1. Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all services and products offered by Berchtold Informatik (hereinafter "Provider") in the context of AstroDNA. By using the services of the Provider or ordering its products, the customers (hereinafter "Customer") accept the following terms and conditions unchanged and in their entirety. 1.2 The GTC apply exclusively. Contrary or deviating terms and conditions of the Customer shall only apply if the Provider confirms them in writing.
2. Subject matter
2.1. The Provider operates the platform "AstroDNA" (hereinafter "AstroDNA") for astrological analyses (hereinafter "Analysis"), astrological consultations (hereinafter "Coaching") and astrological software (hereinafter "Software"). The customer can obtain online analyses, coaching and software subscriptions (hereinafter "Subscription").
2.2. The subject matter of these GTC is the use of services and the ordering of products offered by the Provider to the Customer via AstroDNA on the following sales channels: The websites and mobile applications of astrodna.ch, astro-dna.ch, astrodna.us, astro-dna.us, astrodna.eu, astro-dna.eu, astrodna.de, astro-dna.de, bazi-dna.de, bazi-dna.ch, bazi-dna.com and astro-dna.com (hereinafter generally "Webshop").
2.3. The subject of these GTC is the granting of the right to use functions to be determined of the Software installed on servers of the Provider or its contractual partners via the Internet. The customer does not receive any rights to the software including the associated documentation. The usage regulations, the scope of functions and the performance description of the software are to be taken from the manufacturer's documentation. The customer has no right to use a specific version of the software. A further subject matter of the contract is the provision of memory space for data storage and processing. The respective valid limits are published on the product website.
2.4. Insofar as the Provider provides services free of charge, the Customer shall have no claim to their performance. The Provider is authorized to discontinue or change such services, which were previously provided free of charge, at any time or to offer them only against payment.
2.5. The Provider and its contractual partners shall provide the server platform including all hardware and software for the operation and control of the service.
2.6. The Provider enables technically and organizationally the exchange of data and information (hereinafter "Data").
2.7. The agreement to these GTC is made by clicking on the corresponding field in the webshop before using the corresponding services or ordering the products, or by actually using the services and products. By doing so, the Customer acknowledges that the Provider considers the use as acceptance of these GTC by the Customer.
3.1. The content and scope of the services to be provided by the Provider result from the description in the Provider's webshop. The Provider may change or discontinue the offer in whole or in part at any time.
3.2. The Provider enables the conclusion of a contract between the Customer and the Provider via the webshop. The contract for the order of an analysis, coaching or subscription is concluded exclusively between the customer and the Provider, based on these GTC and the service description of the Provider valid at the time of conclusion of the contract.
4. Conclusion of the "Analysis" Contract
4.1. Order of the customer
The overview of the available analyses provided in the webshop is only an invitation for the customer to submit an offer. The customer makes his selection via the webshop. The selection made is displayed in the shopping cart of the webshop. By confirming the order, the customer makes a binding offer to purchase the selected analysis. The customer is obliged to provide all information required during the ordering process completely and correctly.
For the online order, the customer must identify himself in the webshop with his e-mail address and with his password (hereinafter "access data"; the corresponding user account the "online account"). If the customer does not yet have an online account, he will be asked to register in the webshop with the required information when placing his first online order. The access data provided to the customer are intended for personal use by the customer and are to be treated confidentially. All online orders placed via the online account shall be attributed to the customer as the online account holder and shall be binding for the customer.
4.3. Order confirmation
After completion of the order process, the customer receives an order confirmation by e-mail. Upon delivery of the order confirmation, the contract between the Provider and the customer becomes binding.
5. Conclusion of the "Subscription" Contract
5.1. Order of the customer
The overview of available subscriptions provided by the webshop is merely an invitation to the customer to submit an offer. The customer makes his selection via the webshop. The selection is displayed in the form of order buttons in the webshop. By confirming the order, the customer makes a binding offer to subscribe to the selected subscription. The customer is obliged to provide all information required during the ordering process completely and correctly.
To use the software, the customer must identify himself in the webshop with his e-mail address and password (hereinafter referred to as "access data"; the corresponding user account is the "software account"). If the Customer does not yet have a Software Account, the Customer will be prompted to register in the Web Shop with the required information when using the Software for the first time. The access data provided to the customer are intended for personal use by the customer and are to be treated confidentially. All subscription orders placed via the software account shall be attributed to the customer as the software account holder and shall be binding for the customer.
5.3. Order confirmation
After completion of the order process, the customer will receive an order confirmation by e-mail. Upon delivery of the order confirmation, the contract between the Provider and the Customer becomes binding.
6. Conclusion of the "Coaching" Contract
6.1. Order of the client
The overview of the available consultations provided in the webshop is only an invitation for the customer to make an offer. The client makes his selection via the webshop. The selection is displayed in the form of order buttons in the webshop. By confirming the order, the customer submits his binding offer to purchase the selected coaching. The customer is obliged to provide all information required during the order process completely and correctly.
6.2. Order Confirmation
After completion of the order process, the customer receives an order confirmation by e-mail. With the delivery of the order confirmation the contract between the Provider and the customer becomes binding.
7. Delivery of the Analysis
7.1. Electronic delivery of the analyses
The delivery or the dispatch of the analysis takes place by e-mail with PDF file of the analysis and online by means of direct display of the analysis in the browser of the customer. The Customer acknowledges that it is his own responsibility and risk to have all the technical equipment necessary to receive the analysis. The customer can view the analysis again within the "My Horoscopes / Purchase History" area online for a period of 12 months from the date of sale, provided that he does not delete the corresponding person account within his online account. After the expiration of the 12 months, the purchase history for this analysis will be deleted by the Provider without replacement without further or prior notice.
7.2. Obligation to check and give notice of defects
The customer is obliged to check the analysis immediately after receipt. In particular, the customer is obliged to check whether the personalized information printed on it (date of birth, time of birth, place of birth) is correct. Damage to the analysis or deviations of the electronically delivered analyses from the ordered analyses must be reported by the customer to the Provider within 3 working days. If the customer fails to do so, the delivered analysis shall be deemed approved.
8. Use of the software
8.1. Availability of the Service
The Provider does not guarantee the uninterrupted usability or accessibility of the Service. Liability for service interruptions is excluded.
8.2. Obligation to check and give notice of defects
The customer is obliged to check the software, the subscription and the software products immediately after receipt. In particular, the customer is obliged to check whether the personalized information published on the software (date of birth, time of birth, place of birth) is correct. Damage to or errors in the software, subscription or software products or deviations of the electronically accessible software or subscription from the ordered subscription must be reported by the customer to the Provider within 3 working days. If the customer fails to do so, the software or subscription made available shall be deemed to have been approved.
8.3. Obligations of the Customer
8.3.1. The customer is responsible for his own hardware and software components as well as his access to the Internet.
8.3.2. The customer is responsible for ensuring that the applicable legal provisions, these GTC, any third-party usage regulations and additional instructions from the Provider are complied with when using the service. The Customer is responsible for the content of the data transmitted to the Provider. The Provider assumes that the transmitted data is neither illegal nor immoral and does not violate the rights of third parties. Any cost claims by third parties against the Provider arising from an infringement shall be reimbursed to the Provider by the Customer.
8.4. User fees and terms of payment
8.4.1. The customer owes the Provider a monthly or annually recurring usage fee. The fees depend on the selected subscription and are due in each case before the start of the contract period. The prices published on the product website are valid for one contract period. The Provider expressly reserves the right to change prices for subsequent contract periods. Price changes shall be announced to the Customer at the latest 1 month before the expiry of the current contract period to the e-mail stored in the software account.
8.4.2. After expiration of the agreed payment period the customer is in default without reminder.
8.5. Data protection, system and data security
8.5.1. The Provider and the auxiliary persons employed by it are obliged to treat data confidentially.
8.5.2. The Customer confirms that he has been made aware by the Provider of the existing security risks through the use of the Internet and Internet technologies. The Customer shall ensure the security of the systems, programs and data within its sphere of influence. He will keep passwords and user names secret from third parties. It is agreed that each login with the appropriate user name and password is considered to have been made by the customer.
8.5.3. The Provider shall, in its own estimation, take suitable, economically reasonable measures to protect the services and systems within its sphere of responsibility against unauthorized access or attacks from outside in accordance with the current state of technology. In doing so, the Provider does not provide any guarantee or warranty whatsoever for protection against unauthorized external access.
8.5.4. The Provider shall carry out planned system interruptions, e.g. maintenance intervals, during which the service may be temporarily unavailable, at off-peak times if possible. It will then interrupt the operation of the service if this is necessary for important reasons (e.g. in the event of malfunctions or risk of misuse). Customers do not have any claims for damages against the Provider as a result.
8.5.5. The data of the Customer, which the Customer stores or uses on the server of the Provider or its contractual partners, shall be backed up daily by the Provider with due diligence. In the event of loss, the Provider shall restore lost data from the latest available backup.
8.5.6. The Customer knows that the Provider can view all data made accessible to it at any time from a technical point of view. Data will be stored, processed and evaluated by the Provider for the duration of the contractual relationship to the extent necessary to fulfill the purpose of the contract. The Provider will not forward any data of the Customer to third parties without the Customer's consent. However, data will be made available to third parties if the Provider is obliged to do so by law.
8.5.7. Information on usage behavior (time, number and duration of connections) is stored for monitoring purposes.
8.6. Suspension of use
8.6.1. The Provider is entitled to suspend the service used by the Customer in whole or in part with immediate effect if and as long as the Customer is in default of payment or violates contractual obligations despite a reminder.
8.6.2. A suspension is also possible if it is likely that the use of the service by the customer or data of the customer violate the rights of third parties or violate the law and morality, as well as if the behavior of the customer in any way affects the server of the Provider. In this case, the duration of the suspension shall be based on the duration of the clarification as to whether a violation of rights has occurred or the duration of the violation of rights.
8.6.3. The Customer shall not be entitled to any claims for damages as a result of the suspension. The customer shall remain obligated to pay the usage fees even during the period of suspension.
8.7. Duration of contract, termination
8.7.1. The contract shall commence upon conclusion of the contract in accordance with Section 5 and shall be valid for the selected period, i.e. one month or one year. The contract period shall be extended by a further month or year if the contract is not terminated in writing or electronically before the end of the current period.
8.7.2. The right to terminate the contract without notice for good cause remains unaffected. In particular, the Provider has the right to terminate without notice if the Customer does not comply with the provisions of the GTC despite having been warned, if the Customer does not fulfill his obligation to pay the fees despite having been warned, if the Customer becomes bankrupt or if the bankruptcy is discontinued due to a lack of assets.
8.7.3. If the Provider terminates the contract without notice, the Customer's payment obligation shall remain unaffected, i.e. any outstanding fees must still be paid.
9. Delivery of the Coaching
9.1. Electronic delivery of the analyses
The delivery or the dispatch of the Coaching takes place by e-mail with PDF file of the Coaching. The customer acknowledges that it is his own responsibility and risk to have all the technical equipment necessary for the receipt of the Coaching.
9.2. Obligation to check and give notice of defects
The customer is obliged to check the Coaching immediately after receipt. In particular, the customer is obliged to check whether the personalized information printed on it (date of birth, time of birth, place of birth) is correct. Damages of the Coaching or deviations of the electronically delivered Coaching from the ordered Coaching have to be reported by the customer to the Provider within 3 working days. If the customer fails to do so, the delivered Coaching is considered as approved.
10. Copyrights and rights of use
10.1. Any trade with acquired analyses, coaching or software including their products, namely for industrial or commercial purposes, is prohibited. Violations can lead to claims for damages as well as for the loss of profits against the original customer. Persons who violate these provisions may be excluded from the analysis, coaching and software purchase.
10.2. If the customer is in possession of a corresponding valid software subscription with a commercial license, the customer receives a simple (non-exclusive) and spatially unrestricted right to use the software products in an economic manner. Software products in this sense are horoscope calculations with graphics, tables, texts and similar representations created by the software, based on personal data, which were created during the valid subscription period with a commercial license and are located in the customer's software account (hereinafter "software products").
The Software Products may be used for as long as the Customer has a valid software subscription with commercial license. The right of use is not transferable to third parties. The Software Products may not be modified.
10.3. The Webshop as well as the entire contents accessible via the Webshop, software including its products, analyses, coaching and services of the Provider (hereinafter referred to as "Contents") are protected by copyright and belong exclusively and comprehensively to the Provider, unless otherwise specified. The webshop may contain references to third party property rights and rights of use, which must be observed by the customer. The (complete or partial) modification, linking or use of the contents for public or commercial purposes is prohibited without the prior written consent of the Provider. 10.4. Any modification or imitation of the contents, be it analysis, coaching, software including their products, is expressly prohibited.
11. Advertising and raffle
11.1. Without the express prior consent of the Provider, the Customer is not permitted to use analyses, coaching, software including their products and other content in its advertising directed at the general public and/or for raffles.
12.1. The prices for analyses, coaching, software accessible via the webshop or shown or communicated there are inclusive of value added tax (where applicable).
12.2. The sales price displayed in the webshop includes the analysis, coaching or subscription price of the Provider excluding any payment and shipping fees. The fees applicable to the respective delivery method and/or payment method are displayed in the shopping cart during the order process in the webshop or communicated to the customer.
13.1. Online order
Payment is made by means of the payment methods offered by the Provider. It is at the discretion of the Provider to decide which payment methods are allowed.
13.2. Advance payment
The customer is obliged to pay in advance. The analysis will be dispatched, made available and handed over within 24 hours, or the software subscription will be activated within 72 hours, or the coaching within 12 weeks after the Provider has received the Customer's payment, irrespective of the method of payment.
14. Cancellation, return, refund, rewrite and exchange
The Analysis, Coaching and Software are incorporeal and of pure digital content. "Digital Content" is data that is produced and provided in digital form. Whether this data is downloaded in its entirety, stored and subsequently made visible, or is already made visible in real time during the download (streaming), is irrelevant. Digital contents are thus provided "incorporeally", i.e. by download on the Internet, by e-mail, etc.
14.2. Expiration of any right of revocation
If a legally binding right of revocation of the customer applies, the customer takes note of the following: The Provider begins immediately with the data transmission, i.e. before the expiration of the revocation period, with the execution of the contract. The customer gives his express consent to this by clicking on the appropriate field during the ordering process. Thus, the customer's right of withdrawal expires at the beginning of the execution of the contract.
14.3. Return, refund, rewrite, exchange
A return, refund, exchange or rewriting of the analysis, coaching or software, subscription or software products is generally excluded. If it is an obvious error on the part of the Provider, real compensation is offered, provided that the customer has fulfilled his obligation to check and complain in accordance with paragraph 7.2, 8.2 or 9.2. An obvious error is the non-correspondence of the personal data used (date of birth, place of birth, time of birth) between the entry in the webshop and the analysis, coaching or software product. The list is exhaustive. In case of non-obvious errors such as not liking the analysis, coaching or software including its products, not matching the analysis, coaching or software including its products, incorrect entry of personal data (date of birth, place of birth, time of birth, gender, nickname, email) in the webshop or the like, the return, refund, exchange or rewriting of the analysis, coaching or software, subscription or software products is excluded. The Provider can allow an exception in individual cases as a gesture of goodwill, usually in the form of real replacement. However, no generally enforceable right is derived from this. It is up to the Provider to determine both the exception and the form of the exception (real replacement, refund of the price).
14.4. Processing of the return and reimbursement
If the Provider agrees to a return and refund as well as the processing according to this section 14.4, the customer is entitled to a refund of the price under these conditions. The customer must send the analysis, coaching or software, subscription, software product to the address provided by the Provider no later than 30 days after purchase. After the expiration of 30 days, any claim for refund expires. In case of payment by credit card or PayPal, the Provider will credit the corresponding amount to the card or account used for the payment within four weeks after receipt of the said artifacts. Any claim for a refund is only due to the customer noted on the order and is not transferable.
14.5. Processing of exchanges and rewrites (hereinafter "real replacement")
If the Provider agrees to a real substitute as well as the processing according to this section 14.5, the customer is entitled to a real substitute under these conditions. The customer must send the analysis, coaching or software, subscription, software product together with the correct personal data (date of birth, time of birth, place of birth, gender, nickname) and the specification of the desired analysis, coaching or software, subscription, software product according to the offer in the webshop to the address provided by the Provider no later than 30 days after the purchase. After the expiration of 30 days, any claim for real replacement expires. The Provider will send the customer a new analysis, coaching or software, subscription or software product after receiving the above information. Any claim for real replacement is only available to the customer noted on the order and is not transferable.
15. Duty of care
15.1. The Provider provides its services on the basis of astrology. The principles, effects and conclusions of astrology cannot be objectively proven and evaluated according to the knowledge of science and technology. Although the Provider provides its services with the utmost care and to the best of its knowledge and belief, it can neither guarantee nor assume liability for the accuracy of the content of the analysis, coaching or software including their products. Accordingly, the implementation of any recommendations for action contained in the analysis, coaching or software, including their products, shall be at the customer's own risk.
15.2. The Customer is aware that the Provider provides its services via the Internet or by using communication networks. Temporary impairments or interruptions in the provision of services by the Provider may occur, in particular as a result of technical malfunctions, operational disruptions and disruptions or interruptions in communication networks and as a result of a failure of IT infrastructures, telephone network lines or other parts of the infrastructure used for the provision of services. The Provider therefore provides no guarantee for the uninterrupted availability and faultlessness of its services.
16. Liability of the Provider
16.1. In the event of breaches of its own contractual obligations arising from these GTC, the Provider shall be liable to the Customer without limitation for direct and proven damage caused by the Provider through unlawful intent or gross negligence.
16.2. Liability is expressly excluded for slight and medium negligence as well as for indirect or consequential damages. Consequential damages include, but are not limited to, loss of profit, damage to reputation and loss of data as a result of temporary impairments or interruptions in the availability of the services of the Provider and as a result of failure of the webshop, transmission errors, untimely delivery of analyses, coaching, software, subscriptions, software products as well as incorrect price or service information and errors in confirmations. Also excluded is any liability of the Provider for content on websites of organizers and other third parties that refer to the webshop of the Provider or to which the webshop of the Provider refers.
16.3. The risks of misuse or loss of access data lie exclusively with the owner of the online or software account. The Provider assumes no liability in the event of loss. In the event of technical malfunctions and operational failures, the online or software account holder shall not be entitled to any compensation. In case of refusal or withdrawal of the online or software account, no claims for damages can be asserted.
17. Liability of the Customer
17.1. The customer is liable to the Provider without limitation.
17.2. The Customer is obligated to reimburse the Provider for any expenses incurred in connection with the unauthorized use or misuse of the Customer's access data and/or the careless, unauthorized or improper use of the online or software account. Furthermore, the customer is obligated to compensate the Provider for any damage incurred in connection with the unauthorized use of additional or modified printouts, reproductions, copies or imitations of the analyses, coaching or software ordered by him, including their products, or with the unauthorized commercial use of the software, including its products.
18. Final Provisions
18.1. The place of performance for the contractual services of the Provider is the registered office of the Provider.
18.2. Customer waives the right to offset claims against Provider.
18.3. The Provider reserves the right to change these General Terms and Conditions at any time.
18.4. Should one or more provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the provision to be replaced. The same shall apply mutatis mutandis in the event that these GTC should contain a regulatory gap.
18.5. These GTC and any disputes arising from or in connection with the relationship between the Provider and the Customer shall be governed exclusively by Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
18.6. The exclusive place of jurisdiction for all disputes between the Provider and the Customer is the Provider's registered office. However, the Provider is entitled to sue the customer at his domicile.
Bachenbülach, 2022, March 23rd