Terms & Conditions
Table of Contents
- General/Applicability
- Registration
- Conclusion of Contract
- Prices
- Delivery, Shipping Costs
- Warranty and Service
- Retention of Title, Contract Cancellation
- Due Date and Payment
- Revocation
- Addresses
- Data Protection, Copyright, Trademark Rights
- Applicable Law and Jurisdiction
As of: March 2024
1. General/Applicability
These General Terms and Conditions (GTC) apply to the business relationships between mpa international ag (hereinafter referred to as “mpa international”) and consumers or businesses (hereinafter “customer” or “customers”) for the goods presented by mpa international in the online shop, in the version valid at the time of accessing the website or placing an order.
Deliveries, services, and offers by mpa international are made exclusively based on these GTC. They also apply to all future business relationships, even if they are not expressly agreed again.
From time to time, the terms of use of the website, the privacy policy, or the present GTC of the online shop are adjusted, supplemented, or changed. With each new access or visit to the website, the respectively current, accessible versions apply. Please visit this page regularly to view the current provisions. If you do not agree with the changed terms, we kindly ask you to delete your user profile, if you have created one. Without your deregistration, your user profile continues to exist after the new conditions come into effect.
Deviations from these terms and conditions are only effective with a confirmation from mpa international in writing. The current and binding version of the GTC is published at viphouse.fans. Should a provision of these general sales and delivery conditions prove to be wholly or partially ineffective, the contracting parties will replace this provision with a new agreement that comes as close as possible to its legal and economic success.
2. Registration
Every order of goods requires registration as a customer or the opening of a user profile at mpa international. Multiple registrations under different names or addresses are not permitted.
mpa international reserves the right to revoke admission at any time and without giving reasons. In this case, mpa international is entitled to immediately block and delete the user name and the corresponding password.
3. Conclusion of Contract
The presentation of mpa international’s range in the online shop does not constitute an offer to conclude a purchase contract with the customer. It is non-binding. By placing an order with mpa international via the internet (online shop), email, telephone, fax, or other communication channels and simultaneously accepting these GTC, the customer submits a binding offer to conclude a purchase contract with mpa international. The customer will receive a confirmation of receipt of the order (“order confirmation”). This confirmation does not constitute acceptance of the offer but is intended solely to inform the customer that the order has been received by mpa international. mpa international will separately notify the customer of any errors in the information about the range of products on the website.
The contract with mpa international is concluded when mpa international expressly accepts this offer (“order confirmation”) or when mpa international dispatches the ordered product to the customer. Each order to be delivered is subject to the reservation of payment receipt and product availability at mpa international.
If it turns out after the conclusion of the contract that the ordered goods cannot be delivered either in part or in full, mpa international is entitled to withdraw from the contract in whole or in part. Changes and/or cancellations of orders require the written consent of mpa international. The customer bears the expenses and costs incurred as a result of changes or cancellations.
4. Prices
The prices stated at the time of purchase and order apply to the purchase and order of goods and services. Price changes are reserved.
The time of the order is decisive for the price determination. Prices for products are binding on both sides at the time of the order on viphouse.fans in accordance with clause 3. With the update of the internet pages on viphouse.fans, all previous prices and other information about goods become invalid.
Price fluctuations are possible. The price at the time of submitting the offer is decisive. The respective applicable value-added taxes are additionally and separately billed.
Shipping costs are additionally charged and are to be paid by the customer. Shipping costs are shown separately in the ordering process (see also clause 6). Errors and printing errors are reserved. mpa international can make price changes at any time without prior notice. Consulting and support services are not included in the sales prices.
5. Delivery, Shipping Costs
The indication of a delivery date is made to the best of our knowledge but without guarantee. Delivery will only take place after receipt of payment to an account of mpa international in advance. The respective delivery times specified for the product in the online shop commence upon receipt of payment.
The delivery of the ordered products takes place according to the agreements made with the customer by sending the goods to the address specified by the customer. The delivery of the goods is only made within Germany and to other countries by special agreement.
The delivery times and delivery periods specified by mpa international are always non-binding, unless otherwise expressly agreed. mpa international is entitled to make partial deliveries.
The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery of the goods to the carrier, freight forwarder, or other persons or companies designated to carry out the shipment.
Shipping costs are borne by the customer unless otherwise agreed. The shipping costs depend on the shipping method chosen, the weight, and the size of the shipment and will be communicated to the customer before completing the order.
6. Warranty and Service
mpa international guarantees that the delivered goods have the contractually agreed-upon quality and that they are free from material and legal defects. The warranty period for consumers is two years from the transfer of risk to the customer.
For customers who are entrepreneurs, the warranty period is one year from the transfer of risk. mpa international provides a guarantee of one year from the date of delivery to entrepreneurs if defects occur in the items supplied by mpa international that were not included in the normal wear and tear or if mpa international has not provided a quality guarantee.
mpa international does not give any guarantees to the customer beyond the statutory warranty claims.
mpa international is not responsible for damages and defects caused by the customer himself or by third parties. This includes damages caused by incorrect handling, wear and tear, incorrect or negligent handling, use of unsuitable accessories, unauthorized modifications to the product, or repairs carried out by the customer himself or by third parties.
If the customer is a business owner, he must examine the goods immediately after delivery by mpa international for defects. Obvious defects must be reported in writing within two weeks after delivery; otherwise, the assertion of the warranty claim is excluded. The timely dispatch of the notice of defects is sufficient to meet the deadline.
mpa international reserves the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the order has been placed).
The statutory warranty claims remain unaffected.
7. Retention of Title, Contract Cancellation
mpa international retains ownership of the goods delivered by it until the purchase price and all associated costs and expenses have been paid in full. If the customer is in default with any payment obligations to mpa international, mpa international is entitled to demand the return of the reserved goods and to rescind the contract. In this case, the customer is obliged to surrender the goods. In the case of default in payment, the customer is obliged to bear all costs necessary for the recovery of the goods, in particular transport and storage costs.
The customer can only assert a right of retention if the counterclaim is based on the same contractual relationship.
In the case of custom-made products or orders according to customer specifications, a right of withdrawal or return is excluded.
The statutory rights of withdrawal and return remain unaffected.
8. Due Date and Payment
The purchase price is due for payment immediately upon conclusion of the contract and delivery of the goods. The payment method for goods delivered to consumers is selected by the customer from the payment options offered by mpa international in the online shop and specified in the order process. The payment methods available for businesses are specified in the order process.
In the event of late payment, mpa international is entitled to demand interest on arrears at a rate of 5% above the base interest rate of the European Central Bank. If mpa international can prove higher damages caused by default, mpa international is entitled to assert these.
The assertion of further damages remains unaffected. Payments by the customer are always used to settle the oldest debts, regardless of any different instructions from the customer.
The customer is only entitled to offset if his counterclaims have been legally established or are undisputed. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
9. Revocation
Consumers have the following right of revocation:
Cancellation Policy / Right of Withdrawal
- You have the right to revoke this contract within fourteen days without giving reasons.
- The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
- To exercise your right of withdrawal, you must inform us (mpa international ag, Huobmattstrasse 5, CH-6045 Meggen, Tel.: +41 78 307 16 38, Email: contact@mpa.international) by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract.
- In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without 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 refund, 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 refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
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 the condition, properties and functioning of the goods.
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
For contracts for the delivery of goods, the right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
In the case of contracts for the delivery of sound or video recordings or computer software in a sealed package, the right of withdrawal also expires prematurely if the seal has been removed after delivery.
The customer is responsible for returning the goods in perfect condition and in the original packaging. If the goods are damaged or lost during the return transport, the customer shall bear the costs.