Terms of service

For all contracts that are concluded via this page, the following general terms and conditions apply exclusively in the version valid at the time of the respective order. Your provider and contractual partner:

Cellavent Healthcare GmbH at Am Trippelsberg 43
40589 Düsseldorf
Germany

Represented by: Marcus Haag
Entry in the commercial register:          
District Court Düsseldorf     HRB 69981
Tax number:                                   106/5736/1834
VAT ID:                                 DE289298494


§ 1 SCOPE OF APPLICATION, CONTRACTUAL PARTNERS

1.1
The following general terms and conditions (hereinafter referred to as GTC) apply to the contract between the contractual partner, including his legal successor, and Cellavent Healthcare GmbH (hereinafter referred to as Cellavent Healthcare) via its online shops

www.cellavent.de
www .cellaventshop.com  
www.phytholistic.com  
www.white-omega.com

including the domains forwarded to it, concluded contract for the delivery of the goods offered by Cellavent Healthcare. All deliveries, services and offers from Cellavent Healthcare are based exclusively on these terms and conditions.

1.2
Consumers as well as entrepreneurs are considered to be contractual partners according to §1 (1). A consumer is any natural person for whom the purpose of the order cannot be attributed to a commercial, self-employed or freelance activity. In contrast, an entrepreneur is a natural or legal person or partnership with legal capacity who appoints for commercial, independent or freelance purposes.  

§   2 CONCLUSION OF CONTRACT

2.1
Only customers who are registered with Cellavent Healthcare can purchase goods and services from Cellavent Healthcare. The registration is free of charge and can be canceled at any time and there are no obligations on the part of the customer. The deregistration or termination takes place informally and directly via the shop's contact form or in writing by email to   info@cellavent.de < / a>   or by post to Cellavent Healthcare GmbH, e.g. Customer service, Am Trippelsberg 43, 40589 Düsseldorf, Germany.

2.2
The presented goods and services are not yet a binding offer, but a non-binding offer to the customer.

2.3
When you select one or more products, the latter are placed in the virtual shopping cart. All these assigned products can be viewed in the shopping cart. In addition, the number of products ordered can be varied there and an ordered product can be removed. By clicking the "Show shopping cart" button, you will be prompted to enter the information relevant to shipping and to select a payment method. By clicking the "Proceed to checkout" button, you will be shown a summary of all information relevant to the order. The order process is only triggered after the "Terms and Conditions" have been accepted and the "Order for a fee" button has been clicked.

Cellavent Healthcare is not obliged to accept the customer's offer. In particular, the confirmation of receipt of the customer's order or the request for payment in the case of prepayment does not yet represent an acceptance of the customer's offer, but merely documents that the customer's order has been received by Cellavent Healthcare. Subject to a separate regulation, the contract is only concluded upon delivery of the ordered goods.

2.4
Only the German language is available for the conclusion of the contract.

§ 3 TERMS OF DELIVERY

3.1
Cellavent Healthcare assumes the delivery costs within Germany for its customers with a minimum order value of 10 €. Below this threshold, shipping costs of € 2.95 will be charged.

For deliveries outside Germany with a value of less than 100 €, the customer bears the costs himself, for this a flat rate of 5 € delivery costs will be charged. International shipping is free for orders of € 100 or more.

3.2
Cellavent Healthcare is entitled to partial deliveries and partial services. Cellavent Healthcare bears the resulting costs.

3.3.
If a buyer does not accept the goods, Cellavent Healthcare can, Sell ​​the goods to a third party within a period of 2 weeks and hold the original buyer responsible for any loss incurred.

3.4
If the goods cannot be delivered due to force majeure or product discontinuation or Cellavent Healthcare cannot procure the ordered products under reasonable conditions and if these circumstances only occur after the conclusion of the contract and Cellavent Healthcare is not responsible for it, Cellavent will be responsible Healthcare exempted from the delivery obligation.

3.5
Should events occur which Cellavent   Healthcare   make delivery significantly more difficult or impossible - for example, strikes, lockouts, official orders or the like - Cellavent   Healthcare   is not allowed to delay even with bindingly agreed deadlines and dates represented.

§ 4 RETENTION OF TITLE, SET-OFF, RIGHT OF RETENTION

4.1
The delivered products remain the property of Cellavent Healthcare until the purchase price has been paid in full.

4.2
You are only entitled to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention 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, all existing claims become due immediately.  

§ 5 PAYMENT METHODS

5.1
If we make advance payments, e. B. in the case of a purchase on account, we may obtain credit information on the basis of mathematical-statistical procedures from external service providers in order to safeguard our legitimate interests. For this purpose, 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 on the establishment, implementation 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 can contain probability values ​​(score values), which are calculated on the basis of scientifically recognized mathematical-statistical methods and whose calculation includes address data, among other things. Your interests worthy of protection will be taken into account in accordance with the statutory provisions.

§ 6 TRANSFER OF RISK

6.1
In the case of consumers, the risk of unforeseeable loss and accidental deterioration of the goods ordered is transferred to the consumer or a recipient specified by him when the goods are handed over. This applies regardless of whether the shipment is insured or not. In the remaining cases the risk of unforeseeable loss and accidental deterioration of the ordered goods goes with the  

Handover, in the case of mail order purchase, with the delivery of the goods to the freight forwarder or the person or institution otherwise assigned to carry out the shipment to the buyer.

§ 7 REVOCATION p >

7.1
If you are a consumer within the meaning of §13 BGB, you have a right of withdrawal. Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts: Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the consumer's personal needs are tailored, contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the delivery of goods if they are inseparable from others after delivery due to their nature Goods were mixed.

Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax, contact form or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notificationabout exercising the right of withdrawal before the withdrawal period has expired. The revocation must be sent to our company address:

Cellavent Healthcare GmbH at Am Trippelsberg 43  
40589 Düsseldorf
Tel:                 0211/78 17 69 80
E-Mail:         info@cellavent.de a >

Consequences of cancellation
If you cancel this contract, we have to repay all payments that we have received from you, excluding delivery costs incurred, immediately and at the latest within fourteen days from the day on which We have received the ordered goods again. If you decide to cancel, although you have already received the goods, you must return the undamaged goods to us. We only accept undamaged, unopened goods. If you incur shipping costs with the return, these will not be refunded. We do not issue a free "return label" or similar.

For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract to

Cellavent Healthcare GmbH at Am Trippelsberg 43  
40589 Düsseldorf
Tel:                 02 11/95 76 18 46
E-Mail:         info@cellavent.de a>

send back or hand over to us. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

End of the cancellation policy
The goods should be returned to the following address:

Cellavent Healthcare GmbH
Am Trippelsberg 43  
40589 Düsseldorf
Tel:                 02 11/95 76 18 46
E-Mail:         info@cellavent.de a>

§ 8 DEFECTS / WARRANTY

8.1
The warranty rules are based on the statutory provisions.  

§ 9 DATA PROTECTION

9.1
Please note our privacy policy.

§ 10 INFORMATION ON ONLINE DISPUTE RESOLUTION

In the first quarter of 2016, the EU Commission will provide an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. The OS platform can be reached under the following link:   http://ec.europa.eu/consumers/odr/ a>

§ 11 DISCLAIMER

11.1
Cellavent Healthcare is liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions. In particular, Cellavent Healthcare is only liable for damage that can be traced back to willful or grossly negligent behavior, unless it involves injury to life, body and health or the violation of essential contractual obligations (cardinal obligations). In the case of the latter, Cellavent Healthcare's liability is limited to the replacement of foreseeable, typically occurring damage. The limitations of liability 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 based on the   Product Liability Act remain unaffected.

11.2
The provisions of the above paragraph also apply mutatis mutandis in favor of the legal representatives, executives and vicarious agents of Cellavent   Healthcare.  

§ 12 GOVERNING LAW, PLACE OF JURISDICTION

12.1
German law applies to the conclusion and processing of all contracts. The validity of the UN sales law is excluded.  
The place of jurisdiction is Düsseldorf.

Status: 09/2020