Terms and Conditions

General terms and conditions of business

Scope

  1. These General Terms and Conditions (hereinafter referred to as "GTC") of Marvida GmbH & Co KG, represented by Managing Director Volker Zitt, apply to all contracts concluded between a consumer or business (hereinafter referred to as "Customer") and marvida GmbH & Co KG for goods sold in the online shop www.marvida.de. We do not recognize any deviating terms and conditions unless we expressly agree to their validity.
  2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
  3. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (Section 14 of the German Civil Code).

Prices and payment terms

  1. All prices quoted for consumers include the applicable VAT. The prices valid in the webshop on the day of the order apply. Upon the release of a new version of the webshop, all previous prices become invalid.
  2. The buyer can pay either via PayPal, AmazonPay, or prepayment, as stated in the online shop. When paying in advance, payment is due immediately after conclusion of the contract. If the payment method "PayPal" or "AmazonPay" is selected, payment processing will be handled by the respective payment service provider.

Ordering process via online shop www.marvida.de

  1. The presentation of individual items in the online shop and the individual product descriptions do not constitute binding offers by marvida GmbH & Co KG. They serve only to enable the customer to submit a binding offer.
  2. Online ordering is done via the online order form integrated into the marvida GmbH & Co KG online shop. Customers select items from marvida GmbH & Co KG's product range and place them in a virtual shopping cart using the "Add to Cart" button. By clicking the shopping cart button (at the top), customers receive an overview of their selected products.
  3. By clicking the "Place binding order now" button, the customer submits a binding order, which constitutes a contractual offer. Before submitting their order, the customer has the opportunity to review the data they have entered and, if necessary, change it. 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 acceptance in the sense of sales law, but is only intended 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 dispatch of the ordered goods. marvida GmbH & Co KG reserves the right not to provide the promised service and to refund the purchase price to the customer if the goods are not or temporarily unavailable despite the prior conclusion of a corresponding purchase contract.

Information on exercising 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 shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. To exercise your right of withdrawal, you must notify us.

marvida GmbH & Co KG
Hammstrasse 1
67227 Frankenthal (Palatinate)
Phone: +49 6233 48047
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 model withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Exceptions to the right of withdrawal:

The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as to contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

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

Consequences of revocation:

If you cancel this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Sample cancellation form:

(If you wish to cancel the contract, please fill out this form and return it.)

To
marvida GmbH & Co KG
Hammstrasse 1
67227 Frankenthal (Palatinate)
Phone: +49 6233 48047
info@marvida.de


I/we (*) hereby revoke 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 the consumer(s)



Address of the consumer(s)



Signature of the consumer(s) (only if notification is made 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 period is approximately five working days from the date of contract conclusion, unless otherwise agreed.
  2. Delivery will be made by mail upon request. The customer shall bear the delivery costs unless otherwise agreed in writing.
  3. For deliveries by mail, the risk is transferred to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left the marvida GmbH & Co KG warehouse for dispatch. This also applies if freight-free delivery has been agreed. If shipping is impossible or delayed through no fault of marvida GmbH & Co KG or due to the fault of the customer, the risk is transferred to the customer on the day the goods are ready for dispatch. Insurance against transport or storage damage will only be taken out at the express request of the customer. The associated costs are 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 all obligations arising from this contractual relationship have been fully fulfilled. If the customer intends to sell the goods prematurely, prior written consent from marvida GmbH & Co KG must be obtained in all cases. If this consent is not obtained, the sale may not take place.
  2. The customer assigns the claim from the sale of the reserved goods, including all ancillary rights, to marvida GmbH & Co KG. The claim against third parties assigned here in advance may not be assigned by the customer to others. At the request of marvida GmbH & Co KG, the customer is obligated to notify the third-party purchaser of the assignment and to provide the information and documents necessary 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 the third-party purchaser.
  3. If the customer combines the reserved goods with other items to form a single item, he hereby transfers proportionate 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 the one on the day of delivery, marvida GmbH & Co. KG must be informed in writing at least 10 days in advance, stating the new address.

Warranty

  1. A product that is already defective upon delivery (warranty case) will be replaced by marvida GmbH & Co KG with an equivalent product or professionally repaired at marvida GmbH & Co KG's expense.
  2. The warranty period for new items is 12 months for customers who are considered entrepreneurs and 24 months for customers who are considered consumers, and begins on 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 expenditure that, considering the product price and the contract content and the principles of good faith, is grossly disproportionate to the customer's interest in the service – 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 used 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 perform the subsequent performance on-site at the customer's premises.
  5. The customer may withdraw from the contract or demand a reduction in the price (reduction) if the second attempt at rectification fails or marvida GmbH & Co KG refuses to rectify the defect or does not carry it out 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 meet the specified specifications, any warranty will be void.
  7. Warranty claims against marvida GmbH & Co KG are only available to the direct customer and are not transferable.

Liability

  1. Claims for damages by the customer, regardless of the legal basis, in particular for breach of obligations arising from the contractual relationship and tort, are excluded. This applies in particular to compensation for indirect damages such as consequential damages, lost profits, including compensation for damages that did not occur to the contractual products themselves, but rather through their use, their unusability, or in any other way to other devices, objects, or persons. Claims under the Product Liability Act, for defects after a guarantee has been given for the quality of a product, or for fraudulently concealed defects remain unaffected. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damages typical for the contract, unless there is intent or gross negligence.
  2. Limitations of liability in these General Terms and Conditions shall not apply if 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 shall not apply if 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 if necessary for processing orders, delivering goods, and processing payments. marvida GmbH & Co KG will comply with the relevant data protection regulations when using personal data. The customer expressly consents to this collection, processing, and use of personal data. They may revoke their consent at any time with future effect.
  2. Customers can contact the data protection officer of marvida GmbH & Co KG at any time with any questions regarding data protection.

Place of jurisdiction and contract changes

  1. To the extent permitted by law, the registered office of marvida GmbH & Co KG shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) is hereby waived. German law applies.
  2. Should any provision of these Terms and Conditions or any provision within the framework of other agreements be or become invalid, the validity of the remaining provisions shall not be affected. Section 139 of the German Civil Code (BGB) shall not apply in this respect.
  3. Additional or deviating agreements must be in writing and will only become part of the contract if they are so agreed. This also applies to any modification of the written form requirement.
  4. The customer’s general terms and conditions of business or purchase do not become part of the contract.

Image and text rights

  1. All image and text rights are held by marvida GmbH & Co KG or its partners. Use without express consent is prohibited.