General Terms and Conditions
(See § 6)
§ 1 General
1.1 Contracting parties within the framework of the following General Terms and Conditions (GTC) for the https://www.marywet.shop/gb/ available goods and services is
(hereinafter referred to as "Seller") and the Customer.The General Terms and Conditions apply to both consumers within the meaning of Section 13 of the German Civil Code (BGB) and businesses within the meaning of Section 14 of the German Civil Code (BGB), unless a distinction is made in the respective clause.
1.2.2 The seller shall deliver all services on the basis of the following General Terms and Conditions in its version valid at the time of the order
§ 2 Contract subject
The subject of the contract is the sale of goods and services. The details, in particular the essential characteristics of the goods, can be found in the description and the supplementary information on the Seller's website
§ 3 Contract conclusion
3.1 The representations of the seller on the Internet are non-binding and no binding offer to conclude a contract. The information on the goods and services is merely a description and is not a guarantee of properties or guarantees.
3.2 As a visitor to the website, each customer automatically receives a “goods basket” in which the selected goods and services of the seller are collected. As soon as the website is left without a binding offer being submitted by the customer, the contents of the shopping cart will expire. A legal transaction has not been established in this case. Before sending the order (possibly after registration or the log-in as a customer) there is the possibility to change or delete the contents of the shopping cart.
3.3 The acceptance of the offer (and thus the conclusion of the contract) is effected either by confirmation in text form (z.B. E-mail for custom-made products) in which the customer is confirmed that the order has been processed or upon payment of the order.If the customer has not received an order confirmation or notification of delivery or goods within 5 days, he is no longer bound to his order.In this case, any services already provided will be refunded immediately.
3.4 The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email.The customer must therefore ensure that the email address he has provided to the seller is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3.5 The customer can also submit the offer to the seller by telephone, fax, email or post.Additional agreements can be made in writing and by telephone.Agreements made by telephone that deviate from the offer in the online shop must be confirmed in writing.
3.6 The seller offers selected products as part of an auction to which the customer can submit a bid after successful age verification. In the absence of proof of age, the seller is entitled to withdraw the contract. In this case, payments already made by the customer are refunded immediately. In the event of an auction, an effective purchase contract is concluded with the customer who has verified himself and who has delivered the highest bid within the offer period. The amount of the purchase price depends on this maximum bid. If another customer submits a higher bid within the offer period, the low bid shall expire. Customers can only withdraw bids if there is a legitimate reason. After a legitimate withdrawal of bids, a contract is concluded between the customer who, after the auction has expired, is once again a maximum bidder and the seller. The seller sends the confirmation of the conclusion of the contract and information for the processing of purchases to the e-mail address stored by the customer after conclusion of the contract.
3.7 Products in the online shop that are marked with “FSK 18” or “USK 18” in the description can only be picked up or delivered by the customer in person upon presentation of an ID card issued by an authority with a photo and registered address (z.B. Identity card). A delivery to an authorised representative or a delivery to a packing station is not possible with these products.
§ 4 Prices, shipping costs
4.1 All prices quoted are in EURO including the applicable statutory value added tax.
4.2.2 The shipping costs are not included in the purchase price. The respective delivery area and shipping costs are indicated on the product pages. The shipping costs are shown separately during the ordering process and are to be carried in addition by the customer, unless the shipping cost-free delivery is promised.
§ 5 Payment and shipping conditions
5.1 Unless otherwise specified in the individual payment methods, the payment entitlements from the closed contract are immediately due to payment.
5.2 The seller does not take over a procurement risk. The seller is only obliged to supply goods from his stock of goods.
5.3 The seller is entitled to withdraw from the purchase agreement, should the purchased goods be unforeseeable or not dispatchable. This does not apply if the seller has to represent the non-availability of the goods. The customer shall be informed of the non-availability immediately. The customer's counters will be refunded immediately.
5.4 The seller is entitled to partial deliveries as far as this is reasonable for the customer.
: In the event of a return, the repackaging of the goods used by the seller shall be used to ensure safe shipping
5.6 If the delivery is affected by force majeure, the delivery time will be extended accordingly.Force majeure includes, for example, industrial action, lockouts, official interventions, transport bottlenecks for which we are not responsible, war, unforeseeable shortages of energy and raw materials, unforeseeable operational disruptions (z.B. Fire, water, machine damage) and other events which the seller has not to represent when viewed objectively. The seller will immediately inform the customer about the start and end of these obstacles. If the duration of the power obstacle caused by force majeure exceeds four (4) weeks to the original delivery date, the customer shall have the right to withdraw from the contract. Further claims are excluded.
5.7 Costs (bank fees, etc.) incurred by the seller by a failed debit must be reimbursed by the customer
§ 6 Right of withdrawal
If the customer revokes a contract, we will have to refund to the customer all payments we have received from the customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the customer has chosen a different type of delivery than the most favourable standard delivery offered by us), immediately and at the latest within fourteen days from the date on which the communication on the cancellation of this contract has been received with us. For this repayment we use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer charge charges for this repayment. The customer shall only be liable for any loss of value of the goods if this loss of value is attributable to a handling by the customer which is not necessary for testing the nature, characteristics and functioning of the goods.
6.1 Cancellation policy for consumers
Consumers are entitled to a statutory right of withdrawal. Consumers are any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to their commercial or independent professional activity (§ 13 BGB).
ORIGINAL OBJECTS
Right of withdrawal
You have the right to withdraw this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, which is not the carrier, have taken possession of the goods
In order to exercise your right of withdrawal, you must
Mary WetOnlineshop
by means of a clear statement (e.g. a letter sent with the mail, fax or e-mail) about your decision to withdraw this contract. You can use the attached sample recall form, which is not required.
In order to safeguard the period of revocation, it is sufficient for you to send the communication on the exercise of the right of revocation before the expiry of the period of revocation.
Consequences of withdrawal
If you revoke this contract, we will refund you all the payments we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the date on which the notification of your cancellation of this contract has been received with us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in no case will you be charged charges for this repayment. We can refuse the repaymentuntil we have returned the goods or until you have provided proofthat you have sent the goods back, depending on which the earlier date is.
You have to send the goods back to us or hand them over to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you reserve the goodsExpiry of the fourteen-day period.You will bear the direct cost of returning the goods.You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exclusion of the right of withdrawal
A right of withdrawal does not exist in the case of contracts for the supply of goods which are not prefabricated and for the production of which an individual choice or provision by the consumer is relevant or which are clearly tailored to the personal needs of the consumer; Contracts for supply of sealed goods which are not suitable for return for reasons of health protection or hygiene when their sealing has been removed after delivery; Contracts for the supply of goods where they have been mixed inseparably with other goods after delivery; Contracts for the delivery of sound or video recordings or computer software in a sealed package if the sealing was removed after delivery
- End of the statutory cancellation policy -
6.2 Right of withdrawal for entrepreneurs
For customers who are entrepreneurs within the meaning of §14 BGB and who act in the performance of their commercial or independent activities, there is no right of withdrawal
§ 7 Right of retention, retention of title
7.1 The goods remain property of the seller until the full payment of the purchase price.
7.2 If the customer's claim from resale has been included in an account balance, the customer hereby also assigns his claim from the account balance to his customer to the seller. The assignment takes place at the level of the amount the seller had calculated to the customer for the resale reserved goods.
7.3 A processing or processing as well as a conversion of the reserved goods are always carried out on behalf of the seller without any liabilities arising therefrom. The new thing becomes the property of the seller. If the customer is to receive property through connection, mixing or mixing, the customer already assigns his claims to the seller in accordance with § 950 BGB.
7.4 In the event of a deposit of the goods to the customer, the seller shall immediately inform, by sending a copy of the enforcement protocol and an oath-official insurance and the pledge, that the goods are the goods delivered by the seller and subject to retention of title.
7.5 If the value of the collateral in accordance with the preceding paragraphs of this paragraph exceeds the amount of the receivables secured in this way for a foreseeable period by more than 20%, the customer shall be entitled to demand from the seller the release of collateral insofar as the overshoot is present.
§ 8 Warranty for consumers
8.1 The warranty for defects of the purchased goods is governed by the statutory provisions.
8.2 Commercial or technically unavoidable, material-related deviations of the quality, colour, size, equipment or design of the goods are irrelevant. A right of withdrawal does not exist with such or other insignificant defects. It remains unaffected by the customer to demonstrate that the deviations mentioned are significant for him.
8.3 As a consumer, the customer is asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform the seller and the forwarder as soon as possible of complaints. If the customer does not comply with this, this does not affect the statutory warranty claims.
§ 9 Warranty for entrepreneurs
9.1 The seller shall be entitled to defects which are present upon handing over the goods under the statutory provisions.
9.2 Defects discovered later shall also be notified immediately to the seller; otherwise, the product shall also be deemed to be approved with regard to such defects. The deficiencies shall be made in writing and shall describe precisely the proven defect. Moreover, §§ 377 f. HGB apply accordingly.
9.3 The customer undertakes to receive the goods immediately upon receipt of internal and external damage or. To check the defective quantities and to indicate these defects to the seller within three days of receipt of the goods. Apparent transport damage must be recorded and confirmed immediately by the supplier.
9.4 If the customer fails to inspect or report defects in a timely manner, the delivered goods are deemed to have been approved, unless the defect was not apparent during the inspection.Timely dispatch is sufficient to meet the deadline;the burden of proof for this lies with the customer.
9.5 Claims for warranty and damages shall expire one year after delivery of the goods.
9.6 Commercial or technically unavoidable, material-related deviations of the quality, color, size, equipment or design of the goods are irrelevant. A right of withdrawal does not exist with such or other insignificant defects. It remains unaffected by the customer to demonstrate that the deviations mentioned are significant for him.
9.7 Customer warranty rights do not exist if he has changed the goods and the defect has been caused by them. Likewise, warranty claims for non-accurate use of the goods and for installation and/or. Assembly by unauthorized personnel. Claims of the customer for compensation or compensation of in vain expenses are only subject to §§ 10 of these Terms and Conditions.
§ 10 Liability
10.1 Claims of the customer for damages are excluded. This excludes claims for damages by the customer from the violation of life, body, health or violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on a deliberate or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Cardinal obligations within the meaning of these Terms and Conditions are such obligations that only allow for the proper implementation of the contract and the achievement of its purpose and that the customer must therefore regularly trust.
10.2 In the event of breach of essential contractual obligations, the Seller shall be liable only for the contractually typical, foreseeable damage, if it was simply negligently caused, unless the Seller claims damages the Customer from a violation of life, body or health.
10.3 Requirements of the Product Liability Act (ProdHaftG) remain unaffected.
10.4 The limitations of paragraphs 10.1 and 10.2 shall also apply to the seller's legal representatives and vicarious agents if claims are made directly against them.
Article 2 The seller assumes no liability for the continuous and uninterrupted availability of its Internet presence and for technical or electronic errors of the online offer.
10.6 The seller shall also not be liable for any damage caused by the fact that unauthorised persons place orders with the aid of the password and customer account assigned to the customer
10.7 According to the current state of the art, data communication via the Internet cannot be ensured without errors and/or at any time available. In this respect, the seller is not liable for the permanent or uninterrupted availability of the website and the service offered there.
§ 11 Copyrights to goods of the seller
The right of use applies only to the direct use of the goods by the customer. The customer may only make a resale or rental if the seller has agreed in advance in text form (§126 b BGB). In the event of a transfer to third parties (sales, rental etc.), rules for the use between the seller, the customer and the third party shall be held in writing.
Section 12 Standard household quantities
The sale of physical goods takes place only in household quantities.
§ 13 Import of goods abroad
Imports of goods into countries outside Germany may be subject to export restrictions and import duties and taxes payable by the customer. These vary in different customs areas. The customer is responsible for the proper removal of the necessary duties, taxes and fees.
§ 14 Customer reviews
If the customer has a customer review for goods and services offered by the seller, the seller is entitled to display this text anonymously in all web shops and social media appearances from the seller. The Seller reserves the right not to display a review or only for a limited period of time and, if required for legal reasons (e.g. in the event of a breach of personal rights), in a shortened manner. Customer reviews only reflect the customer's opinion and do not necessarily agree with the seller's view.
§ 15 Storage of the contract text/data protection
15.1 The order and the entered order data are stored by the seller. With the order confirmation, all the order data and these General Terms and Conditions, together with the cancellation confirmation and the form of a revocation, are sent to the customer.
15.2 The customer authorises the seller to process, store, evaluate and use the data obtained in connection with the business relationship within the meaning of the Data Protection Act (also for advertising purposes). A forwarding to third parties takes place exclusively for the performance of the contract. Payment information will not be forwarded to the information paid by the purchase price. If the customer does not want this, he can place an order as a guest.
15.3 When ordering as a guest, customer data will only be used as part of the order and will not be stored further.
15.4 The customer may request information about his stored data at any time, make use of his right to rectification and withdraw consent.
15.5 If the customer is no longer interested in sending a newsletter to the e-mail address entered by him in the user account, the delivery from the distributor can be prompted at any time via a link integrated in the respective e-mail or via e-mail directly to fan@fan69.de. The newsletter contains up-to-date information and information on offers and promotions.
§ 16 Hygiene
A guarantee for germ-free delivery (especially for hygiene articles) is not accepted. The customer is responsible for the proper, hygienic and responsible handling of the product itself. No liability is assumed for a possible infection/disorder.
§ 17 Digital products
17.1 The customer acquires a simple, non-transferable right to use the offered digital products for personal use, revoked before full payment of the license fee. The customer is not given property to the digital products.
17.2 The content of the digital products must not be changed in terms of content or editorial by the customer, subject to different mandatory statutory rules.
17.3 The customer may, in accordance with the respective product descriptions, create copies of the digital product for private or other own use, store them on readers and use them as intended on these devices. Further use, in particular the transfer, processing, reproduction or reproduction, distribution, publication or public accessibility of the digital products, complete or in parts thereof, whether in digital form, via data transmission or in analog form, is not permitted to the customer and may be punishable. All rights, in particular copyrights, are exclusively the seller or. Licensors.
17.4 Digital products can be individually marked with technical protection and control measures.
17.5 The customer can download a total of 5 times in the user account area of any digital product already purchased. The seller reserves the right to restrict or terminate this voluntary service (reload) at any time temporarily or permanently, or to delete individual digital products from the user account (especially in case of legal violations). This excludes digital products that the customer has already downloaded and has secured on its own storage medium (PC, e-book reader, etc.).
17.6 If updates of digital products are required, the seller will inform the buyer
§ 18 Final provisions
18.1 Platform of the European Commission for online dispute resolution:www.ec.europa.eu/consumers/odr
We are not obliged and not prepared to participate in a dispute settlement procedure before a consumer arbitration office.
18.2 As a court of jurisdiction, Rudolstadt will be agreed upon as far as permitted by law. The law of the Federal Republic of Germany applies.