Terms and Conditions
§ 1 – Basic Provisions
(1) All of our deliveries are based on the following conditions. Verbal or telephone agreements that deviate from this require written confirmation. If part of the conditions is revoked, the remaining content of these conditions remains unaffected.
(2) Unless fixed prices have been agreed, the prices are non-binding. The calculation is then based on the price valid on the day of delivery in EURO or USD ex works.
§ 2 - Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are "shopping cart" filed. You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page. If you use an instant payment system (e.g. PayPal or Amazon Payments) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop. Before submitting the order, you have the opportunity to check all of the information here again, to change it (also using the "back" function of the internet browser) or to cancel the purchase. By submitting the order via the "order with obligation to pay" button, you make a legally binding declaration the acceptance of the offer, whereby the contract comes about.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 – Customized Goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors.
§4 right of retention, retention of title
(1) You can only exercise a right of retention if the claims are from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 – Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not do this, this has no effect on your statutory warranty claims.
§ 6 - Choice of law, place of performance, place of jurisdiction, other
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
(4) Information of an unfavorable nature or payment difficulties that the supplier subsequently becomes aware of entitle him to withdraw if sufficient security is not provided. Claims for damages by the customer are excluded due to such a withdrawal.
(5) Malfunctions caused by force majeure of any kind or similar cases release from the delivery obligation. Claims for damages in this context are generally excluded.
Customer information
Seller's identity
Richard Mahr GmbH – MAROLIN® Manufaktur
Räumstrasse 35
96523 Steinach / Thüringen
Phone: +49 (0) 36762 – 32310
Email: marolin@marolin.de
Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at < a href="https://ec.europa.eu/odr">https://ec.europa.eu/odr.
a. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
b. Contract language, contract text storage
The contract language is German.
We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
c. Essential characteristics of the goods or service
The main features of the goods and/or service can be found in the respective offer.
d. Prices and terms of payment
Prices:
For commercial customers: Our list prices are net prices without VAT; the currently applicable VAT will be charged separately. Payments must be made within 14 days with a 2% discount or within 30 days net. Minimum order amount is EUR 150.00. If the minimum order amount is not reached, a minimum quantity surcharge of EUR 10 will be charged.
For private customers: Our list prices are gross prices including the currently applicable VAT Payments are usually made in advance.
VAT does not apply to direct export transactions to non-EU countries. Packaging is charged extra.
The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, Taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions) that you are responsible for.
Costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was made outside the European Union.
The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
e. Terms of Delivery
The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer .
If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during the Dispatch only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person appointed to carry out the shipment.
Delivery times are always non-binding. In case of late delivery ste The customer has neither a claim for damages nor the right to withdraw from the contract if a reasonable subsequent delivery period has not been granted beforehand.
Subsequent delivery periods of at least two weeks are also approved for fixed dates.
Partial deliveries are permitted and will be charged separately.
Shipping: the goods are always transported ex works at the expense and risk of the recipient; this bears the risk of transport even if postage and carriage paid delivery has been agreed.
If no shipping instructions are given, the delivery will be made to the best of our judgement, using the cheapest shipping method. In the case of postal delivery, we generally disburse the resulting shipping fees, which are listed separately at the end of the invoice and are payable net. Delivery to the transport company is decisive for the fulfillment of agreed delivery dates. Packaging will be charged at cost price and will not be taken back. Notices of defects are only recognized if they are asserted within a period of 14 days after receipt of the goods.
f. Statutory liability for defects
Liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
