A. General Terms and Conditions
1 Scope of application
1.1 These Terms and Conditions of MARELIN COSMETICS GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the seller with regard to the goods and / or services represented by the seller in his online shop. This is without prejudice to the inclusion of the customer's own conditions, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose which can not be attributed to either his commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a legal person who is a legal person in the exercise of his independent professional or commercial activity.
2 Conclusion of contract
2.1 The product presentations contained in the seller's online shop are not binding offers from the seller, but serve as a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After entering your personal data and clicking on the button closing the order process, the customer issues a legally binding contract offer with respect to the goods contained in the shopping basket.
2.3 The seller may accept the offer of the customer within two days,
(Fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
By delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
By requesting the customer for payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be considered a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the order processing are sent.
3 Return costs when exercising the revocation right
The costs of the return are to be borne by the buyer.
4 Prices and terms of payment
4.1 The seller's prices are final prices and include statutory value-added tax. If applicable additional shipping and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in a particular case which are not the responsibility of the seller and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees) or import taxes (eg duties).
4.3 Various payment options are available to the customer, which are stated in the seller's online shop.
4.4 If prepayment has been agreed, the payment is due immediately after conclusion of the contract.
5 Delivery and shipping conditions
5.1 The delivery of goods is carried out regularly on the dispatch route and to the delivery address indicated by the customer. When processing the transaction, the delivery address given in the seller's purchase processing process is decisive. By way of derogation from this, PayPal shall be deemed to be the delivery address provided by the customer at the time of payment at PayPal.
5.2 If the transport company returns the delivered goods to the seller, since delivery to the customer was not possible, the customer bears the costs for unsuccessful dispatch. This shall not apply if the customer exercises his right of withdrawal by refusing acceptance if he is not responsible for the circumstance which led to the impossibility of service or if he was temporarily prevented from accepting the offered service, Seller told him the performance had a reasonable time before.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold will pass to the customer or a person entitled to receive the goods. If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of the sale of the goods shall be transferred to the appropriate transporter at the place of business of the seller upon delivery of the goods.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or non-correct self-deliveries. This applies only in the event that the non-delivery is not the responsibility of the vendor and that the latter has concluded a concrete cover transaction with the supplier with due diligence. Seller shall make every reasonable effort to procure the goods. In the case of non-availability or partial availability of the goods, the customer will be informed immediately and the consideration paid immediately.
5.5 Self-collection is not possible for logistical reasons.
6 Property reservation
6.1 Compared to consumers, the seller reserves the right to ownership of the delivered goods until full payment of the purchase price owed.
6.2 In the case of entrepreneurs, the seller reserves the right to ownership of the delivered goods until the full settlement of all claims arising from a current business relationship.
7 Payment options
7.1 For deliveries within Germany, we offer the following payment options, unless otherwise specified in the respective product presentation in the offer:
Advance payment by:
7.2 For deliveries abroad, we offer the following payment options, unless otherwise specified in the respective product presentation in the offer:
Advance payment by:
8.1 Depending on the size of your order, you will be shipped by DHL, Deutsche Post, GLS, FedEX, DPD, UPS.
8.2 We currently ship to the following countries: Germany and Austria.
8.3 The respective shipping costs can be seen in the shipping costs section
9 Shipping Costs
9.1 For shipping within Germany, we charge per order (see information on our website).
9.2 Please note that for cross-border deliveries, additional taxes (such as in the case of an intra-Community acquisition) and / or charges, such as customs duties, may be incurred by you.
9.3 Overview shipping costs
Shipping costs Inland (Germany):
For shipping abroad we charge the following shipping costs per order:
The buyer shall bear the applicable customs charges for shipping outside EU countries. We ship our goods within 2 to 4 days after receipt of order, as long as no additional indication of the delivery time is given in the article description. Our shipping costs include packaging, service and postage.
10 Delivery times
10.1 The delivery time is usually 2 to 4 working days within Germany. There is no service on Saturdays, Sundays and bank holidays. If an article is not available in stock or not immediately, and the delivery time is extended accordingly, please refer to the respective product page.
10.2 For international shipping the delivery time is approx. 4-9 working days. There is no service on Saturdays, Sundays and bank holidays. If an article is not available in stock or not immediately, and the delivery time is extended accordingly, please refer to the respective product page.
11 Liability for defects
If there is a defect in the purchase, the statutory provisions apply. The following shall apply mutatis mutandis to items other than those which have not been used according to their usual use and which have caused their defect:
11.1 For entrepreneurs
An insignificant defect shall in principle not constitute deficiency claims,
The seller has the choice of the type of supplementary performance,
In the case of new goods, the limitation period for defects shall be one year from the transfer of risk,
In the case of used goods the rights and claims due to defects are excluded in principle,
The limitation period shall not begin again if a replacement delivery takes place within the scope of the defect liability.
11.2 For consumers, the period of limitation for deficiency claims
For new goods two years from delivery of the goods to the customer.
For used goods one year from delivery of the goods to the customer, with the restriction of the item 11.3.
11.3 For entrepreneurs and consumers, the above limitations on liability and limitation periods in clause 11.1 and clause 11.2 do not relate to claims for damages or reimbursement of expenses which the purchaser can assert pursuant to the statutory provisions for deficiencies in accordance with section 8.
11.4 In addition, it applies to entrepreneurs that the statutory periods of limitation for the recourse claim pursuant to § 478 BGB remain unaffected. The same applies to entrepreneurs and consumers in case of intentional breach of duty and malicious concealment of a defect.
11.5 If the customer acts as a merchant i.S.d. Section 1 of the German Commercial Code (Handelsgesetzbuch - HGB), the commercial obligation to investigate and to notify him is subject to § 377 HGB. If the customer fails to comply with the advertising requirements, the goods shall be deemed approved.
11.6 If the customer acts as a consumer, he is requested to claim delivery of the delivered goods with obvious transport damage to the delivery person and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
11.7 If the supplementary performance has been carried out by way of a replacement delivery, the customer is obliged to return the goods delivered first to the seller within 30 days at his expense. The defective goods must be returned in accordance with the legal regulations.
The seller is liable to the customer from all contractual, contractual and statutory, also delictic claims for damages and expenses as follows:
12.1 The Seller shall be fully liable for any and all legal grounds
In case of intent or gross negligence,
In the case of negligent or intentional injury to life, body or health,
On the basis of a guarantee promise, insofar as nothing else is stipulated in this regard,
Due to mandatory liability such as the Product Liability Act.
12.2 If the seller violates negligently a substantial contractual obligation, the liability is limited to the contract-typical, foreseeable damage, if not in accordance with point 8.1 unlimited liability is. Significant contractual obligations are obligations which the contract imposes on the seller according to its content for the achievement of the purpose of the contract, the fulfillment of which allows the proper execution of the contract at first and on which the customer may regularly rely.
12.3 In all other respects, the Seller's liability is excluded.
12.4 The above liability provisions shall also apply with regard to the Seller's liability for his vicarious agents and legal representatives.
13 Applicable law
13.1 All legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the German regulations do not differ from the law of the country in which the consumer has his habitual residence.
13.2 If the customer acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the seller is exclusive jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.
13.3 The contract language is German.
B. Customer information
1 Information about the identity of the seller
MARELIN COSMETICS GmbH
Phone: +49 (0) 721 470 468 99
VAT identification number in accordance with § 27a of the German Turnover Tax Law: DE 295 708 450
2 Information on the essential characteristics of the goods or service
The essential characteristics of the goods or service are derived from the respective product description set by the seller.
3 Information on the condition of the contract
The contract shall be concluded in accordance with section 2 of the seller's general terms and conditions (see above).
4 Information on payment and delivery
The payment shall be made in accordance with section 4, the delivery in accordance with point 5 of the general terms and conditions of the seller (see above).
5 Information on the technical steps leading to the conclusion of the contract
5.1 For the submission of his offer via the seller's online order form, the customer must complete the following technical steps:
5.1.1 Insert the desired item into the virtual shopping cart
5.1.2 Entering invoice and delivery address
5.1.3 Select the desired payment method
5.1.4 Summary of ordering data
5.1.5 Sending the order
5.2 Acceptance by the Seller shall be made in accordance with section 2.3 of the Seller's General Terms and Conditions (see above).
6 Information on storing the text of the contract
The contract text is stored by the seller and sent to the customer in writing (eg as a letter, fax, e-mail) after sending his order together with the present GTC and customer information. However, the customer can not retrieve the contract text after sending his order via the website of the seller.
7 Information about the technical means to detect and correct input errors
Prior to binding the order, the customer can correct his / her input continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the purchase order and can also be corrected there using the usual keyboard and mouse functions.
8 Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.