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General terms and conditions of the millivital webshop for end consumers

Millivital GmbH | At the signpost 27 | D-55232 Alzey | Germany (hereinafter referred to as "Seller").

1. Scope

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

2. Registration / guest access

The customer can choose between a free registration or free guest access. He has truthful information. The seller reserves the right to exclude customers from the registration or the guest access without information from 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, the goods have taken possession.

In order to exercise your right of withdrawal, you have to

Millivital GmbH | At the signpost 27 | D-55232 Alzey | Germany
Tel: +49 (0) 6731/496927 | Fax: +49 (0) 6731/49 69 26 | E-Mail: dialogue (at) millivital.de | Internet: www.millivital.de

By means of a clear explanation (e.g., a letter, fax, e-mail or telephone letter, fax, e-mail or telephone), to revoke this contract. You can do our pattern withdrawal form(PdfUse, but that is not prescribed. If you make use of this possibility, we will immediately submit to you (e.g., by e-mail) a confirmation about the receipt of such a revocation.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.

Revocation sequences:

If you revoke this contract, we have all the payments we received from you, including the delivery costs (except for the additional costs arising from it, that you choose a different type of delivery than the cheapest standard delivery we offered by us have), immediately and at the latest within fourteen days from the day, to which the notification of their revocation of this contract has been received by us. For this repayment, we use the same means of payment that they have used in the original transaction, unless we have expressly agreed otherwise with them. We can refuse the repayment until we have retained the goods or until they have provided proof that they have returned the goods, depending on which the earlier date is.

The goods must immediately and in any case at the latest fourteen days from the date on which they teach us about the revocation of this Treaty

Millivital GmbH | At the signpost 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 carry the costs of returning the goods. You have to pay for any loss of value of the goods only if this value loss is due to a handling of the goods to check the quality, properties and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not exist for contracts for the delivery of sealed goods, which are not suitable for reasons of health protection or hygiene to return if their seal has been removed after delivery.

4. Ordering process and contract

    (1) The customer can choose from product range products, in particular food, and collect them via the button "Add to cart" in a so-called shopping cart. Before sending the order, the customer can view all the data of the order and change at any time. About the button "Buy" 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 previously read by setting the check mark according to the words "I have read the following conditions and confirm this: delivery and payment conditions (GTC) including cancellation policy" has accepted these terms and conditions.

    (2) Orders by post, fax or e-mail will not be accepted.

    (3) The confirmation of the receipt of the order follows immediately after submitting the order to electronic means. In the case 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, the confirmation of the receipt of the order does not represent any contract. In the case we can order the order by sending an order confirmation by e-mail or by delivery of the goods within two days. If we do not accept the order, we will inform the customer with the customer within the aforementioned period. The contract text is stored by the seller after the conclusion of the contract, registered customers can always see their order data in the login area, these terms and conditions can at any time via the link "Terms and Conditions" at any time be viewed. The final contract is in German.

    5. Offer and prices

      (1) Offers of the seller are non-binding, patterns and samples without obligation, descriptions and analyzes are approximately.

      (2) All prices indicated on the website of the provider are, including the valid statutory VAT. Decisive are the prices indicated on the day of the order. Offers take place 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 calculated. Shipping costs for shipping in the European Union countries are displayed when ordering.

      6th delivery / shipping

        (1) The transport of the goods takes place by mail. Deliveries are made to Germany as well as other countries of the European Union.

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

        (3) If open claims against the customer should exist or should be paid in the past, the provider reserves the right not or only after prior compensation of open receivables.

        7. Warranty and liability

        (1) The legal regulations apply to defective goods. Complaints and complaints will be accepted in writing, by fax / e-mail or by telephone weekdays between 09:00 and 12:00.

        (2) The distributed natural products and foods are natural. Lightweight deviations within a product group in terms of color, taste, odor, composition, consistency are therefore attributable to the natural origin and are not a material defect.

        (3) Claims of the customer for damages are excluded. There are claims for damages of the customer in the violation of life, body, health or infringement of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty of the seller, his legal representatives or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

        4. In the case of breach of essential contractual obligations, the seller is liable only to the contract-typical, foreseeable damage, if this was simply caused by negligence, unless there are claims for damages of the customer from a violation of life, body or health.

        (5) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the seller, if claims are made directly against them.

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

        8. Terms of payment

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

        1. 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 payment is determined according to the calendar, the customer already comes in arrears by failing of the appointment. In this case, he has to pay the provider default interest of 5 percentage points above the base rate.

        (3) The obligation of the customer to pay default interest does not exclude the assertion of further arrears of default by the seller.

        9. Retention of title

          We reserve the ownership of the delivered goods before the customer has paid all claims from the business relationship.

          10. Applicable law

            The contractual relationship should only be applied to the law of the Federal Republic of Germany. The application of the United Nations Convention on Treaties on Goods Sale »Convention on Contracts for the International Sale of Goods (CISG) is excluded. Against compulsory provisions of the state remain in which the customer has his habitual residence.

             

            General terms and conditions of Millivital GmbH for end-user orders by telephone or e-mail

            1. Scope

              (1) For the business relationship between us and the customer (hereinafter referred to as "customer"), only the subsequent terms and conditions apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless we agree to their validity expressly written.

              2. If the customer was appointed by the Millivital Webshop, deviating from (1) exclusively the terms and conditions for the webshop.

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

              2. Right of withdrawal

                At the contracts and distance selling contracts concluded outside of business premises, 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, the goods have taken possession.

                In order to exercise your right of withdrawal, you have to

                Millivital GmbH | At the signpost 27 | D-55232 Alzey | Germany
                Tel: +49 (0) 6731/496927 | Fax: +49 (0) 6731/49 69 26 | E-Mail: dialogue (at) millivital.de | Internet: www.millivital.de

                By means of a clear explanation (e.g., a letter, fax, e-mail or telephone letter, fax, e-mail or telephone), to revoke this contract. You can do our on the websitehttps://www.millivital.deretrievable pattern cancellation form (Pdf) Use, but that is not prescribed. If you make use of this possibility, we will immediately submit to you (e.g., by e-mail) a confirmation about the receipt of such a revocation. To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiration of the cancellation period.

                Revocation sequences:

                If you revoke this contract, we have all the payments we received from you, including the delivery costs (except for the additional costs arising from it, that you choose a different type of delivery than the cheapest standard delivery we offered by us have), immediately and at the latest within fourteen days from the day, to which the notification of their revocation of this contract has been received by us. For this repayment, we use the same means of payment that they have used in the original transaction, unless we have expressly agreed otherwise with them. We can refuse the repayment until we have retained the goods or until they have provided proof that they have returned the goods, depending on which the earlier date is.

                The goods must immediately and in any case at the latest fourteen days from the date on which they teach us about the revocation of this Treaty

                Millivital GmbH | At the signpost 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 carry the costs of returning the goods. You have to pay for any loss of value of the goods only if this value loss is due to a handling of the goods to check the quality, properties and functioning of the goods.

                Exclusion of the right of withdrawal

                The right of withdrawal does not exist for contracts for the delivery of sealed goods, which are not suitable for reasons of health protection or hygiene to return if their seal has been removed after delivery.

                3. Ordering process and contract

                (1) Orders are accepted by phone or fax. When ordering by fax, the order form provided by us is to be used.

                (2) Orders of the customer are binding and only accepted as accepted if we have confirmed them in writing. If we do not confirm a verbal or non-fixed contract not specifically in writing, the invoice we granted is considered confirmation. If we do not accept an order, we will inform you within 7 working days after the order.

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

                4. Offer and prices

                (1) Our offers are always non-binding, especially after quantity, price and delivery time.

                (2) All prices include, including the valid statutory sales tax. Decisive are the prices indicated on the day of the order. Offers take place unless otherwise agreed, always in euros.

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

                5. Delivery / Shipping

                  (1) Delivery times specified by the seller Calculate from the time of our automatic acknowledgment of receipt. If no or no different delivery time is specified for the respective goods, it is 3 to 5 calendar days.

                  (2) We reserve the right to deliver only in household quantities. If open claims against the customer persist or should it have been in the past to pay issues, we reserve the right to deliver or only after prior compensation of open claims.

                  6. Warranty and liability

                    (1) The legal regulations apply to defective goods. Complaints and complaints will be accepted in writing, by fax / e-mail or by telephone weekdays between 09:00 and 12:00.

                    (2) The distributed natural products and foods are natural. Lightweight deviations within a product group in terms of color, taste, odor, composition, consistency are therefore attributable to the natural origin and therefore no material defect is.

                    (3) Claims of the customer for damages are excluded. There are claims for damages of the customer from breaching life, body, health or violation of essential contractual obligations (cardinal obligations) and liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representative or vicarious agents . Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

                    (4) In the violation of essential contractual obligations, we are liable only to the contractually typical, foreseeable damage, if this was simply negligently caused negligence, unless there are claims for damages of the customer from a violation of life, body or health.

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

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

                    7. Terms of payment

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

                    (2) After expiry of the payment period, the customer comes 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 exclude the assertion of further arrears of default by us.

                    8. Retention of title

                    We reserve the ownership of the delivered goods before the customer has paid all claims from the business relationship.

                    1. Applicable law

                    The contractual relationship should only be applied to the law of the Federal Republic of Germany. The application of the United Nations Convention on Treaties on Goods Sale »Convention on Contracts for the International Sale of Goods (CISG) is excluded. Against compulsory provisions of the state remain in which the customer has his habitual residence.

                    Millivital GmbH | At the signpost 27 | D-55232 Alzey | Germany
                    Tel: +49 (0) 6731/496927 | Fax: +49 (0) 6731/49 69 26 | E-Mail: dialogue (at) millivital.de | Internet: www.millivital.de

                     

                    General Terms of Sale of Millivital GmbH for Resellers

                    1. General

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

                      (2) Our general terms of sale are also applicable to all follow-up transactions in its latest version, without the need to be expressly mentioned or agreed upon.

                      (3) Counter confirmations, counterparts or other references of the buyer, with reference to its terms and conditions, we are hereby objective; Deviating conditions of the buyer only apply if that has been confirmed by us in writing.

                      2 offers; Orders

                        (1) Our offers are always non-binding, especially after quantity, price and delivery time.

                        (2) Orders of the buyer are binding and only valid as accepted if we have confirmed it in writing. If we do not confirm a verbal or non-fixed contract not specifically in writing, the invoice we granted is considered confirmation.

                        3. Prices

                        Our prices are plus the value added tax applicable at the time of delivery. Decisive are the prices indicated on the day of the order. Offers take place unless otherwise agreed, always in euros.

                        4. Shipping

                          (1) The shipment of the goods takes place uninsured and at the risk of the buyer. This also applies to freight-free delivery and independently of which means of transport is used. A transport insurance is only completed at the explicit request of the buyer. Consecutive costs are at the expense of the buyer. Any duties, fees, taxes and other public fees also bears the buyer.

                          (2) The choice of the place of shipment and the benefit and means of transport shall be carried out due to the lack of deviating written agreement by us to the best of our discretion, without taking over liability for cheapest and fastest carriage.

                          (3) Our delivery obligation is always under the reservation in time and proper self -ification.

                          (4) Specified delivery and unloading times are always not binding if not expressly agreed otherwise in writing.

                          (5) Short losses due to force majeure or on the basis of unforeseen events and not to be represented by us, such as malfunctions, strike, lockout, regulatory arrangements, subsequent elimination of export or import options as well as our self-relay reservation release us for the duration and the extent their effects of the obligation to comply with some agreed delivery or unloading times. They also entitle us to withdraw from the contract without the buyer therefore claim for damages or other claims.

                          (6) If an agreed delivery or unloading time is exceeded, without a source of delivery exists, the buyer has to give us a reasonable grace period of at least two weeks in writing. If this grace period is culpably not adhered to, the buyer is entitled to withdraw from the contract, not, on the other hand, to assert claims for damages for non-fulfillment or delay, unless intent or gross negligence hits us.

                          5. Shipping costs and payment

                            (1) Within Germany, the 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 amount to 13 euros. Shipping costs for other countries are to be requested 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) With the expiration of the above term of payment, the customer comes in arrears. The purchase price is to pay interest during the delay for the applicable statutory default interest rate. We reserve the right to assert a further arrears damage. Compared to merchants, our claim to the commercial maturity interest (§ 353 HGB) remains unaffected.

                            (4) If no proper business is given in the buyer, in particular with him, a check or change protest takes place or payment depending on payment or at even payments or by him a judicial or extrajudicial comparison procedure or a bankruptcy procedure relating to it is requested or a procedure The insolvency code is requested, we are entitled to immediately pay all our claims arising from the business relationship. The same applies if the buyer will be known to us with its payments to us in delay or other circumstances, which make his creditworthiness appear doubtful. In addition, we are entitled in such a case to demand advance payments or security performance or to return from the contract.

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

                            6. Warranty

                              (1) For the rights of the buyer for material and legal defects (including false and short delivery), the statutory provisions shall apply, unless otherwise specified in the following. In all cases, the statutory special provisions remain unaffected in the final delivery of the goods to a consumer (supplier regression pursuant to §§ 478, 479 BGB).

                              (2) The natural products and food distributed by us are natural. Lightweight deviations within a product group in terms of color, taste, odor, composition, consistency are therefore attributable to the natural origin and therefore no material defect is.

                              (3) The customer claims of the customer assume that he fulfilled his statutory investigation and complaint obligations (§§ 377, 381 HGB). If a defect shows in the examination or later, so we can notify us immediately in writing. As immediately, the display applies if it takes place within two weeks, with the timely dispatch of the display for time delivery. Regardless of this investigation and complaints, the buyer has obvious defects (including false and short delivery) within two weeks from delivery in writing, whereby the timely dispatch of the ad is sufficient for the deadline. If the customer fails the proper investigation and / or defect display, our liability for the lack of defects is excluded.

                              (4) We are entitled to make a subsequent performance dependent on this that the buyer pays the amount due. However, the buyer is entitled to reserve a part of the purchase price in relation to the defect.

                              (5) The buyer has to give us a time and opportunity required for supplementary performance, in particular the complained about examining purposes. In the case of replacement delivery, the buyer has to return the defective cause according to the statutory provisions.

                              (6) We bear the expenses required for the purpose of testing and supplementary performance, in particular transport, ways, work and material costs, if there is actually a defect. However, there is a lack of defects in the customer as unjustified, we can demand the costs incurred by the buyer, unless the lack of defectiveness was not recognizable for the buyer.

                              (7) If the supplementary performance failed or a reasonable deadline to be considered for subsequent performance is unsuccessful or dispensable under the statutory provisions, the buyer may 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 asserted within 12 months after transfer of risk.

                              (9) Claims of the customer for damages or replacement of futile expenses exist only in accordance with § 7 (liability) and are excluded.

                              7. Liability

                              (1) Unless otherwise stated in these terms and conditions, including the following provisions, we are liable for breach of contractual and non-contractual obligations under the relevant statutory provisions.

                              (2) In case of slight negligence, we are liable only in case of breach of contractual obligations (cardinal obligations), such as those who want to impose the contract according to his content and purpose or whose fulfillment allows the proper implementation of the contract in the first place and on their compliance with the buyers regularly familiar and may trust. This liability is limited to the typical damage foreseeable to the conclusion of the contract.

                              (3) The personal liability of the legal representatives, vicarious agents and operations of us for any damage caused by them by slight negligence is also limited in the scope described by the above section.

                              (4) Our liability for religious concealment of a defect, from the acquisition of a guarantee or a procurement risk and according to the Product Liability Act remains unaffected. Limitations of liability do not apply to intent, gross negligence or in case of violation of life, body or health.

                              8. Retention of title

                              (1) The goods delivered by us remains our property until the buyer has paid all claims from the business relationship.

                              (2) The buyer is entitled to resell the reserved goods in the proper business operations. All claims arising from this against third parties enters us in advance of the relevant 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 demands even after the assignment. Our authority to collect the demands itself remains unaffected. However, we will not collect the demands as long as the buyer complies with his payment obligations to us and not in default of payment and no application for the opening of insolvency proceedings.

                              9. Final provisions

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

                              (2) In our favor, the district court Frankfurt A.M. For all disputes arising from the contractual relationship place of jurisdiction. But we can also choose a different jurisdiction.

                              (3) The law of the Federal Republic of Germany applies. International sales law is excluded. This explicitly also applies to the application of the United Nations Convention on the Treaties on International Sharing (CISG).

                              (4) The ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the effectiveness of the other regulations. Ineffective provisions are considered as replaced by such effective regulations which are suitable for realizing the economic purpose of the disappearance as far as possible.

                               

                              Millivital GmbH | At the signpost 27 | D-55232 Alzey | Germany
                              Tel: +49 (0) 6731/496927 | Fax: +49 (0) 6731/49 69 26 | E-Mail: dialogue (at) millivital.de | Internet: www.millivital.de

                              Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:

                              The European Commission provides a platform for online dispute resolution (OS) that you underhttps://ec.europa.eu/consumers/odrfind. We are not obliged to participate in a dispute resolution procedure in front of a consumer estimate body and not ready.