AMALIAN | General Terms and Conditions

§ 1 Scope

The following general terms and conditions apply exclusively to the business relationship between ALEOX Distribution GmbH - hereinafter referred to as "ALEOX" - and the customer in the version valid at the time of the order. Deviating terms and conditions of business or purchase of the customer will only be recognized if they are expressly agreed in writing.

1.1 These General Terms and Conditions (hereinafter "GTC") of ALEOX Distribution GmbH apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

§ 2 Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email or post.

2.3 The Seller may accept the Customer’s offer within 2 working days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.

2.5 Before submitting the binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

§ 3 Right of withdrawal, cancellation policy

3.1 RIGHT OF WITHDRAWAL FOR CONSUMERS

As a consumer, you have a right of withdrawal in accordance with the following regulation, whereby a consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity:

RIGHT OF WITHDRAWAL

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The cancellation must be addressed to:

ALEOX Distribution GmbH
Mannheimer Str. 177
69123 Heidelberg
Phone: +49 6221 6509945
Email: info@amaliangermany.de

3.2 EXCLUSION OF THE RIGHT OF WITHDRAWAL

In the case of delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return after the seal has been removed, the right of withdrawal expires if the seal has been removed after delivery.

The right of withdrawal also does not apply to goods which, due to their nature, are not suitable for return or which can spoil quickly or whose expiration date would be exceeded.

No right of withdrawal for entrepreneurs:

If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or independent professional activity when concluding the contract, the right of withdrawal does not apply.

3.3 CONSEQUENCES OF REVOCATION

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the service received and benefits (e.g. benefits of use) to us, or only partially or in a deteriorated condition, you must pay us compensation for the value. You only have to pay us compensation for the deterioration of the item and for benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store, for example. Items that can be sent as a parcel must be returned at our expense and risk. Items that cannot be sent as a parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.

§ 4 Prices and payment conditions

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select the payment method of purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the payment method of purchase on account up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop.

§ 5 Sale of products, obligation to provide evidence

5.1 The user confirms by actively confirming in the online shop or in the context of direct sales that he belongs to the category of medical specialist, alternative practitioner, wholesaler or pharmacy in the B2B sector and is authorized to purchase Class 3 medical devices.

5.2 The user undertakes to provide the relevant proof of his qualifications and authorization immediately upon request. This includes, but is not limited to, license certificates, trade licenses, commercial register entries or similar documents.

5.3 We reserve the right to check the authenticity and timeliness of the evidence provided. The check may be carried out with each purchase or at regular intervals.

5.4 In case of doubt as to the authenticity or validity of the documents presented, the Seller reserves the right to request further evidence or to refuse the sale.

5.5 The seller is not liable for damage resulting from improper use of the purchased products. The responsibility for the proper use of the products lies solely with the buyer.

5.6 In the event of a breach of the General Terms and Conditions, in particular the provisions regarding proof of professional qualifications, the Seller reserves the right to take legal action.

5.7 The purchase and use of hyaluronic acid fillers with lidocaine is only permitted to persons who can prove that they have the necessary medical qualifications and authorization. This includes in particular specialists who have a license to practice medicine in accordance with Section 2 Paragraph 1 of the BÄO.

5.8 Alternative practitioners are prohibited from purchasing hyaluronic acid fillers that contain lidocaine. However, they are permitted to purchase products from our range that do not contain lidocaine, provided that these products comply with the legal provisions applicable to alternative practitioners.

§ 6 Delivery and shipping conditions

6.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

6.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

6.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to the customer or a person authorized to receive them. In deviation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer in the case of consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

6.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific hedging transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

6.5 For logistical reasons, collection by the customer is only possible after consultation with ALEOX.

For further information, see SHIPPING & RETURNS .

§ 7 Retention of title

If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

§ 8 Liability for defects (warranty)

8.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

8.2 If the customer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
For new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

8.3 The limitations of liability and shortening of time limits set out above do not apply

for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which have been used in accordance with their normal use for a building and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

8.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

8.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.

§ 9 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

§ 10 Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

§ 11 Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 12 Supplementary regulations for the use of paid services (online courses and workshops)

All services within the scope of the face-to-face events and online courses (e-learning courses, webinars) offered by ALEOX Distribution GmbH are subject to these General Terms and Conditions (GTC) of ALEOX Distribution GmbH, Mannheimer Str. 177, 69123 Heidelberg, Tel.: +49 6221 6509945, E-Mail: info@aleox.de (as of May 2023).

1. General

Any terms and conditions that differ from these terms and conditions as well as changes and additions to these terms and conditions by the participating person are only valid after written confirmation by ALEOX Distribution GmbH. Verbal promises require written confirmation by ALEOX Distribution GmbH.

2 Registrations and data storage

a) Registration for face-to-face events

Registration for face-to-face events can only be made in writing (by post), in text form (by fax or email) or by online registration. After receipt of the online registration, the participant will receive an automatic confirmation of receipt. The invoice will generally be sent by email within two working days. The participant is obliged to contact ALEOX Distribution GmbH if he/she does not receive a registration confirmation or cancellation within 7 days of submitting the registration. If the number of participants is limited, places will be allocated in the order in which they are registered.

The seminars, conferences, congresses (events) offered by ALEOX Distribution GmbH (AMALIAN ACADEMY) are carried out in accordance with the description in the respective presentations. The right to book an event can be made dependent on certain requirements, for example membership in the group of medical service providers or as a specialist doctor/medical professional in a certain field. In such cases, the participant must provide proof of the existence of these requirements to ALEOX Distribution GmbH upon request.

Registrations are binding. Acceptance by ALEOX Distribution GmbH occurs by sending a confirmation of acceptance.

Access to participation in the workshops is subject to full payment.

b) Registration for e-learning courses

To register for an e-learning course, the participant must first register on the website (www.amalian.academy or www.amaliangermany.de). After creating a personal user name and password, the participant is guided step by step through the online registration process. If the participant has already registered, they can log in to the platform as usual. After the registration has been received, the participant will receive an automatic confirmation of receipt. The invoice will generally be sent directly by email, but no later than within two working days. The participant is obliged to contact ALEOX Distribution GmbH if he/she does not receive an invoice within 7 days of submitting the registration.

The ALEOX Distribution GmbH e-learning courses are aimed at a specialist audience. To ensure that a course is only activated for the selected group of people, proof of professional identification (copy of the diploma, license, employer's certificate, etc.) of the participant is required. Proof of identification can be uploaded during the registration process or can be uploaded to the user area afterwards or sent to ALEOX Distribution GmbH by post, fax or email. Course content is only intended for the participant as the person holding the account, so passing on the access data is expressly prohibited.

c) Registration for webinars

Registration for webinars can only be made in writing (by post), in text form (by fax or email) or by online registration. After receipt of the online registration, the participant will receive an automatic confirmation of receipt. The invoice will generally be sent by email within two working days. The participant is obliged to contact ALEOX Distribution GmbH if he/she does not receive a registration confirmation or cancellation within 7 days of submitting the registration.

d) Data storage

Order processing takes place within ALEOX Distribution GmbH using electronic data processing. Personal data is stored confidentially and in accordance with the statutory data protection regulations / GDPR in accordance with Section 4 Para. 1 Var. 3, 4a Para. 1 BDSG.

Personal data is used by ALEOX Distribution GmbH exclusively for the purpose of fulfilling the contract. The participating person is entitled to receive information about the data stored by him/her at any time. This data will not be passed on to third parties without the express consent of the participating person. Exceptions to this are the partners of ALEOX Distribution GmbH, who require this data to enable or provide the contractual services owed by ALEOX Distribution GmbH.

The participating person declares his/her consent to the collection, processing and use of personal data. If the participating person does not wish for further data storage, he/she must inform ALEOX Distribution GmbH so that this data can be deleted in accordance with legal regulations.

3 Cancellation

Cancellations must always be made in writing (by post) or in text form (by fax or email). Verbal cancellations are invalid.

a) Cancellation of face-to-face events

The full event fee, less a cancellation fee of €20.00 net, will only be refunded if the cancellation is made up to 14 days before the start of the event. If the registration is cancelled within 14 days up to and including 7 days before the start of the event, 50% of the event fee will be charged as cancellation costs. The day the event begins is not included in the calculation of the above deadlines. For events that are supported in preparation by e-learning, the day the e-learning course is activated counts as the start of the event. After that, even if the participant does not show up, the full event fee will be charged. The registered person is entitled to send a suitable substitute in his/her place. Processing and event costs must be paid on time, regardless of whether these costs have already been paid or not. Failure to show up does not release the registered person from his/her contractual obligation to pay.

b) Cancellation of online courses

If you cancel an online course before it is activated, you will be charged a processing fee of €10.00 net.

c) Cancellation of the event, force majeure

ALEOX Distribution GmbH reserves the right to cancel for organizational and technical reasons (failure to meet the minimum number of participants, speakers unable to attend at short notice, etc.). In the event of a cancellation by ALEOX Distribution GmbH, the participant concerned will be rebooked for another date and/or another venue after prior consultation. Otherwise, the participant will receive a refund of the event fee already paid. Further claims are excluded. ALEOX is only liable for wasted expenses or other disadvantages suffered by the participant as a result of the cancellation in cases of intent or gross negligence.

4 Remuneration, prices and payment terms

Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

The payment option(s) will be communicated to the customer in the seller’s online shop.

If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

If you choose to pay by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 10 working days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the payment method by invoice up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in the payment information in the online shop.

The contractually agreed remuneration for the classroom courses/seminars , if the course is not purchased via the online store (www.amalian.academy & www.amaliangermany.de), must be paid within 10 working days of the invoice being issued, stating the invoice number, to the account of ALEOX Distribution GmbH specified in the respective invoice. The date of receipt of the registration by ALEOX Distribution GmbH is decisive for the award of early bird and late bird prices. Proof of the award of reduced participation costs (students, etc.) must be sent in advance in writing, by fax or email to ALEOX Distribution GmbH.

Event costs must always be paid in full, regardless of the participant's participation or the length of stay at the respective event.

If the payment deadline is not met, default interest in accordance with Sections 286 and 288 of the German Civil Code (BGB) will be charged at a rate of 5 (consumers) or 9 (entrepreneurs) percentage points above the respective base interest rate per annum on the outstanding amount.

The participation price for the respective event is based on the current price list of ALEOX Distribution GmbH at the time the contract is concluded. Interested parties can obtain information about the current prices from ALEOX Distribution GmbH.

5 Copyrights

ALEOX Distribution GmbH reserves all rights to event and online course materials - including those to translation, reprinting and reproduction in whole or in part. No part of the event and online course materials may be reproduced - even in part - in any form - not even for the purposes of teaching - without the written permission of ALEOX Distribution GmbH, in particular they may not be processed, copied, distributed or used for public reproduction using electronic systems.

6 Liability of ALEOX Distribution GmbH and the participants

a) Training success

The speakers are required to align the lessons with the latest scientific findings. If a certification (e.g. CME) is expressly listed, the classroom events and online courses are also checked for recognition of training hours in accordance with the guidelines of the relevant certification bodies. ALEOX Distribution GmbH does not guarantee the success of the training and assumes no liability for the timeliness, accuracy and completeness of the event and online course content or the implementation of the events.

b) Claims for damages

ALEOX Distribution GmbH is not liable for damages, with the exception of the exceptions listed in Section 309 number 7 letters A) and b) of the German Civil Code (BGB). ALEOX Distribution GmbH is only liable in the event of intent or gross negligence on the part of ALEOX Distribution GmbH or its vicarious agents.

c) Insurance claims

In the event of accidents or damage, no claims for compensation can be made against ALEOX Distribution GmbH. Each participant is personally liable for any stolen, lost or damaged items.

7 Health risks at face-to-face events – warnings and disclaimer

a) Allergen exposure

ALEOX Distribution GmbH expressly points out that the food served during the breaks in face-to-face events is prepared according to usual standards. By booking an event without stating any existing food-related allergies and accepting the general terms and conditions of ALEOX Distribution GmbH, the participant declares that he/she is not allergic to any substances normally used in food preparation and that these do not have any adverse health effects. If, contrary to this assurance, the participant suffers health damage due to allergic reactions, the participant releases ALEOX Distribution GmbH from any liability in this regard. If the participant is unable to continue to take part in the booked event due to an allergic reaction, he/she is not entitled to a refund of the event costs. If the participant has existing food-related allergies, he/she can contact ALEOX Distribution GmbH in advance of the event and ALEOX Distribution GmbH will try to offer an alternative meal that is acceptable to the participant in consultation with the caterers. If this is not possible for ALEOX Distribution GmbH for any reason, the participating person must provide his/her own food on site.

b) General risk

The participating person also releases ALEOX Distribution GmbH from liability for injuries, infections and illnesses that he/she suffers during an event due to his/her own incorrect implementation of the procedural instructions of the speakers or the event support staff.

8 Technical information about online courses

a) Technical requirements

In order to attend the online courses (e-learning, webinars), the participant needs a computer with audio function, a current web browser (e.g. Google Chrome, Mozilla Firefox, Internet Explorer, Safari) and an internet connection (broadband connection is recommended).

b) Activation of e-learning courses

After purchase – and if necessary, receipt of proof of identification – the booked e-learning course will be activated immediately. The participant will be notified of the activation immediately by email. Once the course has been activated, it is considered to have been started.

c) Processing time of e-learning courses

Following activation, the participant can work on the booked e-learning course within the time specified in the course description.

d) Certificate of participation in e-learning courses

A certificate of participation (“AMALIAN ACADEMY certificate”) is sent to the participant automatically and made available for download after completing the e-learning course and successfully completing the learning success test (at least 80% of the course questions must be answered correctly, multiple choice). Certificates of participation are only issued to the person holding the account.

e) Note on the use of mobile devices

The front end of the ALEOX Distribution GmbH e-learning platform is designed for use with devices that have a minimum resolution of 1024 x 768 px. Using output devices with a lower resolution (e.g. tablets or smartphones) may cause display problems within the application.

f) Availability of the online platform

The participant has no right to constant access to the online platform and the courses posted on it. In particular, technical reasons (server maintenance or similar) that are not the responsibility of ALEOX Distribution GmbH can lead to the online platform being temporarily unavailable.

9 Further conditions of participation

a) Violation of the Terms and Conditions

ALEOX Distribution GmbH reserves the right to exclude participants from events if they violate the General Terms and Conditions. This also applies if the rules of conduct are not followed. All provisions of the rules of conduct are part of these General Terms and Conditions and can be viewed as Appendix 1 to the General Terms and Conditions.

b) Authority to give instructions

To ensure that the event runs smoothly, event supervisors are authorized to give instructions to participants for the duration and within the scope of the event.

c) Alcohol

The participant also undertakes not to be under the influence of alcohol or other narcotics that may impair their ability to react or their physical well-being.

d) Consequences of a breach

In the event of violations of the aforementioned conditions of participation, ALEOX Distribution GmbH and its vicarious agents are entitled to exclude participants from the event with immediate effect. In all other respects, Section 7 of the General Terms and Conditions shall apply accordingly.

10 Place of jurisdiction and applicable law

German law applies to the contractual relationship. If the conditions for concluding a jurisdiction agreement are met, Heidelberg is the exclusive place of jurisdiction for all disputes arising from the contractual relationship. If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to bring the case before the court at the customer's place of business.

11 Right of withdrawal for consumers

a) Revocation

According to Section 312g of the German Civil Code (BGB), consumers have a right of withdrawal in accordance with Section 355 of the German Civil Code (BGB) for contracts concluded outside business premises and for distance selling contracts.

The consumer and the entrepreneur are no longer bound by their declarations of intent aimed at concluding the contract if the consumer has revoked his/her declaration of intent within the deadline. The revocation is made by declaration to the entrepreneur. The declaration must clearly show the consumer's decision to revoke the contract. The revocation does not have to contain a reason. To meet the deadline, it is sufficient to send the revocation in good time. The revocation period is 14 days. It begins with the conclusion of the contract, unless otherwise specified. In the event of revocation, the services received must be returned immediately.

The aforementioned declaration of revocation can be made to ALEOX Distribution GmbH using the following contact information (e.g. by post, fax or e-mail):

ALEOX Distribution GmbH
Mannheimer Str. 177
69123 Heidelberg
E-mail: info@aleox.de or support@amalian.academy

The right of withdrawal of the participating person expires prematurely if ALEOX Distribution GmbH begins to provide the service owed with the consent of the participating person before the expiry of the withdrawal period. Personal participation in the booked event constitutes the aforementioned consent.

b) Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned.

12 Alternative dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Appendix 1: Rules of conduct

The discussion forum is intended to serve as an exchange platform among all participants and speakers during the course.
It is important to us that all participants feel comfortable in the forum and that the discussion provides answers to questions and interesting insights.
In this code of conduct (the etiquette for the Internet, so to speak) we want to set out a few rules that you should follow when writing posts. We also explain how our moderators will intervene if these rules are violated.
The discussion forum is intended for topic-related exchange, so please refer to course-relevant content. This way, your comment will be of interest to every reader.
Please maintain a friendly, respectful tone and avoid rudeness, double meanings or even insults. Remember that non-verbal signals are missing and irony and cynicism may therefore be difficult to understand.
For example, writing only in CAPITAL LETTERS is perceived as loud and aggressive.
Please formulate objectively and unambiguously, leave out any superfluous information and use correct sentence structure, punctuation and spelling.
Quotations should be used sparingly and marked with quotation marks. When using other people's information, make sure to cite your sources.
Abbreviations used should be generally known or explained.
For the sake of clarity, please limit yourself to a maximum of 70 punctuation marks per post.
All participants are addressed by title and surname. If you want to address a specific participant, begin your sentence as follows: @Mrs. Dr. Musterfrau/@Mr. Dr. Mustermann.
As part of the moderation process, we reserve the right to delete discriminatory or defamatory statements and unverifiable allegations as well as links that violate the rules posted here.
Please do not ask questions to ALEOX Distribution GmbH in the discussion forum, but send them directly by email to support@amalian.academy.

Appendix 2: Further provisions for on-site/face-to-face courses & seminars

Scope of services

The scope of services usually includes participation in the event and, if specified in the description, event documentation and a learning success assessment. Catering is only included if it is specified accordingly in the description of the scope of services. In particular, travel and overnight accommodation are not included. The room quotas mentioned in the description are usually available to a limited extent and only for a limited time and can be booked by participants at their own expense.

Image and sound recordings from/during events, use by ALEOX Distribution GmbH

ALEOX Distribution GmbH is entitled to make image and sound recordings of the event, the speakers and participants during and during events and to use these to document the event, for follow-up reporting and to promote subsequent events. If an event is held as a hybrid event, the recordings will be shown to the online participants.

If ALEOX Distribution GmbH plans to make corresponding recordings, ALEOX will communicate this in the entrance area of an event by means of appropriate symbols or signs.

The use of individualized recordings of the participant (recordings on which the participant is recognizable in any way) for advertising purposes will only take place if the participant has expressly consented to this in advance.

If the participant does not agree to the use of audio and video recordings of the participant, the participant must inform the event management on site before the start of the event. The participant will then be assigned a seat in an area that is expressly excluded from the creation of audio and video recordings (restricted seat).

By acknowledging the symbols and information signs and equipment for recording and not requesting or selecting a restricted area, the participant conclusively declares his consent to the creation of corresponding recordings.

Rights of use for printed event materials

An event document provided as a print document is protected by copyright and is made available to the user for participation in the event and its follow-up. Any other use, in particular any reproduction, distribution or public provision is expressly prohibited.

Liability – Event content and event documentation

ALEOX Distribution GmbH is not liable – except in cases of intent or gross negligence – for the content of the event and/or the event documentation.

Treatment risk

The treatment risk is borne by the treating person. It is advisable to take out private professional liability insurance with a focus on aesthetics before performing the injections. Costs for compensation or physical injuries resulting from complications and incorrect treatment are covered by the participants' insurance. ALEOX Distribution GmbH accepts no liability for incorrect treatment, side effects or complications.

Confirmation of participation

If indicated in the description, certificates of participation will be issued for the events.

Safety and health

The participant must always and immediately follow all requirements communicated by ALEOX for participation in an event for reasons of protection against infectious diseases or for other reasons to ensure the safety of all participants.

Appendix 3: Further provisions on online courses

Services/Subject of the contract

Various paid services are available. The range of functions provided by ALEOX Distribution GmbH depends on the offer and corresponding model selected by the user. Details can be found in the price and service list valid at the time the contract is concluded at www.amaliangermany.de and www.amalian.academy.

The paid services are aimed at doctors, dentists, alternative practitioners and other authorized persons working in the healthcare sector.

The subject matter of the contract is based on the selected offer content of the valid price-performance list at the time the contract is concluded. ALEOX Distribution GmbH reserves the right to make changes to the designation of the individual offers. Such changes do not affect the subject matter of the contract. In particular, the user has no claim to offer content that did not correspond to his selected offer at the time the contract was concluded.

Registration/Conclusion of contract

The prerequisite for the use of paid services and the necessary acquisition of the corresponding usage rights (license) as well as for the purchase of goods is the registration of the user on amaliangermany.de or amalian.academy.

Before concluding a paid contractual relationship, the user will be informed about the content of the paid service, the prices and the payment terms. Before completing the order process, ALEOX Distribution GmbH will display the entries made by the user in a confirmation window and give the user the opportunity to check their entries and correct them if necessary.

By clicking the "order for a fee" button, the user declares that he or she wishes to conclude a contract for the paid services he or she has selected. Clicking the "order for a fee" button merely represents an offer by the user to conclude a contract. This is binding for a period of 7 working days. ALEOX Distribution GmbH expressly reserves the right to accept or reject the user's contract offer within this period. There is no entitlement to the conclusion of the contract.

Acceptance of the offer by ALEOX Distribution GmbH and thus conclusion of the contract occurs with an email confirmation from ALEOX Distribution GmbH to the user. ALEOX Distribution GmbH saves the contract text and sends the user the order data and these terms of use with the confirmation email. The user can view the contract data at any time in his personal area.

ALEOX Distribution GmbH reserves the right to change the usage costs for new users and to introduce new usage models as part of special promotions. The usage costs for registered users will not change within the contractually agreed usage period.

Costs and payment terms

The prices indicated are final prices including VAT. ALEOX Distribution GmbH reserves the right to make price changes in the event of printing errors or mistakes.

The usage fees or the purchase price are due immediately upon conclusion of the contract. Access to the services is activated after receipt of payment. If payment is not made on time, payment default occurs immediately. If the user defaults on payment, ALEOX Distribution GmbH is entitled to exclude the user in question until outstanding claims have been settled.

The amount due can be paid using the payment methods specified in the ordering process. By registering to use a paid service and providing the information required for the selected payment method, the user authorizes the collection of the corresponding amount.

The user may be required to bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect data provided by the user, plus a processing fee of EUR 10.00.

Access to paid services is provided at the usage costs corresponding to the selected usage model (total price). This total price for a billing period is due regardless of whether and how the user uses the service.

The user is only entitled to a right of set-off if his claims have been legally established by a court or are undisputed or have been acknowledged in writing by ALEOX Distribution GmbH. The user can only exercise a right of retention if the claims result from the same contractual relationship.

ALEOX Distribution GmbH is responsible for payment transactions via the website and carries out transactions exclusively via SSL-secured connections.

Term and termination

The term of the respective usage contract for services depends on the selected usage model. The term of the usage contract begins with the activation of the user account for use of the respective paid service and ends after the period of time specified in the usage model has expired. The usage contract ends after the usage period defined by the usage model has expired without a separate declaration. When the contract term expires, the authorization to use the respective paid service ends.

The mutual right to extraordinary termination for good cause remains unaffected. Such a reason exists in particular if one of the contracting parties intentionally violates essential obligations under this contract and thereby significantly infringes the interests and legal rights of the other party. On the part of ALEOX Distribution GmbH, a reason for extraordinary termination exists in particular if the user

– is in arrears with a payment due for more than 10 working days
– ALEOX Distribution GmbH ceases operations permanently.

Extraordinary termination is possible without notice. Termination can only be made in written text form, such as by email or letter.

In the event of extraordinary termination, there is no entitlement to a refund of the usage fees already paid.

Statutory rights of withdrawal remain unaffected by the termination rights set out above.

In the event of termination, ALEOX Distribution GmbH will delete all stored personal data of the affected user account with regard to the relevant paid service.

Special rules for free use

Free use: In cases where the use of paid services is free of charge (e.g. as part of test or special promotions), only a limited range of functions may be available. In these cases, no claim to permanent use is established. In these cases, ALEOX Distribution GmbH also reserves the right to limit the range of functions at any time. In the case of free use, both contracting parties are entitled to terminate the contractual relationship with immediate effect without giving reasons.

User Content

Some of the services offered on amaliangermany.de / amalian.academy allow the user to place, upload, transmit, save, send or receive their own content ("user contributions"). ALEOX Distribution GmbH assumes no liability for the accuracy and/or legality of user contributions. By placing, uploading, transmitting, saving or otherwise making content available, the user irrevocably and free of charge grants ALEOX Distribution GmbH unlimited, worldwide, non-exclusive and unlimited in content, transferable rights of use with regard to this content for the duration of the statutory protection periods. In particular, this includes the right to publish, reproduce, save, edit or refer to the content in all forms. The user is expressly prohibited from placing, uploading, transmitting, saving or sending user contributions anonymously. Excluded from the provisions of this section are contents that are not visible to other users, i.e. own additions and content uploaded and linked in connection with own additions. Whether this content is visible to other users depends on the type of content and/or the user's corresponding settings.

ALEOX Distribution GmbH reserves the right to remove offensive, illegal or off-topic user contributions from the site at any time. Complaints in this regard can be directed to support at any time. Only contributions that comply with the law applicable in the Federal Republic of Germany are permitted. Applicable youth protection regulations must be observed. It is the responsibility of each individual user to observe the rights of third parties with regard to the content and materials used and, if necessary, to obtain any rights of use.

User’s obligation to act lawfully

The user confirms that he will act lawfully when using the services of ALEOX Distribution GmbH and will not pursue any illegal purposes. He assures that he will not violate any industrial property rights, copyrights, other property rights or personal rights. ALEOX Distribution GmbH reserves the right to block user accounts in the event of violations of these terms of use.

The user undertakes to indemnify ALEOX Distribution GmbH upon request from any claims made by third parties due to violations of law committed by the user (negligently or intentionally).

The user is not authorized to pass on his access data to third parties. He is obliged to keep his password safe from unauthorized access. If ALEOX Distribution GmbH discovers simultaneous access to the account due to justified suspicion that a user account is being used by several people, it has the right to block the user account without prior notice.

It is prohibited to carry out actions that aim to render the services offered inoperable or make access more difficult. ALEOX Distribution GmbH reserves the right to take civil or criminal action.

Treatment risk

General Terms and Conditions (GTCs)