Terms and Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Merryvital D GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in their online shop. Any terms and conditions of the Customer are hereby rejected, unless otherwise agreed.

1.2 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the goods in the shopping cart by clicking the button concluding the order process.

2.3 The Seller can accept the Customer’s offer within five days:

by sending the Customer a written order confirmation or a confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after placing their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends on the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer chooses a payment method offered by PayPal, payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use available at paypal.com/useragreement, or—if the Customer does not have a PayPal account—subject to the conditions for payments without a PayPal account, available at paypal.com/privacywax. If the Customer selects a PayPal payment method during the online ordering process, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer submits their order. No further accessibility of the contract text is provided by the Seller. If the Customer has set up a user account in the Seller’s online shop prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the appropriate login data.

2.6 Before binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical aid for better detecting input errors may be the zoom function of the browser. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button concluding the order.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or third parties commissioned by the Seller can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More detailed information on the right of withdrawal is provided in the Seller’s cancellation policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the Seller’s responsibility and must be borne by the Customer (e.g. bank transfer fees, currency conversion fees, or customs duties/taxes).

4.3 The available payment methods are provided in the Seller’s online shop.

4.4 If a payment method offered via the payment service “mollie” is selected, payment processing is carried out by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands. The specific payment options available via mollie are listed in the Seller’s online shop. Mollie may use additional payment services, for which special conditions may apply. Further information is available at www.mollie.com.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery takes place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address provided during order processing is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred. This does not apply to shipping costs if the Customer exercises their right of withdrawal. Return costs under a valid withdrawal are governed by the Seller’s cancellation policy.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer when the goods are handed over to the carrier. For consumers, risk transfers upon delivery to the Customer or a designated recipient—unless the Customer independently commissions a carrier not named by the Seller, in which case risk passes upon delivery to that carrier.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery, provided the Seller is not responsible and has concluded a specific covering transaction with due diligence. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or partial availability, the Customer will be informed immediately and any payments refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides goods in advance, ownership remains with the Seller until full payment of the purchase price has been received.

7) Liability for Defects (Warranty)

Unless otherwise stated, statutory liability for defects applies. For contracts concerning the delivery of goods:

7.1 If the Customer acts as an entrepreneur:

the Seller has the choice of type of supplementary performance;
limitation for defect claims is one year from delivery for new goods;
for used goods, defect rights are excluded;
limitation does not restart upon replacement under warranty.

7.2 The above limitations do not apply:

to claims for damages and reimbursement of expenses,
if the Seller has fraudulently concealed the defect,
to goods used in construction that cause its defectiveness,
to obligations to provide updates for digital elements in delivered goods.

7.3 For entrepreneurs, statutory limitation periods for recourse claims remain unaffected.

7.4 If the Customer is a merchant as per § 1 HGB, they are subject to the commercial duty to examine and notify under § 377 HGB. Failure to comply results in approval of the goods.

7.5 Consumers are requested to report obvious transport damage upon delivery and notify the Seller. This does not affect statutory or contractual claims for defects.

8) Liability

The Seller is liable under all legal grounds as follows:

8.1 Unlimited liability:

for intent or gross negligence,
for injury to life, body, or health,
under a guarantee (unless stated otherwise),
under mandatory legal liability, e.g. product liability law.

8.2 For negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damage unless unlimited liability applies. Essential obligations are those necessary for achieving the contract’s purpose.

8.3 Further liability of the Seller is excluded.

8.4 These liability provisions also apply to legal representatives and vicarious agents.

9) Applicable Law

The laws of the Federal Republic of Germany apply, excluding UN sales law. For consumers, this choice applies only if the granted protection is not withdrawn by mandatory provisions of the law of the state of habitual residence.

10) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law based in Germany, the exclusive jurisdiction is the Seller’s business location. If the Customer is based outside Germany and acts in a commercial capacity, the Seller’s business location also applies. The Seller is also entitled to invoke the jurisdiction at the Customer’s location.