Terms of service
1) Scope of Application
1.1 These General Terms and Conditions (referred to as "GTC") of the company MAVOLU (referred to as "Seller”) are applying to all contracts concluded between a consumer or a trader (referred to as "Customer”) and the Seller relating to all products and/or services presented in the Seller's online shop. The inclusion of the Customer's own conditions is objected to, unless other terms have been specified.
1.2 These GTC also apply to the purchase of vouchers and for contracts regarding the delivery of vouchers, unless explicitly agreed otherwise.
1.3 A consumer, as defined in these General Terms and Conditions (GTC), refers to any individual who engages in a legal transaction for purposes not primarily related to commercial or self-employed occupational activities.
1.4 A trader, according to these General Terms and Conditions (GTC), is a person or entity with legal capacity, including natural persons, legal entities, or partnerships, who engages in a legal transaction while operating within their commercial or independent professional activities.
2) Conclusion of the Contract
2.1 The product descriptions found in the Seller's online shop are not considered as binding offers from the Seller. Instead, they are intended to serve as a means for the Customer to submit a binding offer.
2.2 The Customer has the option to submit their offer through the online order form available on the Seller's online shop. By placing the desired goods and/or services in the virtual basket, proceeding through the ordering process, and clicking the finalising button, the Customer submits a legally binding contract offer for the goods and/or services in the shopping cart. Additionally, the Customer can also send their offer to the Seller via email.
2.3 The Seller may accept the Customer’s offer within five days, either by
- transferring a written order confirmation or an order confirmation in written form (via email), in which case the receipt of order confirmation by the Customer is decisive, or
- delivering the ordered products to the Customer, in which case receipt of goods by the Customer is decisive, or
- requesting the Customer to pay after his order has been placed.
If multiple of the mentioned options are applicable, the contract will be established when the first of these options occurs. If the Seller does not accept the Customer's offer within the specified timeframe, it will be considered as rejecting the offer, meaning that the Customer is no longer bound by his statement of intent.
2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE. If the Customer does not have a PayPal account, the payment will be subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. When the Customer selects a PayPal payment method during the online ordering process, the Seller accepts the Customer's offer the moment the Customer clicks the button to conclude the order process.
2.5 Upon submission of an offer through the Seller's online order form, the contract's text is retained by the Seller after its conclusion. It will be sent to the Customer in written form, such as via email, fax, or letter, following the order submission. The Seller is not obligated to provide further access to the contract text beyond this point. However, if the Customer has already established a user account on the Seller's online shop before placing the order, the order data will be stored on the Seller's website. The Customer can access this data at no cost through their password-protected user account, using the corresponding login details.
2.6 Before finalising a binding order through the Seller's online order form, the Customer has the opportunity to identify any input errors by carefully reviewing the information displayed on the screen. The browser's enlargement function can be used effectively to better identify any mistakes. During the electronic ordering process, the Customer can correct all entered data using the standard keyboard and mouse functions until they click the button to finalise the order process.
2.7 Only the German and English languages are available for the conclusion of the contract.
2.8 Order processing and communication typically occur via email and automated order processing. The Customer bears the responsibility to provide an accurate email address for order processing to ensure that the Seller's emails can be received at this address. Specifically, if the Customer uses SPAM filters, they must ensure that all emails sent by the Seller or third parties engaged by the Seller for order processing can be delivered successfully.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel can be found in the Seller’s Refund Policy and instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless explicitly stated otherwise in the Seller's product description, the prices displayed are inclusive of the statutory sales tax, making them total prices. Any applicable delivery costs will be specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 For deliveries to countries outside the European Union, there may be additional costs incurred in specific cases, for which the Seller holds no responsibility. These additional costs are to be borne by the Customer and may include transfer fees charged by banking institutes (transfer charges, exchange fees), as well as import duties or taxes (customs). Similar costs related to money transfers may also apply if the delivery is not made to a country outside the European Union but the Customer initiates the payment from a country outside the European Union.
4.4 If the agreement involves making payment in advance through a bank transfer, the payment should be made promptly after the contract is finalised, unless an alternate due date has been mutually agreed upon by the parties.
4.5 When opting for a payment method facilitated through the "PayPal" service, the payment will be managed through PayPal, who might engage third-party payment service providers for this process. If the Seller provides PayPal payment options that entail prepayments to the Customer (e.g., invoice-based purchases or instalment payments), the Seller will transfer their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Prior to accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will undertake a credit evaluation using the provided Customer data. Should the outcome of this assessment be a negative check result, the Seller retains the right to decline the chosen payment method. Upon approval of the chosen payment method, the Customer is obliged to settle the invoiced amount within the established payment timeframe or intervals. In this scenario, the Customer is exclusively permitted to make payments to PayPal or the payment service provider nominated by PayPal with debt-discharging effect. Nonetheless, even in the case of assignment of claims, the Seller remains accountable for general customer inquiries, such as those related to products, delivery times, shipments, returns, complaints, cancellation notices, and deliveries or credit notes.
4.6 Upon selecting a payment method facilitated through the "Shopify Payments" service, the payment process will be conducted by the payment service provider Shopify International Limited, situated at Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (referred to as "Shopify"). The specific payment options available via Shopify are communicated to the Customer in the Seller's online store. Shopify may collaborate with other payment services for payment processing, which may be subject to special payment terms, to which the Customer is separately referred. For additional details regarding "Shopify Payments," kindly visit https://www.shopify.com/payments.
4.7 When the payment method "immediate bank transfer" is chosen, the payment procedure is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (referred to as "SOFORT"). For the Customer to make payments via "immediate bank transfer" for the invoice amount, they must possess an active online banking account compatible with "immediate bank transfer" participation. Additionally, they are required to possess the appropriate credentials during the payment process and confirm the payment directive with SOFORT. Following this, the payment transaction is immediately processed, and the corresponding amount is debited from the Customer's bank account. Further details regarding the "immediate bank transfer" payment method can be accessed by the Customer at https://www.klarna.com/sofort/.
4.8 If a payment method offered by the payment service "Klarna" is selected, the payment process will be conducted through Klarna Bank AB (https://www.klarna.com/international/), Sveavägen 46, 111 34 Stockholm, Sweden (referred to as "Klarna"). Further information and Klarna's terms and conditions are accessible in the Seller's payment details, available for review at the following web link: https://mavolu.com/pages/klarna.
5) Shipment and Delivery Conditions
5.1 In cases where the Seller provides the shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless alternative arrangements are agreed upon. During the transaction processing, the delivery address stipulated in the Seller's order processing shall be decisive.
5.2 If the goods are returned to the Seller by the designated shipping company due to unsuccessful delivery attempts, the Customer will be responsible for the expenses incurred for the unsuccessful delivery. However, this does not apply if the Customer exercises his right to cancel effectively, if the inability to deliver is caused by circumstances beyond the Customer's control, or if the Customer was temporarily unable to receive the offered service, unless the Seller had provided prior notice to the Customer about the service within a reasonable timeframe.
5.3 For logistical reasons, personal collection of the goods is not possible.
5.4 Vouchers will be provided to the Customer as follows:
● by download
● by e-mail
5.5 The Seller reserves the right to cancel the contract in the event of incorrect or inadequate self-supply. However, this only applies when the Seller is not liable for the unavailability and if a concrete hedging transaction has been concluded with the supplier. The Seller is committed to making reasonable efforts to obtain the goods. If the goods are completely unavailable or only partially available, the Seller will promptly notify the Customer and grant them immediate counterperformance.
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, they maintain ownership rights over the delivered merchandise until the full purchase price has been settled.
7) Warranty
7.1 Unless explicitly specified otherwise, the regulations regarding statutory liability for defects shall be in effect. In contrast, the subsequent terms shall be applicable to contracts concerning the delivery of goods:
7.2 If the Customer acts as trader
● the Seller may determine the type of subsequent performance,
● for new goods, the time frame for asserting claims regarding defects is set at one year from the date of goods delivery,
● for used goods, the entitlements and claims related to defects are not applicable,
● the time limit for claims does not restart if a replacement delivery is performed under the scope of liability for defects.
7.3 The restrictions on liability and the reduction of the limitation period mentioned above do not apply
The above-mentioned limitations of liability and shortening of the period of limitation do not apply
● to claims for damages and reimbursement of expenses made by the Customer,
● if the Seller has fraudulently concealed the defect,
● for products that have been used in accordance with their customary use for a building and which have caused its malfunction,
● for any existing obligation of the Seller to provide updates for digital products within the context of agreements concerning the provision of goods that involve digital components.
7.4 Additionally, in the case of traders, the legal limitation periods for any potential statutory right of recourse shall remain unaltered.
7.5 If the Customer is a businessperson as defined by section 1 of the German Commercial Code (HGB), they are obligated by commercial standards to inspect the goods and inform the Seller about any defects as outlined in section 377 HGB. In the event that the Customer fails to fulfil the disclosure obligations stated therein, the goods will be regarded as accepted.
7.6 If the Customer acts as a consumer, they are required to promptly inform the shipping agent of any evident transportation damages and also notify the Seller accordingly. Failing to adhere to this requirement will not impede their statutory or contractual rights concerning defects.
8) Redemption of Campaign Vouchers
8.1 Vouchers provided by the Seller at no cost, intended for promotional activities, and limited to a specific validity period (referred to as "campaign vouchers"), are exclusively valid for redemption within the Seller's online store during the specified timeframe. These vouchers cannot be purchased by the Customer.
8.2 Specific items might be exempted from the voucher campaign if such exclusion arises from the terms associated with the campaign voucher.
8.3 Only one campaign voucher can be redeemed per order.
8.4 The total value of the goods should be equal to or exceed the value of the campaign voucher. Any remaining balance will not be reimbursed by the Seller.
8.5 When the value of the campaign voucher falls short for covering the entire order cost, the Customer has the option to select one of the other payment methods provided by the Seller to settle the remaining amount.
8.6 The credit from the campaign voucher will not be redeemed in cash and is not subject to any interest.
8.7 The campaign voucher will not be applied if the Customer exercises their legal right to return goods that were paid for, in whole or in part, using the campaign voucher.
8.8 Campaign vouchers are exclusively intended for the designated person mentioned on the voucher. It is prohibited to transfer the campaign voucher to a third party. The Seller holds the right, though not the obligation, to verify the entitlement of the voucher owner.
9) Redemption of Gift Vouchers
9.1 Vouchers available for purchase through the Seller's online store (referred to as "gift vouchers") can be exclusively utilised for redemption within the Seller's online shop, unless any different conditions are specified on the voucher.
9.2 Gift vouchers and any remaining balances on them can be utilised until the conclusion of the third year subsequent to the year of the gift voucher's purchase. Any remaining balances will be credited to the Customer's voucher account.
9.3 Gift vouchers can only be utilised before the order process is finalised. It is not possible to apply them for offsetting after the order has been completed.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the acquisition of goods and are not eligible for the purchase of additional gift vouchers.
9.6 In case the value of the gift voucher falls short of covering the entire order cost, the Customer has the option to select one of the other payment methods provided by the Seller to settle the remaining balance.
9.7 The credit from the gift voucher will not be exchanged for cash and is not subject to any interest.
10) Applicable Law
10.1 The legal relationships between the parties will be governed by the laws of the Federal Republic of Germany, excluding regulations governing the international purchase of movable goods. However, for consumers, this selection of law applies only in cases where the protection provided is not revoked by compulsory regulations of the country where the consumer habitually resides.
10.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who, during contract conclusion, are not residents of a European Union member state and have their sole place of residence and delivery address located outside the European Union.
11) Alternative dispute resolution
11.1 The EU Commission provides on their website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform is intended to serve as an entry point for resolving disputes arising from online sales and service agreements made between consumers and traders, using out-of-court methods.
11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
