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I. General Terms and Conditions of Sale of Marley Deutschland GmbH

II General Terms and Conditions of Sale Online Shop of Marley Deutschland GmbH

I. General Terms and Conditions of Sale of Marley Deutschland GmbH

§ 1 General

The following General Terms and Conditions of Sale (GTCS) apply to all contractual relationships between Marley Deutschland GmbH (Marley) and the contractual partner (Partner). Deviating agreements in offers, framework or individual agreements shall take precedence over these GCS.

Our GTC shall apply exclusively. We do not recognize any conflicting or deviating terms and conditions of the Partner unless their validity has been formally agreed to. This shall apply even if deliveries are made without reservation despite knowledge of conflicting or deviating terms and conditions of the partner.

§ 2 Formal requirements and offer

  1. All types of declarations regarding the conclusion, amendment, execution and termination of the contract shall only be effective if they are agreed in writing or text form. Verbal agreements shall only become effective if they are confirmed in writing or text form within one week. The waiver of all formal requirements must be in writing.
  2. Offers made by Marley are non-binding and subject to change unless otherwise agreed. Binding purchase offers of the partner can be accepted within a period of 2 weeks.

§ 3 Prices and terms of payment

  1. The prices include delivery "ex works", excluding packaging, which may be charged separately.
  2. All prices are binding net prices plus the statutory VAT applicable at the time of invoicing.
  3. Unless otherwise agreed, Marley is entitled to charge a minimum quantity surcharge of 40.00 EURO for deliveries with an order value of up to 400.00 EURO.
  4. Marley is entitled to send invoices electronically. Unless otherwise agreed, invoices will be sent by e-mail in PDF format.
  5. Payment claims must be fulfilled within 10 days of the invoice date and receipt of an invoice or equivalent payment schedule. After expiry of this period, the Partner shall automatically be in default of payment. If receipt of the invoice is uncertain, the period shall commence upon delivery. Requests by the Partner that aggravate or delay the due date or the delay in payment at the expense of Marley in deviation from the statutory provisions are not permitted.
  6. The statutory default interest of 8 percentage points above the base interest rate shall apply. For each reminder Marley may charge a flat-rate reminder fee of 10.00 EURO. The assertion of a higher damage caused by delay is not excluded.
  7. All invoices are to be paid in full and without deduction.
  8. The Partner shall only be entitled to set-off and retention claims if its counterclaims have been legally established, are undisputed or have been recognized by Marley. Rights of retention can only be exercised if the counterclaim originates from the same contractual relationship.

§ 4 Terms of delivery

  1. Delivery shall be made in full packaging units.
  2. All information on delivery possibilities, periods and dates are approximate and non-binding. A fixed date shall only be deemed to exist if it has been agreed in due form and expressly with a date and the addition "fixed" or "exact".
  3. Compliance with the stated delivery periods and dates is subject to the timely and proper fulfillment of the partner's obligations to cooperate, in particular the clarification of all technical, official, geographical and financial issues.
  4. Marley shall deliver using the most favorable shipping method. In case of a net order value of up to 400 EURO the shipment will be carriage forward. The shipping costs will be charged to the partner. If the net order value is higher, Marley will deliver carriage paid within Germany. Marley does not assume any unloading costs.
  5. In the event of a delay in delivery by Marley, the partner remains obliged to set a reasonable deadline for performance or supplementary performance.
  6. If the delay in delivery would cause an atypically high damage, the partner is obliged to inform Marley immediately before or at the conclusion of the contract. The Partner shall take the necessary measures to minimize any damage that may occur.
  7. A lump-sum compensation for delay or contractual penalty regulated within the framework of the GTC shall not be recognized.

§ 5 Place of performance, transfer of risk, documents and packaging

  1. The place of performance shall be the registered office of Marley in Wunstorf. The risk for the delivery shall pass to the partner as soon as Marley sends the goods to a place other than the place of performance at the partner's request and hands them over to a forwarding agent, carrier or other third party for shipment. The assumption of the freight costs has no effect on the transfer of risk.
  2. Marley shall procure the necessary accompanying documents and shipping documents at its own expense and submit them to the Partner in good time, at the latest upon arrival of the goods.
  3. Transport packaging and all other packaging in accordance with the German Packaging Ordinance will not be taken back, with the exception of EURO pallets. The Partner undertakes to arrange for disposal at its own expense.

§ 6 Notification of defects, warranty, liability and statute of limitations

  1. If no quality assurance agreement exists, the Partner must inspect the goods immediately for any deviations in quality and quantity. In the case of obvious defects that can be recognized by simple inspection, the complaint must be declared upon acceptance and documented on the shipping documents with the exact description of the defect. For all other defects, the complaint must be declared 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.
  2. Claims for material defects can no longer be asserted after the expiry of the notice period. This applies in particular to damaged sales packaging. If items in damaged or missing sales packaging are returned to Marley after the expiry of the complaint periods, this shall be done exclusively for disposal at the expense of the Partner. The Partner is not entitled to demand credit notes for this or to set off against non-recognized repayment claims.
  3. 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 goods, he does so at his own risk. Any additional costs shall be borne by the Partner.
  4. Marley shall bear the expenses necessary for the purpose of subsequent performance, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If a new defect-free item is delivered as part of the supplementary performance, the partner is obliged to return the defective item at Marley's request.
  5. Guarantees granted shall be governed exclusively by the associated guarantee conditions.
  6. Marley shall be liable for intentional breaches of contract. In the event of gross negligence or culpable breach of a material contractual obligation, liability for damages shall be limited to the foreseeable, typically occurring damage. Liability is otherwise excluded, with the exception of liability for culpable injury to life, limb or health and liability under the Product Liability Act.
  7. The limitation period for claims for defects is 12 months from the transfer of risk.

§ 7 Extended and prolonged retention of title, sales aids

  1. Marley retains title to all goods delivered until the Partner has settled all claims arising from the business relationship (current account reservation).
  2. The taking back of delivered goods by Marley does not constitute a withdrawal from the contract, unless Marley has expressly declared this in writing. In the event of seizure or other interventions by third parties, Marley must be notified immediately in writing by the Partner so that Marley can file third-party proceedings. If the third party is not in a position to reimburse Marley for the judicial and extrajudicial costs of the action, the Partner shall be liable for the resulting loss.
  3. The Partner is entitled to resell the purchased goods in the ordinary course of business. However, the Partner hereby assigns to Marley all claims in the amount of the final invoice amount (including VAT) which accrue to it from the resale against its customers or third parties, irrespective of whether the delivered goods have been resold without or after processing. The Partner is authorized to collect this claim even after its assignment. Marley's right to collect the claim itself shall remain unaffected by this, however Marley undertakes not to collect the claim as long as the Partner duly fulfills its payment obligations and is not in default of payment. In this case, Marley may demand that the Partner discloses the assigned claims and their debtors, provides all information necessary for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
  4. The processing or transformation of the delivered goods by the Partner shall always be carried out for Marley. If the delivered goods are processed with other items not belonging to Marley, Marley shall acquire co-ownership of the new item in the ratio of the value of the delivered item to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods.
  5. If the delivered goods are inseparably mixed with other items not belonging to Marley, Marley shall acquire co-ownership of the new item in the ratio of the value of the delivered goods to the other mixed items at the time of mixing. If the mixing was carried out in such a way that the Partner's item is to be regarded as the main item, it is agreed that the Partner shall transfer co-ownership to Marley on a pro rata basis. The Partner shall keep the sole or co-ownership for Marley.
  6. If the Partner incurs claims against a third party as a result of the combination of the object of sale with a property, the Partner shall assign these to Marley as security for the claim.
  7. If the value of the realistic securities exceeds the claim of Marley by more than 20%, Marley undertakes to release securities to this extent at the request of the customer, whereby Marley reserves the right to choose in this respect.
  8. All sales aids or presentation materials made available to the Partner shall remain the property of Marley. They are to be returned to Marley after the end of the sales phase or presentation in consultation. The Partner shall ensure that the aids provided are handled with care.

§ 8 Force majeure

In the event of unforeseen circumstances, in particular strikes, lockouts, war, shortage of materials, interruption of supplies, natural disasters, pandemics, epidemics, governmental decrees or other unforeseen events of any kind beyond the control of the supplier which affect the normal operation of plant and machinery or the normal functioning of transportation facilities, including disruptions as a result of governmental measures affecting the performance of the contract, both parties shall be released from the performance of their part of the contractual obligations for the duration of the disruption and, if applicable, during the elimination of the consequences of the disruption and for a limited period thereafter, during which the performance of the contract proves to be uneconomical. The same shall apply if the Supplier's subcontractors are unable to fulfill their delivery obligations as a result of the aforementioned circumstances and the Supplier has no alternative source of supply or the conditions of the alternative source of supply are unacceptable. If the delay in delivery as a result of the above events lasts longer than 6 weeks, both parties shall have the right to cancel the relevant part of the contract. Notwithstanding anything to the contrary in this Agreement, the Parties shall not be mutually liable for any failure to perform if such failure is directly caused by a Force Majeure Event. The parties shall not be mutually liable for consequential or indirect damages of any kind or loss of profit caused by unavoidable events.

§ 9 Choice of law and place of jurisdiction

  1. All contractual relationships between Marley and its partner shall be governed exclusively by German law. The application of the CISG or the law of any other country is expressly excluded.
  2. The place of jurisdiction shall be Hanover.

II General Terms and Conditions of Sale Online Shop of Marley Deutschland GmbH

§ 1 General

All contracts concluded between us and you as our customer via our online store at https://marley.de/pages/shop-sale are governed exclusively by these General Terms and Conditions of Sale (hereinafter: GTC). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. For the purposes of these GTC, a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity (§ 13 of the German Civil Code - BGB). For the purposes of these GTC, an "entrepreneur" is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 para. 1 BGB).
Our GTC apply exclusively. We do not recognize any conflicting or deviating terms and conditions of the partner unless their validity has been formally agreed to. This shall apply even if deliveries are made without reservation despite knowledge of conflicting or deviating terms and conditions of the partner.

§ 2 Contractual partners and conclusion of contract

The purchase contract is concluded with Marley Deutschland GmbH.
The presentation and advertising of articles in our online store does 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 place a legally binding order. You can change and view the data at any time before submitting the order. However, the order can only be submitted and transmitted if you accept our GTC by ticking the checkbox before submitting the order and have thereby included them in your order.
We will immediately confirm receipt of your order submitted via our online store by e-mail, in which your order is listed again. The contract is concluded when we confirm your order by e-mail.

The contract is concluded in German.
All types of declarations regarding the conclusion, amendment, execution and termination of the contract are only effective if they are agreed in writing or text form.
German Civil Code (BGB) § 126 Written form

  1. If written form is prescribed by law, the document must be signed by the drafter in person by means of a signature or a notarized signature.
  2. In the case of a contract, the signatures of the parties must be on the same document. If several documents with the same wording are included in the contract, it is sufficient for each party to sign the document intended for the other party.
  3. The written form may be replaced by the electronic form, unless the law provides otherwise.
  4. The written form is replaced by notarization.

German 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 medium. A durable medium is any medium that

  • enables the recipient to store or save a declaration addressed to him personally on the data carrier in such a way that it is accessible to him for a period of time appropriate to its purpose, and
  • is suitable for reproducing the declaration unchanged.

§ 3 Right of withdrawal

You have the right to withdraw from 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 possession of the goods
  • or on which you or a third party named by you, who is not the carrier, have taken possession of the last goods,
  • or on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last item.

To exercise the right to cancel, you must inform us

Marley Deutschland GmbH
Online Shop
Adolf-Oesterheld-Str. 28
31515 Wunstorf / Germany
Fax: 05031/53-371
E-mail: info@marley.de

of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the model withdrawal form, but this is not mandatory.

You can fill in the model withdrawal form from our online store [marley.de/rechtliches/widerrufsrecht/] electronically or download it and fill it in manually or send another clear declaration. If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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; under no circumstances will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to

Marley Deutschland GmbH
Adolf-Oesterheld-Straße 28
31515 Wunstorf / Germany

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

§ 4 Prices, shipping costs, deliveries

All prices quoted in our online store are gross prices including statutory VAT and do not include any shipping costs incurred.
The shipping costs are stated in our prices in our online store. The price including VAT and shipping costs will also be displayed in the order form before you send the order.
We deliver by mail order. It is not possible to collect the goods yourself.

§ 5 Terms of payment, offsetting and right of retention

Payments can only be made by credit card (VISA, Mastercard), PayPal or Klarna. Different payment terms may apply for commercial customers, but these must be agreed separately in advance.

You can change the payment method saved 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 of payment shall be deemed to exist if you fail to pay in response to a reminder sent by us 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. Commercial customers shall also be in default if the customer fails to make payment within 30 days of the due date and receipt of an invoice. Further statutory rights remain unaffected.
You are only entitled to rights of set-off or retention insofar as your claim has been legally established or is undisputed. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
We reserve title to the delivered goods in any case until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price including any ancillary costs). If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve 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 make partial deliveries insofar as this is reasonable for you.
Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price.
If the product designated by you in the order is temporarily unavailable, we will inform you of this immediately after becoming aware of it. 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 in accordance with § 3 is not affected by this. 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 damage and notification of defects

If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer 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, you will help us to assert our own claims against the carrier or the transport insurance company.

§ 8 Complaints/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 ff. BGB). The following clauses 2-8 apply exclusively to contracts with commercial customers.
Unless a quality assurance agreement exists, the Partner must inspect the goods immediately for any deviations in quality and quantity. In the case of obvious defects that can be recognized by simple inspection, the complaint must be declared upon acceptance and documented on the shipping documents with the exact description of the defect. For all other defects, the complaint must be declared 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.
After expiry of the complaint periods, claims for material defects can no longer be asserted. This applies in particular to damaged sales packaging. If items in damaged or missing sales packaging are returned to LEAF after the expiry of the complaint periods, this shall 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 non-recognized 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 goods, he does so 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 purchased item has been taken to a place other than the place of performance. If a new defect-free item is delivered as part of the supplementary performance, the Partner is obliged to return the defective item at Marley's request.
The associated guarantee conditions apply exclusively to guarantees issued. 7 Marley shall be liable for willful breach of contract. In the event of gross negligence or culpable breach of a material contractual obligation, liability for damages shall be limited to the foreseeable, typically occurring damage. Liability is otherwise 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 images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.

§ 10 Online dispute resolution

Marley is prepared to participate in a dispute resolution procedure (in accordance with Art. 14 para. ODR-VO). 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 on its website to other sites on the Internet. 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. We therefore hereby expressly distance ourselves from all content of all linked third-party sites on www.marley.de and do not adopt this content as our own. This declaration applies to all links displayed and to all content of the pages to which links lead.

§ 12 Applicable law and place of jurisdiction

German law applies exclusively to all contractual relationships between Marley and you. The application of the CISG or the law of any other country is expressly excluded.
The agreed place of jurisdiction is Hanover. This jurisdiction agreement only applies to contracts with entrepreneurs.
Marley Deutschland GmbH, 31515 Wunstorf / Germany
Phone (0 50 31) 53-0, Fax (0 50 31) 53-371
Internet: http://www.marley.de