Terms and conditions

II: General Terms and Conditions of the 5-E™ Veterinary Practice for Veterinary Consultations via DGT MEDICAL

1. Scope and Conclusion of Contract

These General Terms and Conditions apply to the services of the 5-E™ Veterinary Practice provided through the “DGT MEDICAL” portal accessible at www.dasgesundetier-medical.com.
More information about the veterinary practice can be found at https://www.tierarztpraxis-thomasbackhaus.de/.

The portal is an online platform operated by Herbac International GmbH, where information related to animal health is provided and where users can request consultations with the veterinarians of the Thomas Backhaus Veterinary Practice regarding their animals’ health concerns. Users may schedule a binding appointment for a paid video consultation with veterinarians via the platform.

Paid services such as veterinary consultations are intended solely for users aged 18 and older.

A contract for veterinary consultation services with a veterinarian pursuant to Section 3 is concluded upon completion of the online appointment booking. The Thomas Backhaus Veterinary Practice offers available consultation appointments via the portal. By clicking the button “Book paid consultation,” the user accepts the offer to conclude the contract. Herbac International GmbH will immediately confirm the appointment to the user by email on behalf of the Thomas Backhaus Veterinary Practice.

The contract language is exclusively German.

2. Rights and Obligations of the Parties

Use of the Portal

Users may not perform any actions that could disrupt the portal or its technical infrastructure. This includes:

The use of software, scripts, or databases related to portal usage.
Blocking, overwriting, modifying, or copying data unless necessary for proper use of the portal.

Measures in Case of Violations

If a user violates these Terms and Conditions, Herbac reserves the right to temporarily suspend, deactivate, or—in severe cases—permanently delete the user’s account.
Even in the event of a mere suspicion of a violation, Herbac may take protective measures as necessary.

Liability and Compensation

In the event of a violation of these Terms and Conditions, the user is liable for any resulting damages and must indemnify Herbac against all costs and damages arising from such violation. Herbac’s further rights remain unaffected.

Operation of the Portal

Herbac makes every effort to ensure the smooth operation of the portal and related technical infrastructure but limits responsibility to areas under its direct control.

Responsibility for Consultations

The Thomas Backhaus Veterinary Practice bears no responsibility for consultations provided by non-veterinary personnel (such as nutritionists or animal health practitioners) employed by Herbac International GmbH.

3. Telemedical Consultations by Veterinarians

Telemedical consultations via the portal are provided exclusively by qualified veterinarians in accordance with applicable professional regulations (particularly the applicable professional code). When the user books a paid consultation with one of our veterinarians, the following conditions apply:

(a) The parties acknowledge that telemedical diagnostics may not be conclusive in every case and may result only in a preliminary or suspected diagnosis.
(b) Prescription-only medications cannot be prescribed solely on the basis of telemedical diagnostics, except for follow-up prescriptions when the prescribing veterinarian has previously performed a thorough clinical examination.
(c) Billing for veterinary consultations is carried out in accordance with the currently valid Schedule of Fees for Veterinarians (GOT) and the provisions of Section 4.

4. Conclusion of Contract

Users can book an appointment for a video consultation with a veterinarian of the 5-E™ Veterinary Practice via the DGT MEDICAL online booking system.

Booking as a Registered User

The user must register with a Das Gesunde Tier user account to book an appointment. Users may select an existing animal profile or create a new one by providing details (breed, name, sex, neuter status, date of birth).

Insurance Information

If the user's animal is insured, the user may enter the relevant insurance details. Invoices will be issued in a format suitable for claim submission. The user is responsible for submitting claims to the insurance provider.

Booking Process

During the booking process, the user selects the desired service and available appointment. Users may upload images or documents to describe their concerns. To complete the booking, contact details (name, address, phone number, email) must be provided.

Payment Methods and Data Correction

The user selects a payment method and confirms the billing address. Entered data can be corrected at any time by modifying the respective fields. All required information must be complete and accurate.

Acceptance of the Terms and Conditions

Users may download or print the DGT MEDICAL and 5-E™ Veterinary Practice Terms & Conditions. By clicking “Book appointment,” the user accepts both sets of Terms and Conditions and submits binding offers:

to Herbac for the use of the portal
to the 5-E™ Veterinary Practice for the paid consultation.

Booking Confirmation

After successful booking, the user receives a confirmation email containing the contract text. This confirmation constitutes acceptance of the contract for the video consultation.

5. Right of Withdrawal for Paid Services

Definition of Consumer

The withdrawal right applies to users acting as consumers under § 13 BGB, i.e., individuals using the service for non-commercial purposes.

Withdrawal Right

Users have the right to withdraw from the contract within 14 days without giving reasons.

Exercising the Withdrawal Right

To exercise the right of withdrawal, the user must notify the Thomas Backhaus Veterinary Practice via a clear statement (letter, fax, or email). The sample withdrawal form may be used but is not mandatory.

Timely dispatch of the withdrawal notice before the deadline is sufficient.

Consequences of Withdrawal

If the user withdraws from the contract, all payments received by Herbac will be refunded within 14 days using the same payment method unless otherwise agreed.

Start of Service Within the Withdrawal Period

If the user expressly requests that services begin during the withdrawal period, Herbac may charge for the proportion of services provided up to the time of withdrawal.

6. Product Orders

Responsibility for Products and Recommendations

Veterinarians and consultants on the DGT MEDICAL platform provide independent product recommendations. These may include products of Herbac International GmbH, known for high quality. Products are available at www.dasgesundetier.de.
Veterinarians and consultants are not liable for product performance.

Product Responsibility

Responsibility for all DGT MEDICAL products lies solely with Herbac International GmbH. These products are publicly available and independent of veterinary consultations.

Conclusion of Contract for Product Orders

Contracts for product orders are concluded exclusively with Herbac International GmbH. User inquiries constitute binding offers that Herbac accepts upon confirmation.

7. Prices and Payment Terms

Prices listed on the DGT MEDICAL portal are gross prices including VAT.

Payment Due

The consultation fee is due immediately upon appointment booking.

Payment Methods

Users may pay by credit card, PayPal, Apple Pay, or Google Pay.

Credit card (Visa, MasterCard): charged upon contract conclusion or invoicing.
PayPal: immediate payment after confirmation.
Apple Pay: available through Safari for registered Apple users.
Google Pay: available for registered users.

Invoices are sent via email.

8. Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this applies only if mandatory protections of their country of residence are not restricted.

9. Exception for Non-EU Consumers

The choice of German law does not apply to consumers outside the EU. National law of the user applies in such cases.

10. Place of Jurisdiction

If the user is a merchant or public legal entity in Germany, the place of jurisdiction is the business seat of Herbac.
For users outside Germany acting commercially, the same applies.
Herbac may alternatively choose the user’s jurisdiction.

11. Alternative Dispute Resolution

The EU Commission provides an Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
Herbac is neither obliged nor willing to participate in consumer arbitration proceedings.

12. Final Provisions

If individual provisions of this contract are invalid, the remainder remains effective.
Herbac's services are based exclusively on these Terms and Conditions; conflicting user terms are not accepted.