Table of contents
- Scope and provider
- Conclusion of contract
- Terms of payment
- Offsetting / Right of retention
- Delivery and retention of title
- Damage in transit
- Liability for defects (warranty)
- Storage of contract text
- Data protection
- Applicable law
- Alternative dispute resolution
- Severability clause
1 Scope and provider
These general terms and conditions apply to all orders that you place via the online shop of
marryandbride - knitted couture,
represented by the owner Mrs Martina Weiß,
60388 Frankfurt am Main,
...to make a deal.
Our deliveries, services and offers are exclusively based on these General Terms and Conditions. These General Terms and Conditions of Business shall consequently also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
Contract language is exclusively German.
You can call up and print out the currently valid General Terms and Conditions on the website www.marryandbride.com.
2 Conclusion of contract
2.1 The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract, but serves to provide a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
The sending of colour and material samples prior to the conclusion of the contract is possible and can be arranged individually. It is also possible to send a sample in order to provide the possibility of a fitting. This results in a processing fee of 30.00 Euro plus shipping (more under FAQ > Fitting Service), which will be deducted from the purchase price of the product. Damage or soiling of the sample obligates to the purchase.
2.4 Bei of the submission of an offer via the online order form of the seller, the text of the contract will be stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected user account by entering the relevant login data.
2.5 Vor binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Für the conclusion of the contract is available in German and English.
2.7 Die Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
The prices stated on the product pages contain the statutory value added tax and other price components and are exclusive of the respective shipping costs.
In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4 Terms of payment
The payment is made by cash in advance or Paypal. The customer will be informed about the payment options in the online shop of the seller.
4.1 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5 Withdrawal/revocation of the order
5.1 Verbrauchern is basically entitled to a right of withdrawal.
5.2 Nähere Information on the right of revocation results from the seller's revocation instruction.
5.3 Das The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.
6 Set-off / Right of retention
You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close mutual relationship with our claim.
You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
7 Delivery / Reservation of title
Unless otherwise agreed, the goods will be delivered from our studio to the address you specify.
The shipping costs incurred will be announced when the order confirmation is sent and will be invoiced in advance at the latest when the final invoice is sent.
The arising costs depend on the chosen shipping method and the chosen carrier (standard, express). The buyer bears the transport costs.
7.1 If the transport company returns the dispatched goods to the seller because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer a reasonable period of notice of the service. Furthermore, this shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. In the case of effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
The goods remain our property until the purchase price has been paid in full.
If you are an entrepreneur in the sense of § 14 BGB, the following applies in addition:
We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
8 Damage in transit
If goods with obvious transport damages are delivered, please complain about such defects immediately to the deliverer and contact us as soon as possible.
Failure to make a complaint or contact us has no consequences for your legal warranty rights.
Section 9 Warranty
Unless expressly agreed otherwise, the statutory warranty claims shall apply.
As the goods are individual and handmade and each accessory is unique, a slight deviation of the indicated measurements is possible. These deviations are usually insignificant and do not constitute a defect. Only actual manufacturing or material defects constitute a corresponding defect, which entitles the customer to exercise the legal warranty rights.
If the goods are returned due to justified defects, the seller shall bear the transport costs.
10 Contract text storage
We save the text of the contract and send you the order data and our general terms and conditions by e-mail.
11 Data protection
Your personal data relevant for the respective order or reservation will be collected, processed, used and stored by us in accordance with the respective legal data protection regulations for the purpose of implementing the contract and to protect legitimate interests.
12 Applicable law
All disputes arising out of or in connection with this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of contracts for a purpose which cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the state in which the consumer has his habitual residence.
13 Alternative dispute resolution
13.1 Die The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 Verbraucher may contact the following consumer dispute resolution service(s) to resolve any dispute with the seller:
Information on online dispute resolution: The EU Commission has created an Internet platform for the online settlement of disputes (so-called "OS Platform"). The OS platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The OS platform can be reached under the following link: http://ec.europa.eu/consumers/odr.
The seller is obliged and declares to participate in dispute settlement proceedings before this consumer arbitration body/bodies.
Furthermore, the above-mentioned platform of the EU Commission for online dispute resolution can be used for the settlement of disputes.
14 Severability clause
Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected.