General Terms and Conditions (B2C) - Vitaflo Comidamed GmbH

last updated on 03/08/2023

The following General Terms and Conditions apply to all contracts concluded between customers and Vitaflo Comidamed GmbH via the website https://shop.mevalia.de/de/ and also contain legal information on the customer's rights in accordance with the regulations on contracts for distance selling and e-commerce.

  1. Scope of application, contract partners
  2. Ordering process and conclusion of contract
  3. Prices and shipping costs
  4. Delivery, availability of goods
  5. Methods of payment
  6. Reservation of title
  7. Warranty for defects
  8. Liability
  9. Storage of the text of the contract, contract language
  10. Right to cancel
  11. Code of conduct
  12. Information on participation in alternative dispute resolution
  13. Place of jurisdiction, applicable law

1. Scope of application, contract partners

1.1. The business relationship between Vitaflo Comidamed GmbH (hereinafter "seller") and the customer (hereinafter "customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (§ 13 German Civil Code).

1.3. Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity.

1.4. The customer's contract partner for contracts concluded on the website https://shop.mevalia.de/de/ is Vitaflo Comidamed GmbH, Dieselstraße 23, 61191 Rosbach vor der Höhe, Germany.

2. Ordering process and conclusion of contract

2.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. The contract is concluded by completing the ordering process, the customer is informed of this by the seller via a subsequent overview. A detailed description of the ordering process with all the details of the individual ordering steps and the options to make changes can be accessed via the following link: "CONSUMER INFORMATION"

2.2. The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket using the "Add to basket" button. The customer can then complete the ordering process within the shopping basket by clicking on the "Proceed to checkout" button. Here, the customer must enter all the necessary data in the fields provided.

2.3. The customer submits a binding request to purchase the goods in the shopping basket by clicking on the "Pay now" button. Before submitting the order, the customer can check the data again and change it at any time. Required information is marked with an asterisk (*).

2.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has dispatched or delivered the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or by the seller sending the invoice.

2.5. If the customer has selected payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller has the right to withdraw from the contract, with the result that the order is cancelled and the seller has no obligation to deliver. The order is then cancelled without further consequences for the buyer and seller. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.

3. Prices and shipping costs

3.1. All prices stated on the seller's website include the applicable statutory value added tax.

3.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process. Shipping to Germany is free of charge for orders of €60.00 and above and shipping to Austria is free of charge for orders of €70.00 and above.

4. Delivery, availability of goods

4.1. If advance payment has been agreed, delivery will be made after receipt of the invoiced amount. Otherwise, the supplier will dispatch the ordered products in good time so that they are delivered to the buyer within the dispatch time specified in the offer.

4.2. If the ordered products are not all in stock and this is expressly stated in the respective item description, the seller is entitled to make partial deliveries at his own expense, if this is reasonable for the customer. The parts of the order that are available at a later date will be delivered to the customer within the delivery time stated on the respective item page. If there are delays in the delivery of some of the goods that are unforeseen and not specified in the item description, the seller shall inform the customer of this immediately. In this case, the customer is free to withdraw from the contract or to agree to one or more partial deliveries.

5. Methods of payment

5.1. The customer can choose from the available payment methods during and before completion of the ordering process. The following means of payment are available:

  • Credit card
  • Direct debit
  • PayPal

Which payment methods are offered is at the sole discretion of the seller and depends in particular on the value of the goods, the items in the shopping basket and the person placing the order. In individual cases, in particular if the seller is aware of a lack of creditworthiness on the part of the customer, the seller may reject individual means of payment even after the customer has sent the order. In this case, the customer can decide whether he wishes to pay by another means of payment or whether the order should be cancelled.

5.2. The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller.

6. Reservation of title

The delivered goods remain the property of the seller until full payment has been made.

7. Warranty for defects

The warranty shall be determined without limitation in accordance with the statutory provisions.

8. Liability

8.1. The following exclusions and limitations of liability shall apply to the seller's liability for compensation, notwithstanding the other statutory eligibility requirements.

8.2. The seller shall be liable without limitation if the cause of the damage is due to wilful intent or gross negligence.

8.3. Furthermore, the seller shall be liable for any slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for any breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the adherence of which the customer routinely relies (so-called cardinal obligations). In this case, however, the seller shall only be liable for the foreseeable damage typical for the contract. Subject to Clause 8.4, the seller shall not be liable for any slightly negligent breach of obligations other than those mentioned in the preceding sentences.

8.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

8.5. Insofar as the seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. 8.6. Clause 7 remains unaffected.

9. Storage of the text of the contract, contract language

9.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

9.2. The text of the contract is stored by the seller in digital form for the purpose of processing the contract and is kept for 3 years.

9.3. The contract languages are German, English, Spanish, Estonian, Latvian and Lithuanian.

10. Cancellation policy

10.1. Consumers have a statutory right to cancel when concluding a distance selling transaction and will be subsequently informed of this by the provider in accordance with the statutory model. A sample cancellation form can be found in Clause

10.2. The exceptions to the right to cancel are set in Clause 10.3.

Cancellation policy

Right to cancel

You have the right to cancel this contract within fourteen days without giving any reason.

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 taken possession of the goods. To exercise your right to cancel, you must inform us

Vitaflo Comidamed GmbH, Dieselstraße 23, 61191 Rosbach vor der Höhe, Germany

Phone: +49 (0)6172 253 234 0

Email: info@mevalia.com

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right to cancel before the cancellation period expires.

Consequences of cancellation

If you cancel this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the low-priced standard delivery offered by us), without undue delay and not later than fourteen days from the day on which we receive your notification regarding the cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is first.

You must return or hand over the goods to us without undue delay and in any case not later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the cancellation policy

10.2. Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

To:

Vitaflo Comidamed GmbH, Dieselstraße 23, 61191 Rosbach vor der Höhe, Germany.

Phone: +49 (0)6172 253 234 0

Email: info@mevalia.com

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

- Ordered on (*)/received on (*):

- Name of the consumer(s):

- Address of the consumer(s):

- Signature of the consumer(s) (only for notification in paper format):

- Date:

(*) Delete as appropriate

10.3. Exceptions to the right to cancel

The right to cancel does not apply to contracts for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded.

11. Code of conduct

There is no participation in a code of conduct.

12. Information on participation in alternative dispute resolution

The seller does not participate in any alternative dispute resolution procedure.

13. Place of jurisdiction, applicable law

13.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, shall remain unaffected.

13.2. The place of jurisdiction and place of fulfilment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.