1. Field of application, contracting partners, supplier limitations

Transcription

1 General Terms and Conditions (with consumer information) 1. Field of application, contracting partners, supplier limitations (1) These General Terms and Conditions (GTC) apply to all contracts entered between the operators of the Marc O'Polo online store (under and you as a customer. You are aware that all orders made by you will be subject to these terms and conditions in the version valid at the time of order. (2) The online shop operator and your contractual partner is: Marc O' Polo Einzelhandels GmbH, Hofgartenstrasse 1, D Stephanskirchen, Germany, registered in the commercial register of the local court at Traunstein, HRB 6720, represented by the Executive Board: Alexander Gedat, Dr. Felix Kreyer, Thomas Ott, Sales Tax Identification No.: DE If you have any questions, wishes or complaints, please contact us under fax: + 49 (0) , telephone: (free number) or by at the following addresses: Federal Republic of Germany French Republic Kingdom of Belgium The Netherlands Republic of Austria Swiss Confederation All other countries service@marc-o-polo.com serviceclient@marc-o-polo.com customercare@marc-o-polo.com klantenservice@marc-o-polo.com kundenservice@marc-o-polo.com support@marc-o-polo.com customerservice@marc-o-polo.com (3) We only sell to consumers on our online shop. The law defines a consumer as a natural person who concludes a legal transaction for a purpose not primarily related to his or her commercial or independent professional activity. Please contact us if you would like to purchase our goods for commercial purposes, in particular for resale. (4) The GTC regulate the contractual relationship and provide important consumer information in a legally relevant version at the same time. You can save and/or print out our terms and conditions, which are provided through links when ordering in our online shop. We will send the terms and conditions applicable to your order with the confirmation of shipment and contract, on the latest at delivery. You will receive them on a durable medium (e.g. by , PDF attachment or paper printout). (5) We have set the following delivery restrictions: We deliver only to customers who have their usual residence (invoice address) in one of the following countries and can specify a delivery address in that country. In addition, the following minimum order values apply: Page1 /10

2 Kingdom of Sweden SEK 299 Poland PLN 130 Swiss Confederation CHF Czech Republic CZK 800 United Kingdom of Great Britain and Northern Ireland GBP 25 Federal Republic of Germany, Republic of Austria, French Republic, Grand Duchy of Luxembourg, Italian Republic, Ireland, Kingdom of Belgium, Spain, Netherlands, Republic of Estonia, Republic of Finland, Republic of Latvia, Republic of Lithuania, Republic of Slovenia, Slovak Republic EUR 29,90 Delivery to mailboxes is excluded. Orders are allowed in household quantities only. 2. Conclusion of contract (1) The presentation of the products in the Marc O'Polo online store represents a nonbinding offer to order goods at Marc O'Polo. It does not constitute a binding offer of sale. As a customer, you make an offer to conclude a purchase contract by clicking on the order button after filling out the order page completely. The order button is labelled as follows: German French Dutch English ZAHLUNGSPFLICHTIG BESTELLEN FINALISER VOTRE COMMANDE UW BESTELLING AFSLUITEN BUY Before sending the offer, you may view and change your order at any time via the shopping cart icon. Before placing your order, you can view and change your information concerning the delivery and payment terms. You are bound to your order for 7, i.e. the contract will become effective only if we accept your order within this period. (2) After submitting the order, you will receive an automatically generated order confirmation per . This does not constitute acceptance of the offer, but only documents that your order was received by Marc O'Polo. We declare the contract effective once we accept the placed order within the deadline referred to in paragraph 1. We will send a separate once the goods leave our warehouse (shipping and confirmation of contract). Page2 /10

3 (3) If your order includes multiple items, the contract will include only the articles that are explicitly listed in our shipping and contract confirmation. (4) The above also applies if you have already paid (or authorized payment) prior to conclusion of the contract, due to the payment method you selected. Should the contract not be concluded for any reason, we will you to inform you and immediately reimburse any contributions already received. If the contract is partially accepted, this will be sent along with the shipping and contract confirmation for available articles. (5) Your right of revocation (see section 6) remains unaffected by the foregoing provisions. (6) The contract is concluded in the following languages (depending on the country of your billing address): Federal Republic of Germany, the Republic of Austria French Republic Kingdom of Belgium The Netherlands Swiss Confederation All other countries German French Dutch/French Dutch German/French English For the aforementioned countries with multiple language options, you can select a language in which to have the site displayed. In this case, the contract is concluded in the language you selected when placing your order. We will store the contract text (consisting of the order, GTC and order confirmation) while also maintaining data protection, and send it to you per Prices, delivery options and costs (1) The prices listed on our online shop include statutory VAT and all other price components. Prices do not include the following additional costs. (2) We deliver exclusively to addresses located within the delivery areas named in clause 1 paragraph 5, in accordance with the more specific details given in our online shop. The following delivery options and flat delivery charges apply per order (the table below contains the respective national currency). Page3 /10

4 Country of delivery Shipping method Shipping costs Delivery period Federal Republic of Germany DHL EUR working Hermes EUR working DHL Express EUR working * French Republic GLS DE EUR working Kingdom of Belgium Hermes EUR working Kingdom of Sweden UPS Saver SEK working The Netherlands Post NL EUR working Republic of Austria Post AT EUR working Swiss Confederation GLS/Swiss Post CHF working Czech Republic DHL world package CZK working United Kingdom of Great Britain and Northern Ireland DHL package world GBP working All other countries DHL world package EUR working * for orders placed Monday - Thursday until 12:00; no delivery on Sun, as well as regional and national holi. The incurred payable shipping costs will be displayed in the order form before you send your order. We reserve the right to waive the collection of the delivery flat rate in our online shop, completely or temporarily. Page4 /10

5 4. Methods of payment and reservation of proprietary rights (1) The following payment methods are available for settling payment in the individual countries please refer to our online shop for further details: Federal Republic of Germany French Republic Kingdom of Belgium The Netherlands Republic of Austria Swiss Confederation United Kingdom of Great Britain and Northern Ireland Poland Czech Republic All other countries Invoice, PayPal, credit card (Visa, Master- Card, Amex), cash on delivery PayPal, credit card (Visa, MasterCard, Amex), Carte Bleue PayPal, credit card (Visa, MasterCard, Amex) Invoice, PayPal, credit card (Visa, Master- Card, Amex), ideal Invoice, PayPal, credit card (Visa, Master- Card, Amex) Invoice, credit card (Visa, MasterCard, Amex) Credit card (Visa, MasterCard) Credit card (Visa, MasterCard) Credit card (Visa, MasterCard) Credit card (Visa, MasterCard, Amex) The possibility of paying by invoice is subject to a credit check. If necessary, payment can be made with a voucher and in accordance with the voucher conditions. (2) Payments made by the cash on delivery method are due with receipt of the goods and are payable directly to the carrier, in cash and together with the cash on delivery fee. If paying by invoice, the purchasing price is due for payment upon receipt of the invoice. You are obliged to pay the invoice amount within 14 after receipt of the invoice. (3) In the event of default of payment, we may request a dunning charge (delay fee) from the second reminder on. The amount of the reminder in individual countries is indicated in the table below: Page5 /10

6 Kingdom of Sweden SEK 50 Poland PLN 20 Swiss Confederation CHF 5 Czech Republic CZK 135 United Kingdom of Great Britain and Northern Ireland GBP 5 All other countries EUR 5,00 You remain free to prove that we suffered substantially less damage or no damage. Our statutory rights (e.g. interest on late payment, revocation, further damages) remain unaffected. (4) Marc O'Polo retains the legal title to any goods supplied by us until their purchase price (final and unconditional credit including additional costs) has been fully paid. 5. Shipment and Passing of Risk (1) The delivery of goods to the agreed address (for delivery options and shipping costs see clause 3 paragraph 2) is carried out in accordance with the statutory provisions, i.e. we shall bear the risk of loss or damage to the goods in transit to you. (2) Regular delivery times in terms of the respective countries are in accordance with the table in clause 3 paragraph 2 - unless stated differently in the online shop. Delivery times specified by us are subject to conclusion of the contract and full payment of the purchase price (except for the invoice and cash on delivery, as far as available). (3) If we are unable to comply with a binding delivery deadline for reasons beyond our control (e.g. failure to receive our own supplies due to upstream suppliers or force majeure), we will notify you immediately, and, if necessary, we will indicate a new estimated delivery time. If the new delivery time is not acceptable to you or if the goods are not available within the new delivery period or at all, both parties shall be entitled to withdraw from the contract in respect of the product concerned; whereby we will immediately refund any consideration already paid. The legal rights of both contracting parties remain unaffected. (4) Should there be no authorized person at the address you specified to take the delivery during normal delivery times, the assigned carrier may leave or send you written instructions, particularly regarding re-delivery, possibilities for contacting each other to arrange an alternative delivery date, and/or a place for deposit and collection. Differing agreements between you and the carrier shall remain unaffected, but will not constitute any liability at our expense. If the delivery of the goods fails despite repeated attempts by us, due to reasons beyond our control, we can withdraw from Page6 /10

7 the contract. Any payments you have already made will be refunded immediately. This does not affect the statutory rights of the contracting parties. 6. Right of revocation for consumers (1) If a distance contract is concluded, consumers have a general statutory revocation right on which we provide the following information in compliance with the statutory model form. A model revocation form is included in para. 2. Clarifications regarding the legal models and supplementary arrangements with which we comply to your benefit (in addition to the statutory provisions) are conveyed in paragraph 3. RIGHT OF REVOCATION Right of revocation You have the right to revoke this contract without giving any reasons within fourteen. The revocation period is fourteen and begins on the day you or any other third party you name (other than the carrier) take possession of the goods. To exercise your right of revocation, you shall inform us (Marc O'Polo Einzelhandels GmbH, c/o arvato distribution GmbH, Schleefstrasse 507, Dortmund, Germany, Tel: , fax: + 49 (0) or by at: Federal Republic of Germany: French Republic: Kingdom of Belgium: Netherlands: Republic of Austria: Swiss Confederation: All other countries: service@marc-o-polo.com serviceclient@marc-o-polo.com customercare@marc-o-polo.com klantenservice@marc-o-polo.com kundenservice@marc-o-polo.com support@marc-o-polo.com customerservice@marc-o-polo.com by sending an explicit declaration (such as a letter send by post, Fax, or ) stating your decision to revoke this contract. Please feel free to use the attached revocation form; however, this is not mandatory. The revocation deadline is considered met if the revocation declaration is sent before that deadline expires. Effects of Revocation If you revoke this contract, we shall refund all the payments which we received from you, including the delivery costs (except additional costs incurred because you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen from the day on which we received the notification about your revocation of the contract. We will make this refund using the same means of payment you used for the initial transaction, unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back (whichever comes first). You shall send back the goods or hand them over to us without undue delay, and in any Page7 /10

8 event not later than fourteen from the day on which you communicate your revocation of this contract to us (Marc O'Polo Online Shop, c/o arvato distribution GmbH, Schleefstrasse 507, Dortmund). The deadline is met if you send back the goods before the period of fourteen has expired. You shall bear the costs of the return shipment of the goods. You shall be liable for any diminished value of the goods only if the goods lost value because of the way you handled them (other than what was necessary to establish their nature, characteristics and functioning). (2) In accordance with statutory regulations, we hereby inform you about the model revocation form as follows: Model revocation form (To withdraw from this contract, please complete this form and return it to us.) To: Marc O'Polo Einzelhandels GmbH, c/o arvato distribution GmbH, Schleefstrasse 507, Dortmund; Fax: + 49 (0) or by below: Federal Republic of Germany: French Republic: Kingdom of Belgium: Netherlands: Republic of Austria: Swiss Confederation: All other countries: service@marc-o-polo.com serviceclient@marc-o-polo.com customercare@marc-o-polo.com klantenservice@marc-o-polo.com kundenservice@marc-o-polo.com support@marc-o-polo.com customerservice@marc-o-polo.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for purchasing the following goods (*) for the provision of the following service (*): Ordered on (*)/received on (*) Name of consumer(s) Address of consumer(s) Signature of consumer(s) (only if notification is made on paper) Date (*) Delete as appropriate (3) In addition to the statutory rule and the above model, the following clarification applies in your favor: o If the right of revocation is not excluded under statutory regulations, you are also entitled to exercise such right only for single items which were ordered and Page8 /10

9 delivered together, and to keep other goods that are not affected. A revocation of the entire contract is not required in these cases. o o o If multiple goods are ordered simultaneously but shipped in partial deliveries, the revocation period begins once the final product is delivered. The same applies if goods in several partial shipments or pieces are delivered. If only one product is ordered, the revocation period starts when that product is delivered. In all cases, you are entitled to declare your revocation before the delivery is made. You may also exercise your right of revocation by sending the goods back to us with the properly completed return form, which was enclosed with the delivery, within the revocation period. A separate declaration is not required. If you return the goods to us within the revocation period, using the return label provided by us, the revocation period is extended to a total of 30 and the return shipment is free of charge. The return label is either supplied with delivery or is available to print on the portal of our logistic partners. You will find more information on the specific procedures applicable to your country on our website and enclosed in your delivery. Should you not comply with the procedure, the legal revocation period of 14 is retained (see cancellation policy) and you will carry the direct cost of returning the goods. 7. Defective products and consumer rights (1) Your rights in the event of material and legal defects are determined according to statutory regulations. (2) The product descriptions in our online shop and the instructions provided by the manufacturer, which are enclosed in your order, serve as our agreement regarding the condition of our goods. Please take note of these instructions before you decide to keep the goods. (3) We are not liable for third-party descriptions of quality, in particular those provided by customers within the scope of the customer reviews published in our online store or other sales platforms. (4) We shall be liable for damages exclusively pursuant to clause 8. (5) Your right of revocation (see section 6), and other rights under warranty declarations issued separately or enclosed with the goods, remain unaffected. 8. Liability for damages (1) Our liability for defects and damages shall be governed by statutory provisions, unless specified otherwise. Page9 /10

10 (2) In cases of breach of duty irrespective of legal grounds - we are liable for intent and gross negligence. In cases of ordinary negligence, we shall be liable only in the following cases: for losses resulting from injury to life, limb or health and for losses arising from a breach of an essential contractual duty (an obligation, the fulfillment of which enables the correct performance of the contract and on whose compliance the contractual partner normally relies and may rely); however, in this case our liability shall be limited to compensation for foreseeable, typically occurring damage. (3) The foregoing limitations of liability also apply to breaches of duty by individuals for whose negligence we are liable under statutory provisions. Claims under the Product Liability Act remain unaffected in all cases. 9. Choice of law, jurisdiction and dispute resolution (1) These GTC and our contractual relationship with you shall be governed by the law of the Federal Republic of Germany, with the exclusion of material uniform law and specifically that of the UN sales law pertaining to the international sale of goods. However, the statutory provisions governing the restriction of choice of law remain unaffected. The following shall particularly apply, based on article 6 paragraph 2 of the Regulation (EC) No. 593/2008 (known as the "Rome I Regulation"), in its geographic scope of application: insofar as the law of the state in which you have your habitual residence at the time of contract conclusion (hereinafter "lex domicilii") includes provisions for your protection from which no deviation may be agreed according to lex domicilii, the provisions of lex domicilii which are more favorable to you will apply. Thus, you still enjoy the mandatory provisions of the lex domicilii despite the choice of law pursuant to sentence 1. (2) The statutory provisions shall apply for jurisdiction. (3) We do not participate in dispute resolution procedures before consumer arbitration boards. Page10 /10