General Terms and Conditions of Business and Use
The use of the services offered by Canify Clinics GmbH, Schützenstraβe 20,
1. Subject matter and scope
Explanation: This section explains when these Conditions will apply and what conditions must be met in order for you to enter into a valid contract or agreement with the Provider. In addition, you will be informed under which conditions the Provider also accepts conditions that diverge from these.
(1) These Conditions refer to the entire range of services offered by the Provider and available to you within the framework of the online platform at www.canifyclinics.com as well as the associated sub-domains or in the physical branches. They are intended to govern the contractual relationship between you and the Provider conclusively or at least in large part and generally apply to all contracts that the Provider concludes with you within the scope of the service offer.
(2) Please note that the Provider does not recognise deviating conditions. Conditions in derogation herefrom shall apply only if the Provider unilaterally declares something different to you expressly, in writing (e.g. by letter), or expressly concludes an agreement in derogation herefrom with you in writing.
(3) The range of services offered by the Provider is aimed exclusively at consumers within the meaning of § 13 of the German Civil Code (BGB). Entrepreneurs within the meaning of § 14 BGB (German Civil Code) cannot and should not become a party to a contract or agreement concluded on the basis of these Conditions. You act as a consumer within the meaning of § 13 BGB if you conclude a contract with the Provider mainly for private and not for business purposes. This excludes a commercial use of the service offer. This principle can only be deviated from on the basis of an express, written agreement between you and the Provider.
(4) The offer is aimed exclusively at persons who are at least 18 years old.
2. Scope of services
Explanation: This section explains the core components of the range of services offered to you by the Provider on-site (in branches) and/or virtually (within the framework of the online platform). It also informs you about binding framework conditions relating to the services offered.
(5) The core component of the range of services offered by the Provider on-site and/or virtually is the provision of professional and highly specialised medical, telemedical and pharmaceutical services relating to the care of chronically ill patients, and in particular pain patients, especially with cannabis-based products and therapies.
(6) In order to provide you with access to medical, telemedical and pharmaceutical services, the Provider cooperates with relevant service partners (e.g. duly specialised doctors and pharmacies). The Provider has concluded individual cooperation agreements with each of these cooperation partners in order not only to convey the service in this way, but also to guarantee a high degree of quality.
(7) We wish to point out here that the Provider itself expressly does not provide any medical services (e.g. diagnoses or therapies) on-site within the framework of the branches and/or virtually within the framework of the online platform. In this context, the Provider acts exclusively as an intermediary and thus provides you with easy and secure access to the corresponding services. In this context, the Provider collects and processes your personal data, including in particular health data.
Specific medical, telemedical and pharmaceutical services are provided exclusively by the medical service providers and pharmacies with which the Provider has concluded corresponding cooperation agreements.
(8) Further information on the scope and the components of the service offered in each case can be found in the representations in the context of the Provider's online platform and can be announced in displays and/or notices within the branches.
(9) Please note that the use of the services offered by our cooperation partners (e.g. doctors and pharmacies) is generally subject to a fee. For more information on payment processing, please refer to Section 5 of these Conditions. In addition, you will find further information, for example on the payment methods offered (e.g. PayPal, direct debit, credit card), in the representations in the context of the Provider’s online platform as well as in the branches.
(10) The Provider reserves the right to expand or adapt the range of services with future effect or to completely remove services from the range of services in justified individual cases. You will be notified of any upcoming changes to the service offer with a reasonable lead time within the framework of the online platform as well as in the branches (e.g. by corresponding customer information).
3. Legal relationship and conclusion of contract
Explanation: This section explains the legal relationship you have with the Provider as soon as you enter into a contract with the Provider on the basis of these Conditions. It also describes when and how a contract is concluded between you and the Provider and what kind of contract is involved. Furthermore, it is conclusively made clear which parties are expressly not and will not become parties to a contract concluded on the basis of these Conditions.
(11) The use of the service offer is possible only following prior conclusion of an effective mediation contract on the basis of these Conditions.
(12) Such a contract is concluded between you and the Provider by selecting one or more services on-site or within the framework of the online platform and booking them bindingly. If your booking is made via the online platform, you will be asked to accept these Conditions before completing your booking (by ticking a checkbox provided for this purpose), whereby they are included in the mediation contract in accordance with § 305 paragraph 2 no. 1 BGB. If your booking is made on-site (in the branch), these Conditions are included in the mediation contract in accordance with § 305 paragraph 2 no. 2 BGB by virtue of the fact that the Provider gives you a reasonable opportunity to take note of these Conditions. You can then take advantage of the medical advice and treatment services you have booked either on-site (in the branch) or, in the case of telemedical services (e.g. remote treatment), via the Provider's online platform.
(13) The contract concluded between you and the Provider is purely a mediation contract. The subject of the mediation contract is the mediation of the services selected and booked by you. The mediation service contractually owed by the Provider extends to the provision of the technical and physical infrastructure (platform for implementation of telemedical services, establishment of physical consultation and treatment rooms) and the creation of contact between you and the medical service provider (doctor) or the pharmaceutical service provider (pharmacy). The actual implementation or provision of the specific medical, telemedical or pharmaceutical services is expressly not part of a mediation contract concluded on the basis of these Conditions. Third parties such as medical service providers (doctors) and/or pharmaceutical service providers (pharmacies) are not, and should not be or become, a party to a mediation contract concluded on the basis of these Conditions. As far as the provision of medical or telemedical services is concerned, you conclude a separate contract within the meaning of § 630a BGB with the relevant medical service provider (treatment contract). If you wish to take advantage of supplementary pharmaceutical services (e.g. the purchase of medication) based on a prescription issued by a medical service provider, this is done on the basis of an independent contract that you conclude with the pharmaceutical service provider (pharmacy). The general terms and conditions of business and use of the cooperation partners mediated by the Provider shall apply in each case.
4. Term of contract and termination
Explanation: This section explains the duration of a mediation contract concluded on the basis of these Conditions and the modalities in relation to the termination of the contract.
(15) A mediation contract concluded between you and the Provider on the basis of these Conditions is generally unlimited in duration. The Provider's performance obligation resulting from the contract shall be deemed to have been met if the medical, telemedical and/or pharmaceutical service has been mediated.
(16) The Provider reserves the right to terminate the existing mediation contract with you, subject to a period of notice of 3 months, properly and without giving reasons. The right to extraordinary termination for good cause remains unaffected by this.
5. Payment processing
Explanation: This section explains pricing within the scope of the Provider's service offer and how payment processing works.
(17) The services of our independent cooperation partners (doctors) shown in the range of services are comprised of the fee incurred for medical or telemedical advice and already include statutory value-added tax. If you additionally use pharmaceutical services (e.g. the dispatch of medicines), additional costs may be incurred to the extent of the purchase price for the corresponding medications. These also already include the statutory value-added tax. Please note that shipping costs may be incurred for shipment of the medication, but you will then be informed separately about any amounts involved.
(18) Payment processing is carried out entirely by the Provider. In this respect, the billing of the medical, telemedical and/or pharmaceutical services mediated by the Provider takes place within the framework of an assignment of claims within the meaning of § 398 BGB. By booking the services you have selected, you agree to the assignment of claims and the data transmission required for this and undertake to provide payment exclusively to the Provider. Consequently, as payments that you make directly to the medical and/or pharmaceutical service provider do not have a discharging effect, you are still obliged to pay the Provider. You can only fulfil your payment obligation by making payment directly to the Provider.
6. Obligations of the user
Explanation: This section explains your obligations as a user of the service offer. This applies in particular in the event that you use the Provider's online platform (e.g. to make use of telemedical services).
(19) As a user of the service offer (specifically within the framework of the online platform), you are exclusively entitled to the rights granted to the Provider's range of services under these Conditions. The content published within the scope of the service offer (e.g. texts, images and videos) is generally protected by copyright and is usually the property of, or licensed by, the Provider.
(20) You may only make proper use of the services offered and (in particular within the framework of the online platform) may not distribute prohibited, denigrating, insulting, violence-glorifying and/or pornographic content.
(21) You are obliged to answer all questions concerning your state of health truthfully and completely and to immediately notify and/or store in your user account changes in your state of health that are likely to influence the assessment of the medical service provider (doctor) treating you.
(22) You are required to comply with the requests of the telemedical assistant and the attending physician. If you do not notice any improvement through telemedical care, contact your doctor. If you notice an exacerbation or other abnormalities in your state of health during telemedical care, please contact your doctor or, if necessary, go to an emergency doctor or to a hospital emergency room.
(23) Furthermore, you are obliged to take measures that are conducive to your personal safety (in particular your physical integrity). This includes first checking medications that you have received from one of the Provider's cooperation partners (e.g. for damage to the outer packaging) and carefully reading or following the package leaflet and/or other associated instructions for use.
7. Rebooking, cancellation or missing an appointment
Explanation: This section explains the consequences of rebooking, cancelling, or missing an appointment and when a cancellation fee is due.
(24) The doctors work with appointments (waiting lists and appointments). You are hereby expressly informed that appointments are fixed and reserved exclusively for the patient to be treated.
(25) You can cancel an appointment request or a confirmed booking request under the following conditions.
(26) Cancellations or rebookings can be postponed or cancelled up to 24 hours before the appointment by e-mail to firstname.lastname@example.org. To do this, you must enter your name so that the appointment to be rebooked or cancelled can be assigned.
(27) Appointments mediated by the Provider less than 24 hours before the planned doctor's consultation cannot be cancelled or rebooked.
(28) For a cancellation made less than 24 hours before the scheduled appointment, the doctor will charge a cancellation fee of 50 euros.
(29) If you are not reachable on the booked date under the contact information provided by you even on a second attempt, the appointment is deemed to have been missed, and the cancellation fee of 50 euros will be charged.
(30) If you have to cancel less than 24 hours before the appointment due to illness, or if you cannot be reached under the contact information you have provided, the cancellation fee of 50 euros will be waived only if you present a medical sick note stating that you could not attend the appointment.
(31) You are hereby expressly informed that the cancellation fee is not covered by statutory and/or private health insurance and that this is to be borne by yourself.
8. Warranty rights, guarantees, availability
Explanation: This section explains the rights you can invoke in the event of defects. You will also be provided with information regarding any warranties that may be offered.
(32) The Provider is liable for material defects and defects of title, insofar as these relate to the mediation contract, exclusively in accordance with the provisions of applicable law.
(33) The Provider expressly does not guarantee that the use of the service offer will actually improve your well-being and/or your state of health. In particular, the Provider does not owe you any concrete success in this regard.
(34) Guarantees are generally not given and/or assumed by the Provider. If guarantees are advertised in exceptional cases, the details of this are the result of the respective warranty conditions, which are made available to you in text form by the Provider prior to conclusion of the contract.
9. Cancellation policy
Explanation: This section explains how you can prematurely withdraw from a contract concluded with the Provider (right of withdrawal). Your right of withdrawal does not apply without restriction and may even be precluded under certain conditions.
9.1. Right of withdrawal
(35) You have the right to withdraw from this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform the Provider of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but this is not mandatory.
(36) To comply with the period of notice, it is also sufficient that you send notification of the exercise of the right of withdrawal before the expiry of the revocation period.
(37) Your right of withdrawal will expire prematurely if the Provider has provided the service in full and has only begun to perform the service after you as a consumer have given your express consent to this and at the same time acknowledged that you will lose your right of withdrawal if the contract is performed in full by the Provider.
9.2 Consequences of withdrawal
(38) If you withdraw from this contract, the Provider must promptly refund to you all payments it has received from you, and at the latest within fourteen days of the Provider’s receipt of the notification of your withdrawal from this contract. For this refund, the Provider will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
(39) If you have requested that the service begin during the withdrawal period, you must pay a reasonable amount to the Provider. This amount should correspond with the service provided compared to the overall scope of the service envisioned under the contract. The service provided extends from the conclusion of the contract to the time of the valid exercise of the right of withdrawal. If the Provider’s service was previously free of charge, then you are not entitled to a refund.
- End of the cancellation policy -
9.3 Model withdrawal form
(40) I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods_____________(*)/the provision of the following services: _____________(*) ordered on ________________(*)/received on:________________(*):
Name of consumer(s)_________________________________________
Address of consumer(s) _______________________________________
Signature of the consumer(s) ___________________________________
(only if communicated on paper)
(*) Delete as appropriate
(41) You can submit your revocation either by post to:
Canify Clinics GmbH
or by e-mail to
Explanation: This section explains when and to what extent the Provider is liable to you.
(42) The Provider is liable to you for expenses and damages incurred in cases of intent or fraudulent deception, in cases of gross negligence, for injury to life, body or health, in the event of the assumption of a guarantee, in cases provided for under § 288 (6) sentence 1 BGB as well as in all other cases of legally mandatory liability in accordance with the statutory provisions.
(43) Furthermore, the Provider is liable for damages in the event of culpable violation of material contractual obligations (known as “cardinal obligations”) in accordance with the statutory provisions. The cardinal obligations in this sense include all obligations violation of which jeopardizes the achievement of the purpose of the contract as well as those obligations the fulfilment of which makes proper execution of the contract possible in the first place and on the observance of which you may regularly rely. If the violation of the cardinal obligations is the result of only slight negligence and does not lead to an injury to life, limb or health, then claims for damages will be limited in amount to the typical foreseeable damage.
(44) In all other respects, claims for damages – regardless of the legal grounds, but in particular from the breach of obligations arising from an existing or a pre-contractual obligation (e.g. within the meaning of § 311 (2) BGB) as well as from § 311a (2) BGB or from tort – are excluded.
(45) The Provider assumes no liability for services of third parties identified as such, which are neither the legal representatives, employees or vicarious agents of the Provider. If these services are provided on the basis of a contract with you (e.g. treatment contract within the meaning of § 630a BGB), reference with regard to liability is made to the respective contractual conditions of the corresponding third-party provider.
(46) Any existing liability privileges remain unaffected by this disclaimer.
(47) If the Provider’s liability is limited or excluded according to the above provisions, this exclusion of liability also applies to the personal liability of the legal representatives, employees and vicarious agents of the Provider.
(48) A change in the burden of proof to your detriment is not associated with the above provisions.
11. Notes on data processing
Explanation: This section explains that it is absolutely necessary for the initiation and processing of the contract that the Provider processes your personal data within the meaning of the General Data Protection Regulation (GDPR) and indicates where you can find further information about the Provider's handling of your data.
(49) The Provider processes your personal data within the meaning of Art. 4 No. 1 GDPR for the initiation and processing of the contractual relationship with you. “Personal data” comprises all information that can be assigned to a specific person. The data processed by the Provider for the provision of mediation services also includes health data within the meaning of Art. 4 (15) of the GDPR. As defined in this article, health data includes personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
12. Final provisions
Explanation: In this section there are different regulations that have not been given their own sections under these Conditions, but which are relevant to the contractual relationship between you and the Provider.
(51) The contract with you can be concluded in German and English. The Provider reserves the right to offer other contractual languages in future. If other contractual languages are already available with you at the time of conclusion of the contract, the German-language version of these terms and conditions shall prevail in the event of conflicts of a factual and/or legal nature.
(52) For all disputes arising from or in connection with a contract concluded on the basis of these Conditions, German law shall apply exclusively. The parties agree that the place of jurisdiction shall be the registered office of the Provider.
(53) The place of performance for all contractually owed performance obligations arising from or in connection with a contract concluded on the basis of these Conditions, i.e. which are provided by the provider and not by its independent cooperation partners, is the registered office of the Provider.
(54) The text of the contract is stored by the Provider and can also be made available to you at a later date.
(55) Changes to these Conditions must be made in writing. This also applies to a change in this provision.
(56) Under applicable law, the Provider is obliged to notify you, as a consumer within the sense of § 13 BGB (German Civil Code), of the existence of the European platform for online dispute resolution (ODR platform), which can be used for the out-of-court settlement of disputes. The European Commission is responsible for setting up and maintaining the ODR platform. You can access the OS platform from https://ec.europa.eu/odr . We expressly point out that we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. Right of modification
Explanation: This section informs you of the Provider’s right of modification relative to adaptation of these Conditions.
(57) The Provider reserves the right to adapt these conditions with future effect in order to be able to react appropriately to changes in the law, changes in jurisdiction or changes in economic circumstances.
(58) The Provider will inform you in good time of any intended change to these Conditions and will make the specifically intended change available in full-text form. Any intended changes will be announced through the online platform, and to you by means of electronic notification.
(59) A change to these Conditions will take effect only if you do not expressly object to them, i.e. in writing (e.g. by e-mail to the Provider). You will also be expressly informed of this once again in the context of the announcement of the intended change. Where legally necessary, the Provider will obtain your express consent to adapt these Conditions.