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Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Fundamental Provisions
(1) The following terms and conditions apply to contracts that you enter into with us as the provider (Patrick Wernitz) via the website www.marielove.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is rejected.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that can predominantly not be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By listing the respective product on our website, we are already making you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order summary.
If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon-Payments, Sofortüberweisung) as your payment method, you will either be directed to the order summary page in our online shop or to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order summary on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change (also via the browser's "back" function) the information in the order summary or to cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you irrevocably declare your acceptance of the offer, thereby concluding the contract.
(4) Your inquiries for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email), which you can accept within 5 days (unless another deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out partly automated via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by spam filters.
§ 3 Special Agreements Regarding Offered Payment Methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:
- Invoice: The payment term is 14 days from the shipment of the goods / the ticket / or, in the case of other services, the provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of the month after Klarna sends you a monthly invoice. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credits for the countries where this payment method is available can be found here (only available in the specified countries): Germany.
- Instant Transfer: Available in Germany and Austria. Your account will be charged immediately after placing the order.
You can find more information and Klarna's terms of use here. General information about Klarna is available here. Your personal data is processed by Klarna in accordance with the applicable data protection regulations and according to the provisions in Klarna's Privacy Policy.
For more information about Klarna, click here. You can find the Klarna app here.
§ 4 Right of Retention, Reservation of Title
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it by us before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply expressly.
§ 7 Youth Protection
(1) When selling goods subject to the regulations of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally required minimum age.
Existing age restrictions are indicated in the respective product description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your information regarding your name and address is correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery, who have reached the legally required minimum age, receive the goods.
(3) If we are legally obliged to carry out an age verification, we instruct the logistics service provider entrusted with the delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to have the person receiving the goods present their ID for age verification.
(4) If we specify in the respective product description beyond the legally required minimum age that you must have completed 18 years of age to purchase the goods, the above paragraphs 1-3 apply with the stipulation that maturity must be present instead of the legally required minimum age.
II. Customer Information
1. Identity of the Seller
Patrick Wernitz
Upstallstraße 8
14772 Brandenburg
Germany
Phone: 03381 - 55 22 902
E-Mail: hallo@marielove.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction possibilities are carried out according to the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receiving the order, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions are sent to you again via email.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the Buyer Seal Quality Criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Modalities
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a corresponding button on our website or in the respective offer, are separately displayed during the ordering process, and are to be borne by you additionally, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs that we cannot be held responsible for may arise, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which you are to bear.
6.4. Costs arising from money transfers (bank transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.
6.5. The available payment methods are listed under a corresponding button on our website or in the respective offer.
6.6. Unless otherwise stated for individual payment methods, payment claims from the concluded contract are due for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only transfers to you upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated for the execution of the shipping.
8. Statutory Warranty Rights
The warranty liability is governed by the "Warranty" regulation in our General Terms and Conditions (Part I.).
These General Terms and Conditions and customer information were created by the IT-law specialized lawyers of Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 01.01.2022
