(as of 13.06.2014)
The website www.silk-sisters.de is operated by: Marlino GmbH (hereinafter referred to as “Marlino”), Frankfurter Ring 247 / RGB, 80807 Munich, Germany, Fax: +49 89 452058811, Email: info@marlino.de; Managing Director Dirk Nienaber; Commercial Register Munich HRB 111121, Sales Tax Identification Number: DE 174828969
- Scope:
The following General Terms and Conditions apply to all transactions between Marlino and customers who are consumers within the meaning of § 13 BGB (German Civil Code) regarding products offered and sold via Marlino’s online shop
www.silk-sisters.de.
- Conclusion of contract:
The contract of sale is concluded when Marlino confirms the Customer’s offer in the order within seven days by sending an e-mail or by dispatching the ordered goods in accordance with clause 6.
- Payment
Marlino accepts payment in advance by bank transfer, PayPal or credit card via Paypal.
The Customer shall only be entitled to set-off and retention against claims of Marlino if the counterclaim asserted by the Customer is undisputed or acknowledged by Marlino in writing or has been legally established.
- Prices
The product prices stated in the webshop are inclusive of VAT and plus shipping costs (see section 5).
- Shipping costs
In addition to the stated prices, we charge shipping costs per order. You will be informed of the amount of the shipping costs on the product pages, in the shopping basket system and on the order page. The shipping costs may differ for deliveries within Germany and for deliveries abroad.
- Delivery times, delivery
Marlino shall deliver the goods to the delivery address specified in the order within 7 days of receipt of payment using the shipping method chosen by the customer. Marlino is entitled to make partial deliveries.
Marlino only delivers the goods within the EU to Switzerland and Norway, so the delivery address, the home address and the billing address must be within the EU or within Switzerland and Norway.
On the Marlino website, the customer will find information on the availability of the goods or on delivery restrictions. If Marlino discovers during the processing of the customer’s order that an ordered product is no longer available, the customer will be informed immediately by e-mail or telephone. The customer’s possible legal claims remain unaffected.
- Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
If you have ordered several goods as part of a single order and the goods are delivered separately by us, the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, Marlino GmbH, Frankfurter Ring 247 / RGB, 80807 Munich, Germany, Fax: +49 89 452058811, Email: info@marlino.de by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model cancellation form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
End of the cancellation policy
- Retention of title:
The delivered goods remain the property of Marlino until the purchase price has been paid in full.
- Warranty:
Despite the use of the finest quality, the characteristics of hair in rabbit fur cannot be completely excluded in principle. Hair breakage or abrasion of the fur cannot be considered a defect.
The customer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 ff. BGB.
The statutory warranty period of 2 years applies, which begins with the delivery of the item to the customer.
Marlino shall only be obliged to pay damages in accordance with clause 10.
The customer’s claims for defects shall initially be limited to a right to subsequent performance.
If the supplementary performance is carried out by way of a replacement delivery, the Customer shall be obliged to return the goods first delivered to Marlino within 30 days at Marlino’s expense. The return of the defective goods shall be made in accordance with the statutory provisions.
If subsequent performance has failed or is impossible or is refused or if Marlino does not respond to a reasonable deadline set by the customer, the customer shall be entitled to the statutory claims for defects.
- Liability:
10.1. Marlino shall be liable without limitation (i) in case of injury to life, body and health, (ii) in case of a defect after assumption of a guarantee for the quality of the goods, (iii) in case of fraudulently concealed defects, (iv) to the extent that the damage of the Customer is based on an intentional or grossly negligent breach of duty by Marlino or a legal representative or vicarious agent of Marlino and (v) within the scope of application of the Product Liability Act.
10.2. Marlino shall also be liable for the negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the Customer regularly relies on. In this case, however, Marlino shall only be liable for the foreseeable damage typical for the contract.
10.3. In all other respects, Marlino shall not be liable for breaches of duty.
- Applicable law:
This contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
