General terms and conditions of sale

Effective 12/01/2021

These general conditions of use and sale (known as "GTC") serve as legal framework of making this application and the services by Essense Deutschland GmbH available and to define the conditions of access and use of services by the “User” of smellingtraining.

These GTC are accessible on the website under "GTC"

Any use of the application implies the acceptance of these GTC, without any reservation or restriction by the user. During the first access of the application, each user explicitly accepts these GTC by checking the box with the following text: "I acknowledge having read and understood the GTC and I accept them".

In the case of non-acceptance of the GTC stipulated in this contract, the use must reounce access to the services offered by this application.

Essense Deutschland GmbH reserves the right to unilaterally modify the content of these TGC at any time.

SECTION 1: Legal notice

smellingtraining is a website created by Essense Deutschland GmbH, Bleibtreustrasse 32, 10707 Berlin - Germany, registered under HRB 161085 in Berlin Charlottenburg, Germany. You can contact us by e-mail at contact@essense-deutschland.com

This website was built under medical supervision of Professor Fabrice Denis, MD, PhD (RPPS ID 810002092111).

Editor in chief: Alexander Urban, as representative of Essense Deutschland GmbH.

The web hosting providers are Outscale PLC, headquartered at 1, rue Royale - 319 Bureaux de la Colline, 92210 Saint-Cloud, France, and Scalingo PLC, located at 15 avenue du Rhin, 67100 Strasbourg, France.

SECTION 2: Data collection

The application guarantees the user that collection and processing of personal information with respect for privacy is in accordance with Act No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties. That is, only the data strictly necessary for the operation of the application and our services will be collected.

Under the Data Protection Act, dated January 6, 1978, the user has the right to access, rectify, delete and oppose his personal data. The user exercises this right by contacting us by email at dpo@essense-deutschland.com.

The data is archived for the time you use the application. If you do not use the application for 24 months, the data will be automatically deleted to ensure your right to be forgotten.

For additional information, please consult Privacy Policy

SECTION 3: Access to the website

The smellingtraining website allows the user free access to the following services:

• Evaluate whether the user meets the requirements to be able to participate in our training program;
• Participate in our olfactory training program;
• Refer the user to their attending physician.

The access to the website is free of charge, if the user has Internet access. The user bears all costs for accessing the service (computer hardware, software, Internet connection, etc.).

If the user wishes to participate in the olfactory training program, the Smelling Training kit, composed of 5 essential oils, all 100% natural, can be purchased for an amount of 60,00 € incl. VAT directly via this application.

At the end of the training, the smellingtraining application asks the user for a voluntary donation at his discretion for the service received. An amount of 60,00 € is suggested. The user, however, is also at liberty not to donate anything.

If the user is not a registered member, he does not have access to the reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the user engages to provide sincere and accurate information concerning his marital status and contact details, in particular the email address.

To access the services, the user must then identify himself by entering his username and password.

Any properly registered user may also request to unsubscribe by going to the dedicated page on his personal space. This will be effective within reasonable time.

For any event, due to a case of force majeure resulting in a malfunction of the application or server and subject to any interruption or modification in the event of maintenance, smellingtraining does not assume responsibility of *. * In these cases, the user thus agrees not to hold the publisher accountable against any interruption or suspension of service, even without notice.

The user has the option of contacting the publisher by e-mail at the publisher's e-mail address provided in ARTICLE 1.

SECTION 4: Responsibility

The application is provided free of charge, as is, for the purpose of:

• information to help raise awareness and guide the user towards their attending physician and / or our olfactory training program,
• and to collect data for scientific research.

We do not guarantee for the information to be up-to-date and content made available in this application suitable for particular purposes.

The user acknowledges that the application, including the test and the other information it contains, does not in any way constitute an opinion, a recommendation, an examination, a diagnosis, a prescription, or any other act of a medical nature, in particular established or performed by a doctor or pharmacist. The use of the application and its content does not in any way replace the necessary advice given by your doctor or pharmacist or any other competent healthcare professional in each particular case. Any examination or decision by the user must be carried out or taken independently on the basis of relevant scientific and clinical information, the official instructions for the product concerned where applicable and in case of doubt, by consulting a competent doctor.

The information made available as part of the application serves only as first level information. The absence of a warning about a risk does not mean that it does not exist.

SECTION 5: Intellectual property

The brands, logos, signs of as well as all the contents of the application (texts, images, sound...) are protected by the German Patent and Trade Mark Office (DPMA) and more particularly by Copyright.

Smelling Training, Urban Scents and Essense Deutschland are trademarks owned by the publisher.

The user must seek the prior authorization of the owner of the website for any reproduction, publication, copy of parts of the content and undertakes to use the contents of the application in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.

Any partial or total representation of this application by any means whatsoever, without the express authorization of the operator of the application would constitute an infringement, punishable by Article L 335-2 and following the Intellectual Property Code.

We like to remind you, that in accordance with Article L122-5 of the Intellectual Property Code, the User who reproduces, copies or publishes the protected content must cite the author and its source.

SECTION 6: Hypertext links

Hypertext links may be present in this application. The user is informed that by clicking on these links, he will exit the application. The latter has no control over the web pages on which these links lead and can in no way be responsible for their content.

SECTION 7: Cookies

During his first visit to the application, the user is informed about our use of cookies.

Cookies are small files temporarily stored on the hard drive of the users computer by your browser and they are necessary for the proper functioning of the application.

Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous.

The deposited cookie expires after 48 hours after the end of the users visit.

The use of this cookie is subject to the consent of the user

Failing acceptance, the user is informed that he will not be able to use the application

SECTION 8: Applicable law and competent jurisdiction

French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the French courts will have sole jurisdiction to hear it.

For any questions relating to the application of these T & Cs, you can contact the publisher at the contact details listed in ARTICLE 1.