Data protection policy
Cellca GmbH ("we," "us," or "our") is seriously committed to protecting your privacy and personally identifying information. Please read the following data protection policy carefully to find out exactly if and when information on you will be stored or used if you visit our Website. If personally identifying information is collected or used (see "Collection and use of personal information"), it shall be as permitted by law - in particular the Federal Data Protection Act, subject to the data protection guidelines of the country in which the department responsible for processing such information is located. Furthermore, visits to and use of our Website is subject to our Terms of Use. By visiting this Website, you signify your agreement to and acceptance of especially the following provisions:
Collecting informationYou may take advantage of our online offers, without having to release any personal information or your identity. If you visit one of our Websites, our servers will generally store certain information for security purposes, including the names of your browser, operating system, and your ISP, the Website that linked you to ours, your IP address, our sites that you visit, and the date and duration of your visit. Moreover these data are generated with every access to any website on the internet and thus this does not constitute a specific function of the Cellca GmbH website. Although this information may enable identification, we do not utilize any personally identifying information. However, we reserve the right to use anonymous aggregated data for statistical evaluations.
Collecting and processing of personal dataWhen you visit our web sites we save the progression in which you visit, together with the date and duration of your visit. This is performed using the statistics tool from Google Analytics. Additional personal data is only saved where this is provided to us voluntarily, for example in the scope of registration, a survey, or the completion of a contact form. Google uses cookies to collect person-related data when you register for a Google service or voluntarily supply information in any other way. Google uses cookies and other technology in order to facilitate the handling of online services for you, with Google also learning how you use the services provided by Google. The Google servers automatically record data when you visit the web sites of Cellca or use Google products. Information registered includes the URL, your IP address, the browser type and browser language as well as the date and time of your web enquiry. Further information can be found in the complete data protection regulations from Google. If you do not wish that the progression of your visit to the web site of Cellca is stored by Google, this can be prevented by disabling / rejecting cookies in your browser. However, this may result in some elements or services failing to function properly.
Collection and use of personal informationPersonally identifying information refers to individual statements on personal or factual circumstances involving a particular or identifiable natural person. This concerns information that could be used to identify your person, for example, your proper name, location, mailing address, and phone number. Information that cannot be related directly to your true identity, for instance, your favourite Websites or the number of visitors to a site is not considered personal information. We shall store personally identifying information on you, only if you choose to provide it to us on your own accord, for example, by filling out an application form to apply to or register with us, or by sending us e-mails to order products or services, make enquiries, or request materials. If you apply for a position online, information on you may be seen and processed by human resources personnel seeking applicants and by other HR department personnel. If you register with us, we shall store information on you in our pool of candidates for vacancy advertisements, and administrative personnel may view the data briefly for purposes of support. The database and its contents remain with our firm and our ISP. We shall use your information exclusively to provide any products or services you request, or for any other purpose for which you have given your consent - except as otherwise permitted by law. Personally identifying information shall be passed on to government institutions or officials only under mandatory statutory provisions. We obligate our staff and contractors to keep such information confidential and not release it to any third parties.
Right to view and correct informationYou have the right to view and correct your personally identifying information with us, by simply sending an e-mail to the address listed under category "contact".
Right to revocationYou have the right to revoke your consent to further use of your personally identifying information at any time, by simply sending an e-mail to the address listed under category "contact".
Cookies and session IDsWe use cookie technology in some sections of our Websites. A Web server sends a cookie to your computer to identify the computer for the duration of your visit. None of the information we gather identifies you personally, and it is of no relevance whatsoever for anything other than our offers. Most browsers are set up to accept cookies automatically. You may deactivate cookies or set up your browser to notify you when they are sent. Similarly, session IDs are parameters deployed by us to accompany and recognize you across various Websites. None of the information we gather identifies you personally, and it is of no relevance whatsoever for anything other than our offers.
SecurityWe maintain extensive technical and organizational safeguards to protect stored information from coincidental or intentional manipulation, loss, or damage, and from access by unauthorized persons. Personally identifying information is encrypted during collection and processing, in order to hinder misuse of the data by third parties. We regularly assess our measures in place for ensuring security of the data, and continually update and improve these measures in line with technological advances.
Links to other websitesLinks from our sites may lead you to other Websites subject to different data protection terms. We neither endorse nor check the content of these external sites or their data protection terms, and hence disclaim any liability whatsoever for any information that may be collected, processed, used, or released by the linked Websites.
AmendmentsWe reserve the right to modify or correct our data protection policy at any time. You shall be responsible for periodically checking this page for any modifications.{/slide}
By visiting this website of Cellca GmbH ("we," "us," or "our"), you signify your agreement to and acceptance of the following terms of use. If you do not accept these terms, please do not use this site. We have developed and maintain this website, and reserve the right, at our sole discretion, at any time and without prior notice, to change, modify, add, or remove portions of this site, our Terms of Use, Terms and Conditions, and Terms of Sale. Therefore, please check this site periodically for any modifications or enhancements.
Right of useAll the content of this website, such as information, documents, and illustrations are the property of Cellca GmbH and protected by copyrights. You may use such material for personal and non-commercial purposes only if the copyright notice "All rights reserved. Copyright © Cellca GmbH" appears on all copies of such material, whereby the textual material may not be altered in any way and the pictorial material is to be used only with its accompanying text it appears with on this site. No part of this material may be reproduced, distributed, altered, or used for any other purpose without the prior written consent of Cellca GmbH.
Trademarks and copyrightsAll trademarks appearing on this website are the property of the Cellca GmbH, unless third party rights thereto are either stated or are identifiable as such. Unauthorized use of these trademarks or other materials is in violation of copyrights, trademarks, or other intellectual property rights and is expressly forbidden.
Limitation of liabilityWe have exercised due care in preparing the content of this website by applying the current state of knowledge to the best of our ability. Nevertheless, we do not accept any liability, whether express or implied, for the completeness, correctness, reliability, or currentness of the content of this website now and in the future. Therefore, please check the information obtained from this website, before using it for any purpose whatsoever. You are responsible for verifying any advice we offer or recommendations we make, which shall be deemed non-binding information pursuant to §675, par. 2 of BGB (German Civil Code). Please contact us directly, if you require any specific advice or instructions on our products or services. You signify your agreement that you are visiting this website and its content at your own risk, and you accept that neither we nor any third party involved in setting up, producing, or transmitting this website shall be held liable for direct, indirect, or consequential damages of any kind.
Links to third party websitesAlthough we may provide links to third party websites, we neither endorse nor check the content thereof, and hence disclaim any liability for the availability or content of such external websites, or for any damages or violations whatsoever that may arise through any kind of use of such third party content. Our prior written consent is required for setting up a link referring to our Cellca GmbH website.
Information provided by website usersIf you provide information to us, you shall be responsible for its content and for ensuring that it is correct and does not infringe upon any third party rights. Unless the information you provide contains personally identifying information that is in excess of master data ("Bestandsdaten") or usage data ("Nutzungsdaten"), you shall consent to us storing and processing the said information for statistical or specified business purposes. We shall be entitled to use the information you provide, including any ideas, inventions, concepts, technologies, or contained know-how, for any purpose whatsoever, including the development, manufacturing, and/or marketing of products or services, and we may also reproduce and release the information, without limitation, to third parties.
International usersWe control, operate, and maintain this website, whose content is solely intended for users in Germany. We do not warrant that the information on this website is also appropriate for locations outside of Germany, or that the products and services offered are available abroad in the same manner and under the same conditions prevalent in Germany. If you visit this website from a location outside of Germany and/or download information from the site, you shall be responsible for ensuring compliance with local laws.
Sale of Cellca products and servicesThe sale of any of our products and services is subject to our current Terms of Sale.
Governing law
The Laws of Germany shall govern any legal rights or processes that arise as a result of or in connection with this website or use thereof.
Purchase Order Terms and Conditions
1. Order Execution1.1 Unless otherwise agreed upon in writing, the following Purchase Order Terms and Conditions shall govern any goods and/or services covered by our purchase order ("Order"), whereby any different terms and conditions proposed by vendors and/or suppliers ("Vendor") shall not become a part of this agreement and are hereby expressly rejected. 1.2 All contracts and collateral agreements must be in writing. Our staff is not authorized to amend contracts or execute collateral agreements, which shall be legally binding only upon written confirmation issued by us. 1.3 Vendor shall confirm each Order by signing and dating it to make it legally binding. If such confirmation is not received within three (3) weeks of order placement, we shall no longer be bound by the Order. 1.4 Any drawings or documents attached to such confirmation shall become an integral and legally binding part of the Order. 1.5 All correspondence, invoices, and shipping documents shall be dated and include the Order number. 1.6 Our Purchase Order Terms and Conditions shall apply only to transactions with businesses and public service institutions pursuant to §301, par. 1 of BGB (German Civil Code).
2. Prices2.1 Prices specified in our Order shall be legally binding. 2.2 Prices specified in our Order are fixed and subject to VAT.
3. Delivery ScheduleUpon becoming aware of a potential delay in delivering a part of or the entire Order, Vendor shall notify us immediately by stating the grounds for and anticipated duration of the delay, regardless of the cause for such delay. In the event of a delay, we shall be entitled to grant a reasonable extension, upon expiration of which we may claim damages or reimbursement of expenses incurred in lieu of performance.
4. Shipment4.1 The place of performance for the Order shall be our head office or another location specified by us. 4.2 Delivery shall be freight prepaid at the risk of Vendor. We shall not advance freight charges. 4.3 Vendor shall carry transportation insurance, and shall be liable for any damage to the goods that results from improper packaging or non-compliance with shipping instructions. 4.4 Vendor shall be responsible for ensuring that all shipments are labelled as specified, and that such information is included in the confirmation of the Order and shipping documents. 4.5 A shipping ticket shall be included with the Order, and be marked with the Order number, date, and article number to facilitate control by our receiving department. An invoice is not acceptable as a shipping ticket. Vendor shall be responsible for any consequences of non-compliance with these requirements, unless Vendor can prove that they are not responsible. 4.6 Partial shipments are not permissible, unless otherwise agreed upon. In any event, any partial shipment made shall not be deemed to be a separate transaction.
5. Warranty, Damage Claims, Reimbursement of Expenses5.1 For a period of at least thirty-six (36) months following delivery, we shall be entitled to claim redelivery, repairs, damages, or reimbursement of expenses incurred that arise as a result of material defects or infringement claims involving the Order, the delivery of goods/services not ordered, or a shortage in the order quantity. Any longer period of claim that has been negotiated contractually or is applicable under the statute of limitations shall remain in force, especially in the event of an act of malicious intent by Vendor. 5.2 A defect in the Order shall be deemed to occur especially upon non-compliance with specified performance and consumption parameters, and for deficiencies in parts subcontracted for by Vendor. Vendor shall warrant that the goods and/or services provided comply with generally accepted professional and technical standards, occupational health and safety regulations, and our professional trade association's binding accident prevention guidelines. 5.3 In the event the Order is deemed defective, we shall, at our discretion, request either a remedy of the defect within a reasonable period or a flawless replacement. Alternatively, we may exercise our right to a reduction in the price or a return for a full refund, prior to granting an appropriate extension period, unless Vendor is not responsible for the defect. Vendor shall reimburse us for expenses incurred to the extent permitted by law. If such remedy is unsuccessful or a flawless replacement is impossible, we shall repair the defect ourselves or have this done through a third party at the expense of Vendor. 5.4 For any replacements or repairs undertaken, Vendor shall be liable to the same extent as for the original Order. 5.5 If an Order is accepted without notifying vendor of a defect, the Order shall, nevertheless, be covered by Vendor's warranty obligations, unless the defect involved was visible and a claim is not filed within an appropriate period. 5.6 If we claim damages in lieu of performance, we shall forfeit our right to request delivery of the Order after such claim has been fulfilled.
6. IndemnityVendor shall indemnify and hold us harmless from and against any product liability claims that may arise as a consequence of the delivery of a defective Order.
7. PackagingVendor shall package the goods properly and include complete documentation required under existing regulations.
8. Invoicing and Payment8.1 Invoices for each Order shall be sent to us by post in duplicate, specifying the Order number, date, and article number, with the duplicate clearly marked as such. The payment term shall commence upon receipt of the invoice, the ordered goods, or the documentation that is a part of the Order, whichever occurs last. We shall accept charges that are supported by documents such as drawings, time cards, etc., subject to verification. 8.2 Vendor shall not assign the purchase price claim without our prior consent, which shall not be denied without just cause. In the event we have filed a legitimate claim for defects, we shall withhold payment, notwithstanding our rights to offsets and withholding as permitted by law. 8.3 Unless otherwise agreed upon, we shall settle the invoice by bank transfer or a deposit only check, at our discretion, within fourteen (30) days. 8.4 Laupheim shall be the place of performance for payments.
9. Third Party RightsVendor shall warrant that no patents, copyrights, or other third party rights shall be infringed upon by the Order or its lawful use and operation. Vendor shall indemnify and hold us harmless from and against any claims that may be filed for infringement of such protective rights by Vendor or for breach of third party rights by Vendor. Vendor shall exercise such indemnity upon the first written demand made by us, and shall notify us of the existence of any ancillary rights that may represent a problem for the intended purpose of the contract.
10. Order Documents10.1 Vendor shall provide, at no cost, in time, and without solicitation, all relevant drawings and documents, especially those we require for the installation, operation, maintenance, and repairs of the Order. 10.2 Upon request, Vendor shall hand over, free of charge, for our exclusive future use, any information, drawings, drafts, films, originals, analysis methods, guidelines, or other documents given to Vendor for manufacturing and/or testing the goods to be supplied. Vendor shall not exploit or copy such material for any other purpose or release it to a third party. 10.3 The provisions of article 10.2 shall also apply to any of the items listed in article 10.2 that Vendor prepares according to our instructions or those in our Order, or any that we may have acquired. We shall have the exclusive right of use to any such works protected by copyrights. 10.4 Vendor shall treat the Order and related work as business secrets and keep such confidential, and shall be liable for any damages we may incur through breach of this obligation.
11. JurisdictionJurisdiction for any disputes that arise from or in connection with our Order shall be exclusively at our place of business indicated in the Order. The Laws of Germany shall exclusively govern our relationship with the Vendor, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. Severability
If any of the terms herein are declared void or unenforceable, the remaining provisions shall continue in full force.
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