Terms and conditions

General Terms and Conditions of the livingroommentalhealth.com Website

Scope of Application

These General Terms and Conditions (“General Terms and Conditions” or “GTC”) apply to all Services and Products provided by Living Room Mental Health (CH09 0029 7297 4140 2440 L), headquartered in Zurich.

The livingroommentalhealth.com website offers counseling and support services in the field of mental health and other specific requests (hereinafter: “the Client”).

By accessing the livingroommentalhealth.com website, using its Services, or entering into a contract with the Company, the Client accepts these General Terms and Conditions, which they declare to have read and understood.

These General Terms and Conditions may be modified at any time by the Company. The applicable version is the one in effect at the time the contract is concluded or the order is placed by the Client, unless otherwise required by law. Definitions

Company: means Living Room Mental Health

Client: any individual or legal entity who uses the Services or purchases the Products offered by the Company.

Services: the consulting and support services offered by the Company, including consultations, workshops, and educational materials.

Products: the educational materials offered by the Company.

Website: the website livingroommentalhealth.com and its associated sub-sites.

GTC: these General Terms and Conditions governing the contractual relationship between the Company and the Client.

Conclusion of the Contract

The contract is concluded as soon as the Client expresses their agreement to benefit from the Services or Products offered by the Company. This agreement may be expressed by:

Scheduling an appointment via the website or by email, followed by written confirmation sent by the Company.

Purchasing a Product or Service offered on the website or during direct communication with the Company.

The contract is considered concluded upon receipt of the email confirmation sent by the Company.

The Company’s Services and Products are exclusively intended for adults with full legal capacity under the laws in force in their country of residence. Minors or persons under legal protection may access the Services only with the express consent of their legal representative.

Prices

The prices of the Services and Products offered by the Company are displayed on the website livingroommentalhealth.com or communicated by email. These prices are quoted in Swiss francs (CHF) and include all applicable taxes, unless otherwise stated.

The Company reserves the right to modify prices at any time. However, the applicable prices are those in effect at the time the order is confirmed or the appointment is made.

Prices may include, as applicable:

The cost of the Service or Product;

Possible fees related to educational materials or shipping costs, if applicable.

The Company shall not be liable to the Client or third parties for any modification or interruption of the Service, as well as any price adjustments. The Client is responsible for regularly checking the pricing and Service information available on the website to stay informed of any changes.

Payment

Payment for Services must be made in advance, unless otherwise agreed with the Company. Payments may be made by credit card or any other method indicated on the Website or by email.

For workshops or Products, payment is required at the time of ordering to confirm the order.

The Company reserves the right to suspend or cancel a service in the event of non-payment or late payment.

The Client is also informed that, for transactions made via Stripe or any other payment provider, bank or currency conversion fees may be applied by banking institutions due to the international nature of the transaction. These fees are independent of the Company and are the sole responsibility of the Client. The amount of these fees may vary depending on the Client’s issuing bank, the conversion rates applied, or Stripe’s specific policies. The Company shall not be held responsible for these additional fees. It is the Client’s responsibility to contact their bank or card issuer for specific terms and conditions.

Services Offered

The Company provides Consulting and Support services based on cognitive neuroscience.

The services offered are not covered by mandatory or supplementary health insurance.

The Company reserves the right to refuse a Service request if it considers it to be beyond its scope of expertise. In this case, the Client will be informed and, if necessary, referred to another professional.

Cancellation and Refund Policy for Services

The Client may cancel a consultation free of charge up to 24 hours before the scheduled time by emailing the Company. In this case, the Client may choose to reschedule the session or request a refund.

Any refund will be processed within 1 to 30 days, depending on the payment provider’s terms and conditions.

In the event of cancellation less than 24 hours before the appointment, or in the event of a no-show, no refund will be granted.

For regular appointments (weekly, bi-weekly, or at another agreed-upon frequency), either party may terminate the contract at any time, provided that the other party is notified no later than 24 hours before the next scheduled session. In the absence of prior notification, the session will be deemed received and billed accordingly.

Sale of Downloadable Physical and Digital Products

The Company offers for sale physical Products, such as printed educational materials, as well as downloadable digital Products, such as PDF documents or other educational materials.

All orders for physical and digital Products must be paid in full at the time of ordering. Once payment is confirmed, the Company will send a confirmation by email. For digital Products, a download link is sent to the Customer in this email.

Delivery of physical Products is made to the address provided by the Customer when ordering. The Company makes every effort to ship the Products within five business days of order confirmation. However, the Company cannot be held responsible for delays due to circumstances beyond its control, such as logistical disruptions or force majeure.

The risk of loss or damage to physical Products transfers to the Customer upon delivery to the carrier. The Customer is responsible for verifying the accuracy of the delivery address provided and must report any problems or defects within 5 working days of receipt of the Product.

Auxiliaries

The Company expressly reserves the right to engage auxiliaries to fulfill its contractual obligations.

The Client is required to take all necessary steps to enable the Company and its auxiliaries to provide the Services. This includes, in particular, the provision of necessary information and documents.

The Company disclaims all liability for Services provided by third parties, to the extent permitted by law.

Acceptance of Services

Services are deemed received upon their performance by the Company. For consultations, this corresponds to the time the consultation takes place.

For workshops, the service is deemed completed once the workshop has concluded, whether in person or online.

If the Client fails to attend a scheduled Service, it is deemed received, and no refund or rescheduling will be issued unless a cancellation is made within the time limits set out in Article 6 (at least 24 hours before the appointment).

Warranties

The Services provided by the Company are warranted to be performed with care and skill, in accordance with applicable professional standards. The Company undertakes to provide the Services as described in these General Terms and Conditions and in any communication prior to the provision of the Services. The Services are provided “as is,” with no guarantee of achieving any specific result or particular effectiveness.

The Company shall not be held responsible for the Customer’s subjective expectations or results, which are the Customer’s sole responsibility and liability.

For digital Products, the Company guarantees their conformity with the description provided at the time of purchase. In the event of a technical defect rendering the Product unusable, the Customer may request assistance or a replacement.

Physical Products are warranted against manufacturing or conformity defects for a period of two years from receipt. The Customer must report any defects within a reasonable time after discovery.

All other warranties, express or implied, are excluded to the extent permitted by law.

Right of Withdrawal

For physical Products, the Customer has a 14-day right of withdrawal from receipt of the Product. This right of withdrawal does not apply in the following cases:

Personalized or made-to-order products;

Products returned damaged, incomplete, or used.

The Customer must inform the Company of their intention to exercise their right of withdrawal by email, then return the Products in their original packaging, at their own expense.

For downloadable digital Products, the Customer expressly waives their right of withdrawal upon activating the download link or accessing the content, in accordance with applicable law. For Services, if the Client decides not to participate in a consultation or workshop after confirming the order, no refund will be granted unless cancellation is made within the time limits set out in Article 6.

Client Obligations and Responsibilities

The Client is required to provide accurate and complete information when ordering or scheduling an appointment. Any errors or omissions in the information provided, particularly regarding the delivery address or contact information, are the Client’s responsibility.

For consultations and workshops, the Client must respect the agreed schedules and ensure they have the necessary technical resources to participate in online sessions (if applicable). Any absence or delay not reported within the time limits set out in Article 6 is considered a service received and due.

The Client agrees to use the Digital and Educational Products exclusively for personal use. Any unauthorized reproduction, distribution, or use may result in legal action.

Liability

The Company’s liability is limited to the amount paid by the Customer for the relevant Service or Product. Any liability for indirect or consequential damages, including loss of income or opportunity, is excluded to the extent permitted by law.

The Company shall not be liable for damages resulting from misuse of the Products or the Customer’s lack of involvement in the Services provided.

In the event of a technical failure preventing the delivery of a Digital Product or participation in an Online Service, the Company’s liability is limited to providing a replacement link or postponing the session, as applicable.

All claims for damages are excluded, except in cases of gross negligence or wilful misconduct on the part of the Company.

Intellectual Property Rights

The Company owns all intellectual property rights to the Services and Products it offers. This includes, but is not limited to, text, images, videos, educational materials, and any other creations provided to the Client in connection with the provision of Services or the sale of Products.

The Client is authorized to use the content provided exclusively for personal, non-commercial use. Any reproduction, modification, distribution, or exploitation for commercial purposes is strictly prohibited without the prior written consent of the Company.

Any violation of this clause may result in legal action and immediate termination of access to the Services or Products.

Data Protection

The Company is committed to protecting the Client’s personal data in accordance with Swiss data protection legislation.

The information collected is used solely to execute the contract concluded with the Client, in particular for the delivery of Products or the provision of Services. This data is not shared with third parties, unless necessary for the execution of the contract (for example, providing the address to the carrier).

The Client has the right to access, rectify, or delete their personal data. To exercise this right, they may contact the Company at the following address: livingroommentalhealth@gmail.com.

Force Majeure

The Company shall not be held liable for any delay or failure to fulfill its contractual obligations in the event of force majeure. Force majeure means any unforeseeable event beyond the control of the parties, such as natural disasters, strikes, pandemics, armed conflicts, or computer failures. If a force majeure event prevents the performance of obligations for more than 30 days, either party may terminate the contract by written notice, without penalty or compensation. Payments already made for services not provided will be refunded to the Client.

Entire Agreement

These General Terms and Conditions constitute the entire agreement between the Client and the Company. They supersede any prior agreement or understanding, whether written or oral.

Any amendment to these General Terms and Conditions must be in writing and accepted by both parties. If any provision of the General Terms and Conditions is declared null or invalid by a court of competent jurisdiction, the remaining provisions remain in full force and effect.

Agents and Distributors

The Company reserves the right to work with independent agents or distributors for the sale of its Products or Services.

The Customer acknowledges that these agents or distributors act independently and that the Company cannot be held liable for their actions, commitments, or omissions. Any claim related to a breach by an agent or distributor must be addressed directly to the latter.

Modification of Services and Products

The Company reserves the right to modify, at any time and without notice, the characteristics, descriptions, or prices of the Services and Products offered on the Site.

These modifications apply only to new orders and do not affect contracts already entered into, except by specific agreement between the parties or legal requirement.

In the event of interruption or discontinuation of the marketing of a Product or Service, the Company undertakes to honor confirmed orders or to offer an equivalent alternative to the Customer.

Applicable Law

These General Terms and Conditions are governed by Swiss law. Any question or dispute arising from their interpretation or application shall be subject to Swiss law, excluding any conflict of laws rules.

The application of the United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is expressly excluded.

Place of Jurisdiction

Any dispute relating to these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the canton where the Company has its registered office, unless otherwise provided by mandatory legal provisions.

The Company, however, reserves the right to bring legal proceedings at the Client’s domicile or registered office.

Dated in Zurich, on April 5th 2025