General Terms and Conditions

Scope

  1. These General Terms and Conditions (hereinafter "GTC") of the company Marvida GmbH & Co KG, represented by the managing directors Volker Zitt, apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with marvida GmbH & Co KG regarding their goods in the online shop www.marvida.de. We do not recognize deviating conditions unless we expressly agree to their validity.
  2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (§ 13 BGB - German Civil Code).
  3. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

Prices and Payment Terms

  1. All prices stated for consumers include the statutory value-added tax. The prices valid in the webshop on the day of the order apply. With the release of a new version of the webshop, all previous price specifications lose their validity.
  2. The buyer can choose to pay via "PayPal", "AmazonPay", or prepayment, as indicated in the online shop. In the case of payment by prepayment, the payment is due immediately after the conclusion of the contract. If the payment method "PayPal" or "AmazonPay" is selected, payment processing is handled by the respective payment service provider.

Ordering Process via Online Shop www.marvida.de

  1. The presentation of individual articles in the online shop and the individual product descriptions do not constitute binding offers by marvida GmbH & Co KG. They merely serve to enable the customer to submit a binding offer.
  2. The online order process functions via the online order form integrated into the online shop of marvida GmbH & Co KG. The customer selects items from the range of marvida GmbH & Co KG and places them in a virtual shopping cart using the "Add to cart" button. By clicking on the shopping cart button (in the upper area), the customer receives an overview of the products they have selected.
  3. By clicking the button "ORDER NOW WITH OBLIGATION TO PAY", the customer submits a binding order, which represents a contract offer. Before submitting their order, the customer has the opportunity to check and, if necessary, change their entered data in the relevant section. After submitting the order, an email will be sent to the customer confirming receipt of the order and listing its details. This order confirmation does not constitute an acceptance in terms of sales law, but is intended only to inform our customers that their order has been received by marvida GmbH & Co KG. The purchase contract is only concluded upon a declaration of acceptance by marvida GmbH & Co KG or upon shipment of the ordered goods. marvida GmbH & Co KG reserves the right not to provide the promised performance and to refund the purchase price to the customer if the goods are not or only temporarily available despite the prior conclusion of a corresponding purchase contract.

Information on the Exercise of the Right of Withdrawal

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. 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/has taken possession of the last goods. To exercise your right of withdrawal, you must inform us at:

marvida GmbH & Co KG
Hammstraße 1
67227 Frankenthal (Pfalz)
Tel: +49 6233 35398 29
info@marvida.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the withdrawal period has expired.

Exceptions to the Right of Withdrawal:

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, nor to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

The right of withdrawal does not apply to entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

Consequences of Withdrawal:

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive the notification of your withdrawal from this contract.

For this repayment, we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.

Sample Withdrawal Form:

(If you want to withdraw from the contract, please fill out this form and send it back.)

To
marvida GmbH & Co KG
Hammstraße 1
67227 Frankenthal (Pfalz)
Tel: +49 6233 35398 29
info@marvida.de


I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)



Ordered on (*)/received on (*)



Name of consumer(s)



Address of consumer(s)



Signature of consumer(s) (only if notified on paper)



Date (*)



Delete as appropriate

Delivery and Place of Performance

  1. The place of performance for all contractual claims is Frankenthal. All deliveries are ex works. The delivery time is approx. five working days from the time of conclusion of the contract, unless otherwise agreed.
  2. Delivery is made via shipping upon request. The costs for delivery shall be borne by the customer, unless otherwise agreed in writing.
  3. In the case of delivery via shipping, the risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left the warehouse of marvida GmbH & Co KG for the purpose of shipment. This also applies if carriage-paid delivery has been agreed. If shipping becomes impossible or is delayed through no fault of marvida GmbH & Co KG or through the fault of the customer, the risk passes to the customer on the day of readiness for shipment. Insurance against transport or storage damage will only be taken out upon the express request of the customer. The associated costs shall be borne by the customer. Section 5.3 does not apply to customers who are considered consumers.

Retention of Title

  1. The goods remain the property of marvida GmbH & Co KG until full fulfillment of all liabilities arising from this contractual relationship. In the event of an intention to sell the goods prematurely by the customer, the written consent of marvida GmbH & Co KG must be obtained in advance in any case. If this does not occur, the goods may not be sold.
  2. The customer hereby assigns the claim arising from the sale of the reserved goods, including all ancillary rights, to marvida GmbH & Co KG. The claim against third parties, hereby assigned in advance, may not be assigned to others by the customer. At the request of marvida GmbH & Co KG, the customer is obliged to disclose the assignment to the third-party purchaser and to provide the information and documents required to enforce the rights against the third-party purchaser. marvida GmbH & Co KG is entitled to notify the third-party purchaser of the assignment and to demand payment directly from them.
  3. If the reserved goods are combined by the customer with other objects into a single item, they hereby transfer pro-rata co-ownership of the item to marvida GmbH & Co. KG.
  4. If the goods subject to retention of title are moved to a location other than that on the day of delivery, marvida GmbH & Co. KG must be informed in writing at least 10 days in advance with notification of the new address.

Warranty

  1. A product that is already defective at the time of delivery (warranty case) will be replaced by marvida GmbH & Co KG at the expense of marvida GmbH & Co KG with an equivalent one or professionally repaired.
  2. The warranty obligation for new items for customers considered entrepreneurs is 12 months, and for customers considered consumers it is 24 months, starting from the date of delivery or handover.
  3. Used items are excluded from the warranty. If the buyer of a used item is a consumer, the warranty period is 12 months.
  4. If the type of subsequent performance requested by the customer (replacement of the product or repair) requires an effort that, in view of the product price, taking into account the contract content and the dictates of good faith, is grossly disproportionate to the customer's interest in performance – taking into account in particular the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer – the customer's claim is limited to the other type of subsequent performance. The place of performance for subsequent performance is Frankenthal; marvida GmbH & Co KG is free to carry out the subsequent performance at the customer's location as well.
  5. The customer may withdraw from the contract or demand a reduction of the price (reduction) if the second attempt at rectification fails or if marvida GmbH & Co KG refuses the rectification or does not provide it within a reasonable period of time.
  6. If operating instructions are not followed, modifications are made to the products, parts are replaced, or consumables are used that do not correspond to the specified specifications, any warranty shall lapse.
  7. Warranty claims against marvida GmbH & Co KG are only available to the direct customer and are not assignable.

Liability

  1. Claims for damages by the customer, regardless of the legal ground, in particular due to breach of duties arising from the contractual relationship and from tort, are excluded. This applies in particular to compensation for indirect damages such as consequential damages, loss of profit, including compensation for such damages that did not occur to the contract products themselves, but through their use, their unusability, or in any other way to other devices, items, or persons. Claims under the Product Liability Act, due to a defect after the assumption of a guarantee for the quality of a good, or in cases of maliciously concealed defects remain unaffected. The claim for damages for the breach of essential contractual obligations is, however, limited to the foreseeable damages typical for the contract, unless intent or gross negligence is involved.
  2. Limitations of liability in these General Terms and Conditions do not apply insofar as they result in an exclusion or limitation of liability for damages resulting from injury to life, body, or health that are based on a negligent breach of duty by marvida GmbH & Co KG or an intentional or negligent breach of duty by a legal representative or vicarious agent of marvida GmbH & Co KG.
  3. Limitations of liability in these General Terms and Conditions furthermore do not apply insofar as they result in an exclusion or limitation of liability for other damages that are based on a grossly negligent breach of duty by marvida GmbH & Co KG or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of marvida GmbH & Co KG.

Data Protection

  1. Customer data is subject to electronic data processing, insofar as it is necessary for the processing of orders, the delivery of goods, and for the processing of payment. marvida GmbH & Co KG will observe the relevant data protection regulations when using personal data. The customer expressly agrees to this collection, processing, and use of personal data. They may revoke this consent at any time with effect for the future.
  2. Customers can contact the data protection officer of marvida GmbH & Co KG at any time regarding data protection issues.

Jurisdiction and Contract Amendments

  1. To the extent permitted by law, the registered office of marvida GmbH & Co KG is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) is excluded. German law applies.
  2. Should a provision in these terms and conditions or a provision within the scope of other agreements be or become invalid, the validity of the remainder shall not be affected thereby. § 139 BGB does not apply in this respect.
  3. Additional or deviating agreements must be in writing and only then become part of the contract. This also applies to the amendment of the written form requirement.
  4. General terms and conditions or purchasing conditions of the customer do not become part of the contract.

Image and Text Rights

  1. All image and text rights belong to marvida GmbH & Co KG or its partners. Use without express consent is not permitted.