Terms and Conditions
Terms and conditions
As of December 2024
These conditions
(1) This website mildao.ch (the "Site") and/or the services, including all associated mobile applications (collectively: the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by milVIVA AG (hereinafter also: "we", "us" and "our"). These terms and conditions ("Terms") set out the conditions under which visitors or users (collectively: "Users" or "you") may visit or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site, using our Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel the purchase agreement, and what to do if you have any problems.
(3) You declare that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must have the permission of your parent or legal guardian to use the Services or purchase Products.
Purchase of products
(1) The purchase of products is subject to the conditions in force at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in its entirety before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Buy Now" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.
(3) You can select products from our product selection and put them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any inadvertent pricing errors. These changes will not affect the price of products you have already purchased. When paying, you will be shown an overview of all the products you have placed in your shopping cart. The overview includes the essential properties of each product as well as the total price for all products, the applicable sales tax (VAT)/value added tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option of checking the products and quantities and, if necessary, changing, removing or correcting them. You can also use the edit function to identify and correct any input errors before placing your final binding order. All delivery times stated apply from receipt of your payment of the purchase price. If you click on the "Order with payment" button, you are placing a binding order to purchase the listed products at the stated price and shipping costs. Before completing the order process using the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding box.
(4) We will then send you an e-mail confirming receipt of your order, in which your order will be listed again and which you can then print or save using the corresponding function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement to purchase the products is only concluded when we send you a declaration of acceptance by email or ship the products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method - and you choose this payment method for your order - where a payment transaction is initiated immediately upon submission of your order (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding agreement is deemed to have been concluded when you have initiated the ordering process as described above using the "Order with payment" button.
(6) The purchase contract can be concluded in [German] language. After conclusion of the contract, the contractual terms and conditions will be stored by us and you will no longer have access to them.
Return and Cancellation
If you purchase one or more products through the Site or Services that are shipped in one shipment, the Return and Cancellation Instructions apply.
Warranty
We are liable under the statutory warranty provisions for quality defects and/or legal issues with the products you purchase from us.
Storage of online payment details
You can save your preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, gift cards and other offers
Vouchers, gift cards, discounts and other offers may be available for our products from time to time (“Offers”). Such Offers are only valid for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Member Account
(1) In order to access and use certain areas and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or your settings, they can perform all actions available to you and, for example, make changes to your account. We therefore strongly advise you to keep the login details for your Member Account safe. Such activities may be deemed to have been performed by you and/or on your behalf and you may be solely responsible for those activities that occur under your account, whether or not expressly authorized by you, and for any damages, expenses and losses arising therefrom. You will be liable for activities related to your Member Account as described if you have negligently enabled a third party to use your Member Account by failing to take reasonable care to protect your login credentials.
(3) You may create and access your Member Account through a designated website or through a third party platform such as Facebook (the “Social Network Account”). If you sign up through a Third Party Platform account, you hereby grant us access to certain information about you that is stored in your Social Network Account.
(4) We may permanently or temporarily block or suspend your access to the Member Account, in order to protect us, our Site and Services or other users if for example you violate any of our Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. This may occur without notice if the circumstances require immediate action, in which case we will notify you as soon as possible. In addition, we reserve the right to terminate your Member Account with two months notice by email if, for example, we discontinue our Member Account program. You may discontinue use and request deletion of your member account at any time by contacting us.
Permitted use
(1) Our services are made available to you for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage, or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device or manual process to monitor/copy our or any other site or (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively: “our Intellectual Property Rights") and nothing in these Terms grants you any rights in relation to our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set out in relation to such content on the Site.
Disclaimer for the use of the Site and Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided “as is” and without warranties of any kind, expressed or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for products you purchase from us as set out in the “Warranty for Products” section above remains unaffected.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the “Acceptable Use” section, unless such circumstances are not due to your fault.
Limitation of liability
(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a significant contractual obligation, and only in the case of fee-based services or the sale of products. A “material contractual obligation” means an obligation the fulfillment of which is a fundamental requirement for the proper implementation of the agreement and on which you can normally and reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Modification of the Terms and Services; Discontinuation
We reserve the right to change these Terms from time to time, at our sole discretion, to reflect changes in the law or additional features we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the checkout process when you purchase Products. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes well in advance. The changes will be deemed to have been accepted by you if you do not object to these changes within two months of this notification. We will point this out to you in our notification. If you object to the changes, we have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force.
We may change the Services, stop providing the Services or one or more functions of the Services offered or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily - without giving reasons and without further obligations. We will notify you well in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have included links to other sites does not imply that we endorse their ownership or content.
Applicable law
These terms and conditions are subject to Swiss law.
Miscellaneous
(1) No waiver by either party of any breach or default under these Conditions shall constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience of reference only and shall have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not terminate your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall remain in effect, including, without limitation, provisions regarding indemnification, hold harmless, disclaimers, limitations of liability and this Miscellaneous section.
Contact Us
To contact us, please send an e-mail to kundendienst@milviva.ch
PAYMENT METHODS
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Credit and debit cards
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TWINT