. 
Food, travel and accommodation costs are not included in the course fees, unless explicitly stated in the course description differently. 

2. Sign-on
For mandatory registration the appropriate online registration form on www.eeginfo-europe.com must be completed. Alternatively, the registration form provided by the course organizer can be filled out and returned by e-mail or post. The maximum number of participants may be limited. 
Registrations will be considered in the order they are received and will be confirmed by the course organizer, or declined without giving any reason, in writing or by electronic means.

The applicant agrees to the storage of his data under consideration of the federal data protection law and by his registration he expressly permits the course organizer to contact him in writing or by telephone.  

3. Services and fees
For information on the course fees, and their underlying services, please see the course description for the respective course. 
The money must be transferred to the bank account stated on the invoice until the payment date stated on the invoice. For later sign-ons, payment must be made until the day the course begins at the latest. If we have not received payment on time, we reserve the right to cancel or pass the reserved course seat and hotel room to an other person, if booked trough us.

4. Cancellation by the course organizer 
The course organizer may, at any time, cancel a seminar with good cause (too few participants, illness of a lecturer, etc.), or may exclude individual members from participation of the seminar without naming the reason, even after confirmation of registration. In this case, the affected participants will be informed immediately and will be returned pre-paid seminar fees in full. Further claims cannot be invoked, especially the cost of already booked rooms, travel expenses, lost earnings, etc. 

5. Cancellation by the participant
The conditions for cancellation noted on the respective registration form apply. These arrangements apply, unless a substitute participant is named and registered. 
6. Implementation Deviation
The seminar organizer reserves the right to change dates and places of execution. 

7. Copyright
All rights of reproduction and duplication of training materials or parts thereof are reserved by the seminar organizer. No part of the course materials may, in whole or in part, be reproduced, especially by using electronic systems, copied, distributed or used for communication for the public in any form, not even for use in lectures, without written consent of the course organizer. 
Any software that may be provided during the course may not be copied in part or entirely. 

8. Liability
The course organizer assumes no liability for objects of any kind the customer or seminar participants brought with them to the courses. Each participant is fully liable for himself and his actions within and outside the organized event. He is fully responsible for any damage he does. 

9. Other
Furthermore, we refer to our General Terms and Conditions.

10. Final provisions
The present General Terms and Conditions in English are a translation of their original German version. In case of litigation only the German version shall apply. 



EEGInfo Membership (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

EEGInfo offers three different types of memberships
Basic for free
Pro with costs
Premium with costs

A membership is for natural persons only. Every person has to have a seperate membership. The EEG Info membership, with costs, can be purchased for a time period of 12 months. A Pro or Premium membership can not be changed (up- or down graded) during the term. The prices and the corresponding services can be found on the website. The fee for the entire membership period must be paid in advance. Every person need to apply for a seperate membership. Per user only one forum access with one user name is allowed. The compliance of the forum rules is mandatory.

The stated e-mail address must be valid. This is mandatory for all types of memberships. Applications with invalid e-mail addresses will be deleted. Existing memberships with invalid e-mail adresses will be locked.

The membership is activated at the first day of the next month if the fee is paid until the 20. of the current month. If the fee is paid after the 20. of the current month the membership will be activated at the first day of the month after the next month. 

About 5-6 weeks before the membership ends, you will receive a new quotation. If this quotation is accepted by payment in time, the membership will be renewed for the same period of time that was ordered before. If we do not receive the payment in time, the membership will be cancelled without further notice to the customer. For a new membership a new order must be filled out. 

Has a customer registered for the OMC-certification, the Premium-membership is mandatory for the whole time of the certification. In case the Premium-membership will not extended, the certification is aborted.

The Premium-membership contains one free of charge supervision per user per month. 

The services offered by EEG Info are available only for the duration of the membership. If services are not claimed during the membership period the customer is not entitled to these services after termination of the membership.

The entry in the therapist listing is not a course attendance proof. It is intended for patients/clients who are looking for a Neurofeedback therapist. Therefore, we only list therapists, who really offer Neurofeedback therapy.

The requirement for the Cygnet button in the therapist listing is the attendance of a fully attended basic or Cygnet course organized by EEGInfo Europe as well as as the fact, that all necessary BEE Medic equipment (NeuroAmp & Cygnet & at least one game code) which is needed to offer the Othmer method, must be available.

The Premium therapist entry, which was part of the Premium membership until 31.07.2017, is only open to professional Neurofeedback therapists or trainers with adequate education and not allowed for private people or students. The complete Neurofeedback education must be verified with a certificate. We, generally reserve the right not to unlock certain entries after checkup. There is no reduction or refund of the membership fee, if the listing can not be used, because of inadequate education. The therapist listing will be shut down per 30.09.2018

You can show your attended EEGInfo courses on your visiting card. Only fully attended courses will be shown. Therefore, the check at Show EEGInfo courses must be set. Only courses from EEGInfo Europe and HBImed AG will be shown!

An untimely and duly cancellation of the membership is not possible during the membership period and no dues paid can be refunded. We refer to our General Terms and Conditions which also apply.

We keep the right not to continue the therapist listing service at the EEGInfo website. A different offer will then be given.

In the member area also some speeches can be downloaded. Those speeches are subject to copyright.

All rights of reproduction and duplication of those speeches or parts thereof are reserved by EEGInfo. No part of the materials may, in whole or in part, be reproduced, especially by using electronic systems, copied, distributed or used for communication for the public in any form, not even for use in lectures, without written consent of EEGInfo.

The Pro membership for special conditions only includes: the forum access and the newsletter. We keep the right to dissolve the free Basic-membership as well as theThe Pro membership for special conditions only includes: the forum access and the newsletter. We keep the right to dissolve the free Basic-membership as well as the Pro membership for special conditions and turn off the free therapist listing service at any times. The therapist listing will be shut down per 30.09.2018



Terms for rental units, equipment to lent and/or test equipment (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

1. The device, sent to you with the serial number noted on the packing slip, is the property of BEE Medic GmbH/EEGInfo and must be returned to us after the loan/test period has ended. For the length of the loan/test period, please refer to the delivery note.If the device is purchased after the loan/test period, it must not be returned.

If we do not receive the device after the loan/test period has ended on time, we reserve the right to charge a rental fee of EUR 2.50 excl. VAT for EU countries, CHF 3.00 excl. VAT for non EU countries, for each additional day the device is kept.

2. The lent/tested equipment must not be labeled with stickers or otherwise. After use, it must be cleaned and returned to us with all accessories.

3. If a device is defective or missing accessories and/or returned unclean, we will charge you for the loss in value, the replacement of missing parts and/or the cleaning. If the damage is considerable or the device is lost, we might have to charge you the full price for the device. If possible, always choose a mode of shipment, where you are provided with a tracking number.

4. Please take care to return the same unit that we have provided. The serial number can be found on the delivery note and also on this leaflet. If a unit of different serial number is returned and we need to exchange it, we will charge you for the additional costs for postage and packing.

5. We reserve the right to charge costs for postage and packing of the delivery.

6. We refer to our General Terms and Conditions which also apply. 



Supervision (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

The supervision, which takes place by telephone conference, will take one hour. You can find the dates and prices, excl. VAT, for the supervisions on our website. 
If you want to participate in a supervision, please register for that supervision until at least 10 days before the date via the registration form. 
You will then receive an invoice. We must have received the payment on our account at least 5 days before the supervision date, otherwise you will not receive a call from us. 
If you cannot participate in the supervision you had registered for, please let us know at least 5 days beforehand by sending us an email to the same email address where you had registered. 
Payments are not refundable, but you can participate in another supervision within the next three months. 



EEGInfo visiting card and free basic therapist entry (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

EEG Info provides the possibility to add personal EEG Info Therapist seals on your website for free. It is not allowed to change the source code that generates these seals. The code must be used exactly as shown. Link, link target, fonts, text etc. must be left unchanged. If these rules are violated we reserve the right to disable your visiting card with entry in the EEG Info therapist finder temporarily or permanently.

In the free basic therapist entry only the following information is allowed: last name, first name, academic title/job title, city, zip code, country. We reserve the right to change entries with information other than those mentioned here without further notice or to disable your entry temporarily or permanently or to delete it. It is not allowed to indicate the name of a company or practice and the systems or methods which are used. The therapist listing only is open for professional Neurofeedback therapists or trainer with adequate education, but not for private people or students. The complete Neurofeedback education must be verified with a certificate. We, generally, reserve the right not to unlock certain entries after checkup. There is no demand of activation of an entry.

The requirement for the Cygnet button in the therapist entry and the therapist seal was the attendance of a basic or Cygnet course organized by EEGInfo Europe as well as as the fact, that all necessary BEE Medic equipment (NeuroAmp & Cygnet & at least one game code) which is needed to offer the Othmer method, must have been purchased. The Cygnet button also can be given when an OnDemand course had been attended or the education was made with an EEGInfo Europe approved teacher. EEGInfo keeps the right to refuse the therapist seal or button, when the education and/or the equipment does not match new standarts. 

You can show your attended EEGInfo courses on your visiting card. Therefore, the check at Show EEGInfo courses must be set. Only courses from EEGInfo Europe and HBImed AG will be shown! A course only will be shown, when it has been fully attended.

We keep the right to turn off the free therapist listing service at any times.

The therapist listing will be shut down per 30.09.2018

 

 



EEGInfo Software and Installation (valid for BEE Medic GmbH Germany and BEE Medic GmbH Switzerland)

Cygnet software updates are currently for the time being for free, if they will be downloaded and installed by the customer itself. The installation of Cygnet software updates by BEE Medic GmbH Switzerland or Germany/EEGInfo Europe is subject to charges.

New and/or additional modules for Cygnet and/or games and other software are generally not for free.

If you have purchased a set from us (BEE Medic GmbH Switzerland or Germany/EEGInfo Europe), the first Cygnet installation is included in the price of the Neurofeedback set. A second installation on the same computer and/or on one or more additional computers, are with costs.

If the system has not been purchased with BEE Medic GmbH Switzerland or Germany/EEGInfo Europe, there is neither demand for a free Cygnet software installation nor free support for the Cygnet software.

After the Cygnet software had been installed to a computer and its servicability has been proven,  BEE Medic GmbH Switzerland or Germany/ EEGInfo Europe has fulfilled its duty.

BEE Medic GmbH Switzerland or Germany/ EEGInfo Europe does not take any PC service or PC support and just publishes system requirements and general recommendations on the website as well as in other electronic communication.

The customer is always and in general responsible for the maintanance of the computer itself (e.g. operating system updates, backups, security software, etc.). We strongly recommend, to hire a professional PC supporter.

 
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