Basic information
1) The following terms and conditions apply to all contracts that you conclude with us as a provider (mivita care gmbh) via the website www.mivita.care. The range of goods in our online shop is aimed exclusively at adult customers. The inclusion of general terms and conditions of customers who contradict these terms and conditions is already objected to. The contract language is German. You can access and print out these terms and conditions on our website.
2) We do not save the complete text of the contract. You can print out the contract data or save it electronically using the online shopping cart system before sending your order. After receiving your order, we will send you the order details, the legally required information for distance selling contracts and the general terms and conditions again by email.
Basic information
1) Our product offers on the Internet are non-binding and do not represent a binding offer to conclude a contract. You can place an order, i.e. a binding purchase offer, via our online shopping cart system. To do this, place the goods you intend to purchase in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again in an order overview. Here you have the opportunity to check all information again before sending your order, to change it (also using the “back” function of the internet browser) or to cancel the purchase. By sending the order using the “Buy” button, you are making a binding offer to conclude the contract. You will then receive an automatic confirmation of receipt by email, which does not yet lead to the conclusion of the contract.
(2) We can accept your offer within 2 days by sending an order confirmation by email. If you do not receive a corresponding message within this period, you will no longer be bound to your order. In this case, we will immediately reimburse you for any services that have already been provided.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices/Payment Methods
(1) The prices stated in our offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
(2) Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description. The shipping costs will continue to be shown separately during the ordering process and must be borne additionally by you unless free shipping is guaranteed.
(3) We offer you various payment methods. These are shown under a correspondingly labeled button on our website or in the respective item description. Unless otherwise stated, payment claims arising from the concluded contract are due for payment immediately.
§ 4 Delivery conditions
(1) Delivery conditions, delivery dates and any existing delivery restrictions can be accessed using a correspondingly labeled button on our website or in the respective item description.
(2) For consumers, the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to the consumer when the goods are handed over to them. This is regardless of whether the shipment is insured or uninsured. However, this does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
(3) For entrepreneurs, delivery and shipping takes place at their own risk.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) The following also applies to entrepreneurs:
- We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of security is not permitted before ownership of the reserved goods is transferred.
- You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory liability rights for defects apply.
(2) For entrepreneurs, the following applies differently from paragraph 1:
- as an entrepreneur, you must inspect the goods immediately and with due care for deviations in quality and quantity and report any obvious defects to us within 7 days from receipt of the goods in writing. Deadline is sufficient for the timely dispatch. This also applies to hidden defects discovered later upon discovery. If you do not fulfill your obligation to inspect and give notice of complaints, the assertion of warranty claims is excluded.
- If there are defects, we can, at our discretion, provide a guarantee through repair or replacement delivery. If the removal of the defect fails, you can choose to demand a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
- the warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damages attributable to us resulting from injury to life, body or health and damages caused by gross negligence or intent or fraud, as well as for recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
§ 7 Liability
(1) We are fully liable for damages resulting from injury to life, body or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance you can regularly rely.
§ 8 Final provisions
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability). The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(2) The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
As of: October 5, 2018
