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Terms & Conditions

Terms & Conditions

A family saving of stem cells at Cellaviva is divided into 3 steps; (1) Ordering the Cellaviva box, (2) Collection and analysis and (3) Storage.

1. Ordering of the Cellaviva box

Family saving of stem cells from begins with the ordering of a Cellaviva box. The Cellaviva box will be delivered within five days from completed order. When it’s time to give birth, bring the Cellaviva box to the hospital. The box contains all the equipment needed to collect the stem cells and send them by courier to the laboratory for analysis and freezing. You will find complete terms and conditions below.

2. Collection and analysis

Collection of the stem cells is made after the baby is born. When the collection is completed, the stem cells are placed in the Cellaviva box, along with the signed copy of the collection documentation and the blood sample from the mother. Cellaviva is contacted and will book the courier transport to the laboratory. If Cellaviva personnel are present at the hospital, we will organise everything in this step.

3. Storage

After the stem cells have been analysed and has passed the quality requirements they are frozen and stored in Cellaviva’s biobank. It is the mother who enters into agreements on handling and storage of the stem cells. The full agreement is available for download below.

Purchase at cellaviva.se

Cellaviva sells only to private individuals. You can order safely and easily via our website, by phone: 08-735 20 10, or by e-mail:order@cellaviva.se. You can always change your order or make a cancellation. All products are adapted to the Scandinavian market.

Customer service

We care about our customers and want you to feel safe shipping with us. Our customer service will help you with any questions regarding our offer or your purchase. We will charge no extra fees for any telephone contact. Should any problem arise in connection with your purchase, we will always try to solve it with you in the best possible way. We will follow recommendations from The National Board for Consumer Disputes if any case occur.

Prices and payment

All prices at cellaviva.se include VAT. We offer payment by invoice for collection and analysis as well as for storage, and have several payment plans available. For more information and terms of payment, see §5 Payment in the terms of purchase.

Delivery time

Our products are delivered in cooperation with logistics partners to a office of delivery close to the address you provided when ordering. We ship orders during weekdays. The package is delivered within 5 weekdays in cooperation with DHL.

Free shipping

We offer free delivery. More information and terms of delivery can be found under  §7 Delivery in the terms of purchase.

14 days of right of withdrawal

You always have 14 days of withdrawal, from receiving your ordered products. If you wish to exercise your right of withdrawal, please contact us by e-mail at: info@cellaviva.se or by telephone: 08-735 20 10. More information and conditions regarding the right of withdrawal can be found under §8 Right of withdrawal and repurchase in the terms of purchase.

Complaint

You always have three years of right of claim. The right of complaints covers original defects and gives you as a customer free return to us. If you find an error in a product you purchased from us, you should contact us as soon as possible by e-mail: info@cellaviva.se or by phone: 08-735 20 10. For more information and conditions regarding complaints, see §9 Complaint and warranty in the terms of purchase.

Returns

When returning products or materials to us, the products must be packed in such a way that they are protected during transport. We recommend that you pack products in the same way as when delivered to you and using a traceable shipping method when returning. To return products with a prepaid return ticket, please contact us. Return of the Cellaviva box costs 750 SEK including VAT (with the exception of return due to an approved complaint). More information and terms of return can be found under section §10 Returns in the terms of purchase.

Security

We will ensure that data provided or data submitted at purchase or any contact with us is processed safely. Therefore, we only cooperate with serious partners to protect you as a customer. When you make a purchase, your information will be stored and processed in digital and written format. We are responsible for ensuring that the data is stored and processed safely in accordance with the General Data Protection Regulation.

E-agreement Terms of purchase – Version: 404-276-444

TERMS OF PURCHASE – THE CELLAVIVABOX

§1 General information

These terms of purchase (“Agreement” below) are adapted for internet sales (distance trading). Cellaviva, a part of NextCell Pharma AB, (Organization Number: 556965-8361) is the selling party. The Buying Party is referred to as the “Customer” in this Agreement. The terms of the Agreement are adapted for sale to individuals who are over 18 years of age in Sweden and for the sale of goods (“products” below).

You as a customer can easily make an order at https://www.cellaviva.se (“Website” below) as well as by phone or e-mail.

Terms or parts thereof in this Agreement that deviate from mandatory legislation are ineffective in so far as the deviation is not for the benefit of the customer. This provision applies only if the customer is a private person and that the purchase concerns private consumption.

Other agreements Purchases of certain products may result in additional agreements (“other agreements” below). Other agreements may incur obligations for you as a customer, such as payment obligations or credit agreements. Information about other agreements and terms for these is clearly stated on the respective product page. You as a customer approve the other agreements in connection with the signing of this agreement.

§2 Ordering

At Cellaviva you order products easily and conveniently. We offer secure payment options and secure deliveries. Cellaviva receives your order when you click the “Order” button at the checkout (step 4 of 4). By clicking the “Order” button, you as a customer accept payment responsibility for your order. When Cellaviva has received your order, you will receive an order confirmation e-mail at the e-mail address you provided when you ordered. Cellaviva also offers the possibility to order by phone: 08-735 20 10 or by e-mail to:order@cellaviva.se.

Shop safely with the right to change your order If you change your mind, you will be able to change your order. To change order, contact our support. Change of order must be announced before ordering is packed.

Shop safely with the right to cancel If you regret your order, we will cancel it for you. To make a cancellation, contact our support. Cancellation must be announced before ordering is packed.

§3 Prices and fees

Prices are quoted in Swedish kronor (SEK) including of VAT according to current tax rates. VAT for taxable products is charged by 25%.

Fee for unpaid shipment If you as a customer would not collect your order in the manner agreed upon, we charge a fee of 750 SEK including VAT. The fee is necessary to cover the shipping and handling costs that arise. Note that if you do not accept or collect a shipment, is not a notification of regretted purchase. For more information see §8. Right of withdrawal and repurchase below.

Fee for prepaid Return waybill When using prepaid return waybills, a fee of 750 SEK is charged including VAT.

Offers Offers and promotions promoted on the website are valid as long as the stock is sufficient if no other terms are reported in connection with the offer.

§4 Products and assortment

All products offered on the website are adapted for use on the Swedish market. This means, among other things, that the products comply with Swedish environmental and safety regulations. Normally, instructions for use are included in Swedish if required for the use of the product. Any technical specifications, special requirements for accessory equipment, and information on constraints and seals may be found on the respective product page to the extent that it is reasonable or by law.

§5 Payment

Invoice payment Cellaviva offers customers the payment of invoices with 20 days payment time, an invoice fee is added. If payment is not received, a reminder fee of SEK 60 and a default interest rate of 8% will be added. At the time of purchase, a normal credit check is made, which may in some cases involve a credit information on the customer. If the customer is a private individual or individual trader, a request copy is sent to the customer by mail. In case of invoice payment, the customer’s data will be stored and handled for the purpose of performing customer analysis, identification, credit checking.

 

§6 Fulfillment

An order of the Cellaviva box is made when you click the “Order” button at the checkout. Cellaviva has completed its part of this agreement when you have received full delivery of ordered products in your possession. You as a customer have completed your part of this agreement when you have paid full payment and received delivery of ordered products as agreed.

§7 Delivery

Our products are delivered in cooperation with logistics partners to an office of delivery close to the address you provided when ordering. We ship orders during weekdays. The package is delivered within 5 weekdays.

Shipping costs Cellaviva offers free delivery.

Cellaviva in cooperation with DHL (Standard Freight) The Cellaviva box is delivered within 5 weekdays from the day the order was sent from Cellaviva’s warehouse. You will be notified when you can retrieve the package from your agent. The Cellaviva box should be collected within 14 days from the date of notification. If a delivery is returned to Cellaviva we will assumed you regretted your purchase without valid reason, as a customer you will be charged a return fee of 750 kr including VAT. 

Delivery with rural letter carrier If your shipping address is along rural letter carrier lines, delivery time may be extended with 1 weekend-free weekday.

Delivery Delay If a delivery delay occurs, you have the right to terminate this agreement free of charge. In the event that the purchase intended for a product to be customised, manufactured or purchased in accordance with the customer’s wishes and Cellaviva AB can not recover the product without significant loss, the customer is entitled to cancel the purchase only if the purpose of the purchase is lost due to the delay and Cellaviva realised or should have realised this.

Transport Risk The risk of shipment is transferred to you as a customer when it has been handed over to you. This means that Cellaviva is responsible for the transport risk until the shipment reaches you.

§8 Right of withdrawal and repurchase

Withdrawal Policy Customers who agree to this agreement as a private person are entitled to withdraw from the agreement in accordance with Law (2005: 59) for distance contracts and agreements outside business premises. The right of withdrawal is not applicable to customers who entered into this agreement as a trader. The right of withdrawal is valid for 14 days (withdrawal period), the time is counted from the date on which you as a customer have received delivery. The right of withdrawal entitles the customer to investigate the goods and return them in case the customer regrets his purchase. Once the customer has returned his purchase, he or she has the right to recover what he has paid, provided that the customer has not used the products. When using the right of withdrawal, the customer shall notify Cellaviva and then return all products that the order covers to Cellaviva without undue delay, but no later than 14 days. On return, the customer must pay the return charge. Once the customer has notified that it is using its right of cancellation, Cellaviva will make a refund without undue delay, but no later than 14 days, provided that Cellaviva received the products returned by the customer or if the customer submitted proof of return. The refund is made with the same payment method as the customer used to the extent that it is technically possible. Any impairment deductions and deductions for shipping if the customer has chosen alternative than standard freight may be made on the refund. In that case, orders have been made for invoice not yet paid, the invoice will be shredded. Should you return fewer products than the order included, only the product value of the products returned will be refunded. When using the prepaid return ticket at return, the applicable fee for the return shipping will be deducted from the refund.

Procedure for return Use the contact details below to inform Cellaviva that you wish to undo the purchase. The following forms can also be used as a template for cancellation. Link to Refund Form on the Swedish Consumer Agency website.

Contact information:
Cellaviva
Hälsovägen 7
Hiss D, Plan 8
141 57 Huddinge
E-mail: order@cellaviva.se
Telephone: 08-735 20 10

Return of Products See §10 Returns below for information regarding return of Products.

§9 Complaints and warranty

Warranty Customer who purchased a product as a private individual is entitled to make a complaint of the product if it is incorrect according to the Consumer Purchase Act (1990: 932) and the Consumer Services Act (1985: 716). The right of complaints covers original defects and is valid for 3 years after the customer has received the product. The right of complains also covers errors that arise during the transport of the product to the customer. (See Damage Claims below). A product that deviates from what has been agreed between the customer and Cellaviva or otherwise shows errors can also be considered as incorrect. Errors that arise due to damage caused by the customer are not counted as an error of origin. If the customer make a complaint of an incorrect product after 6 months from the customer’s receipt of the product, the customer is also responsible for proving that the product was defect in original. Therefore, Cellaviva always recommends investigating products when delivered and address any errors as soon as it is discovered. In the event of complaint of wrong product, you as a customer are primarily entitled to get the product repaired, or receive a new product. In some cases, you also have the right to cancel the contract and recover what you paid. In the event of a complaint, the customer shall be held ineligible for any costs arising from the complaint. For example, costs for returning an incorrect product must be replaced by Cellaviva. Note that as a customer, you should minimise any costs incurred in case a product proves to be incorrect. In the event of a complaint, each party shall return without undue delay what it has received, in the event that Cellaviva is to undertake re-delivery, the customer is entitled to retain the defective product until it has received delivery of correct product.

Contact information for complaints E-mail: info@cellaviva.se or phone: 08-735 20 10.

Returns To return incorrect products or materials, please see §10 Returns.

 §10 Returns

When returning products or materials to Cellaviva, the products must be packaged in such a way that they are protected during transport. Cellaviva therefore recommends that you always pack products in the same way and with the same packaging as when the products were delivered to you. In case you pack products in a substandard manner and the product is damaged during transport to Cellaviva, you as a customer also bear the responsibility for the damage.

Upon return of products to Cellaviva you are responsible for the products reaching Cellaviva in undamaged condition. Cellaviva recommends that the customer use traceable shipment when returning.

Return address:
Cellaviva
Hälsovägen 7, Hiss D plan 8
141 57 Huddinge

Return with prepaid return waybill To return products with the prepaid return waybill, please contact Cellaviva. When using a return waybill, you will be charged as a customer with a fee as set out in §3 Prices and fees in these terms and conditions. However, the return fee will not be refunded if a return has been made due to an approved complaint. Cellaviva takes the transport risk on return with prepaid return shipping note.

Refunds Cellaviva repays the money without unnecessary delay in the use of the right of withdrawal or if a refund has been made in a complaint case.

 §11 Reservation

 Readmission All products are subject to readmission until the customer has fulfilled his obligations arising from this agreement. This means that ownership is transferred to the customer when the customer fulfills its obligations from the agreement. The Customer is thus not entitled to consume, use, sell or otherwise take action before ownership has passed on to the Customer, which prevents the products from being retrieved by Cellaviva.

Termination Cellaviva reserves the right to terminate the agreement in case the customer acts in bad faith because of errors known to or should have been perceived by the customer, such as incorrect information about price or quantity on the site. In case the cancellation reservation is claimed, the customer is not entitled to damages or other compensation from Cellaviva.

Change Reservation Cellaviva reserves the right to change the content of the website without notice, including, but not limited to, offer, prices and promotions. However, such a change does not affect existing agreements between Cellaviva and the customer.

Liability Disclaimer Cellaviva shall be deemed to be exempt from all obligations under this agreement of liability due to events occurred outside of this agreement, the business of Cellaviva or law.

§12 Disclaimer

Force majeure In the event of government action or failure, new legislation, labor law conflict, war or war danger, greater public order disruption, sabotage, extreme weather conditions, fire, explosion, natural disaster, accident or other circumstance beyond Cellaviva’s control and which Cellaviva could not reasonably have overcome or foresee, Cellaviva shall be entitled to waive its obligations under this Agreement. In such event, Cellaviva shall not be liable for damages for damage suffered by the customer.

External links Cellaviva is not responsible for any damages and problems with the customer’s software or hardware arising from the customer’s use of external links published at https://www.cellaviva.se.

Reservation for price fluctuations or other trade barriers In case of price fluctuations or other barriers to trade, such as lack of the necessary component, where Cellaviva can not reasonably be held under its obligations under this agreement, Cellaviva has the right to terminate the agreement. In such event, the customer is not entitled to damages or other compensation from Cellaviva.

Reservation for tax and tax Changes Cellaviva has the right to cancel the agreement in the event of significant tax or tax changes, which are of major importance to the terms of this agreement. In such event, the customer is not entitled to damages or other compensation from Cellaviva.

Reservation for delivery delay outside Cellaviva’s Control Should a delivery delay occur due to an event outside Cellaviva’s control, Cellaviva shall not be held liable for damage resulting from such delivery delay. In such event, the customer is not entitled to damages or other compensation from Cellaviva unless otherwise specifically agreed between Cellaviva and the customer or provision imposed by compulsory law.

§13 Personal information and privacy

Data such as personal data or other information submitted by the customer to Cellaviva will be stored and processed in digital and paper format. Cellaviva is responsible for the data being stored and processed in accordance with the General Data Protection Regulation. The customers personal data will be used by Cellaviva to enable and ensure fulfillment of the Agreement.

Responsible for personal data:
NextCell Pharma AB (Org. 556965-8361)
Hälsovägen 7
141 57 Huddinge

Information saved:
– Name
– Address
– E-mail address
– Telephone number
– Purchase history at Cellaviva
– Information needed to ensure Cellaviva upholds requirements by law and agreement to customer

The information may also be disclosed to third parties, and may be used for the purposes stated below:

– Acting partner in laboratory services for the purpose of ensuring fulfillment of the agreement
– Acting partner in logistics (carrier) for the purpose of ensuring fulfillment of the agreement
– Acting partner in financial services for the purpose of ensuring fulfillment of the agreement

Official transcript If you have entered into this agreement as a private individual, you are entitled to request a registry exemption once a year. A registry extract indicates what information is stored about you. You request this by sending a signed request to the above postal address. If the information we have about you is incorrect, incomplete or misleading, we will of course correct them.

Unregistering of customer information As a customer, you may, at written and signed request, have your customer information at Cellaviva deleted, subject to such information as is necessary for requirements in tissue establishment regulations.

Data protection policy

NextCell Pharma AB, 556965-8361, (NCP) is the controller for the processing of personal data, unless otherwise stated. NCP takes steps to ensure that data is protected and that the processing takes place in accordance with applicable data protection rules and our internal guidelines and procedures. The policy describes how we collect, process, store and share the personal data we store with us. Personal data means all information that can be used to identify an individual.

Why we process your personal data

We process personal data for several reasons, first and foremost to fulfill our mission. Which means securing safe stem cell storage in our biobank and conducting research. Our objective also includes informing about our company and research as well as potential for medical treatment with stem cells. The most common reasons why we process your personal data that you are a customer with us, have contacted us for questions, participant in a research study, employee, partner or similar. If you have had contact with us, we may process your personal data your personal data in accordance with fulfilment of contractual obligations. In addition to these purposes, we also process personal data to comply with legal obligations to which NextCell Pharma AB is subject.

How we may use your personal data and the lawful basis for doing so

We use your personal data to comply with legal and contractual obligations as well as to provide you with information, advice and services. Data such as personal data or other information submitted by the customer to Cellaviva will be stored and processed in digital and paper format.
Your personal data may also be disclosed to third parties, if it is necessary in order for us to fulfill our agreement with you. Examples may be contracting partners for laboratory services, contracting partners in logistics (carrier) and contracting partners for financial services, all with the aim of ensuring compliance with the agreement.
How long do we keep your personal data at Cellaviva?
We will keep your personal data for the amount of time necessary to fulfill the purposes they were collected for. Personal information is required, among other purposes, to ensure quality and traceability in the biobank for health care and medical treatment with the stored cells (autologous and allogeneic). As long as you are a customer with us, the archiving period is 30 years after final use of tissues/cells.

How we protect your personal data?

Keeping your personal information safe and secure is a key part of how we do business. We have taken appropriate technical, organizational and administrative security measures to protect the information we provide.

Your privacy rights

  • You have the right to request access to the personal data we process about you.
  • You have the right to request correction of incorrect or incomplete data.
  • You have the right request erasure, if legislation permits.
  • You have the right to request limitation of processing of certain personal data.

Contacting us or the Swedish Data Protection Authority

If you wish to exercise your rights, have questions or comments regarding our data protection policy, you are welcome to contact Cellaviva’s customer service either by phone, mail or letter, see below for contact details. Cellaviva has appointed a Data Protection Officer who will contact you in return. If you are not satisfied with our way of handling your questions, you can submit your complaint to the relevant supervisory authority, currently the Swedish Data Protection Authority.

§14 Other

Report to the police Cellaviva report to the police all frauds, fraud attempts and prank ordering.

Discrepancy between different publications In the event of differences between different publications, the information published the latest and in Swedish has to be considered correct. However, this does not apply to data that is obviously incorrect or misleading when comparing the different publications.

Intellectual Property, Logos and Trademarks All material published on the site, including software, logos, audio files, trademarks, as well as text & image, is intellectual property protected. The protection means that the material may not be used without the permission of the copyright holder, the material may not be copied or otherwise transferred to third parties without the express permission of Cellaviva. Any violations are reported.

The purpose of the information All information on the website, regardless of format, is published solely for informational purposes for visitors to use the site. Cellaviva is not responsible for the consequences or damages that may occur if this information is used for any purpose other than the above.

Cookies Cookies are small text files or pieces of information that are stored on the visitor’s computer or mobile device when visiting our website. You can find our Cookie policy here.

Dispute Dispute between Cellaviva and you as a customer is being tried by the court under compulsory legislation. Cellaviva will follow recommendations from The National Board for Consumer Disputes.

E-agreement Terms of purchase – Version: 404-276-444

AGREEMENT – COLLECTION AND STORAGE OF STEM CELLS

Cellaviva agreement ID 31-04-02, signed between the Mother and Cellaviva and is valid from the child’s birth date.

The official agreement is sent digitally and signed with Swedish Bank-ID.

The agreement is signed by the expectant Mother in two originals which the Mother keeps the complete original in the  Information booklet (ENG) / Informationshäfte (SV)  (pages 19-31, ID 40-04-02) while the original in the  Client data Collection booklet (ENG) / Returhäftet (SV) / (pages 10-11, ID 20-04-02) is returned to Cellaviva together with the other documents in the Client data Collection booklet. 

Download a copy of the  complete agreement regarding collection and storage of stem cells (ENG) / fullständigt avtal för insamling och förvaring av stamceller från efterbörden (SV) (pages 19-31 in the Information booklet 40-04-02)

CONSENT – THE COLLECTION OF STEM CELLS

The official consent is sent digitally and signed with Swedish Bank-ID.

The consent is signed by the expectant Mother in two originals which the Mother keeps the complete original in the  Information booklet (ENG) / Informationshäftet (SV)  (pages 10-12, ID 40-04-02) while the original in the  Client data Collection booklet (ENG) / Returhäftet (SV)  (pages 2-4, ID 20-04-02) is returned to Cellaviva together with the other documents in the Client data Collection booklet. 

Download a copy the  complete consent regarding collection of stem cells (ENG) / samtycke till insamling av stamceller, ID 45-03-02 (SV) (pages 10-12 in the Information booklet 40-04-02)

 

Contact
kundtjanst@cellaviva.se