Scentarium App Version: March 2025
1. Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal transactions between Sela Zentrum GmbH, Gartenstadtstrasse 7, CH-3098 Köniz (hereinafter referred to as the “Provider”) and you as the buyer (hereinafter referred to as the “Customer” or “Buyer”) in connection with the use of the Scentarium App (hereinafter referred to as the “App”).
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
An entrepreneur is a natural or legal person or a legal partnership who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
The Provider performs all described services solely on the basis of these General Terms and Conditions. Any deviating business conditions of the Buyer will not become part of the contract, even if the Provider does not expressly object to their validity.
2. Subject of the Contract
The parties agree that the App may include content requiring the Buyer’s free, active, and self-responsible engagement, and specific outcomes from the Provider cannot be guaranteed.
Digital products are provided to the Customer in electronic form as a login within the App on the website. The contents of the App are visible on the Provider’s website. The agreed contents and services at the time of booking apply.
The Provider grants the Customer a non-exclusive, geographically and temporally unlimited right to use the digital content provided for private purposes. The contents may not be shared with or duplicated for third parties, unless the Provider has previously granted written permission.
If a “Lifetime Access” to the App is granted, this refers to the ability to access content for the entire lifespan of the App as long as it is available on the website. This means the Buyer can use the App as long as it exists and is not removed from the market.
3. Conclusion of the Contract
The presentation of the App’s contents on the website does not constitute a binding offer by the Provider. Only the conclusion of a subscription by the Customer constitutes a binding offer.
A subscription is concluded through an automated order process on the App’s website.
There is no entitlement to conclude a contract. The Provider is entitled to reject contract offers without giving reasons.
4. Payment Terms
The prices specified at the time of order apply.
The purchase price is due immediately upon ordering. Payment is made via the payment methods provided in the purchase process.
Invoices must be paid within 7 days as of the invoice date to the account specified on the invoice.
If a payment is not made, the Customer is automatically in default.
If the Customer continues to fail to pay, the Provider may immediately take legal action without further communication or reminder.
The Provider reserves the right to suspend access to the contents of the App temporarily or permanently in case of payment default by the Customer.
The Customer can only offset claims of the Provider with undisputed or legally established counterclaims.
5. Termination
The Customer can choose between a monthly or annual subscription.
The subscription can be canceled at the end of the respective term and must be canceled in the app settings at least one (1) day before the end of the respective term. Cancellation outside the app cannot be processed and is therefore invalid.
If no notice of termination is given, the term of the subscription shall be extended by the respective term booked, i.e.
- for monthly subscriptions by a further month
- for annual subscriptions by a further year.
An extraordinary right of termination remains unaffected.
6. Rights and Obligations of the Provider
The Provider may involve third parties to fulfill its services without requiring the Customer’s written consent. The Provider remains responsible for the contractual service provision through involved third parties.
7. Rights and Obligations of the Customer
The Customer is responsible for providing and ensuring Internet access (hardware, telecommunications connections, etc.) and other necessary technical facilities and software (especially web browsers and PDF programs, such as Acrobat Reader®) for using the App at their own expense and risk.
The Customer is responsible for their physical and mental health and actions before, during, and after the entire cooperation and acknowledges that all steps and (implementation) measures undertaken by them are within their own responsibility.
The App content does not constitute medical treatment by a licensed physician or replace it in any way. The use and implementation of the content are expressly at the Customer’s own risk.
The use of the App content requires a healthy mental and physical resilience. The App is not a substitute for medical or psychological treatment. If the Customer is under medical or psychological treatment, they must consult their physician or psychologist before booking.
8. No Guarantee
The Provider does not guarantee the desired or planned success or the achievement of set goals in connection with using the App.
9. Copyright and References
The Provider is the rights holder of the contractual services. All designs and works created by the Provider are protected by copyright and directed at granting usage rights to the work services. Transfer to third parties is expressly prohibited.
10. Confidentiality
The parties agree to confidentiality regarding the contract contents and the App’s content and any knowledge acquired during the contract processing and use of the App.
The confidentiality obligation continues even after the termination of the contractual relationship.
11. Data Protection
The Provider ensures that personal data of Customers are only collected, stored, and processed to the extent necessary for the contractual service provision and as permitted by legal provisions or mandated by law. The Provider will treat personal data confidentially and in accordance with applicable data protection laws and will not disclose it to third parties unless necessary to fulfill contractual obligations and/or if there is a legal obligation to transfer data to third parties.
Further information on data protection and the purpose, type, and scope of the collection, processing, and use of personal data on the website is available in the Privacy Policy, accessible at https://Scentarium.info/privacy.
12. Withdrawal
Consumers in the European Union have a right of withdrawal as per the following conditions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity.
A. Right of Withdrawal Notice
You have the right to withdraw from this contract within fourteen (14) days without giving reasons.
The withdrawal period is fourteen (14) days from the day of the contract conclusion.
To exercise your right of withdrawal, you must inform us (Sela Zentrum GmbH, Gartenstadtstrasse 7, CH-3098 Köniz, info@sela.info, Tel.: +41 31 842 12 00) of your decision to withdraw from this contract through a clear statement (e.g., letter or email).
You may use the attached withdrawal form, though it is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the withdrawal right before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you without delay and no later than fourteen (14) days from the day we received the withdrawal notice. We will use the same payment method used in the original transaction unless expressly agreed otherwise; in no case will you be charged fees for the refund.
If you requested the services to begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of services provided until the point at which you informed us of your withdrawal from this contract relative to the full scope of services specified in the contract. If the service has been fully provided before the withdrawal period expires, the right of withdrawal is extinguished.
B. Withdrawal Form
If you wish to withdraw from the contract, please complete and return this form to:
Sela Zentrum GmbH
Gartenstadtstrasse 7
CH-3098 Köniz
info@sela.info
Tel.: +41 31 842 12 00
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:
Ordered on () ____________ / received on () __________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notifying on paper)
Date
(*) Delete as appropriate
13. Liability
The Provider is liable for intent and gross negligence and for damages resulting from injury to life, body, or health without limitation.
The Provider is liable for negligent breach of duties essential to the proper performance of the contract, whose violation jeopardizes achieving the contract’s purpose, and on whose compliance the Customer regularly relies. In the latter case, however, the Provider is only liable for foreseeable, contract-typical damages. The Provider is not liable for the slightly negligent breach of duties other than those mentioned above.
Furthermore, liability is excluded as far as legally permissible.
Similarly, no liability or guarantee is assumed for the timeliness, accuracy, adequacy, and/or completeness of the content, neither expressly nor implicitly.
Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. The Provider is not liable for the continuous and uninterrupted availability of the App or online offerings.
The limitations of liability apply accordingly to the Provider’s legal representatives, agents, and vicarious agents.
14. Final Provisions
Changes to these GTC will be communicated to the Customer in writing or by email. If the Customer does not object to these changes within two weeks of receiving the notice, the changes are deemed accepted by the Customer. In the event of objection, the Provider has the right to terminate the contractual relationship with the Customer at the intended time of the change.
To the extent permissible, Swiss law applies to disputes arising from or in connection with these GTC, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Köniz, Switzerland.
If any provision of this contract is or becomes invalid or contradicts legal regulations, the remaining provisions of this contract shall remain unaffected. The invalid provision will be mutually replaced by a legally valid provision that most closely reflects the economic intent and purpose of the invalid provision. This provision applies accordingly in the event of contractual gaps.
