Terms of service
General Terms and Conditions of Sale Online Shop of Marley Deutschland GmbH
§ 1 General
These General Terms and Conditions of Sale (hereinafter: GTC) shall apply exclusively to all contracts concluded between us and you as our customer via our online store atmarley-shop.de. The GTC shall apply regardless of whether you are a consumer, entrepreneur or merchant. For the purposes of these GTC, a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (§ 13 of the Civil Code - BGB). For the purposes of these GTC, an "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity (§ 14 para. 1 BGB).
Our GTC apply exclusively. We shall not recognize any conflicting or deviating terms and conditions of the Partner unless their validity is formally agreed. This shall apply even if deliveries are made without reservation despite knowledge of conflicting or deviating terms and conditions of the partner.
§ 2 Contractual partner and conclusion of contract
The purchase contract shall be concluded with Marley Deutschland GmbH.
The presentation and advertising of articles in our online store shall not constitute a binding offer to conclude a purchase contract. It is possible to download our General Terms and Conditions.
By sending an order via the online store by clicking on the order button, you are placing a legally binding order. Before sending the order, you can change and view the data at any time. However, the application can only be submitted and transmitted if you have accepted our GTC by placing a check mark in the checkbox before submitting the order and have thereby included them in your application.
We will immediately confirm receipt of your order submitted via our online store by e-mail, in which your order is listed again. With the confirmation of your order by us by e-mail, the contract is concluded.
The contract is concluded in the German language.
All types of declarations regarding the conclusion, amendment, execution and termination of the contract are only valid if they are agreed in writing or text form.
German Civil Code (BGB) § 126 Written Form
- If written form is required by law, the document must be signed by the issuer in person by means of a name signature or by means of a notarized hand sign.
- In the case of a contract, the signature of the parties must be on the same document. If several identical deeds are recorded on the contract, it shall be sufficient if each party signs the deed intended for the other party.
- The written form may be replaced by the electronic form, unless the law provides otherwise.
- The written form shall be replaced by notarial certification.
Civil Code (BGB) § 126b Text form
If text form is prescribed by law, a legible declaration in which the person making the declaration is named must be made on a durable data carrier. A durable medium is any medium that enables the recipient to
- enables the recipient to keep or store a declaration on the data carrier addressed to him personally in such a way that it is accessible to him for a period of time adequate for its purpose, and
- is suitable for reproducing the statement unchanged.
§ 3 Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
- on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods,
- or on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods,
- or on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last partial shipment or the last item.
To exercise your right of withdrawal, you must inform us
Marley Deutschland GmbH
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form for this purpose, which is, however, not mandatory.
You can fill out the model withdrawal form from our online store [marley.de/legal/widerrufsrecht/] electronically or also download it and fill it out manually or send another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen 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 revocation of 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 any fees because of 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
Marley Deutschland GmbH
without undue delay and in any case no later than fourteen days from the day on which you notify 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.
§ 4 Prices, shipping costs, deliveries
All price quotations in our online store are gross prices including the statutory sales tax and are exclusive of any shipping costs incurred.
The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
We deliver by mail order. A self-collection of the goods is not possible.
§ 5 Terms of payment, set-off and right of retention
Payments can only be made by credit card (VISA, Mastercard), PayPal or Sofortüberweisung. For commercial customers, different payment terms may apply, but must be agreed separately in advance. The settlement in the webshop via credit card is made by:
HUELLEMANN & STRAUSS ONLINESERVICES S.à.r.l.
1, Place du Marché
R.C.S. Luxembourg B 144133
Dipl. Vw. Mirko Hüllemann
You can change the payment method stored in your user account at any time.
Invoices are due immediately. If you are in default of payment, we may charge interest on arrears in accordance with the statutory provisions. Default in payment shall be deemed to have occurred if you fail to pay in response to a reminder from us that is issued after the due date. For consumers, the default interest rate is currently 5% above the prime rate. For commercial customers, the interest rate is 9% above the prime rate. For commercial customers, default shall also occur if the customer does not make payment within 30 days after the due date and receipt of an invoice. Further statutory rights shall remain unaffected.
You shall only be entitled to rights of set-off or retention to the extent that your claim has been legally established or is undisputed. Furthermore, you shall only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
We shall retain title to the delivered goods in any case until the respective invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price including any ancillary costs). If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we shall retain title to the purchased goods until all outstanding claims arising from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
§ 6 Terms of delivery
We are entitled to partial deliveries, as far as this is reasonable for you.
Delivery times stated by us are calculated from the time of our order confirmation, prior payment of the purchase price provided.
If the product designated by you in the order is temporarily unavailable, we will inform you immediately after knowledge. In the event of a delay in delivery of more than two weeks, you have the right to withdraw from the contract. If you are a consumer, your statutory right of withdrawal according to § 3 is not affected by this. In this case, we will immediately refund any payments already made by you.
The following delivery restrictions apply: we only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland.
§ 7 Transport damages and notice of defects
If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery person and have the defects (exact description) acknowledged. Please contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 8 Notification of defects/warranty/liability/statute of limitations
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB). The following clauses 2-8 apply exclusively to contracts with commercial customers.
Unless there is a quality assurance agreement, the partner must inspect the goods immediately for any deviations in quality and quantity. In the case of obvious defects which can be detected by simple visual inspection, the complaint must be declared upon acceptance and documented on the shipping documents with the exact designation of the defect. In the case of all other defects, the complaint must be made no later than three working days after receipt of the goods. Within this period, functional checks must be carried out or expert opinions obtained, if necessary.
Claims for material defects can no longer be asserted after the deadlines for giving notice of defects have expired. This applies in particular to damaged sales packaging. If items are returned to LEAF in damaged or missing sales packaging after expiration of the complaint periods, this will be done exclusively for disposal at the partner's expense. The partner is not entitled to demand credit notes for this or to offset them against unrecognized repayment claims.
If only the transport packaging is damaged, but not the sales packaging or item, the partner is not entitled to refuse acceptance. If he nevertheless returns the item, this shall be at his own risk. Any additional costs shall be borne by the partner.
Marley shall bear the expenses necessary for the purpose of subsequent performance, insofar as these are not increased by the fact that the object of purchase was taken to a place other than the place of performance. If a new item free of defects is delivered within the scope of subsequent performance, the Partner shall be obliged to return the defective item at Marley's request.
The associated warranty conditions shall apply exclusively to any warranties issued. 7. 7. Marley shall be liable for intentional breaches of contract. In the event of gross negligence or culpable breach of an essential contractual obligation, liability for damages shall be limited to the foreseeable, typically occurring damage. Otherwise, liability is excluded, with the exception of liability for culpable injury to life, limb or health and liability under the Product Liability Act.
The limitation period for claims for defects is 12 months from the transfer of risk.
§ 9 Copyrights / Image rights
We have copyrights to all pictures, films and texts published in our online store. Any use of the pictures, films and texts is not permitted without our express consent.
§ 10 Online - Dispute Resolution
Marley is willing to participate in an arbitration procedure (in accordance with online dispute resolution pursuant to Art. 14 para ODR Regulation). For this purpose, the European Union provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr . The address of the dispute resolution body is:
National Contact Point - Germany, Bahnhofsplatz 3, 77694 Kehl.
§ 11 Disclaimer for external links
Marley Deutschland GmbH provides links to other sites on the Internet on its pages. The following applies to all these links: Marley Deutschland GmbH expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore, we hereby expressly distance ourselves from all content of all linked third-party pages on www.marley.de and do not adopt this content as our own. This declaration applies to all displayed links and to all contents of the pages to which links lead.
§ 12 Applicable law and place of jurisdiction
All contractual relationships between Marley and you shall be governed exclusively by German law. The application of the CISG or the law of any other country is expressly excluded.
Hanover is agreed as the place of jurisdiction. This agreement on the place of jurisdiction shall only apply to contracts with entrepreneurs.
Marley Deutschland GmbH, D-31515 Wunstorf
Telephone (0 50 31) 53-0, Fax (0 50 31) 53-371