Conditions

General terms and conditions of the Millivital web shop for end users

from Millivital GmbH | At the sign 27 | D-55232 Alzey | Germany (called "seller" below).

1. Scope

For the business relationship between the seller and the customer (hereinafter referred to as "customer"), the following general terms and conditions apply exclusively in their version valid at the time of the order. Different conditions of the customer are not recognized, unless the provider expressly approves their validity in writing.

2. Registration / guest access

The customer can choose between free registration or free guest access. He has to provide truthful information. The seller reserves the right to exclude customers from registration or guest access without reasons.

3. Right of withdrawal

Consumers have the following right of withdrawal:

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.

To exercise your right of withdrawal, you have to

Using a clear explanation (e.g. a letter sent by post, fax, email or phone), information about your decision to cancel this contract. You can do our sample cancellation form for this (PDF) Use that is not prescribed. If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of such a revocation.

To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.

Revocation consequences:

If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you. We can refuse the repayment until we have returned the goods or until you have provided the proof that you have returned the goods, depending on which the earlier time is.

The goods must be immediately and in any case within fourteen days from the day on which they inform us of the revocation of this contract

Millivital GmbH | At the sign 27 | D-55232 Alzey | Germany

be returned or handed over. The deadline is preserved if you send the goods before the deadline of fourteen days. They bear the 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 the quality, properties and functionality of the goods not necessary to deal with them.

Exclusion of the right of withdrawal

The right of cancellation does not exist for contracts for delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

4. Order process and contract conclusion

(1) The customer can choose from the range of products, especially food, and collect them in a so -called shopping cart via the "In the shopping cart" button. Before sending the order, the customer can view all data of the order and change at any time. With the "Buying" button, he gives a binding order of the products collected in the shopping cart. However, the order can only be sent and transmitted if the customer has previously read this contractual terms if the customer previously read the following conditions "I have read the following conditions and hereby: Terms of delivery and payment (AGB) including cancellation policy".

(2) Orders by post, fax or email are not accepted.

(3) The confirmation of receipt of the order follows in an electronic way immediately after the order has been sent. In the event of payment via PayPal, Amazon Payment or credit card, it already represents the contract acceptance. If the customer in the online shop selects the payment method by invoice, confirmation of the order in the order does not yet constitute a contract acceptance. In the case, we can order the order by sending an order confirmation by email or by delivering the goods within two days. If we do not accept the order, we will inform the customer within the aforementioned period. The contract text is saved by the seller after the conclusion of the contract, registered customers can always view your order data in the login area, these terms and conditions can at any time via the link "Terms and Conditions" be viewed. The final contract is in German.

5. Offer and prices

(1) Offers of the seller are subject to change, patterns and samples without obligation, descriptions and analyzes are approximately.

(2) All prices indicated on the provider's website are understood, including the applicable statutory sales tax. The prices given on the day of the order are decisive. Offers, unless otherwise agreed, always in euros.

(3) Within Germany, shipping takes place from an order value of over € 40 shipping cost -free. With an order value up to € 40, € 4.5 shipping costs are charged. Shipping costs for shipping to countries of the European Union are displayed when ordering.

6. Delivery / shipping

(1) The goods are transported by post. Deliveries are made to Germany and to other countries of the European Union.

(2) Delivery times specified by the seller are calculated from the time of our automatic receiving confirmation. If there is no or no different delivery time for the respective goods on the order platform, it is 3-5 calendar days.

(3) If there are open claims against the customer or if there have been payment problems in the past, the provider reserves the right to deliver or only only after the open claims.

7. Warranty and liability

(1) The legal regulations apply to defective goods. Complaints and complaints are accepted in writing, by fax/email or by phone between 9:00 a.m. and 12:00 p.m.

(2) The displaced natural products and food are natural. Slight deviations within a product group in terms of color, taste, smell, composition, consistency are therefore attributable to the natural origin and do not constitute a non -material defect.

(3) Claims for compensation are excluded. This excludes the customer's claims for damages from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damage based on a intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(4) In the case of the violation of essential contractual obligations, the seller is only liable to the contractual, predictable damage if it was simply caused negligent, unless it is claims for damages by the customer from a violation of life, body or health.

(5) The restrictions of paragraphs 1 and 2 also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.

(6) The provisions of the Product Liability Act remain unaffected.

8. Terms of payment

(1) The end user has the following payment options when ordering via the Internet:

a) by credit card (MasterCard or Visa)
b) by PayPal
c) Amazon Payment

(2) The payment of the purchase price is due directly with the conclusion of the contract. If the due date of the payment after the calendar is determined, the customer is already in arrears by failing the appointment. In this case, he has to pay the provider default interest of 5 percentage points above the base rate.

(3) The customer's obligation to pay default interest does not rule out the assertion of further default damage by the seller.

9. Removal of title

We reserve the property of the delivered goods until the customer has paid all claims from the business relationship.

10. Applicable law

The law of the Federal Republic of Germany is only applied to the contractual relationship. The application of the United Nations' Convention on Convention on the Sale of goods on Contracts for the International Sale of Goods (CISG) is excluded. Mandatory provisions remain unaffected by the state in which the customer has his habitual stay.

General terms and conditions of Millivital GmbH for end consumer orders by phone or email

1. Scope

(1) For the business relationship between us and the customer (below called "customer"), the following general terms and conditions apply exclusively in their version valid at the time of the order. Different conditions of the customer are not recognized, unless we expressly agree to their validity in writing.

(2) If the customer was ordered via the Millivital web shop, deviating from (1) only the general terms and conditions apply to the web shop.

(3) These terms and conditions do not apply to resellers.

2. Right of withdrawal

In the case of contracts and distance contracts concluded outside of business premises, consumers have the following right of withdrawal:

Right of withdrawal

To exercise your right of withdrawal, you have to

Using a clear explanation (e.g. a letter sent by post, fax, email or phone), information about your decision to cancel this contract. You can do ours on the website https://www.millivital.de callable sample cancellation form (PDF) use that is not prescribed. If you make use of this option, we will immediately (e.g. by email) send you a confirmation of receipt of such a revocation. To maintain the cancellation period, it is sufficient for you to send the notification to the exercise of the right of cancellation before the cancellation period expires.

Revocation consequences:

The goods must be immediately and in any case within fourteen days from the day on which they inform us of the revocation of this contract

Millivital GmbH | At the sign 27 | D-55232 Alzey | Germany

Exclusion of the right of withdrawal

3. Order process and contract conclusion

(1) Orders are accepted by phone or fax. When ordering by fax, the order certificate we have provided must be used.

(2) Orders of the customer are binding and are only considered accepted if we have confirmed them in writing. If we do not particularly confirm a contract concluded verbally or by long -distance, the invoice given by us is considered a confirmation. If we do not accept an order, we will inform you of this within 7 working days after ordering.

(3) The contract text is stored by the seller after the contract is concluded, registered customers can always view your order data in the login area, these terms and conditions can be viewed at any time via the "Terms and Conditions" link. The final contract is in German.

4. Offer and prices

(1) Our offers are always subject to change, especially according to quantity, price and delivery time.

(2) All prices include the applicable statutory sales tax. The prices given on the day of the order are decisive. Offers, unless otherwise agreed, always in euros.

(3) Within Germany, shipping takes place from an order value of over € 40 shipping cost -free. With an order value up to € 40, € 4 shipping costs are charged. The cost of shipping to Austria is 6 euros. Shipping costs for shipping to countries of the European Union please ask you in writing in advance.

5. Delivery / shipping

(1) Delivery times specified by the seller are calculated from the time of our automatic receiving confirmation. If there is no or no different delivery time for the respective goods, it is 3 to 5 calendar days.

(2) We reserve the right to deliver only in household quantities. If there are open claims against the customer or if there have been payment problems in the past, we reserve the right not to deliver or only to deliver or only after the open claims.

6. Warranty and liability

(1) The legal regulations apply to defective goods. Complaints and complaints are accepted in writing, by fax/email or by phone between 9:00 a.m. and 12:00 p.m.

(3) Claims for compensation are excluded. This excludes the customer's claims for damages from the violation of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damage based on a intentional or grossly negligent breach of duty, our legal representative or vicarious agent . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

(4) In the case of the violation of essential contractual obligations, we are only liable for the contractual, predictable damage if it was simply caused negligent, unless it is claims for damages by the customer from a violation of life, body or health.

(5) The aforementioned restrictions also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.

(6) The provisions of the Product Liability Act remain unaffected.

7. Payment conditions

(1) Payment is made by bank transfer. Invoices are due within 14 days of invoicing without any deduction. Our gross prices include the statutory VAT.

(2) After the payment period has expired, the customer is in arrears. In this case, he has to pay us default interest of 5 percentage points above the base rate.

(3) The obligation of the customer to pay default interest does not rule out the assertion of further default damage by us.

8. Removal of title

We reserve the property of the delivered goods until the customer has paid all claims from the business relationship.

Applicable law

General sales conditions of Millivital GmbH for resellers

1. General

(1) The following conditions are components of the contracts concluded with us.

(2) In their latest version, our general sales conditions also apply to all follow -up shops, without this having to be explicitly mentioned or agreed when they are completed.

(3) We hereby contradict counter -confirmations, counter offers or other references from the buyer, referring to his terms and conditions; Deviating conditions of the buyer only apply if we have confirmed this in writing.

2 offers; Orders

(1) Our offers are always subject to change, especially according to quantity, price and delivery time.

(2) Orders of the buyer are binding and are only considered accepted if we have confirmed them in writing. If we do not particularly confirm a contract concluded verbally or by long -distance, the invoice given by us is considered a confirmation.

3. Prices

Our prices are plus the VAT applicable at the time of delivery. The prices given on the day of the order are decisive. Offers, unless otherwise agreed, always in euros.

4. Shipping

(1) The goods are sent uninsured and at the risk of the buyer. This also applies to freight -free delivery and regardless of which means of transport. Transport insurance is only taken out at the express request of the buyer. The buyer's exposing costs are at the expense of this. The buyer also bears any tariffs, fees, taxes and other public taxes.

(2) The choice of shipping and the funding route as well as the means of transport is due to the lack of a different written agreement by us at the best of the discretion, without assuming liability for the cheapest and fastest transportation.

(3) Our delivery obligation is always subject to timely and proper delivery.

(4) Delivery and unloading times specified are always non-binding, unless expressly agreed in writing.

(5) Library obstacles due to force majeure or on the basis of unforeseen and not to be represented by us, such as operational disorders, strike, lockout, official arrangements, subsequent loss of export or import options as well as our own delivery reservation relieve us for the duration and the extent Your influences of the obligation to comply with somewhat agreed delivery or unloading times. They also entitle us to withdraw from the contract, without the buyer being entitled to compensation or other claims.

(6) If an agreed delivery or unloading time is exceeded without a delivery obstacle, the buyer must give us a reasonable grace period of at least two weeks in writing. If this grace period is not cleverly met, the buyer is entitled to withdraw from the contract, but not to assert claims for damages from non -fulfillment or delay, unless we meet intent or gross negligence.

5. Shipping costs and payment

(1) Within Germany, shipping costs are 4.50 euros including VAT. From a net value of 200 euros, shipping takes place free of charge. The cost of shipping to Austria is 13 euros. Shipping costs for other countries must be requested from us before ordering.

(2) Invoices are due within 14 days of invoicing without any deduction. Payment is made by bank transfer to the account specified in the invoice.

(3) The customer is in arrears with the end of the payment period. The purchase price must be paid about the applicable legal interest rate during the delay. We reserve the right to assert a further default damage. Our entitlement to the commercial due interest rate (§ 353 HGB) remains unaffected to merchants.

(4) If the buyer is no longer available for proper business, especially for him, a check or exchange protest takes place or payment or even setting payment occurs or a judicial or extrajudicial comparison procedure or a bankrupt We are entitled to make all our claims from the business relationship immediately due. The same applies if the buyer is in default or other circumstances with his payments that make his creditworthiness appear doubtful. In such a case, we are also entitled to request advance payments or security or to withdraw from the contract.

(5) The buyer is only entitled to offset, retention or reduction if the counterclaims he he claims have been determined or expressly recognized by us.

6. Warranty

(1) The legal regulations apply to the rights of the buyer for material and legal defects (including false and less delivery), unless otherwise determined. In all cases, the legal provisions remain unaffected to a consumer in the event of a final delivery of the goods (supplier regress in accordance with §§ 478, 479 BGB).

(2) The natural products and food we have distributed are natural. Slight deviations within a product group in terms of color, taste, smell, composition, consistency are therefore attributable to the natural origin and therefore do not constitute a lack of material.

(3) The customer's claims for defects require that he has complied with his statutory investigation and notification obligations (§§ 377, 381 HGB). If there is a defect in the examination or later, we must be reported immediately. The advertisement is immediately considered if it takes place within two weeks, whereby the timely sending of the display is sufficient to keep the deadline. Regardless of this obligation to investigate and complain, the buyer has to report obvious defects (including false and less delivery) within two weeks of delivery, whereby the timely dispatch of the advertisement also meets the timely. If the customer misses the proper examination and/or defect indicator, our liability is excluded for the deficient deficiency.

(4) We are entitled to make a owed supplementary performance dependent on the fact that the buyer pays the purchase price due. However, the buyer is entitled to retain a part of the purchase price that is appropriate in relation to the deficiency.

(5) The buyer has to give us a time and the opportunity required for the subsequent performance to give us, in particular to hand over the contested goods for exam purposes. In the event of replacement delivery, the buyer has the defective matter to return us according to the legal regulations.

(6) We bear the expenses required for the purpose of the examination and subsequent performance, in particular transport, road, work and material costs, if there is actually a defect. However, if a request for deficiency by the customer turns out to be unjustified, we can request the costs incurred from the buyer, unless the lack of deficiency was not recognizable for the buyer.

(7) If the subsequent performance has failed or a reasonable period of time to be set for the subsequent performance by the buyer or has been unsuccessful or is unnecessary according to the statutory regulations, the buyer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

(8) Warranty claims can be claimed within 12 months of the transfer of danger.

(9) Claims of the customer for compensation or compensation in vain expenses only exist in accordance with Section 7 (liability) and are also excluded.

7. Liability

(1) Unless otherwise arisen from these terms and conditions, including the following provisions, we are liable in the event of a violation of contractual and non -contractual obligations according to the relevant legal regulations.

(2) In the event of slight negligence, we are only liable in the event of a violation of contractual obligations (cardinal obligations), such as those who want to impose the contract based on its content and purpose or whose fulfillment enables the proper execution of the contract in the first place and that the buyer regularly trusts the buyer and may trust. This liability is limited to the typical damage predictable when the contract is concluded.

(3) The personal liability of the legal representatives, vicarious agents and employees of us for damage caused by you by slight negligence is also limited to the extent described by the above section.

(4) Our liability in the event of fraudulent concealment of a defect, taking over a guarantee or a procurement risk and according to the Product Liability Act remains unaffected. Liability restrictions do not apply in the event of intent, gross negligence or in the event of violation of life, body or health.

8. Removal of title

(1) The goods we deliver remains our property until the buyer has paid all claims from the business relationship.

(2) The buyer is entitled to resell the goods subject to retention of title in proper business operations. The customer will take all of the resulting claims against third parties in the amount of the respective invoice value (including VAT) in advance. We accept this assignment. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The buyer remains authorized to collect the claims even after the assignment. Our authority to collect the claims themselves remains unaffected. However, we will not collect the claims as long as the buyer fulfills his payment obligations towards us and is not in default of payment and no application is made to open insolvency proceedings.

9. Final provisions

(1) The place of performance for the delivery of the goods is the respective destination.

(2) In our favor, the regional court Frankfurt a.M. is for all disputes from the contractual relationship. But we can also choose another place of jurisdiction.

(3) The law of the Federal Republic of Germany applies. International purchase law is excluded. This also expressly applies to the application of the United Nations' Convention on the Treaties for International Sales (CISG).

(4) The ineffectiveness of individual provisions of these general sales conditions does not affect the effectiveness of the other regulations. Ineffective provisions are considered to be replaced by such effective regulations that are suitable for realizing the economic purpose of the omitted regulation as far as possible.

Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you are under https://ec.europa.eu/consumers/odr find. We are not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.

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