Vulvani UG (haftungsbeschränkt)
c/o Factory Works GmbH
1.1 These General Terms and Conditions (“GTC”) apply to all legal transactions of Vulvani, (hereinafter referred to as “Vulvani” or “we”) with you as contractual partner:in (hereinafter referred to as “Customer:in” or “you”) regarding the brokerage of products & services offered on our Vulvani platform through our platform Expert:in or our own products & services and corresponding contracts that come into being through our Vulvani platform (“Vulvani Platform”). These GTC apply exclusively in the relationship between us and you. Deviating terms and conditions will not be accepted.
1.2 The Vulvani Platform offers both its own services and those of third parties (“Experts”). With regard to the services offered by third parties on the Vulvani Platform, we act as an intermediary for the corresponding contracts, which are concluded directly between you as a customer and the Expert(s). For these mediation services we receive a commission from the selected Expert(s). Each Expert has its own terms and conditions which you must accept (including general terms and conditions, collection conditions, shipping conditions, cancellation conditions, warranty conditions). When and if a contract between You and an Expert:in is concluded by a service offered on the Vulvani Platform is made clear by the explicit naming of the Expert:in in the order process as well as a reference to his/her terms and conditions.
1.3 These GTC apply regardless of whether you act as a consumer, entrepreneur or merchant. However, some special features apply to consumers, which we may refer to in these GTC at the appropriate places. Consumer:in is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed (§ 13 BGB). Entrepreneur:in is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity (§ 14 BGB).
1.4 Individual agreements between us in offers, order confirmations and declarations of acceptance shall take precedence over the provisions of these GTC.
2.1 With the Vulvani Platform, we provide you with a platform for online courses and live events with information and learning material about the female body (hereinafter collectively referred to as “Services”). The services on our platform are provided by experienced experts or by ourselves for you to access and use.
2.2 The exact service portfolio can be found in the presentation of the various services on the Vulvani platform.
2.3 The use of our services and the services of the experts is at your own risk. We do not assume any liability for possible consequences resulting from the participation in the services. The services are not diagnostics, therapies or treatments that would make medical advice or visits to medical professionals obsolete. The Benefits should not be used to self-diagnose or self-treat ailments or conditions. If you have a problem, always seek medical advice first. The online courses offered on this site reflect personal opinions and experiences.
2.4 The content of these online courses and all information on www.vulvani.com is intended to provide general information about menstruation, sexuality, cycle health and related topics. We do not take any responsibility for any consequences related to the tips and information provided on this website and the online courses offered. Each:r is responsible for themselves.
You can use our Vulvani Platform Services and the Expert:in Services as follows.
3.1 The purchase of services on our Vulvani platform is only possible as a registered customer. Only natural persons with unlimited legal capacity may register as Customers. Each customer may only register once.
3.2 For registration, the registration form provided on our platform must be filled out completely and truthfully and sent to us. Your information must not violate the rights of third parties or offend common decency. We are entitled to request written evidence to verify the data provided.
3.3 By submitting the registration form you make a binding offer to us to conclude a contract for the use of the Vulvani platform free of charge. The contract of use is concluded by our confirmation of the registration and the activation of your user account.
3.4 You have the possibility to rate the services offered on our platform. These evaluations may only contain truthful information and only refer to the execution, the content and the quality of the service. The evaluations are not checked by us. However, we are entitled to delete ratings that violate the aforementioned provisions.
3.5 We have the right to block or exclude you from using our platform services and to delete your user account if we have reasonable grounds to believe that you have violated essential obligations of these GTC or violated the law. In such a case, we will inform you about the planned exclusion by e-mail and give you the opportunity to comment within at least 30 days. In any case, we will take your legitimate interests into account when deciding on the blocking or exclusion and evaluate your comments accordingly. We will inform you of the result before the blocking or exclusion. The right to extraordinary termination remains unaffected.
A contract for the use of services to be purchased on our platform is concluded as follows:
4.1 On our platform you will find information about the contents and costs of the services offered by us or our experts. This information itself does not constitute an offer to conclude a contract, but merely a non-binding invitation to purchase these services.
4.2 Only by completing the corresponding order process do you make a binding offer to us, possibly as the representative of the Expert(s), to conclude a contract for the purchase of the corresponding services. We accept this offer with regard to the services of the Expert(s) as the Expert(s)’ representative.
4.3 Before completing the order process, we will inform you of the fact that the service is subject to a charge and give you the opportunity to take note of these GTC as well as the terms and conditions of the Expert(s).
4.4 Furthermore, we give you the opportunity to check your entries and correct them if necessary before completing the order process.
4.5 Upon completion of the booking process, you will receive a confirmation of receipt of your booking from us to the e-mail address you provided. This confirmation of receipt constitutes – subject to deviating provisions in the order process or in the confirmation of receipt itself – the acceptance of your offer to conclude a contract for the use of the services booked by you. We declare the acceptance to you with regard to the services of the Experts as representatives of the Experts.
4.5 With the full payment of the purchased services, you receive the right to use the services purchased by you under the conditions stated in these GTC and in the applicable terms and conditions of the experts.
5.1 You will be informed of the type and amount of payment for the purchased service in the order process. All prices include the statutory value-added tax if the value-added tax is not shown separately. The remuneration is – subject to a deviating regulation – immediately due for payment.
5.2 Payment of the remuneration for the purchased services can be processed via payment service providers that we integrate into the order process.
5.2 We will inform you of the specific modalities for processing the purchase via one of the aforementioned means of payment during the ordering process. We do not charge you a separate fee for any of the aforementioned means of payment.
6.1 As described above, we and the experts offer their services on the Vulvani platform. If you purchase services from an expert, the contract for the purchase of the services is between you and the expert. In this case we are only the mediator of such services. Therefore, an agency contract is concluded between you and us, free of charge for you, which is governed by these GTC.
6.2 The specific terms and conditions that apply between you and the respective expert are based exclusively on the information provided by the respective expert, which you can view as part of the order process and which become part of the contract concluded between you and the expert:in by us as an intermediary.
6.3 In case of problems with the ordered services or other problems in connection with your order, you have to contact the respective Expert. We will be happy to support you within the scope of our possibilities by contacting us via firstname.lastname@example.org. In this case, however, you and the expert:in are the sole contractual partners with regard to your order for services.
6.4 The terms and conditions of the Expert:in apply exclusively with regard to the services ordered by you from them. Deviating terms and conditions of you as a customer of the Expert are not accepted by the Expert and are therefore not part of the contract. The validity of such terms and conditions is hereby expressly rejected on behalf of the experts. The priority of individual agreements between you and the Expert remains unaffected.
7.1 The services are generally available to the extent stated on the Vulvani platform, in the order process or in the respective service description.
7.2 If you purchase an online and non-live service, the service will be available to you for the duration of your membership in the Vulvani Platform, unless otherwise specified in the order process or unless the Expert offering the respective service specifies otherwise in its terms and conditions. Within this time you can access and use the respective content online as often as you want. Afterwards, we or the Expert:in are entitled to block the content for you.
7.3 If you purchase a service in relation to a live event, it is only available to you during the period in which it takes place live, unless the event organizer or expert provides you with an alternative or replacement date or a recording.
7.4 We and our experts issue vouchers for some services. These vouchers have a limited period of validity. This period of validity is noted on the voucher itself or, if applicable, additionally in the order process.
7.5 Unused services and unused vouchers are not subject to any refund obligation.
7.6 We reserve the right to make changes to the exact program, the layout and the course of the services on our platform as well as to the focus of the content. We will only make significant deviations from the services booked by you with your consent.
8.1 The contract period of our user contract runs basically for an indefinite period. You can log out of our platform as a registered user at any time and without notice and thus terminate the user agreement by deleting your user account.
8.2 With the deletion of your user account, the platform services that you can use as a registered user are no longer available to you. Please note again that by deleting your account, data and information regarding your orders placed with our experts will be lost.
8.3 The duration of the contract as well as all other terms and conditions, terms of delivery, rights of withdrawal, cancellation and revocation in relation to the services of the experts ordered by you via the Vulvani platform are exclusively governed by the terms and conditions of the experts.
8.4 Online and non-live services are usually made available to you immediately after completion of the payment process.
8.5 We offer you a 30-day right of withdrawal for every purchase of non-live services. If you exercise this right of withdrawal, we will refund all costs paid in this regard. You may exercise this right of withdrawal within 30 days from the date of your purchase by simply sending an email to email@example.com. Simply state in this email that you wish to withdraw from the purchase.
8.6 We reserve the right to delete users who have not logged in to our platform for a total of 2 years. This also means that the purchased content will be lost.
9.1 If you use the services of the Vulvani Platform as a consumer, you can revoke the contract as follows:
9.2 Cancellation policy
You can revoke your contractual statement in writing (e.g. letter, e-mail) within 14 days without giving reasons. The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312 e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation is sufficient to comply with the revocation period.
The revocation is to be addressed to:
Vulvani UG (limited liability)
c/o Factory Works GmbH
Phone: 040 52473445
9.3 Consequences of revocation
If you effectively revoke the contract or individual bookings, we will reimburse you for all payments we have received from you in connection with the revoked service/booking without delay and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. In no case will you be charged for this repayment.
The right of withdrawal also expires prematurely
in the case of a service contract that does not oblige the consumer to pay a price if the entrepreneur has completely provided the service;
in the case of a digital content contract that does not oblige the consumer to pay a price when the entrepreneur has begun to perform the contract;
Expiry of the right of withdrawal in the case of digital services
The right of withdrawal expires in the case of a contract for the provision of digital services or other services if we have begun with the execution of the contract or the service, i.e. have provided you with a digital product, for example, after you have given us your express consent to this so that we can begin with the execution of the contract before the expiry of the withdrawal period and you have simultaneously confirmed your knowledge that you lose your right of withdrawal in this case.
The aforementioned representations regarding the right of withdrawal and its expiration are to be included by us in a legally binding manner. The expiration of the right of withdrawal does not include your 30-day right of withdrawal according to section 8.5. You are always entitled to this.
– End of the legal cancellation policy –
Sample cancellation form
(If you want to cancel the contract/service/booking, you can fill out this form and send it back to us. However, you are not obliged to comply with this form).
Vulvani UG (limited liability)
c/o Factory Works GmbH
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on (*)/received on (*) ______________________________
Name of consumer(s) ______________________________
Address of the consumer(s) ______________________________
Signature of consumer(s) ______________________________
(only in case of notification on paper)
(*) Delete where inapplicable.
10.1 Our liability arising from the brokerage contract concluded between us, irrespective of the legal grounds, for your damages that do not result from injury to life, body or health, shall be limited in amount to the damages typically foreseeable at the time of conclusion of the contract, insofar as the damage was not caused by us or by a legal representative or vicarious agent either intentionally or through gross negligence.
10.2 This limitation of liability shall not apply if the damage is due to a culpable breach of material contractual obligations by us or by a legal representative or a vicarious agent. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
10.3 All rights and obligations, in particular with regard to liability and warranty from the contractual relationship between you and the Expert:in result from the terms and conditions of the respective Expert:in applicable to your order.
10.4 We neither warrant nor guarantee the reliability, completeness, usefulness and quality of the services. Provisions regarding these aspects are conclusively made in the terms and conditions of the respective Expert:in, for which the respective Expert:in is responsible. In the event that any defects in completeness, usefulness or quality or any other defects in the Services are due to incorrect information provided by You on the Vulvani Platform or in the course of the order process, any liability on our part is excluded. The liability of the expert(s) is based on their respective terms and conditions.
For technical reasons, we cannot guarantee the permanent and complete availability of the servers on which our services are operated. At times, the availability of our website or individual services – especially due to the necessary performance of maintenance or repair work – may therefore be limited. We will inform you in good time about the performance of planned maintenance work and its scope by means of a notice on our website. If the system should fail unexpectedly, we will inform you about the extent and duration of the failure as soon as possible.
12.1 For the use of our Vulvani platform within the framework of the license agreement, the provisions of rental law apply. Maintenance measures such as troubleshooting, updates or further developments are part of our service.
12.2 Adjustments, changes and additions to our platform services as well as measures that serve to determine and remedy malfunctions may lead to a temporary interruption or impairment of accessibility. Major maintenance work that could lead to a malfunction of our services will be carried out outside normal business hours if possible.
12.3 You may not transfer our services to third parties for commercial use.
12.4 You must ensure that you always use the latest version of our platform. When using older versions, it may be that these do not provide all functionalities and services.
12.5 Links or functionalities on our platform may take you to third-party websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable by a change in the address line of the browser or a change in the user interface.
12.6 We reserve the right to change, adapt and increase or reduce the functional scope of our platform services as well as the documents and attachments related thereto, taking into account your interests, provided that we do not thereby violate our contractually assumed material contractual obligations towards you.
12.7 We secure our systems against virus attacks. Nevertheless, a virus attack can never be completely excluded. In addition, it may happen that unauthorized third parties send messages using our name without our consent, which contain viruses or so-called spyware, for example, or link to web content that contains viruses or spyware. We have no influence on this. You should therefore check all incoming messages sent under our name. This also applies to any messages from other users.
12.8 We are not responsible for any damage or loss of data that may be caused by the installation of software not originating from us on your end devices.
12.9 You agree that you will not, under any circumstances, share your User Account information or use the User Account of any third party. If a third party uses your user account after having obtained the access data because you have not sufficiently secured them against unauthorized access, you must allow yourself to be treated as if you had acted yourself.
12.10 In the event of a justified suspicion that access data has become known to unauthorized third parties, we are entitled for security reasons to change the access data independently or to block your user account without prior notice. We will inform you immediately and provide you with the new access data within a reasonable period of time. You have no right to demand that the original access data be restored.
12.11 You must inform us immediately as soon as you become aware that unauthorized third parties are aware of the access data to your user account or that unauthorized third parties are using your terminal device. We point out that access data should be changed regularly for security reasons.
12.12 When using our platform, you are prohibited from violating
The law of the Federal Republic of Germany applies. If you act as a company or are a merchant in the sense of the HGB, our registered office is the place of jurisdiction for all disputes arising from this contract. In the case of contracts with consumers, the statutory provisions on the respective competent court shall apply.
Information on online dispute resolution for consumers: We draw your attention to the possibility of online dispute resolution (so-called “ODR platform”). Consumers can use the ODR platform as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase or service contracts. The ODR platform can be accessed at the following link: http://ec.europa.eu/consumers/odr.
We are neither willing nor obliged to participate in the resolution of disputes via this ODR platform.
15.1 Amendments and supplements to the GTC as well as to the entire contract existing between us must be made in text form to be effective. Amendments and supplements to the contract that are (have to be) made by us due to changed legal or technical requirements for our service provision and that do not have a negative impact on the services to which you are entitled shall become effective if you do not object to an amendment in text form within one month after receipt of an amendment notification and we have informed you in advance of your right to object. If you object to the change, the contract shall continue to apply unchanged and we shall be entitled to extraordinary termination of the contract with one month’s notice to the end of the next calendar month. Changes and additions to the contract that we wish to make due to changed performance, compensation or other commercial or operational requirements will only become effective if you expressly agree to them. This consent can be given by clicking a consent button in the change notice (e-mail or pop-up in the context of using our services) or in any other simple & transparent way provided by us for you. The text form also applies to a change of this form clause. The priority of individual side agreements remains unaffected. The aforementioned deadlines do not apply and there is only a right to information about changes to the contract, provided that the changes are necessary to avert an unforeseen and imminent danger to protect you from fraud, malware, spam, violations of data protection or other cybersecurity risks.
15.2 Both parties are entitled to transfer the contract to a company affiliated with them, a legal successor or a company taking over the respective services. They shall inform each other of this in text form in the context of the planned transfer.
15.3 Should any provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC shall remain unaffected, unless the omission of individual clauses would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.
Status: January 2023