ma-di solutions ltd, London, Branch Glattpark (Opfikon), Voisin-Strasse 2, 8152 Glattpark (Opfikon), Switzerland (hereinafter referred to as ma-di solutions ltd) distributes dietary supplements to end consumers via its website www.vitamin-booster.com. End consumers are natural persons, who place their order for a purpose that is attributed neither to the commercial nor self-employed profession of the buyer. These general terms and conditions (hereinafter referred to as GTC) regulate the contractual relationship between ma-di solutions ltd and the buyer with regard to all goods ordered on the mentioned website. Should individual provisions of these GTC be wholly or partially void and/or unenforceable, this will not affect the remaining provisions.
2.1 All offers by ma-di solutions ltd on the website are subject to change and non-binding. Contracts are deemed concluded only after an online order by the buyer, immediately sending of an e-mail order confirmation and delivery of goods by ma-di solutions ltd or payment notification to the buyer by ma-di solutions ltd. ma-di solutions ltd reserves the right not to execute an order if the ordered goods are not in stock. You will of course be immediately informed by ma-di solutions ltd of such an unavailability and your payment will be reimbursed in full.
2.2 Changes or amendments to these GTC are to be made in writing. This also applies to the written form requirement. Differing or contrary GTC of the buyer are not recognized and are not part of the contract.
2.3 The text of the contract, consisting of the order and GTC including revocation instruction, is confirmed by the buyer when ordering. The GTC including the revocation instruction can be downloaded from the website by the buyer. The text of the contract will be filed by ma-di solutions ltd. Before placing a binding order, the buyer can correct type errors by clicking on the displayed steps of the ordering/checkout process.
2.4 The languages available for the conclusion of contract are English and German.
2.5 Order processing and contacting are usually carried out by e-mail and automated order processing. The buyer has to ensure that the provided e-mail address for order processing is correct so that e-mails sent by ma-di solutions ltd can be received. The buyer must in particular ensure that despite the use of spam filters any e-mails sent by ma-di solutions ltd or any affiliated third parties involved in the order processing can be delivered.
3.1 Product details such as drawings, illustrations, dimensions, weights and other services or characteristics must be understood by the buyer as approximate values only and particularly do not represent guaranteed properties, unless they are expressly accepted as binding in writing.
3.2 The shelf life of the Vitamin-Booster products amounts to at least 4 months from the date of delivery (4-months supply). For larger monthly supplies the shelf life of the individual Vitamin-Booster products correspondingly increases proportionally by several months.
3.3 The prices are stated in GBP (British Pound), Euro (EUR) or CHF (Swiss Franc) and do not include value-added tax (VAT). In case of International Exports the specific import and customs regulations must be observed and borne by the buyer. A cash discount deduction will not be granted. WIR-payment is not accepted. Any bank fees regarding the money transfer (for example transfer fees or exchange fees) are to be fully borne by the buyer.
4.1 Deadlines and periods indicated by ma-di solutions ltd are always to be assumed as estimates and are non-binding. Dates and deadlines desired by the buyer are non-binding, unless they are expressly confirmed in writing by ma-di solutions ltd.
4.2 ma-di solutions ltd delivers only per dispatch route. ma-di solutions ltd is free to choose the shipping method. For logistic reasons, a pickup by the buyer is not possible.
4.3 ma-di solutions ltd is not responsible for delay in delivery due to force majeure and does not release the buyer from his contractual obligations.
4.4 The goods are delivered by ma-di solutions ltd with discharging effect and transfer of risk, when delivery is effected to the billing address of the buyer, which was stated in the order and the goods were handed over to a person in the household or the neighbourhood, who confirmed receipt in writing or electronically.
4.5 If the shipping company sends the delivered goods back to ma-di solutions ltd, because a delivery to the buyer was not possible or the goods were not picked up, the buyer bears the costs for the unsuccessful delivery. This does not apply if the buyer exercises effectively his right of revocation, if he was not responsible for the circumstance that has led to the impossibility of delivery or if the buyer was temporarily prevented from accepting the service offered, unless ma-di solutions ltd informed the buyer on the pending delivery within a reasonable period in advance (at least 1 day).
5.1 If the purchased goods are defective, the buyer can demand a supplementary performance (removal of defects or replacement delivery). If this is not possible, the buyer may reduce the purchase price, withdraw from the contract or claim compensation in case of a significant defect.
5.2 Unless stated otherwise below, further claims of the buyer - regardless of whatever legal grounds - are excluded. ma-di solutions ltd is therefore not liable for damages that did not result on the object of the delivery itself; particularly ma-di solutions ltd cannot be held liable for lost profits or other financial losses of the buyer.
5.3 As long as the liability of ma-di solutions ltd is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
5.4 The above limitations of liability shall not apply if the damage was caused by malicious intent or gross negligence or upon personal injury. It does also not apply if the buyer asserts claims based on product liability. If ma-di solutions ltd negligently violates a contractual obligation, the obligation to pay compensation for material damages is limited to typically caused damage.
5.5 In case of supplementary performance by replacement delivery, the buyer is obliged to return the initially delivered goods to ma-di solutions ltd at his own expense within 30 days. If the goods are not received within this period of time, ma-di solutions ltd is entitled to charge the purchase price for the replacement delivery.
5.6 The period of limitation is twenty-four months from delivery of the goods to the buyer.
6.1 The payment of goods ordered can be effected as follows:
- Prepayment: In case of prepayment, the buyer commits himself to pay the purchase price immediately after contract conclusion.
- Via PayPal or credit card: You must basically be registered at PayPal respectively firstly register yourself, legitimize yourself with your access data and confirm the payment order to ma-di solutions ltd (except guest access if applicable). You will receive more information during the ordering/checkout process in this regard. Thereby the PayPal User Agreement is applying, accessible as follows: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full
6.2 A payment is deemed effected if ma-di solutions ltd is able to dispose of the corresponding amount.
6.3 If the buyer should be in default of payment, he must pay ma-di solutions ltd interest for late payment at the rate of 5%. ma-di solutions ltd reserves the right to charge the buyer with reminder fees up to GBP 8 (respectively EUR 10 or CHF 10) per reminder.
6.4 Until full payment the goods remain property of ma-di solutions ltd. ma-di solutions ltd is entitled to withdraw from the contract if the buyer behaves contrary to the provisions of these GTC, particularly in case of default of payment, and to reclaim the goods.
If charging the debits on the buyer's account is impossible due to insufficient funds or other reasons that the buyer is accountable for, the buyer has to bear the resulting costs himself.
Buyers generally have a right of revocation. The right of revocation does not apply to the delivery of sealed goods that are not suitable to be returned due to health or hygiene reasons. Thus a revocation of goods with a opened seal is not possible. The same applies to perishable goods whose expiration date has passed. Apart from that, reference is made to the specific provisions regarding the right of revocation at vitamin-booster.com as an integral part of these GTC.
Personal data of buyers (in particular name, address, phone number, e-mail, bank data) is only forwarded to third parties if this is indispensably necessary for ma-di solutions ltd to fulfill its contractual obligations. In this case the extent of the information to be transferred is limited to the necessary minimum. For further information please see the provisions regarding data protection at vitamin-booster.com as integral part of these GTC.
10.1 All legal relationships of the parties are subject to the laws of Switzerland under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For end consumers, this choice of law shall apply only insofar, as the protection granted by mandatory law provisions of the country, in which the end consumer has his habitual residence, is not withdrawn.
10.2 The general terms and conditions as well as the provisions regarding the right of revocation and data protection are written in English and German. In case of doubt the German version shall be binding.
Last updated: 24 September 2018