Terms of Service
Status: 01/2022
address:
Paul Walowy
Schweigwiesstrasse 12
CH-8835 Feusisberg / SZ
Information, data requests and complaints:
Switzerland: +41 76 532 13 09 EU: +49 151 71 774 007
Email: office@medivital-care.com
Scope
For online orders in our webshop auf www.medivital-care.com as well as telephone and e-mail transactions and thus for the business relationship between the customer (customer) and MediVital-Care, Paul Walowy, Schweigwiesstrasse 12, 8835 Feusisberg/SZ, hereinafter "MediVital- Care ", the following general terms and conditions apply exclusively in the version valid at the time of the order.
By clicking on the link "Download terms and conditions as PDF' you can download this text to a computer, save it, play it back and print it out.
MediVital-Care is entitled to change the terms and conditions at any time. For your order via www.medivital-care.ch as well as telephone and e-mail transactions, the current terms and conditions at the time of the order apply.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). These are part of all contracts that MediVital Care concludes with its customers (hereinafter also referred to as "buyer" or "orderer") for the products offered.
The customer's general terms and conditions that conflict with or deviate from the following provisions shall not apply. The following terms and conditions also apply exclusively if we carry out the delivery and service without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
contractor
Your contractual partner is MediVital Care. The language available for the conclusion of the contract is exclusively German.
Contract conclusion
The presentation of our goods does not constitute a binding offer on our part. Only when you order goods is a binding offer according to § 145 BGB.
Your order of the desired goods and services via our online shop, by telephone, e-mail, order form, team partner application or fax is a legally binding offer to conclude a purchase contract.
Your order on www.medivital-care.ch represents an offer to MediVital-Care to conclude a purchase contract. The order is placed by clicking on the button "order with obligation to pay" and clicking on the checkbox "accept the general terms and conditions (GTC)". MediVital-Care saves the text of the contract and sends you an order confirmation by e-mail. If you have created a customer account, you can view and change your orders and your personal data at any time by logging in.
Only with the acceptance of the offer by MediVital-Care does the purchase contract come into existence and a right to delivery of the goods arises. The order confirmation automatically sent by MediVital-Care and the receipt of a telephone or email order does not constitute acceptance of your offer. The order confirmation does not represent acceptance of your order, but is only intended to inform you that your order with us has been received. Rather, the offer is accepted by sending the shipping confirmation to the email address you provided.
Billing is in euros (EUR) or for customers from Switzerland in Swiss francs (CHF).
The sale is only in normal household quantities and only to adults, i.e. people who have reached the age of 18. You confirm that your age information is correct. You confirm that all information provided during registration and in the order form is correct and complete. You undertake to keep your data up to date if you have created a customer account. If you have not created a customer account, you undertake to notify us of any data changes by email.
Order through the customer account you created:
You may not pass on the password required for the order to third parties. In the event of a transfer, you are also responsible for orders from third parties. For any orders with your password and the resulting claims, you come up.
If we do not accept an order, especially because an ordered item is no longer available, we will inform the customer immediately. In this case, we will of course refund any payments made to the customer as soon as possible. If, exceptionally, an ordered product is no longer available after we have accepted an order and we are not responsible for this, e.g. in the event of destruction as a result of force majeure or by third parties or theft, we reserve the right to withdraw from any agreements regarding this to withdraw from the product. In this case, we will inform the customer immediately about the unavailability and refund any payments made to the customer immediately.
The MediVital-Care range presented in the online shop is subject to change and non-binding with regard to the availability of the goods. Illustrations are only symbolic photos and do not always correspond to the currently available production specifications.
Prices
The following applies to consumer transactions: Unless otherwise expressly stated, the prices quoted by us include the statutory value added tax and are valid at the time of the order. The total amount specified in the shopping cart includes the gross product price and the gross shipping costs.
The shipping costs are not included in the prices given in the online shop and are to be borne by the customer up to a shopping cart value of CHF 60. The respective shipping costs can be seen in the shopping cart before the contract is concluded.
Terms of payment, payment
For registered customers (with a customer account) and guest orders, the purchase price must always be paid in advance. After the total amount of the order has been credited to our account, your goods will be shipped. The goods will only be dispatched after full payment has been received. After receipt of payment you will receive an invoice.
Right of withdrawal for consumers
Cancellation Policy
You have the right to withdraw from this contract within fourteen days without giving any reason. Please note that we cannot accept opened and broken goods for hygiene reasons and therefore the right of return does not apply.
However, there is no right of withdrawal/revocation for:
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Goods made to customer specifications or clearly tailored to personal needs
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Goods that are delivered sealed and are not suitable for return for health or hygiene reasons if their seal was removed after delivery (e.g. opened packaging)
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Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications.
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Goods which, due to their nature, were inseparably mixed with other goods after delivery,
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Sound or video recordings or computer software supplied in a sealed package if the seal has been removed after delivery.
You as the buyer have to bear the costs of the return.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order and that are delivered separately, the cancellation period begins, deviating from this, on the day on which you or a third party named by you, who is not the carrier, delivered the last have taken possession of the goods.
In the case of a contract for the regular delivery (subscription) of goods over a fixed period of time, the cancellation period begins on the day on which you or a third party named by you who is not the carrier took possession of the first goods or hat.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract.
The declaration of withdrawal / revocation should be sent to: MediVital-Care, Schweigwiesstrasse 12, CH-8835 Feusisberg/SZ, Tel.: +41 76 532 13 09, +49 151 71 774 007 or by email to:_cc781905-5cde -3194-bb3b-136bad5cf58d_office@medivital-care.com.
The revocation can be made in any form (e.g. letter, telephone, fax or e-mail). You can also use the model cancellation form.
To meet the cancellation deadline, it is sufficient for you to send the notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the revocation
If you revoke a purchase contract with MediVital-Care, we will credit you with all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you choose a different type of delivery than the one offered by us , have chosen cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For the repayment, MediVital-Care uses the same means of payment that you used in the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged for this repayment.
We can refuse the refund until we receive the goods back.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.
You are responsible for the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Delivery, shipping costs and delivery time
Medivital-Care delivers products to Austria, Germany and Switzerland.
From an order value of 60 CHF or 57.53 euros, the shipping costs of 9 CHF or 8.63 euros to the above-mentioned countries do not apply.
The shipping costs of CHF 9 or EUR 8.63 apply to Austria, Germany and Switzerland if the order total is less than CHF 60 or EUR 57.53.
MediVital-Care strives to process the orders promptly. If no other delivery date has been agreed, delivery within Europe will take place within two weeks of receipt of payment. We indicate any deviating delivery times on the respective product page.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over to the consumer or a recipient specified by him. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over to the carrier or the person otherwise responsible for carrying out the shipment.
Delivery delay
If we do not meet an agreed delivery date, the buyer must set us a reasonable grace period, which may in no case be less than two weeks.
If delivery or compliance with an agreed delivery time becomes impossible due to unforeseeable events for which MediVital-Care is not responsible, MediVital-Care will inform you of this.
Claims for damages are excluded in this case. If the goods ordered are (partially) not available, MediVital-Care will prepare a partial delivery or corresponding replacement goods and notify this in the delivery notification.
However, you are under no obligation to accept these partial deliveries or to purchase the replacement goods. In this case, please inform us immediately by e-mail. In the event of a (partial) withdrawal, any consideration already received will be refunded to you immediately.
If MediVital-Care is in arrears with a delivery despite you having set a grace period of at least two weeks, you are entitled to withdraw from the contract.
Reservation of title
We retain ownership of the delivered items until the purchase price has been paid in full. During the existence of the retention of title, the buyer may not dispose of the item (hereinafter: reserved goods) or otherwise dispose of ownership of it.
If third parties - especially bailiffs - access the reserved goods, the buyer will point out the existing third party ownership and notify us immediately so that we can enforce the property rights.
If the buyer behaves in breach of contract, in particular in the event of default in payment, we are entitled to demand the return of the reserved goods if we have withdrawn from the contract.
Warranty
In the event of defects in the delivered item, the statutory warranty period applies to consumers.
The costs for the return in the event of a defect are to be borne by us. In this case, please contact our customer service by email at office@medivital-care.com or by phone on +41 76 532 1309 (Switzerland) / +49 151 71 774 007 (EU)._cc781905-5cde -3194-bb3b-136bad5cf58d_
Warranty claims against merchants are limited to a period of one year from delivery. § 377 HGB applies to merchants.
However, the special provisions of § 11. apply to claims for damages by the buyer.
Liability for damages
Claims for damages - for whatever legal reason - against us, including our representatives and vicarious agents, which require slight negligence, only exist if an essential contractual obligation/cardinal obligation has been violated. In this case, claims for damages are limited to the typically foreseeable damage.
Claims for injury to life, limb and health and for property damage under the Product Liability Act due to willful conduct or gross negligence and for guaranteed characteristics remain unaffected by the above limitations of liability.
Testimonials
We are happy if you are convinced of our products. We therefore publish corresponding feedback from time to time in full or in part on our website and, if necessary, on other advertising media.
If you do not or no longer agree to the publication of your statements, you can send us an email to office@medivital-care.com at any time.
MediVital-Care distances itself from any (healing) statements or promises that may have been made and is under no circumstances to be held liable for the statements. The statements in official media and publications manufactured/produced by MediVital-Care apply.
Changes to the Terms and Conditions
Changes to these General Terms and Conditions will be made known to the customer. They are considered approved if the customer does not object in writing within one month of notification. In the event of an objection, each party has an extraordinary right of termination. In the notification, we will inform the customer of his right to object and the importance of the objection period. The notification will be sent to the email address provided during registration.
Privacy and change of address
The customer agrees that the personal data contained in the purchase contract may also be automatically stored and processed by us in order to fulfill this contract. The customer is obliged to notify us of changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.
Checkout
By completing your online order, you expressly allow us to process the personal data you have provided for processing your purchase and sending your order. We need your e-mail address so that we can confirm receipt of your order. We also use this for your identification (web login). You will also receive your order and shipping confirmation via your email address. We also need your e-mail address and telephone number in order to be able to communicate with you in the event of questions regarding your order or delivery problems.
You can read more information about the handling of your personal data in our data protection guidelines.
Offsetting
(1) The customer only has the right to offset if his counterclaims have been legally established or are undisputed.
(2) The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Final Provisions
(1) Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
(2) If the buyer is a merchant, a legal entity under public law or a special fund under public law or if the buyer does not have a place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from and in connection with contractual relationships between the buyer is and us Schwyz/SZ.
(3) Swiss law applies to the exclusion of international private law and the UN sales law adopted into German law.