General Terms and Conditions
General Terms and Conditions and consumer information in the context of purchase contracts concluded via the online store between Cevitalis, Stephan Blankenburg – hereinafter referred to as “Seller” – and the customer – hereinafter referred to as “Customer” – the sales partner – hereinafter referred to as “Consultant”.
§ 1 Scope of application and general information
(1) Subject to individual arrangements and agreements, which shall take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer or the Consultant. Unless otherwise agreed, the inclusion of the customer’s or consultant’s own terms and conditions is hereby rejected.
(2) The customer or the consultant is a consumer if he concludes the contract for purposes which cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Cevitalis
Stephan Blankenburg
Carl-Benz-Straße 4
33803 Steinhagen
(2) The essential characteristics of the goods are set out in the respective product description posted by the seller.
(3) All offers in the seller’s online store merely represent a non-binding invitation to the customer or consultant to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer’s or consultant’s order, the customer or consultant will first receive a confirmation of their order from the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer’s or consultant’s order, the seller will check it shortly and inform the customer or consultant within 2 working days whether it accepts the order (order confirmation). The order process in the seller’s online store works as follows:
(4) The customer or the consultant can select products from the seller’s range and collect them in a so-called shopping cart using the “Add to cart” button. By clicking on the “Shopping cart” button, the customer receives an overview of the selected products. By clicking the “Order with obligation to pay” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer or the consultant can change and view the data at any time by using the browser functions “Back” and “Next” displayed as arrow keys to change the order entered and the data entered. The application can only be submitted and transmitted if the customer or the consultant has accepted these contractual terms and conditions by independently ticking the checkbox “I agree to the General Terms and Conditions, Cancellation Policy & Cancellation Form, Shipping Costs & Payment Information, Privacy Policy” and has thereby included them in his application. The seller then sends the customer or consultant an automatic confirmation of receipt by e-mail, in which the customer’s or consultant’s order is listed again and which the customer or consultant can print out using the “Print” function. The automatic confirmation of receipt merely documents that the customer’s or consultant’s order has been received by the seller and does not constitute acceptance of the application. Acceptance need not be expressly declared verbally, but can also be made by conclusive behavior.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer or the consultant in the order and stated in the order and/or order confirmation at the final prices stated in the online store. Errors and mistakes therein are reserved, in particular with regard to the availability of goods.
(2) The quality of the goods ordered is determined by the product descriptions in the online store. Images on the website may not accurately reflect the products; colors in particular may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the product selected by the customer or consultant are available at the time of the customer’s or consultant’s order, the seller shall inform the customer or consultant of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer or the consultant in the order is only temporarily unavailable, the seller shall also inform the customer or the consultant of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer or the consultant has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller shall immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) The handover to the shipping company takes place no later than three working days after receipt of payment by bank transfer, credit card or instant bank transfer. The delivery time is up to three working days. The seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery is made to all countries within the EU and Switzerland.
(3) All item prices include the statutory value added tax. The prices quoted are retail prices plus shipping costs. The customer or consultant will receive an invoice with VAT shown.
§ 5 Payment
Payment is made by credit card, bank transfer, Klarna, SOFORT bank transfer.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the statutory warranty rights of the customer or consultant, but helps the seller to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be submitted to the address given in the supplier identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The statutory regulations apply.
§ 10 Contract text
The text of the contract is stored on the seller’s internal systems. The customer or consultant can view the General Terms and Conditions at any time in their customer account. The order data and the General Terms and Conditions are sent to the customer or consultant by e-mail. Once the order has been completed, the order data is no longer accessible via the Internet for security reasons.
§ 11 INFORMATION ON DISPUTE RESOLUTION
(1) Platform of the EU Commission for online dispute resolution: https://webgate.ec.europa.eu/oder.
(2) Cevitalis always endeavors to settle any differences of opinion arising from the contractual relationship in an amicable manner. However, Cevitalis does not participate in proceedings before a state-recognized consumer arbitration board. Legal recourse is available at all times.
§ 12 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer or the Consultant, to the exclusion of the laws on the international sale of goods. This choice of law applies to consumers only insofar as the protection granted to the customer or the consultant by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn.
(3) If the customer or consultant is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer or consultant and the seller shall be the seller’s registered office. This also applies if the customer or consultant does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
Date: 11 February 2024