Terms of service
For all contracts concluded through this site, only the following General Terms and Conditions apply in their version valid at the time of the respective order. Your provider and contracting partner:
Cellavent Healthcare GmbH
Am Trippelsberg 43
40589 Düsseldorf
Germany
Represented by: Marcus Haag
Commercial Register Entry:
Düsseldorf District Court HRB 69981
Tax Number: 106/5736/1834
VAT ID: DE289298494
§ 1 SCOPE, CONTRACT PARTNER
1.1
The following General Terms and Conditions (hereinafter referred to as “GTC”) apply to the contract concluded between the contracting partner, including their legal successors, and Cellavent Healthcare GmbH (hereinafter referred to as “Cellavent Healthcare”) via its online shops
www.cellavent.de
www.phytholistic.com
www.white-omega.com
including any redirected domains, for the delivery of goods offered by Cellavent Healthcare. All deliveries, services, and offers from Cellavent Healthcare are exclusively based on these terms and conditions.
1.2
As a contracting partner under §1 (1), both consumers and entrepreneurs are considered. A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, independent, or freelance activity. In contrast, an entrepreneur is a natural or legal person or a partnership with legal capacity who orders for commercial, independent, or freelance purposes.
§ 2 CONCLUSION OF CONTRACT
2.1
Only registered or signed-up customers at Cellavent Healthcare can purchase goods and services from Cellavent Healthcare. Registration is free and can be canceled at any time, with no obligations for the customer. Cancellation or deregistration can be done informally and directly via the shop’s contact form or in writing by email to info@cellavent.de or by mail to Cellavent Healthcare GmbH, Attn: Customer Service, Am Trippelsberg 43, 40589 Düsseldorf, Germany.
2.2
The presented goods and services do not constitute a binding offer, but rather an invitation to the customer.
2.3
When selecting one or more products, they are placed in the virtual shopping cart. All these products can be viewed in the cart. Additionally, the quantity of ordered products can be adjusted and an ordered product can be removed. By clicking the “View Cart” button, you will be prompted to enter the information relevant for shipping and to select a payment method. By clicking the “Proceed to Checkout” button, all relevant information for the order is summarized. The ordering process is only triggered after the “GTC” have been accepted and the “Place Order” button has been clicked.
Cellavent Healthcare is not obligated to accept the customer's offer. In particular, the confirmation of receipt of the customer's order or the payment request for advance payment does not constitute acceptance of the customer's offer but merely documents that the customer's order has been received by Cellavent Healthcare. The contract is concluded only with the delivery of the ordered goods, subject to any special provisions.
2.4
The contract is concluded exclusively in German.
§ 3 DELIVERY CONDITIONS
You can view our delivery conditions at the following link: Delivery Conditions and Payment
§ 4 RETENTION OF TITLE, OFFSETTING, RIGHT OF RETENTION
4.1
Until the full payment of the purchase price, the delivered products remain the property of Cellavent Healthcare.
4.2
You only have the right to offset if your counterclaims are legally established or undisputed or acknowledged by us. Additionally, you have a right of retention only if and to the extent that your counterclaim is based on the same contractual relationship.
4.3
If the customer is in arrears with any payment obligations to us, all existing claims become immediately due.
§ 5 PAYMENT MODALITIES
5.1
If we make an advance payment, e.g., in the case of a purchase on account, we may obtain a credit report based on mathematical-statistical procedures from external service providers to protect our legitimate interests. To do this, we transmit the personal data required for a credit check and use the information received about the statistical probability of a payment default for a balanced decision regarding the establishment, execution, or termination of the contractual relationship. The external service provider is: Shopify International Limited, a private company limited by shares under Irish law with its registered office at 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin.
The credit report may include probability values (score values) calculated based on scientifically recognized mathematical-statistical procedures, including address data. Your legitimate interests are taken into account according to legal regulations.
§ 6 RISK TRANSFER
6.1
For consumers, the risk of an unforeseen loss or accidental deterioration of the ordered goods passes to the consumer or a recipient designated by them upon delivery. This applies regardless of whether the shipping is insured or not. In other cases, the risk of an unforeseen loss or accidental deterioration of the ordered goods passes to the buyer upon delivery or, in the case of a shipment purchase, upon delivery of the goods to the carrier or other person or institution designated to carry out the shipment.
§ 7 RIGHT OF WITHDRAWAL
You have the right to withdraw from your purchase within fourteen days without providing any reasons. The exact modalities and your statutory right of withdrawal can be found in our Right of Withdrawal, which you can access [here].
Please note that custom-made products tailored to your specifications are excluded from the right of withdrawal. For more information on exclusions and the withdrawal process, please refer to our Right of Withdrawal.
§ 8 DEFECTS/WARRANTY
The warranty rules are governed by statutory provisions.
§ 9 DATA PROTECTION
We take the protection of your personal data very seriously. Our data protection practices and policies are described in detail in our separate Privacy Policy. You can find it [here].
§ 10 INFORMATION ON ONLINE DISPUTE RESOLUTION
The EU Commission will provide an online platform for dispute resolution (so-called “OS Platform”) in the first quarter of 2016. The OS Platform is intended as a contact point for the extrajudicial resolution of disputes arising from online purchase contracts. The OS Platform will be available at the following link: http://ec.europa.eu/consumers/odr/
§ 11 DISCLAIMER
11.1
Cellavent Healthcare is liable for breaches of contractual and non-contractual obligations according to statutory regulations. In particular, Cellavent Healthcare is only liable for damages resulting from intentional or grossly negligent behavior, unless it involves injury to life, body, or health, or a breach of essential contractual obligations (cardinal obligations). In the latter case, Cellavent Healthcare’s liability is limited to the compensation of foreseeable, typically occurring damages. These liability limitations do not apply if Cellavent Healthcare has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. Claims for liability under the Product Liability Act remain unaffected.
11.2
The regulations of the above paragraph also apply accordingly to the legal representatives, executive employees, and vicarious agents of Cellavent Healthcare.
§ 12 APPLICABLE LAW, JURISDICTION
German law applies to the conclusion and execution of all contracts. The applicability of the UN Sales Convention is excluded.
The place of jurisdiction is Düsseldorf.
As of: 01/2024