General Terms and Conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf for the use of the “dermanostic” app and web app:
For reasons of better readability, the simultaneous use of female and male forms of speech is avoided in the following and the generic masculine is used. All personal designations apply equally to all genders.
§ 1 Scope
- These general terms and conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf, represented by the managing director, Dr. medical Ole Martin, registry court District Court Düsseldorf, HRB 89284 (hereinafter: General Terms and Conditions) and the jointly responsible ** practice Dr. Lang** – specialist in dermatology, Merowingerplatz 1, 40225 Düsseldorf, represented by Dr. medical Estefanía Lang, apply both to the use of the website www.dermanostic.com and to the use of the app and web app "dermanostic" for the purpose of concluding a (remote) treatment contract.
The jointly responsible persons, Dermanostic GmbH and Praxis Dr. Lang, offer patients a teledermatological consultation. The initial consultation as part of this teledermatological diagnosis does not require the physical presence of the patient in the Dr. Long.
The dermatological consultation is to be carried out in accordance with the provisions of Section 7(4) of the model professional code for doctors working in Germany. The consultation may only be carried out by those in the ** practice Dr. Long** active dermatologists.
2. Deviating, conflicting or supplementary conditions of the patient do not apply and do not become part of the contract. This also applies if the patients refer to their conditions to the joint controllers and the joint controllers do not expressly object to the conditions.
3. By using the offer of Dermanostic GmbH and Dr. Lang, the patients fully accept these GTC.
4. Patients must register before using the treatment offer via the web app "dermanostic.com" or via the app "dermanostic" - after prior download. For teledermatological consultation, the patients create photographs of the skin areas to be examined, e.g. with their smartphones. In addition, patients must fill out a medical history form. These photographs and the completed anamnesis form are sent to Dermanostic GmbH.
5. The specialist medical advice is provided by the dermatologists employed at the Dr. Lang within approximately 24 hours of the transmission of the photographs and the anamnesis sheet to Dermanostic GmbH. For the teledermatological consultation, the photographs and the completed anamnesis form of the treating dermatologists of the Dr. Long disclosed.
6. In individual cases, only remote treatment can remain, provided that the specialist medical diagnosis can already be made on the basis of the photographs and the completed anamnesis form, while maintaining the necessary medical care, in particular through the manner of the diagnosis, consultation, treatment and documentation of the treatment process .
In this case, the treating dermatologists inform the patients about the special features of pure distance treatment.
If the treating dermatologists consider a professional second assessment to be necessary for the specific treatment case, they should consult the interdisciplinary panel of experts at Dr. Consult Lang for advice.
If medical aftercare is required, this will be carried out on behalf of the Praxis Dr. Lang carried out by medical specialists from Dermanostic GmbH. In this case, the medically trained staff will contact the patient via the app or by telephone.
§ 2 Offer and conclusion of contract
- With the use of the app or web app "dermanostic.com" provided by Dermanostic GmbH, a contract of use with the patient is concluded.
- The activity of the ** practice Dr. Lang** is based on a treatment contract to be concluded between the patient and the Dr. Long. The Dermanostic GmbH is from the Praxis Dr. Lang authorized to submit the offer to conclude a treatment contract.
- The Dr. Lang represent a non-binding and non-binding offer to conclude a contract. The contract is concluded if the patient has uploaded the photographs and submitted the completed anamnesis form and the dermatologists have confirmed the conclusion of the treatment contract within 24 hours.
- The teledermatological consultation is carried out exclusively by the Dr. Long active dermatologists.
§ 3 Implementation of the teledermatological consultation
- Patients must agree to the General Terms and Conditions and to the data processing associated with the transmission of the application by confirming the selection box for the declaration of consent.
- The patients must provide the treating dermatologist with the information necessary to fulfill the treatment contract (last name, first name, date of birth, biological sex, address, e-mail address and photographs of the skin lesion) and answer a given anamnesis form. The application guides the patient through the request.
- The patients then register in the app or web app by providing their e-mail address and a password.
- By using the "Conclude with costs" button, the patients make a legally binding offer to conclude a treatment contract for a fee-based teledermatological consultation by a dermatologist at Dr. Long off. The patients receive a notification in the app or web app that the application has been received and is being processed.
- The acknowledgment of receipt does not constitute acceptance of the application. Lang accepted the application.
- After the application has been accepted, the respective dermatologist will immediately assess the transmitted photographs, taking into account the information in the anamnesis sheet. Patients receive a push notification as soon as the treatment report has been created or there are any queries. Updates of the treatment status, in particular the result of the findings, can be called up via the app or web app. This requires a login with the identification data.
- The contractual partner of the treatment contract is the patient and the Dr. Long. The specific execution of the treatment contract is exclusively carried out by those responsible for the Practice Dr. Long-serving dermatologists.
- The obligations arising from the treatment contract are exclusively the responsibility of those working in the Dr. to meet the requirements of long-serving dermatologists. In the event of a breach of contractual obligations arising from the treatment contract, the Praxis Dr. Long.
- If medical follow-up care is required as part of the treatment, this will be carried out on behalf of the Dr. Lang carried out by medical specialists from Dermanostic GmbH. In this case, the medically trained staff will contact the patient via the app or by telephone.
- Dermanostic GmbH undertakes to forward any inquiries or complaints from patients or dermatologists to the relevant party.
§ 4 Prices and payment processing
- The remuneration for the consulting services of the dermatologists is based on the fee schedule for doctors (GOÄ) in the currently valid version.
- Before using the teledermatological consultation, the patients are informed about the amount of the remuneration in the app or via the web app.
- The reimbursement is owed by the patient, regardless of whether the costs can be reimbursed by private or statutory health insurers or other cost bearers.
- Dermanostic GmbH is authorized and authorized to process payments on behalf of Praxis Dr. Long to perform. For this purpose, the ** practice Dr. Lang** assigns their payment claims from the treatment contracts for teledermatological advice to Dermanostic GmbH by way of an assignment of claims. The liquidation is carried out individually by Dermanostic GmbH according to the information provided by the dermatologists at Dr. Long created. The ** practice Dr. Lang**, as the patient's contractual partner, is solely responsible for the correctness of this invoicing and the amount of the fee.
- With the conclusion of the teledermatological treatment contract, the patient agrees to the assignment of the payment claim from the treatment contract to Dermanostic GmbH.
- Dermanostic GmbH undertakes to process personal information in accordance with data protection regulations.
- Dermanostic GmbH participates in the following payment methods:
- · Credit card
- Apple Pay
Payment can only be made using the payment methods mentioned.
8. In the case of payment by credit card, the payment and usage conditions of the respective credit card provider apply.
Section 5 Obligations of Dermanostic GmbH
- Dermanostic GmbH has implemented appropriate technical and organizational measures to ensure the accessibility and usability of the app and the web app "dermanostic". Insofar as the availability of the app or web app depends on the services of third parties (in particular telecommunications providers), Dermanostic GmbH assumes no liability for the availability. Dermanostic GmbH is not responsible for the success of the access to the website or the app.
- Dermanostic GmbH will always advance the technical development of the app and the web app "dermanostic". In order to maintain the quality standards, it is necessary to carry out regular maintenance work on the "dermanostic" app and web app. Dermanostic GmbH reserves the right to carry out this work at any time, even if this temporarily interrupts access to the "dermanostic" app and web app. In this case, the patient is not entitled to claims for damages.
§ 6 Obligations of patients
- Patients undertake to provide truthful information both when registering and when using the “dermanostic” app and web app. You are aware that you alone are responsible for the completeness and correctness of the information.
- Patients are prohibited from providing information or posting content as part of the application that unlawfully affects the rights of third parties. In the event of a breach of this obligation, Dermanostic GmbH is entitled to terminate the user contract without notice and Praxis Dr. Lang entitled to terminate the treatment contract without notice. Further rights remain reserved, in particular for injunctive relief and damages. In the event of a violation, the patients undertake to notify Dermanostic GmbH and/or Praxis Dr. Lang from claims for damages and reimbursement of expenses by third parties in connection with the violation. This obligation to indemnify also includes the costs of legal defense of Dermanostic GmbH and/or Praxis Dr. Long. Rights of Dermanostic GmbH and/or Praxis Dr. Long remain unaffected.
- Patients are prohibited from impairing or endangering the usability of the app and the "dermanostic" web app through improper use.
- The user data (password, etc.) must always be stored carefully and kept secret. If unauthorized third parties gain knowledge of the login data, Dermanostic GmbH must be informed immediately. Dermanostic GmbH is also entitled to immediately block access for patients if this obligation is violated.
§ 7 Disclaimer
- Dermanostic GmbH is only liable in accordance with the statutory provisions in the event of intent or negligence bin the culpable breach of essential contractual obligations.
- In the event of negligence, liability only exists
• for damage resulting from injury to life, limb or health,
• for damages resulting from the not insignificant breach of an essential contractual obligation, whereby in these cases the liability of Dermanostic GmbH is limited to compensation for the foreseeable, typically occurring damage.
3. Dermanostic GmbH is not liable for any damage that occurs in connection with the implementation of the treatment contract between the patient and the treating dermatologists at Dr. Stand long. Dermanostic GmbH is not responsible for the conclusion of a treatment contract and does not guarantee the conclusion of such a contract.
4. The Dr. Long according to legal requirements.
§ 8 Copyright
- With the transmission of photographs, other representations or texts, the patients grant the simple rights of use to the transmitted documents for the execution of the contract in connection with the use of the teledermatological consulting service of Dermanostic GmbH.
- Dermanostic GmbH is exclusively entitled to the copyright to images, representations or texts published by Dermanostic GmbH on www.dermanostic.com or the app or webapp. This also applies to the exclusive rights of use. Use of the images or texts is not permitted without the consent of Dermanostic GmbH.
Section 9 Data Protection
This data protection declaration can be accessed at https://dermanostic.com/datenschutz-app or https://dermanostic.com/datenschutz-webapp. be printed out.
Section 10 Right of Withdrawal
Patients are entitled to revoke their declaration of intent to use the services of Dermanostic GmbH in accordance with the statutory provisions.
The details of this right of withdrawal can be found in the following cancellation policy:
Right of withdrawal:
You can revoke your contract declaration within 14 days in text form (e.g. by letter, fax or e-mail) without giving reasons. The cancellation period begins on the day the contract is concluded. The declaration of revocation should be sent to Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf.
You can use the cancellation form below to formulate your cancellation, but you do not have to. Sending the cancellation in good time is sufficient to meet the cancellation deadline.
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of your effective revocation, we are obliged to reimburse you immediately for the payments we have received from you. For the repayment, we use the payment method that you have chosen, unless you have concluded a different payment agreement with us. The repayment is free of charge.
Insofar as we have already provided the service incumbent on us during the cancellation period, you are obliged, in the event of an effective cancellation, to reimburse us an amount that corresponds to the services that we have provided up until receipt of your cancellation.
Sample withdrawal form
- In the event that you want to revoke your contract declaration, you can use this form, but you do not have to. You can fill out this copy and send it to us.
To Dermanostic GmbH
I hereby revoke the contract I have concluded for the provision of services via www.dermanostic.com or the "dermanostic" app or web app.
Signature (only if the written form is chosen).
Section 11 Miscellaneous Provisions
- If one or more provisions of these terms and conditions should be ineffective, the remaining provisions remain unaffected. The parties undertake to replace the ineffective provision with a legally effective one whose economic success corresponds as closely as possible to the ineffective provision. This also applies in the event of a loophole.
- German law is exclusively applicable to the business relationships of the patient and Dermanostic GmbH in connection with the use of the app and the web app "dermanostic". The place of jurisdiction is the headquarters of Dermanostic GmbH.
- According to § 36 VSBG, we inform you that the EU Commission provides a platform for online dispute resolution in cases of disputes in connection with online purchases etc. in which a consumer is involved. You can reach this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
We are not obliged to participate in this dispute resolution procedure. You can reach us at the email address [firstname.lastname@example.org](mailto