The following General Terms and Conditions apply to all contracts concluded by Heart-Based Medicine AG, Basel (hereinafter: HBC) with natural persons domiciled in Switzerland (hereinafter: customers) for all its offers.
HBC reserves the right to amend these GTC at any time. The version of these GTC currently in force at the time of conclusion of a contract shall apply, which cannot be unilaterally amended for this agreement. Any terms and conditions of customers that conflict with or deviate from these GTC shall not be recognized.
The object of the agreement is the provision of heart-based services by a multi-professional team from HBC in accordance with the principles of the Heart-Based Medicine Foundation, namely medical consultations and therapies, testing procedures and coaching, in each case in individual services or in a combination of different services.
The content and scope of the services offered by HBC are clearly published on the HBC website.
The details and clarifications contained on the HBC website regarding the content and scope of a service (e.g. regarding methodology, processes, reports, technical descriptions, laboratory services, etc.) or any illustrative explanations (illustrations, graphics, photos, videos, etc.) may be changed by HBC at any time, also with effect on already concluded and ongoing contracts. Furthermore, they are to be understood as approximate values and are non-binding.
HBC is free to select and deploy employees to fulfill the agreed services.
Some HBC services require customers to register on the HBC website and sign one or more information sheets, the current versions of which are also published on the HBC website. Questionnaires must also be completed for individual services (online or in print). Changes to such information sheets and questionnaires do not affect information sheets and completed questionnaires that have already been accepted. Customers may also be asked to collect laboratory materials, load laboratory samples and collect, use and return measuring instruments.
Personal meetings with clients usually take place on HBC premises. They are arranged directly between HBC and the client in individual appointments. Exceptionally, a meeting may also take place at a third location or virtually at the request of a client.
Prices are quoted net in Swiss francs (CHF), excluding VAT and any other statutory charges. Expenses incurred in the fulfillment of the agreement will be charged additionally.
If a client voluntarily or involuntarily discontinues participation in a booked service for any reason before completion, this will not lead to a reduction in costs, i.e. the full price of a booked service must still be paid. This also applies to cases in which HBC has to cancel and terminate a service prematurely for medical, therapeutic or other reasons that make cooperation with the person concerned appear unreasonable.
The costs must be paid in advance, either online via a payment service provider provided by HBC on the HBC website or against invoice. In the event of late payment, HBC may charge default interest of 5% per year and a maximum reminder fee of CHF 30 per reminder.
Costs that are covered in full or in part by a client's health insurance fund are settled directly with the client by HBC.
All offers made by HBC, published on the HBC website or contained in other publications, are subject to change and are not to be understood as binding offers.
There are individual contract forms for booking each HBC service. These cover either a single service, a selection of different services or all services together. They are published on the HBC website and can be accessed there by clients; they can also be handed out to clients in printed form at an initial meeting. Clients select the service or several services they wish to book on the individual contract form and complete the form with the required information. Fully completed online forms must be sent to HBC, confirming that the information is correct and complete. Printed forms must be signed with a legally valid signature and sent to HBC. Depending on the situation, the signature of the legal representatives may be required.
By submitting the individual contract form to HBC, customers submit a legally binding offer to conclude a contract without the right of withdrawal.
HBC will then generally send a confirmation of receipt by e-mail stating that the request has been received by HBC. The contract is concluded as soon as the customer pays the corresponding invoice - either directly online via the website or after receiving a written invoice - and HBC has then sent a declaration of acceptance.
HBC is entitled not to accept or only partially accept or execute offers to conclude a contract. In such a case, HBC will inform the customers concerned by e-mail. If a payment has already been received by HBC, the payment will be refunded. If no payment has yet been made, customers will be released from the obligation to pay.
The services selected or designated by the customer can only be changed after conclusion of the contract with the written consent of both parties, unless otherwise stipulated below.
The contract between the parties ends on the date of the last individual service provided by HBC for which a client has opted.
The contract between the parties may be terminated immediately at any time for good cause. The same applies if one party breaches this contract and does not restore the contractual situation within one month.
All information on the HBC website about the services of HBC does not constitute an assurance of specific characteristics of these services or of guarantees, unless explicitly stated otherwise. HBC makes every effort to ensure that all information about its services on its website is correct, complete, up-to-date and clear, but HBC cannot provide any express or implied warranty in this respect.
HBC cannot guarantee that the services can be provided immediately as described on the HBC website at the time the individual contract is signed by the customer. All information on their availability in a specific time frame or schedule is without guarantee and may change at any time and without notice, even after the contract has been concluded.
HBC gives no assurances or guarantees to customers that the data collected and evaluated as part of certain services, such as the IST™ program, is up to date, complete and correct, or that the online evaluation systems, questionnaires and the HBC website, their functionalities, integrated hyperlinks and other content will be available at all times or without interruption. In particular, HBC neither warrants nor guarantees that the use of the HBC website will not infringe the rights of third parties not owned by HBC. HBC only uses hyperlinks to simplify customer access to other websites. HBC can neither know the content of these websites in detail nor assume any liability or other responsibility for the content of these websites.
Similarly, HBC does not give clients any guarantee of success regarding the effectiveness of its services.
HBC excludes all liability towards customers, regardless of its legal basis, as well as claims for damages against HBC and against any auxiliary persons and vicarious agents. In particular, HBC shall not be liable for indirect damage and consequential damage, loss of profit or other personal injury, property damage or pure financial loss suffered by customers who receive services from HBC. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
Information of any kind that HBC receives, compiles or evaluates from its clients in the course of providing a service is confidential and will not be passed on to third parties by HBC. However, HBC may process and use all customer data collected in the course of the conclusion and performance of the contract for the fulfillment of its obligations and use it anonymously for research and marketing purposes. The data necessary for the fulfillment of services may also be passed on to contracted service partners (logistics partners) or other third parties.
The data protection provisions are available in detail at the following link: (>Link Data Protection). They are an integral part of the agreement between HBC and the customer.
The documents, knowledge and experience provided to HBC may only be used for the purposes of the agreement concluded with the customer.
The following data/information which the parties disclose to each other in connection with this agreement or which is otherwise perceived in the context of this agreement (hereinafter collectively referred to as “data/information”) shall be deemed confidential:
Confidentiality applies regardless of whether the data/information is recorded in documents, drawings, plans, films or other data carriers of any kind (with digital or analog recordings) or has been perceived acoustically, and regardless of whether it is protected by law.
The parties undertake, in their mutual business dealings in execution of this agreement
The confidentiality obligation does not apply to information that
The termination of this agreement does not terminate the obligation to maintain confidentiality, but the obligation to maintain confidentiality continues thereafter.
External communication about this agreement and the mutual cooperation requires the consent of both parties. In all other respects, HBC and its employees are bound by medical and therapeutic confidentiality.
The provisions in the individual contract form and these GTC reflect the entire agreement of the parties with regard to the subject matter of this contract and replace all written or verbal agreements in this regard. Amendments and supplements to this agreement must be made in writing in order to be valid.
The assignment of rights and obligations arising from the contract concluded between the parties is only permitted with the prior written consent of the other party.
The failure to exercise or delay in exercising any right or remedy to which a party is entitled under this Agreement shall not constitute a waiver of such right or remedy, and the exercise in whole or in part of any right or remedy shall not preclude the reassertion of the same right or remedy or any other right under this Agreement.
Should individual provisions of these GTC, the individual contract form or any written amendments and supplements prove to be invalid or unenforceable or become invalid or unenforceable, in particular as a result of amended regulatory provisions, this shall not affect the validity of the remaining provisions.
The parties shall replace the invalid or void provision or the conditions that do not comply with the regulatory requirements by mutual agreement with the legally permissible provision or the regulatory permissible conditions that come closest to the economic purpose of this agreement or the agreed conditions.
The agreement concluded between the parties, including these GTC, shall be governed by Swiss law to the exclusion of any conflict of laws provisions. Disputes, differences of opinion or claims arising from or in connection with this agreement, including its validity, invalidity, breach or termination, shall be decided exclusively by the ordinary courts in Basel-Stadt, subject to appeal to the Swiss Federal Supreme Court. The place of jurisdiction is Basel-Stadt.
