Terms and Conditions
- 1. basic provisions
The following terms and conditions apply to all contracts between
mvdham GmbH, Weisestr.31, 12049 Berlin, Deutschland (hereinafter referred to as the provider or “mvdham”) and the customer (hereinafter referred to as “Customer”), which are closed via the internet page mvdham.com of the provider. Unless otherwise agreed, the inclusion of the customer’s own conditions is contradicted.
a) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for a purpose which cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
b) The language of the contract is German. The contract text is not stored with the provider and is not accessible to the customer after sending the order. The customer can print or electronically save the contract text before submitting the order using the print function of the browser.
The order data and the general terms and conditions will be sent to the customer independently of this by email.
- 2. subject matter of the contract
The subject of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the website of the supplier.
- 3. conclusion of the contract
(1) The product presentations of the provider on the Internet do not represent a binding offer to conclude a contract, but an invitation to place an order (offer of the customer). When purchasing via the online order form, the goods intended for purchase are placed in the “shopping cart”. By clicking on the corresponding button in the navigation bar, the customer can access the “shopping cart” and make changes there at any time. After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
Before submitting the order, the customer has the possibility to check all details again, to change them (also via the “back” function of the Internet browser) or to cancel the purchase. By submitting the order via the corresponding button, the customer submits a binding offer to the provider. The customer will first receive an automatic email about the receipt of his order, which does not yet lead to the conclusion of the contract.
(2) The acceptance of the offer (and thus the conclusion of the contract) shall in any case be effected by confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods.
If the customer does not receive an order confirmation or notification of delivery or no goods within 5 days, he is no longer bound to his order. In this case, any services already rendered will be refunded immediately.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email.
The customer must therefore ensure that the e-mail address he/she has deposited with the provider is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
mvdham GmbH does not accept orders from customers under 18 years of age.
- 4. Presentation on the website
The colours of the products shown on the website may vary slightly for technical reasons.
- 5. shipping / shipping conditions
Unless otherwise agreed, all products are sent to the shipping address provided by the customer. The delivery will be made according to the contract within 3 to 4 working days.
- 6. prices/forwarding costs
The prices quoted in the respective offers as well as the shipping costs represent final prices. They include all price components including all applicable taxes.
If the delivery is made to a non-EU country, further duties, taxes or fees may have to be paid by the customer, but not to the provider, but to the customs or tax authorities responsible there. It is recommended that the customer inquire about the details with the customs or tax authorities before ordering.
The shipping costs are not included in the purchase price. They can be called up via the “Shipping” page, are shown separately during the ordering process and are to be borne additionally by the customer, unless free shipping is promised.
The customer receives an invoice with value added tax shown.
RETURNS ON SALE: For returns of discounted products, the cost of shipping will not be refunded.
- 7. terms of payment and shipping
(1) The conditions for payment and shipping can be found under the button “Shipping” in the navigation.
(2) Unless otherwise specified for the individual types of payment, the payment claims arising from the contract concluded shall be due for payment immediately.
(3) Should a product ordered by the customer, contrary to expectations, not be available despite the timely conclusion of an adequate covering transaction for reasons for which the provider is not responsible, the customer will be informed immediately of the non-availability and in the event of withdrawal any payments already made will be refunded immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment is only transferred to the customer when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.
- 8. Right of retention, retention of title
(1) The customer may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the supplier until the purchase price (including shipping costs or arising delivery costs) has been paid in full.
(3) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(4) If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.
- 9. warranty
(1) The statutory provisions shall apply.
(2) As a consumer, the customer is asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify the supplier and the carrier of any complaints as soon as possible. If the customer does not comply with this, this has no effect on the statutory warranty claims.
- 10 Liability
(1) The provider is liable without limitation in each case for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the condition of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, the liability of the provider is limited to the contract-typical, foreseeable damage in the case of slight negligence. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
- 11. Choice of law, place of performance, place of jurisdiction
German law applies to the exclusion of UN sales law. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
The place of performance for all services arising from the business relations existing with the provider as well as the place of jurisdiction is the provider’s registered office if the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
- 12. Information on online dispute resolution
The EU Commission provides an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended to serve as a central contact point for consumers and entrepreneurs to settle out-of-court disputes arising from online legal transactions. The following link leads to the OS Platform:
Mail address: firstname.lastname@example.org
- 13. Revocation instruction
The right of revocation applies exclusively to consumers according to § 13 BGB.
RIGHT OF REFUSAL
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took or has taken possession of the last goods.
In order to exercise your right of revocation, you must inform us, mvdham GmbH, Weisestr.31, 12049 Berlin, Deutschland, email@example.com, Telefon +49 178 1898192, by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choice of a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this Agreement.
We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. We shall bear the costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
GROUNDS FOR EXCLUSION OR EXTINCTION OF THE RIGHT OF REVOCATION
The right of withdrawal only exists for articles that have not been individualized or modified. The right of withdrawal expires for personalised products.
End of the cancellation policy
Sample revocation form
A version of the sample revocation form is available for download here.
In case you have any questions regarding the Terms & Conditions, please do not hesitate to ask and get in touch with us.