Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 General Provisions
(1) The following terms and conditions apply to all contracts you enter into with us, the provider (Mara Shops GmbH), via the website www.mara-vital.ch. Unless otherwise agreed, we do not accept the inclusion of any terms and conditions you may use.
(2)For the purposes of the following provisions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A “business operator” is any natural or legal person, or a partnership with legal capacity, that acts in the course of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Formation of the Contract
(1)The subject matter of this contract is the sale of goods.
(2)By listing the relevant product on our website, we are making you a binding offer to enter into a contract under the terms and conditions specified in the product description.
(3)The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.
After accessing the “Checkout” page and entering your personal information as well as the payment and shipping terms, all order details are displayed once more on the order summary page.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as your payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order summary page in our online shop.
Before submitting the order, you have the opportunity to review all details here, make changes (including via the “back” function of your web browser), or cancel the purchase.
By submitting the order via the “Buy” button, you legally and bindingly accept the offer, thereby concluding the contract.
(4)Your requests for a quote are non-binding. We will provide you with a binding quote in writing (e.g., via email), which you may accept within 5 days.
(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out in part automatically via email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically possible, and, in particular, that they are not blocked by spam filters.
§ 3 Right of Retention, Retention of Title
(1)You may exercise a right of retention only to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business owner, the following also applies:
(a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or assigned as security prior to the transfer of title.
b) You may resell the goods in the ordinary course of business. In such a case, you hereby assign to us all claims arising from the resale in the amount of the invoice total; we accept such assignment. You remain authorized to collect the claim. However, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(c) If the goods subject to retention of title are combined or mixed with other items, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the other items processed at the time of processing.
(d) We agree to release the collateral to which we are entitled at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
§ 4 Warranty
(1)The statutory rights regarding liability for defects apply.
(2)As a consumer, you are asked to inspect the item immediately upon delivery to ensure it is complete and free of obvious defects or shipping damage, and to notify us and the carrier of any issues as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3)If you are a business, the following applies in deviation from the warranty provisions set forth above:
a) Only our own specifications and the manufacturer’s product description shall be deemed to have been agreed upon asthe quality of the item; other advertising, public promotions, and statements by the manufacturer shall not be considered.
b) In the event ofdefects, we shall, at our discretion, provide warranty by repair or replacement. If the attempt to remedy the defect fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect, or other circumstances, indicate otherwise. In the event of repair, we are not required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) Thewarranty period is one year from the date of delivery of the goods. The shortened warranty period does not apply:
– for damages attributable to us resulting from injury to life, limb, or health, and for other damages caused intentionally or through gross negligence;
– to the extent that we have fraudulently concealed the defect or have provided a warranty regarding the quality of the item;
– for items that have been used in a building in accordance with their normal intended use and have caused the building’s defectiveness;
– in the case of statutory recourse claims that you have against us in connection with rights arising from defects.
§ 5 Cancellation
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 designated by you (other than the carrier), took possession of the last item.
To exercise your right of withdrawal, you must inform us (Mara Shops GmbH, Mülacher 6, 6024 Hildisrieden, Tel.: 0414408686, Email: info@mara-vital.ch) by means of a clear statement (e.g., a letter sent by mail, fax, or email) regarding your decision to withdraw from this contract.
To meet the deadline for exercising your right of withdrawal, it is sufficient to send notification of your intention to exercise this right before the withdrawal period expires.
Consequences of the revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than thirty days from the day on which we receive notification of your cancellation of this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We will pick up the goods at our expense. You are only liable for any loss in value of the goods if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their condition, characteristics, and functionality.
Mattresses: A Special Case
We offer a 100-day return policy on our mattresses. You can try out the mattresses for up to 100 days. If you are not satisfied with the mattress, you can return it at no cost. Simply send us a message or give us a call. We will arrange for the return shipping. There are no costs associated with the return shipping. After a brief inspection, you will receive a full refund within 14 days. The mattress must not show any physical damage. The mattress must not show any physical damage, in particular no cuts from sharp objects or stains from liquids of any kind. In such cases, we reserve the right to reduce the refund amount accordingly.
§ 6 Choice of Law, Place of Performance, Jurisdiction
(1) Swiss law shall apply. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence (principle of favorability).
(2) The place of performance for all obligations arising from business relationships with us, as well as the venue for legal proceedings, is our registered office, provided that you are not a consumer but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general venue for legal proceedings in Switzerland or if your domicile or habitual residence is unknown at the time the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
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II. Customer Information
1. Seller’s Identity
Mara Shops GmbH
Mülacher 6
6024 Hildisrieden
Switzerland
Phone: 00 41 41 440 86 86
Email: info@mara-vital.ch
2. Information on the Formation of the Contract
The technical steps involved in concluding the contract, the conclusion of the contract itself, and the options for making corrections are governed by the provisions on “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Language of the Contract, Storage of the Contract Text
3.1. The language of the contract is German.
3.2. We do not store the full text of the contract. Before submitting your order via the online shopping cart system, you can print out the contract details using your browser’s print function or save them electronically. Once we receive your order, we will send you the order details, the legally required information for distance contracts, and the Terms and Conditions again via email.
3.3. For quote requests made outside of the online shopping cart system, you will receive all contract details in writing as part of a binding offer, e.g., via email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have adhered to the Code of Ethics of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential characteristics of the goods or services
The key features of the product and/or service are listed in the relevant offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, are total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be viewed by clicking the corresponding button on our website or in the relevant offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
6.3. If the delivery is made to countries outside Switzerland, additional costs beyond our control may apply, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees charged by financial institutions), which you are responsible for paying.
6.4. The payment methods available to you are listed under a button with the corresponding label on our website or in the relevant offer.
6.5. Unless otherwise specified for each payment method, payment obligations arising from the concluded contract are due immediately.
6.6 Terms and Conditions for the “Byjuno Invoice with Installment Option” payment option offered by Byjuno AG
- General Information
- These Terms and Conditions (hereinafter: “T&C”) govern the legal relationship between you and Byjuno AG (Industriestrasse 13C, 6300 Zug, hereinafter: “Byjuno”) with respect to the payment option “Byjuno Invoice with Installment Option” (hereinafter: “Payment Option”).
- By requesting this payment option, you confirm that you have read and understood the Terms and Conditions and agree to them.
- This payment option is available to natural persons with legal capacity who are residents of Switzerland or Liechtenstein, as well as to legal entities headquartered in Switzerland.
- In order to fulfill your payment obligations under this agreement, you must have a Swiss bank account.
- Identity and credit checks
- The conclusion of the contract between you and Byjuno regarding the “Byjuno Invoice with Installment Option” is subject to a successful identity and credit check.
- The identity and credit checks are conducted by Intrum AG.
- The processing of your personal data is governed by Section 10.
- Receivables from sales and/or service contracts
- You agree to pay Byjuno all amounts due resulting from purchases made from participating merchants, plus any interest and fees associated with the payment option you have selected.
- The merchant assigns its claim arising from the underlying transaction (purchase and/or service agreement) to Byjuno. The assignment of the claim by the merchant and the invoicing by Byjuno do not have a novating effect.
- The purchase and/or service agreement entered into between you and the merchant is concluded exclusively between you and the merchant, and its execution is governed by the terms and conditions agreed upon therein. All customer inquiries regarding the goods/services, discrepancies, complaints, delivery times, cancellations, objections, shipments, returns, warranty claims, credit notes, as well as any objections or claims you may have against the merchant, etc. (hereinafter “objections and claims”) must be directed exclusively to the merchant. Defenses and objections against the merchant do not release you from your full obligation to pay Byjuno. Regardless of such defenses and objections, you must pay the full invoiced amount to Byjuno. Byjuno will not refund any invoices already paid by you to Byjuno, except in cases of credit notes confirmed by the merchant to Byjuno.
- If you do not notify us immediately of any changes to your address, we will charge you CHF 30.00 for address tracing.
- Any returns must be sent directly to the retailer. Returns sent to Byjuno will be forwarded to the retailer at the customer’s expense. A processing fee of CHF 25.00 may apply for processing and forwarding the return.
- Terms of Payment
- Invoices are sent electronically by default to the valid email address you have provided. By agreeing to these Terms and Conditions, you confirm that you will use your email address for legal purposes and that you will regularly check your inbox—i.e., at a frequency appropriate for fulfilling your obligations under this contract—to retrieve and review your emails and respond in a timely manner. If you provide an invalid email address, Byjuno may send the invoice(s) and any reminders by mail and charge an additional fee of CHF 10.00 for each such instance. Alternatively, you may request that the invoice(s) be sent by mail, which will incur a corresponding cost of CHF 3.95 per mailing.
- The total amount (invoice amount plus interest and fees) must be received in Byjuno’s account within three months as follows:
| Rate | Minimum amount of the total outstanding balance | Payment due within [number] days of the invoice date |
| 1 | 10% (min. CHF 5.00) | 20 days |
| 2 | 50% | 59 days |
| 3 | Balance | 90 days |
You are free to pay a higher amount or the outstanding balance at any time.
Legal entities are not eligible for payment plans. The payment term for the total amount (invoice amount plus interest and fees) is 20 days from the invoice date.
- Interest and Fees
- Interest at a rate of 14.9% per annum will accrue on the outstanding balance starting on the 20th day after the invoice date.
- Except for the first invoice, an administrative fee of CHF 2.50 applies to each invoice, regardless of the method of delivery.
- Delay
- Once the payment deadline for an invoice has passed, you will be in default without receiving a reminder. In the event of late payments, you owe Byjuno late payment interest at a rate of 14.9% per annum. The first reminder is sent 5 days after the due date, with associated costs of up to CHF 30.00 for each individual reminder. Byjuno may engage third parties to collect the debt and is entitled to assign the invoice claim(s) to third parties. Fees for transfer to a collection agency: Collection processing fee depending on the amount of the claim in CHF: 37 (up to 19); 58 (up to 59); 145 (up to 399); 225 (up to 999); 285 (up to 1,999); 385 (up to 2,999); 575 (up to 4,999); 685 (up to 6,999); 825 (up to 9,999); 1,375 (up to 19,999); 2,600 (up to 49,999); 6% of the claim (from 50,000). Byjuno has the right to assign the invoice claim(s) or the right to receive payments in accordance with these provisions to third parties. The collection service provider has a direct right of claim.
- Refunds
- For any refunds that are not related to a product return, product defect, or product recall and that are caused by you, a processing fee of CHF 25.00 may apply.
- Communication
- Communication between you and Byjuno generally takes place via www.byjuno.ch and by email.
- You expressly authorize Byjuno to communicate with you via email (unencrypted) using the email address you have provided. All communications sent by Byjuno via email to the email address you have provided are deemed to have been delivered within two calendar days of being sent (deemed delivery).
- At your express request, invoices and reminders can also be sent to you by mail for a fee (see Section 4.1).
- Term and Termination of the Contract
- This contractual relationship ends upon payment of the outstanding balance in full.
- Byjuno is entitled to terminate the contractual relationship at any time and without cause by providing you with written notice. In such a case, the total outstanding amount must be paid within the payment period specified in the notice. If you move abroad, the total outstanding amount becomes due immediately.
- Credit check, authorization to obtain information, data processing in Germany and abroad
- For the purpose of fulfilling the contract, Byjuno collects and processes the following personal data: first and last name, date of birth, home address, phone number, email address, information about your financial circumstances, IP address, device ID, as well as all details on the merchant invoice (in particular, purchase amount and product category) and information about your purchasing and payment behavior.
- Intrum AG is responsible for conducting identity and credit checks. To this end, Byjuno will provide Intrum AG with the contract and the information you provided during the application process regarding your personal details and financial circumstances. You acknowledge and agree that Intrum AG is expressly permitted to process this data in accordance with its privacy policy (available at the following link: intrum.ch -> Privacy Policy) and, in particular, to make it available to other third parties. Byjuno receives information from Intrum AG regarding your creditworthiness, including details about your personal information, your ability to pay, and any other obligations.
- You agree that Byjuno may process the data specified in Section 10.1 for market research and marketing purposes. You further agree that Byjuno may disclose this data to the following third parties, both domestically and abroad, for the following purposes: Companies of the Intrum Group (market research and marketing purposes), Threatmetrix www.threatmetrix.com (fraud prevention). You may revoke these consents at any time by sending a written notice to Byjuno, Data Protection Officer, Industriestrasse 13c, CH 6300 Zug.
- You acknowledge that Byjuno may outsource certain activities, particularly those related to the administration of the contractual relationship (e.g., application and contract processing, including credit checks, correspondence, dunning, and debt collection), as well as data storage, in whole or in part, to third parties both domestically and abroad.
- Disclaimer
- Byjuno disclaims all liability for direct and indirect damages to the fullest extent permitted by law. In particular, Byjuno is not liable for any damages that may arise if an affiliated merchant refuses, for any reason, to accept payment via a payment option, or if a payment via a payment option cannot be processed due to technical or other reasons. Byjuno further disclaims any warranty or liability if malicious software or similar has been installed on the internet-enabled device you are using. Furthermore, Byjuno assumes no liability for damages arising from data misuse, a technical malfunction, or the use of the internet connection.
- Any claims for liability or warranty must be directed to the affiliated retailer, and Byjuno disclaims any warranty or liability in this regard. In particular, any complaints regarding purchased goods or services, as well as any disputes or claims arising from these transactions, must be addressed directly to the retailer (see Section 2). Any set-off defense to which you may be entitled against the affiliated retailer cannot be asserted against Byjuno.
- Changes
- Byjuno reserves the right to unilaterally amend these Terms and Conditions at any time, provided that such amendments do not unreasonably prejudice your interests, and to adjust (optional) fees. You will be notified of any changes in an appropriate manner (e.g., along with your invoice). The currently valid Terms and Conditions can also be viewed at any time at www.byjuno.ch.
- Severability Clause
- If any provision of these Terms and Conditions is or becomes invalid or void, this shall not affect the validity of the remaining provisions. In the event that a provision is invalid or void, it shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
- Final Provisions
- Byjuno may assign all rights and claims arising from the contractual relationship with you to third parties at any time. Byjuno may also transfer all or part of the contractual relationship to third parties.
- This legal relationship is governed exclusively by Swiss substantive law.
7. Terms of Delivery
7.1. The delivery terms, delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the relevant offer.
7.2. If you are a consumer, the law provides that the risk of accidental loss or accidental deterioration of the item sold during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the seller or any other person designated to carry out the shipment.
If you are a business owner, delivery and shipping are at your own risk.
8. Statutory Liability for Defects
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
Last updated: November 1, 2020
