General Terms and Conditions (GTC)
General terms and conditions and consumer information for purchase agreements concluded via the online shop between Cevitalis, Stephan Blankenburg – hereinafter referred to as “Seller” – and the customer hereinafter referred to as “Customer” – and the sales partner hereinafter referred to as “Consultant”.
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements, which take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the seller and the customer or consultant. Unless otherwise agreed, the inclusion of the customer's or consultant's own terms and conditions is hereby rejected.
(2) The customer or consultant is a consumer insofar as they conclude the contract for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of Contract
(1) The contract is concluded with:
CEVITALIS GmbH
Karl-Peters-Straße 7
33605 Bielefeld
(2) The essential characteristics of the goods shall be evident from the respective product description provided by the seller.
(3) All offers in the seller's online shop merely constitute a non-binding invitation to the customer or consultant to submit a corresponding purchase offer to the seller. As soon as the seller receives the customer's or consultant's order, the customer or consultant will first receive confirmation of their order from the seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receiving the customer's or consultant's order, the seller will review it promptly and inform the customer or consultant within two business days whether they accept the order (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer or consultant can select products from the seller's assortment and add them to a virtual shopping cart by clicking the "Add to Cart" button. By clicking the "Shopping Cart" button, the customer receives an overview of the selected products. By clicking the "Place Order" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer or consultant can review and modify the entered order and data at any time using the browser's "Back" and "Forward" buttons. The order can only be submitted if the customer or consultant accepts these terms and conditions by ticking the box labeled "I agree to the Terms and Conditions, Cancellation Policy & Cancellation Form, Shipping Costs & Payment Information, and Privacy Policy." The seller will then send the customer or consultant an automatic order confirmation by email, which lists the customer's or consultant's order again and can be printed using the "Print" function. The automatic order confirmation merely documents that the customer's or consultant's order has been received by the seller and does not constitute acceptance of the offer. Acceptance does not need to be explicitly stated verbally, but can also be implied through conduct.
§ 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 consultant within the scope of the order and listed in the order and/or order confirmation at the final prices stated in the online shop. Errors and omissions are excepted, in particular with regard to product availability.
(2) The characteristics of the ordered goods are as described in the product descriptions in the online shop. Images on the website may not accurately represent the products; in particular, colors may vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the actual product. Technical data, weight, dimensions, and performance specifications are provided as accurately as possible but may be subject to standard variations. The characteristics described herein 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 order, the seller will inform the customer or consultant of this in the order confirmation. If the product is permanently unavailable, the seller will refrain from issuing an acceptance declaration. In this case, no contract is formed.
(4) If the product specified by the customer or consultant in the order is only temporarily unavailable, the seller will also inform the customer or consultant of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer or consultant has the right to withdraw from the contract. Furthermore, in this case, the seller is also entitled to withdraw from the contract and will promptly refund any payments already made by the customer.
§ 4 Delivery, Prices, Shipping Costs
(1) The goods will be handed over to the shipping company no later than three working days after receipt of payment for bank transfers, and for payments by credit card or instant bank transfer. Delivery time is up to three working days. The seller will indicate any differing delivery times on the respective product page.
(2) Delivery is made to all countries within the EU as well as to Switzerland.
(3) All item prices include statutory VAT. The prices quoted are final retail prices plus shipping costs. The customer or consultant will receive an invoice showing the VAT.
§ 5 Payment
Payment can be made by credit card, bank transfer, Klarna, or SOFORT transfer.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to report these defects immediately to the delivery person and to contact the seller as soon as possible.
(2) Failure to make a complaint or contact the seller has no consequences for the statutory warranty rights of the customer or advisor, but helps the seller to assert its own claims against the carrier or transport insurance company.
§ 7 Warranty for defects
(1) The provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
(2) A guarantee for the goods supplied by the supplier exists only if it has been expressly stated in the order confirmation for the respective item.
(3) Complaints and warranty claims can be submitted to the address provided in the supplier identification.
§ 8 Retention of Title
The delivered goods remain the property of the seller until full payment has been received.
§ 9 Liability
The legal regulations apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer or consultant can view the terms and conditions at any time in their customer account. The order details and the terms and conditions will be sent to the customer or consultant by email. For security reasons, the order details are no longer accessible online after the order has been completed.
§ 11 INFORMATION ON DISPUTE RESOLUTION
(1) EU Commission platform for online dispute resolution: https://webgate.ec.europa.eu/oder .
(2) Cevitalis always strives to resolve any disagreements arising from the contractual relationship amicably. However, Cevitalis does not participate in proceedings before a state-approved consumer arbitration body. Legal recourse remains available at all times.
§ 12 Final Provisions
(1) The language of the contract is German.
(2) Contracts between the seller and the customer or consultant are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded to the customer or consultant by mandatory provisions of the law of the state in which the consumer has his or her 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 place of business. This also applies if the customer or consultant has no general place of jurisdiction in Germany or the EU, or if their domicile or habitual residence is unknown at the time the action is brought.
Terms and Conditions as of: February 11, 2024