AGB
General terms and conditions
The BERTA App is an application developed by BIBBI AG.
These General Terms and Conditions apply in the version which is valid at the time of conclusion of the contract.
1 Important
Read these terms and conditions carefully before using the application. By using the application, you acknowledge that you have read these terms and conditions and agree to be bound by them. If you do not agree to the terms and conditions, you are not allowed to use the app.
The application is not a medicine or a drug, but a product developed by us to support physical well-being. BERTA is an app that works with frequencies. We would like to point out that the application does not replace a visit to a doctor or alternative practitioner. In the case of illnesses or health complaints, you should always consult the advice of your doctor or alternative practitioner. The use of the app should not cause you to interrupt or terminate the treatment from your doctor or alternative practitioner.
The experience reports and methods described in connection with the app serve purely for information purposes and are based on the experiences of individual people. They cannot be interpreted as claims of healing. No healing promises are made, nor treatment in medical terms.
2. disclaimer
This device (hardware) or application (software) is not a medical device. The use of the application is not intended for medical purposes or for the diagnosis, treatment, cure or prevention of any disease or condition.
BIBBI AG accepts no liability in the following cases: In the event of a claim, demand or action, regardless of the cause of the claim, demand or action, for loss, injury or damage caused directly or indirectly by the use or possession of the Application, loss of revenue or profit, loss of contracts or savings, or any other direct, indirect, incidental, concrete or consequential damages as a result of the use or inability to use the Application, errors in the Application or any breach of these Terms and Conditions, regardless if based on the contract or an unauthorised act, or whether the claim, demand or action is based on a warranty; this also applies if BIBBI AG has been informed of the possibility of such damages. The maximum total liability acknowledged by BIBBI in respect of obligations arising under this agreement or otherwise in relation to the Application is CHF 1.00.
THIS DISCLAIMER IS AN INTEGRAL PART OF THE GENERAL TERMS AND CONDITIONS.
3. Guarantee and Warranty Exclusion
With reference to devices (hardware) sold by BIBBI AG, all warranty claims expire after six months.
The application is provided "as is" and you agree to use it at your own risk.
BIBBI grants no explicit nor implied warranties, representations or guarantees of any kind, whether implied by law or otherwise, including, but not limited to, warranties, representations and guarantees as to the content, quality, accuracy, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results of the application or that the application will operate without interruption or error.
4. User Manual
You can find a user manual on our homepage.
5. Data Protection
BIBBI AG uses the data you provide to fulfil the service. For the processing of payments, BIBBI AG is in exchange with the payment provider. Your payment data may be passed on to the payment provider (e.g. PayPal).
With the payment, the user enters into an agreement with the payment intermediary (e.g. PayPal), which also requests personal data (such as bank details) for the execution of the payment.
This data will not be passed on to BIBBI AG.
Your data will not be passed on to other third parties or used for advertising purposes.
Once the contract has been fully processed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the statutory retention periods have expired.
BIBBI AG secures the website and other systems by technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorised persons.
Despite regular checks, full protection against all dangers is not possible.
You can visit our site without providing any personal information.
Personal data is only collected if you voluntarily provide it to us as part of your order for goods, when opening a customer account or when registering for our newsletter.
BIBBI AG does not store any access data. We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order. Once the contract has been fully processed and the purchase price has been paid in full, your data will be blocked for further use and deleted after the statutory retention periods have expired, unless you have expressly consented to the further use of your data.
You can revoke any consent you may have given to be reminded of orders that have not been completed at any time with effect for the future. The use of customer data is regulated in our privacy policy.
6. Cookies
We use cookies on various pages to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer.
Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise you on your next visit (so-called permanent cookies).
Our partner companies are not permitted to obtain or process personal data via our website using cookies. You can prevent the storage of cookies in your browser by using the menu bar "Tools > Internet Options > Privacy" (Internet Explorer) or "Settings > Privacy" (Firefox) to restrict or switch off the storage and reading of cookies.
Please note that you will not be able to use certain functions of our website without cookies.
7. Final Provisions
7.1 Amendment of the Terms and Conditions
We reserve the right to amend these General Terms and Conditions at any time. The changes will come into force when they are published. By using the application for the first time after the new terms and conditions have been published, you accept the new provisions.
7.2 Severability Clause
If any part of these Terms and Conditions is found to be unenforceable or invalid, the validity of the remaining provisions shall not be affected thereby.
7.3 Applicable Law and Place of Jurisdiction
Swiss law shall apply exclusively, to the exclusion of the conflict of laws provisions of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for natural and legal persons is Salenstein, Canton Thurgau, Switzerland.
7.4 Rights of Use
All rights of distribution are reserved by BIBBI AG, including by radio, television and other means of communication, photomechanical, digital or sound reproduction as well as plagiarism of extracts.
Status 15th March 2023