General Terms and Conditions for petracell Kosmetik

Frischzellen-Forschungslabor GmbH & Co. KG:

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I. Scope

 

I.1. The following terms and conditions apply to all contracts concluded between petracell Kosmetik Frischzellen Forschungslabor GmbH & Co. KG (hereinafter petracell), a consumer or a business owner/entrepreneur who purchases goods from the product range of petracell.

 

I.2. A consumer shall be, in accordance with § 13 of the German Civil Code (following BGB) any natural person who enters into a transaction for a purpose that is neither attributed to its commercial nor its independent professional activity.

 

I.3. A entrepreneur is in accordance with § 14 BGB a natural or legal person or a legal partnership, which is concluding a legal transaction in their commercial or independent professional activity. The entrepreneur must prove his trading activity or business relations at the beginning of the business relationship in a suitable form. For example by presenting a business license.

 

I.4. The following terms and conditions include legal information on the rights of a consumer under the provisions on distance selling contracts and e-commerce.

 

II. Products

 

II.1. The customer shall obtain all neccesarry product information on the essential characteristics of the products that are the subject of his order, prior to his order. Information can be obtained on the website of petracell, petracell catalogs or petracell newsletter.

 

II.2. Petracell reserves the right to change the offered assortment and product lines or to take it out of range at any time. The product photos shown on our website are non-binding.

 

II.3.  Orders of petracell- products may be made by phone, placed by fax, email or by sending an filled order form via post.

 

III.Contractor

 

III.1. The contract is concluded with petracell

 

III.2.  address:

 

petracell Kosmetik Frischzellen-Forschungslabor GmbH & Co. KG

Street: Stefanie-von-Strechine-Straße 6

ZIP-Code: 83646 Bad Tölz

Phone: 08041/ 79919- 0

Fax: 08041/ 79919- 29

E-Mail: info@petracell.de

Website: www.petracell.de

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IV. Contract Conclusion

 

IV.1. The presentation of the petracell- products on the website, catalogs and petracell newsletter is not a legally binding offer, but merely an invitation to submit a legally binding offer ("invitatio ad referendum"). All offers are valid "while stocks last", if not stated otherwise in the product description.

 

IV.2. The purchase contract is concluded as follows: In a telephone order, the contract is concluded by the oral statement of consumer/entrepreneur to purchase a particular product (offer), and the (in deputy for petracell) statement of the employee to carry out the order (acceptance). Using Fax. The contract is made when the fax message of the consumer/entrepreneur is sent to petracell (offer) and petracell has confirmed the oder (acceptance). The contract using an order by e-mail or a purchase card is according to the above described.

 

IV.3. The costumer has the right to counter demands only in the case of indisputable or legally determined demands.

 

IV.4. The customer shall be entitled to assert for right of retention only if his claims are founded upon the same agreement.

 

IV.5. The contract will be saved as part of the accounting software "Lexware". However, the text of the contract is not accessible to the customer in this context.

 

IV.6. The contract might be concluded in German or English language.

 

V. Methods of Payment

 

V.1. The payment of the goods is either made via SEPA direct debiting, invoice, in the form of cash or by credit card.

 

V.2. As part of the SEPA direct debiting the customer's will give petracell either his IBAN or the account number and bank account when ordering. The balance is withdrawn within seven days of delivery. If the withdrawal id denied by the credit institution, because the account is not covered or the customer has given petracell false information on IBAN and / or account number and sort code, the customer has to cover the costs incurred.

 

V.3. As part of the payment via invoice, the customer pays the entire invoice amount within 10 days of receiving the goods. Here the date of receipt of the money by us shall be the determining factor (i.e. in the case of transfer: value date in our account). If the customer uses bank transfer or direct payment via an ATM or online, he should ensure the correct transfer according to the account data provided by petracell. As intended purpose, customer number and invoice number should be entered.

 

V.4. petracell reserves the right to request advance payment for new customers or those who have previously been issued with payment reminders.

 

VI. Right of Cancelation

 

VI.1. Cancelation Conditions

 

Every consumer has the right to cancel an order within 14 days without giving a reason. The cancellation period starts by receiving the receipt of such notice, but not before the consumer has received the goods. Regardless of the access to this information, however, the right of withdrawal expires the latest 12 months, and 14 days after the receipt of the goods. The cancellation is done by declaration to petracell. The explanation may be in the form of a postal letter, fax or e-mail. The statement of the decision of the consumer to cancel the contract shall be clearly stated. The post date shall determine the timeliness of the notification. The consumer may use the attached cancelation form, but is not forced do to so.

 

Cancellation form:

 

- To petracell Kosmetik Frischzellen-Forschungslabor GmbH & Co. KG, Stefanie-von-Strechine-Strasse 6, 83646 Bad Tölz, Fax: 08041/ 799 19 -29, Mail: info@petracell.de:

- I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/provision of the following service

- Appointed on / received on:

- Name / consumer (s):

- Address of / consumer (s):

- Signature / consumer (s) (only for communication on paper):

- date:

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Notice of withdrawal of the consumer must be sent to:

 

petracell cosmetics fresh cell research laboratory GmbH & Co. KG

Street: Stefanie- of- Strechine-Straße 6

ZIP-Code: 83646 Bad Tölz

Phone: 08041 / 79919- 0

Fax: 08041 / 79919- 29

E-mail: info@petracell.de

Website: www.petracell.de

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VI.2. Effects of Cancelation

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If the consumer exercises his right of withdrawal, both consumers and petracell are no longer bound to the contract declarations. In this case petracell will return customers payments including delivery costs (except for the additional costs arising from the fact that the consumer has chosen a different method of delivery than offered by petracell) within 14 days. The period begins with the receipt of the cancellation at petracell. Petracell will use the same method for repayment, the consumer has used in the original transaction, unless the consumer agreed otherwise.

 

Equally the consumer must return the goods within 14 days to petracell. The period begins with the date on which the consumer informed petracell of its cancellation. The deadline is met if the consumer sends the goods before the end of the deadline.

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In the event of the consumer rescinding the contract, he/she will bear the direct costs of returning the product.

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The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.

 

Petracell is entitled to refuse all repayments until it has received the returned goods or the consumer has proven that he has returned all goods.

 

VI.3. Exceptions from the right of withdrawal

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In respect of distance contracts, the right of withdrawal shall not apply as regards the following:

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- the supply of goods made to the consumer's specifications or clearly personalized or which are liable to deteriorate or expire rapidly;

- the supply of sealed goods which are unsuitable to return for reasons of health or hygiene when they are unsealed after delivery.

 

VII.  Notes for a possible return of the goods

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When returning goods the customer is advised to note the following to simplify the returnprocess:

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1) Use the original packaging to return the product

2) Send the package to the following address:

 

petracell Kosmetik FrischzellenforschungslaborGmbH & Co. KG

Stefanie-von-Strechine-Straße 6

83646 Bad Tölz

 

Following these instructions is not mandatory, facilitates petracell but the procedure. Your statutory rights are provided to you even without complying with these instructions.

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VIII. Prices and shipping costs

 

VIII.1. On the web site of petracell, the petracell catalogs and the petracell newsletter called product prices include the legal VAT and other price components.

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VIII.2. In addition to the product price petracell rises following shipping costs:

 

Deliveries within Germany: Deliveries within Germany are free of shipping fees from a value of 150 €.

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For deliveries up to a value of 150 Euro shipping costs will be in the amount of 6.50€.

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Fast shipping supplies are from a value of 500 Euro free of extra charge (excluding cost of shipping).

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For express deliveries up to a value of 500 Euro Shipping costs will be in the amount of 25.00 Euro.

 

Deliveries outside of Germany, within the EU: The shipping costs for deliveries outside of Germany, within the EU are depending on country and weight of shipment.

 

Deliveries outside the EU: The shipping costs for deliveries outside the EU are depending on country and weight of shipment.

 

IX. Delivery

 

The goods will be delivered to the address specified by the customer when ordering. The shipping risk is borne by petracell. Standard deliveries are carried out by DHL. Express deliveries are made by TNT Express. Standard deliveries by DHL usually take 5 to 7 working days. Express shipping by TNT Express will mostly be delivered within 24 hours. In case the shipping is not possible, the transport company will contact you to offer further possibilities. Our delivery obligation shall not apply in cases where petracell do not receive proper or punctual delivery and is not responsible for the lack of availability. In case of non availability of the goods petracell will inform customers immediately and any advance payments will be refunded immediately.

 

X. Retention of title

 

Until full payment the goods remain the property of petracell. During the retention of title, the customer is not permitted to resell the goods. In breach of contract, especially in case of default, petracell is entitled to reclaim the reserved goods.

 

XI. Warranty

 

German legal warranty rights are valid.

 

XII. Liability

 

Petrcaell’s liability for damages is unlimited in accordance with the provisions of law governing liability for damages of life, body and health resulting from negligent orintentional neglect of responsibilities by petracell, its legal representatives or agents as well as damages based on liabilities according to the German Product Liability Code.

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Liability of petracell for damages not governed by sentence 1 above resulting from a negligent and intentional violation of the contract as well as intention to deceive on the part of petracell, its legal representatives or agents, is based on the provisions of the law. However, in this case, liability is limited to the foreseeable, typically occurring damage, unless actions by PVP, its legal representatives or agents have been executed with intention.

 

XIII. Privacy Policy

 

Our data privacy policy based on by the statutory provisions. Please see our Privacy Policy for details regarding the collection and use of your personal data.

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XIV. Applicable law

 

The law of the Federal Republic of Germany, excluding the UN Sales Convention.

 

XV. Jurisdiction

 

Exclusive place of jurisdiction for all disputes arising directly or indirectly from the contract and its termination and from deliveries shall be court in Munich.