GTC

General Terms and Conditions of Cell4Care® GmbH

§ 1 Scope of application, contractual partners
These general terms and conditions apply to all orders and deliveries of goods between Cell4Care® GmbH, Straßberger Str. 109, D-08527 Plauen (hereinafter referred to as the seller) and its customers, in the respective current version at the time of the conclusion of the contract.
These general terms and conditions apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions shall not be recognized unless the user has expressly agreed to them in writing in individual cases.
For some of the following provisions, a distinction is made as to whether the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) or an entrepreneur within the meaning of Section 14 (1) BGB. In the case of provisions that are different for consumers and entrepreneurs, a distinction is made in the text between consumers (Section 13 BGB) and entrepreneurs (Section 14 (1) BGB). If the text refers exclusively to "customer", the regulation applies to both consumers and entrepreneurs.

§ 2 Conclusion of the contract
By sending the completed order form or a purchase order by email, the customer submits a binding order within the meaning of §§ 145 ff. BGB to the seller, to which the customer is bound for four weeks.
The contract with the seller is concluded when the seller accepts this offer by sending a separate order confirmation or by sending the ordered product to the customer
For purchases in the Internet store: The order is stored by the seller after conclusion of the contract and can be retrieved by the customer under his*her store login area after completion of the order process. The order data can be printed out by the customer immediately after submitting the order or he can use the e-mail "order confirmation" for this purpose.
The contract language is German or English.

§ 3 Prices
The prices quoted are in euros and do not include statutory VAT and other price components as well as the shipping costs incurred

§ 4 Delivery
The time of delivery shall be agreed individually between the parties. The Seller is entitled to make partial deliveries and render partial services at any time, provided that these are reasonable for the Customer. If partial deliveries are made by the user, the seller shall bear the additional delivery costs.
If the customer is a consumer, the seller shall bear the transport risk. In all other cases, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or to the person otherwise designated to carry out the shipment.
If the seller is unable to deliver the ordered goods through no fault of its own because its supplier does not fulfill its contractual obligations, the seller shall be entitled to withdraw from the contract with the customer. However, this right of withdrawal shall only exist if the Seller has concluded a congruent hedging transaction
(binding, timely and sufficient order of the goods) with the supplier concerned and is not responsible for the non-delivery of the goods in any other way. In such a case, the seller shall inform the customer immediately that the ordered goods are not available. Any payments already made by the customer will be refunded immediately.
If the seller is prevented from fulfilling its delivery obligation by the occurrence of unforeseen events, e.g. war, natural disasters, strikes and force majeure, and if it was unable to avert these even with reasonable care under the circumstances, the delivery period shall be extended accordingly. The Seller shall also inform the Customer of this without delay. The customer's statutory claims shall remain unaffected by this.

§ 5 Retention of title
The goods shall remain the property of the Seller until the purchase price has been paid in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the Seller's consent. The customer must inform the vendor immediately in writing if and insofar as third parties have access to the goods.

§ 6 Terms of payment
The purchase price and any shipping costs incurred are due upon conclusion of the contract.
If an appliance is only produced, 70% of the purchase price is due upon conclusion of the contract, 30% before delivery.
Leasing financing: confirmation from the leasing bank must be submitted
Bank financing: by the buyer's bank. The financing confirmation must be submitted
In addition, it is possible to open a letter of credit from an order value of EUR 100,000. Accepted conditions: unconditional, irrevocable, payable on first demand, without deduction.

§ 7 Revocation
If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), they have a right of revocation in accordance with the statutory provisions.
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. To exercise the right to cancel, you must inform us, Cell4Care® GmbH, Straßberger Str. 109, 08527 Plauen, Deutschland, E-Mail: info@cell4care.com, Telefax: +49 3741 2629997 Telefon: +49 152 282 32803, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. We shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to distance contracts
for the supply of audio and video recordings or software, provided that the seal on the data carriers supplied has been broken by the consumer;
for the supply of goods made to customer specifications or clearly tailored to personal requirements.
End of the cancellation policy

§ 8 Liability for defects
The Seller shall be liable to consumers for defects existing at the time of delivery of the goods for a warranty period of twenty-four months and to entrepreneurs for a period of twelve months.
In the case of the sale of used goods, the Seller shall assume the warranty to consumers for a period of twelve months and to entrepreneurs for a period of six months.
Warranty rights of the customer, who is an entrepreneur, presuppose that he has fulfilled his obligation to inspect and give notice of defects in writing and without delay in accordance with § 377 HGB (German Commercial Code).

§ 9 Transport damage
If the customer notices obvious transport damage upon delivery, the seller asks him to complain to the deliverer immediately and to contact the seller as soon as possible on +49 152 282 32803. This shall not affect the consumer's statutory claims for defects. However, it makes it easier for the Seller to enforce its claims against the commissioned transport company.
For customers who are entrepreneurs, the statutory provisions apply.
In the event of a location other than the Buyer's registered office, the Seller assumes responsibility for proper delivery and installation, as well as commissioning.

§ 10 Maintenance/Service
If no additional maintenance contract or maintenance and service contract is concluded between the parties, the seller shall perform the service work. The general repair conditions of the seller and the manufacturer shall apply.

§ 11 Liability
The Seller shall be liable without limitation for damage caused intentionally or by gross negligence and in the event of fraudulent concealment of defects and the assumption of a guarantee of quality.
The Seller shall only be liable for other damage caused by simple negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation) and if the damage is typical and foreseeable due to the contractual use of the goods. Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of the User's employees, representatives and vicarious agents.
Liability under the Product Liability Act remains unaffected.
Insofar as the Seller provides technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by the Seller, this is done free of charge and to the exclusion of any liability.

§ 12 Exceptions
The GTC do not apply to brokered products from Bemer, or generally to products that are not sold on the customer's own account. The GTC of the respective company apply to these products.

§ 13 Final provisions
German law shall apply. If the customer is a consumer, this choice of law shall only apply insofar as it does not deprive the customer of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorability).
If the customer is a merchant or a public corporation, the place of jurisdiction for all disputes arising from this contract shall be Bruckmühl. Should one or more provisions of these GTC be invalid, this shall not result in the invalidity of the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
No ancillary agreements have been made. Amendments or additions to the contract must be made in writing to be effective. The same applies to the revocation of this written form clause.

Plauen, 1.7.2023