General Terms and Conditions (GTC) and Consumer Information

 

General Terms and Conditions and Consumer Information within the framework of purchase contracts concluded via the online shop between celljoy, Evelyne Furrer - hereinafter referred to as "Seller" - and the customer - hereinafter referred to as "Customer".

 

§ 1 Scope of Application and General Notes

(1) Subject to individual arrangements and agreements that take precedence over these GTC, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer's own terms and conditions is rejected.

1. The Customer is a consumer insofar as they conclude the contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2. celljoy reserves the right to amend these GTC at any time. The version of these GTC valid at the time of the order shall be applicable in each case and cannot be unilaterally changed for that order. Terms and conditions of the customer that contradict or deviate from these GTC will not be recognized.

 

§ 2 Product and Price

(1) Illustrations of products in advertising, brochures, online shop price lists, etc. serve for illustration purposes and are non-binding. Many products are handcrafted. Color and dimensional deviations may vary slightly and are not grounds for return.

(2) All sales prices published in the online shop represent final prices that include all taxes (especially VAT) and, unless otherwise agreed, plus transport costs.

(3) celljoy reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.

 

§ 3 Conclusion of Contract

(1) The essential characteristics of the goods are derived from the respective product description posted by the Seller.

(2) All offers in the Seller's online shop merely constitute a non-binding invitation to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer's order, the Customer will first be sent a confirmation that their order has been received by the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the Customer's order, the Seller will review it and inform the Customer whether they accept the order (order acceptance). If, after order acceptance, it is determined that delivery of the goods is not possible or that there was a price error, the order will be cancelled or, in the case of price errors where the goods have already been delivered, the price difference will be subsequently claimed from the Customer. In the case of price errors, the Customer is entitled to return the goods to celljoy should the Customer not agree with the subsequent billing of the price difference. In any case, the Customer cannot assert any further claims against celljoy or a supplier.

(3) The ordering process in the Seller's online shop functions as follows:

The offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking on the "Accept GTC" button and thereby incorporates them into their offer. The Seller will then send the Customer an automatic receipt confirmation by email. The automatic receipt confirmation merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded through the submission of the acceptance declaration (order acceptance) by the Seller, which is sent in a separate email.

 

§ 4 Subject of Contract, Quality, Delivery, Product Availability

(1) The subject of the contract consists of the goods and services specified by the Customer in the order and mentioned in the order/or order confirmation at the final prices stated in the online shop. Errors and mistakes therein are reserved, particularly with regard to product availability. (2) The quality of the ordered goods is derived from the product descriptions in the online shop. Images on the website may only reproduce the products inaccurately; in particular, colors may deviate considerably for technical reasons. Images serve merely as illustrative material and may differ from the product. Technical data, weight, dimensions and performance descriptions are given as precisely as possible but may have the usual deviations. The properties described here do not constitute defects in the products delivered by the Seller. (3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Seller will inform the Customer of this in the order confirmation. If the product is permanently unavailable, the Seller will refrain from making a declaration of acceptance. In this case, a contract is not concluded.

 

§ 5 Default of Acceptance

If, after expiration of an additional period set for them, the Customer refuses to accept the delivered items or declares that they do not wish to accept the goods, celljoy may refuse to fulfill the contract and demand damages for non-performance. celljoy is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the Customer as damages.

 

§ 6 Transfer of Risk

As soon as the shipment has been handed over to the company executing the transport, the statutory provisions of the Code of Obligations regarding freight contracts apply. This means, among other things, that after successful handover or deposit of the shipment by the transport company, the risk passes to the Customer. If the Customer does not want the shipment to be deposited, it is the Customer's responsibility to inform the transport company (e.g., the postal service). To ensure and track correct delivery, the transport company may take photos (including geographical coordinates) of the deposited shipment. An individually agreed assumption of transport costs by celljoy has no influence on the transfer of risk.

 

§ 7 Warranty/Guarantee

(1) celljoy or the supplier/manufacturer assumes the guarantee for freedom from defects and functionality of the ordered product for one year after delivery or collection, unless expressly agreed otherwise in writing.

(2) If operating or maintenance instructions are not followed, modifications are made, or parts are replaced that do not correspond to the original specifications, any warranty/guarantee shall be void insofar as the defect is attributable to this. This also applies insofar as the defect is attributable to improper use, storage and handling of the devices, or external intervention as well as opening of devices.

(3) Immaterial deviations from guaranteed properties of the goods do not trigger warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/included batteries/included or built-in rechargeable batteries is excluded.

(4) If a warranty or guarantee case occurs, there is a claim for rectification, replacement performance or cancellation. The choice of the type of defect remedy lies with celljoy. If celljoy decides to cancel the contract, a credit note will be issued at the daily price (maximum the sales price at the time of the order).

(5) The guarantee period is not interrupted by a possible warranty or guarantee case, but continues to run.

(6) The replacement of parts, assemblies or entire devices does not result in new warranty periods coming into force.

(7) Warranty or guarantee claims against celljoy are only available to the direct customer and are not assignable.

(8) The statutory warranty is completely excluded.

 

§ 8 Third-Party Links

(1) Certain content, products and services available through our service may contain materials from third parties. (2) Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and assume no liability or responsibility for third-party materials or websites or for other third-party materials, products or services. (3) We are not liable for damages in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please carefully read the policies and practices of third parties and make sure you understand them before conducting a transaction. Complaints, claims, concerns or questions about third-party products should be directed to the respective third party.

 

§ 9 Delivery, Prices, Shipping Costs

The shipping and return conditions are an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the delivery & return conditions.

 

§ 10 Payment

Payment is made by credit card or advance payment (bank transfer).

 

§ 11 Transport Damage

(1) If goods are delivered with obvious transport damage, the Customer is requested to complain about these defects immediately to the delivery person and to contact the Seller as soon as possible. (2) The failure to make a complaint or to make contact has no consequences whatsoever for the Customer's statutory warranty rights, but helps the Seller to be able to assert their own claims against the carrier or transport insurance.

 

§ 12 Warranty for Defects

(1) The manufacturer is liable for material defects in accordance with the statutory provisions applicable thereto. (2) A guarantee for the goods delivered by the provider only exists if this was expressly given in the order confirmation for the respective article. (3) You can submit complaints and

defect liability claims at the address specified in the provider identification.

 

§ 13 Retention of Title

Until payment is made in full, the delivered goods remain the property of the Seller.

 

§ 14 Liability/Limitation of Liability

The statutory provisions apply. Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tortious acts are excluded both against celljoy and against auxiliary persons and substitutes, unless intentional or grossly negligent conduct is present. Any liability for consequential damages resulting from the use of the products is disclaimed.

 

§ 15 Contract Text

The contract text is stored on the Seller's internal systems. The Customer can view the General Terms and Conditions at any time in their customer account. The order data and the GTC are sent to the Customer by email. After completion of the order, the order data is no longer accessible via the Internet for security reasons.

 

§ 16 Data Protection

celljoy undertakes to comply with data protection requirements when processing customer data. Further information on the handling of customer data can be found in the separate privacy policy. The privacy policy is an integral part of these general terms and conditions. By accepting the general terms and conditions, the customer also agrees to the privacy policy.

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§ 17 Final Provisions

(1) The contract language is German. (2) Swiss law applies to contracts between the Seller and the Customers. (3) If the Customer 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 and the Seller is the Seller's registered office.

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Status: 04/2025