Terms and Conditions

GENERAL TERMS AND CONDITIONS

1 Scope of Application

(1) These General Terms and Conditions apply to all orders you place with the online shop of

Mavelos sarl
111, Grand-Rue
L-9051 Ettelbrück

.

(2) The products offered in our online shop are exclusively for buyers who have reached the age of 18.

(3) Our deliveries, services, and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of a customer's general terms and conditions that conflict with our General Terms and Conditions is hereby rejected.

(4) The contract language is exclusively German.

(5) You can access the currently valid General Terms and Conditions on the website [https://mavelos.myshopify.com/pages/agb].

2 Conclusion of Contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods from the online shop.

(2) By clicking the button ["Order with obligation to pay" / "Buy"], you submit a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can review and correct the order if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This order confirmation does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded by the order confirmation.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we dispatch the goods to you without prior express declaration of acceptance. Exception: when paying by advance payment, the order is accepted immediately with your order.

3 Prices

(1) The prices stated on the product pages include statutory value-added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website at [https://mavelos.myshopify.com/pages/versand-und-zahlung]

4 Payment Terms; Default

(1) Payment can be made by choosing from the following options:

Invoice by advance payment

Payment in the shop

(2) We reserve the right to select the available payment methods. In particular, we reserve the right to offer you only selected payment methods, for example, advance payment, to secure our credit risk.

(3) If you choose advance payment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 7 days of receipt of the order confirmation.

(4) If you are in default of payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate. For each reminder sent to you after the occurrence of default, a reminder fee of EUR 2.50 will be charged, unless a lower or higher damage is proven in individual cases.

5 Set-off/Right of Retention

(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.

6 Delivery; Retention of Title

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.

(2) The goods remain our property until full payment of the purchase price.

(3) We are exceptionally not obliged to deliver the ordered goods if we have ordered the goods ourselves in due course, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite for this is that we are not responsible for the unavailability of the goods and that we have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. In the event of such unavailability of the goods, we will refund any payments already made by you without delay. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are described only by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the following additionally applies: - We reserve title to the goods until all claims arising from the ongoing business relationship have been fully settled. Before the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted. - You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves. - In the event of combination and mixing of the goods subject to retention of title, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. - We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.

7 Right of Withdrawal

In the event that you are a consumer within the meaning of § 13 BGB, i.e., you are making the purchase for purposes that are predominantly neither attributable to your commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us Company: Address: Email: Phone: Fax: by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of Withdrawal If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to [if applicable, name and address of a person authorized by you to receive the goods] without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send 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 them in a way that is not necessary to check the quality, characteristics, and functioning of the goods.

 

Sample Withdrawal Form

If you wish to withdraw from the contract, please fill out this form and send it back.

To

Company:

Address:

Email:

Fax:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on (*)/received on (*)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only for communication on paper)

Date

(*) Delete as appropriate.

 

End of withdrawal instruction

 

The right of withdrawal does not apply to the delivery - of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer (e.g., T-shirts with your photo and your name), - of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, - of goods if these have been inseparably mixed with other goods after delivery due to their nature, - of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, - of newspapers, periodicals, or magazines with the exception of subscription contracts. (2) Please avoid damage and contamination. Please return the goods, if possible, in their original packaging with all accessories and all packaging components to us. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage to avoid claims for damages due to damage resulting from inadequate packaging. (3) Please call us at [phone number] before returning the goods to announce the return. This will enable us to allocate the products as quickly as possible. (4) Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

8 Transport Damage

(1) If goods are delivered with obvious transport damage, please report such defects immediately to the delivery agent and contact us as soon as possible.

(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 ff. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is - deviating from the statutory provisions - one year. This limitation does not apply to claims for damages resulting from injury to life, body, or health or from the breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contracting party may regularly rely (cardinal obligation), as well as for claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or their vicarious agents.

(3) Otherwise, the statutory provisions apply to the warranty, in particular the two-year limitation period according to § 438 para. 1 No. 3 BGB.

(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications: - Only our own statements and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. - You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. If the duty to examine and give notice of defects is violated, the assertion of warranty claims is excluded. - In the event of defects, we provide a warranty, at our discretion, by repair or replacement delivery (subsequent performance). In the event of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the movement corresponds to the intended use of the goods. - If subsequent performance fails twice, you can, at your option, demand a reduction or withdraw from the contract. - The warranty period is one year from the delivery of the goods.

10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as according to the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.

(2) Otherwise, the following limited liability applies: In cases of slight negligence, we are only liable for the breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damages typical for the contract at the time of its conclusion. This limitation of liability also applies in favor of our vicarious agents.

11 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a mediation procedure and, unfortunately, cannot offer you participation in such a procedure. § 12 Final Provisions

(1) Should one or more provisions of these GTC be or become invalid, the validity of the other provisions shall remain unaffected.

(2) Contracts between us and you are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you habitually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law, or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

12 Redemption of Promotional Vouchers

(1) Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

(2) Promotional vouchers can only be redeemed by consumers.

(3) Individual products may be excluded from the voucher promotion, if such a restriction results from the content of the promotional voucher.

(4) Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

(5) Multiple promotional vouchers can also be redeemed for one order.

(6) The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

(7) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

(8) The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

(9) The promotional voucher will not be refunded if the customer returns the goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

(10) The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

13 Disclaimer / Exclusion of Liability

(1) All products offered by us may only be used for the purposes specified on the packaging. We hereby clearly distance ourselves from any other type of use and exclude liability for consequential damages due to improper handling or even misuse.

(2) Specifically, our industrial hemp flowers are a raw material product for further processing. Application in and on humans is to be avoided in all cases! Violations will not be accepted or tolerated by us. Should we become aware that products are being used contrary to their intended purpose, we reserve the right to prohibit future purchases by the persons concerned or to issue a ban from our store as part of our house rules.

(3) Some of our products are illegal in Germany due to a THC content of more than 0.2% THC. German citizens are only permitted to purchase these products if they remain within the borders of Luxembourg until their final consumption or processing. Exporting them to Germany constitutes a criminal offense! In such cases, we also exclude any liability for any costs incurred through criminal prosecution! Customers are obliged to adequately inform themselves about the legislation of their home country before making a purchase, whether online or in-store.

(4) It is not possible for us to check the laws of Luxembourg's neighboring countries, as these can change daily. For this reason, the sole responsibility for the legality of the purchased goods in the buyer's home country lies entirely with the customer.

Status: 05.2019