Terms and Conditions
Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of the contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1These General Terms and Conditions (hereinafter “GTC”) of Marcel Sollner, trading as “Marcelina Shop” (hereinafter “we/us”), apply to all contracts for the delivery of goods that you, as a consumer or business (hereinafter “you”), enter into with us regarding the goods displayed in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.
1.2For the purposes of these Terms and Conditions, you are considered a consumer if you enter into a legal transaction for purposes that are predominantly neither related to your commercial activities nor to your self-employed professional activities.
1.3For the purposes of these Terms and Conditions, you are considered a business entity if you are a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of your commercial or self-employed professional activities.
2) Conclusion of the Contract
2.1The product descriptions in our online store do not constitute binding offers on our part, but are intended to enable you to submit a binding offer.
2.2You may submit your offer using the online order form integrated into our online store. After adding the selected items to your virtual shopping cart and completing the electronic ordering process, you submit a legally binding offer to enter into a contract for the items in your shopping cart by clicking the button that finalizes the order process.
2.3We may accept your offer within five days,
- by sending you a written order confirmation or an order confirmation in text form (fax or email), in which case the date you receive the order confirmation is decisive, or
- by delivering the ordered goods to you, in which case the date of receipt of the goods by you shall be decisive, or
- by asking you to make a payment after you place your order.
If more than one of the above alternatives applies, the contract is concluded at the time the first of these alternatives occurs. The period for accepting your offer begins on the day after your offer is sent and ends at the end of the fifth day following the day your offer was sent. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that you are no longer bound by your declaration of intent.
2.4If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com
2.5When you submit an order via our online order form, we will save the contract text after the contract is concluded and send it to you in writing (e.g., by email, fax, or letter) once your order has been submitted. We will not make the contract text available to you in any other way.
2.6Before submitting a binding order via our online order form, you can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be your browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using standard keyboard and mouse functions until you click the button that completes the ordering process.
2.7The contract may be concluded in German.
2.8Order processing and communication generally take place via email and automated order processing. You must ensure that the email address you provide for order processing is accurate so that emails sent by us can be received at that address. In particular, if you use spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.
3) Right of Withdrawal
3.1Consumers generally have the right to cancel.
3.2For more information on the right of withdrawal, please refer to our cancellation policy.
4) Prices and Payment Terms
4.1Unless otherwise stated in our product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs will be listed separately in the respective product description.
4.2The available payment options will be displayed in our online store.
4.3If you select a payment method offered through the "Shopify Payments" payment service, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered via Shopify Payments will be displayed in our online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that will be separately communicated to you if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com,
4.4If you select a payment method offered through the “Klarna” payment service, payment processing will be handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions regarding this can be viewed here:
https://marcelina-shop.de
5) Delivery and Shipping Terms
5.1If we offer to ship the goods, delivery will be made within the delivery area we have specified to the delivery address you have provided, unless otherwise agreed. The delivery address provided during the order process is the one that applies.
5.2If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. With regard to return shipping costs, the provisions set forth in our cancellation policy shall apply if you effectively exercise your right of withdrawal.
5.3If you are acting as a business, the risk of accidental loss or accidental deterioration of the goods sold passes to you as soon as we have delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to you only upon delivery of the goods to you or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to you—even if you are acting as a consumer— as soon as we have delivered the item to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and we have not previously named this person or entity to you.
5.4We reserve the right to withdraw from the contract in the event of incorrect or improper delivery to us. This applies only if we are not responsible for the non-delivery and we have entered into a specific offsetting transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, you will be notified immediately and the purchase price will be refunded to you without delay.
5.5Due to logistical reasons, pickup is not possible.
6) Retention of title
If we make an advance payment, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1If you are acting as a business,
- we have the choice of the type of remedy;
- For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery;
- For used goods, warranty claims are excluded;
- the statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.
7.2The limitations of liability and shortened time limits set forth above do not apply
- for your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used in a building in accordance with their normal intended use and have caused the building’s defectiveness,
- regarding any obligation we may have to provide updates for digital products, in the case of contracts for the delivery of goods that include digital elements.
7.3In addition, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4If you are acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If you fail to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
7.5If you are acting as a consumer, you are asked to report any goods delivered with obvious shipping damage to the delivery company and to notify us of this. Failure to do so will not affect your statutory or contractual rights regarding defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses, as follows:
8.1We assume unlimited liability on any legal basis
- in cases of willful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a warranty promise, unless otherwise specified in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2If we negligently breach a material contractual obligation, our liability is limited to foreseeable damages typical for this type of contract, unless we are liable without limitation in accordance with the preceding section. Material contractual obligations are obligations that the contract imposes on us by its nature to achieve the purpose of the contract, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely.
8.3Otherwise, we shall not be liable.
8.4The foregoing liability provisions also apply with respect to our liability for our agents and legal representatives.
9) Governing Law
All legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. If you are acting as a consumer, this choice of law applies only to the extent that it does not deprive you of the protection afforded to you by mandatory provisions of the law of the country in which you have your habitual residence.
10) Alternative Dispute Resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
