The website www.silk-sister.de/shop is operated by: Marlino GmbH (hereinafter referred to as “Marlino”), Frankfurter Ring 247 / RGB, 80807 München, Germany, Tel.: +49 89 45205880, Fax: +49 89 452058811, e-mail: email@example.com; Managing Director Dirk Nienaber; Commercial Register Munich HRB 111121, VAT ID number: DE 174828969
The General Terms and Conditions below shall apply to all transactions between Marlino and customers who are consumers in terms of Section 13 of the German Civil Code (BGB) relating to products that are offered and sold via Marlino’s online shop www.marlino.de/shop.
2. Conclusion of the Contract:
The sales contract shall come into effect if Marlino confirms the offer that is made to the customer in the purchase order through an e-mail message within 7 days or ships the ordered goods in accordance with the detailed provisions of Clause 6 within this period.
As the means of payment, Marlino shall accept advance payment by bank transfer, PayPal or credit card via PayPal.
The customer shall only be entitled to withhold payments and offset them against claims of Marlino if its counterclaim is undisputed, has been acknowledged by Marlino in writing or has been established in law.
The product prices indicated in the web shop include VAT and do not include the shipping costs (see Clause 5).
5. Shipping costs
In addition to the stated prices, we shall charge shipping costs for each order. You shall 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 be different for deliveries within Germany and for deliveries abroad.
6. Delivery periods, delivery
Marlino shall deliver the goods to the delivery address indicated in the purchase order within 7 days of the receipt of the payment, using the shipping method selected by the customer. Marlino shall be entitled to make partial deliveries.
Marlino shall deliver the goods exclusively within the EU, to Switzerland and to Norway, which means that the delivery address, the home address and the billing address must be within the EU or in Switzerland or Norway.
The customer can find information about the availability of the goods and about delivery restrictions on Marlino’s website. If Marlino discovers, whilst processing the customer’s order, that an ordered product is no longer available, the customer shall be informed of this immediately by e-mail or by telephone. Any statutory claims of the buyer shall remain unaffected.
7. Cancellation instruction
Right of cancellation
You have the right to cancel the present Contract within fourteen days without providing a reason.
The cancellation period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, took the goods into your possession.
If you ordered several goods in a single order and if the goods are delivered separately by us, the cancellation period shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, took the last item into your possession.
To exercise your right of cancellation, you must inform us, Marlino GmbH, Frankfurter Ring 247 / RGB, 80807 München, Germany, Tel. +49 89 45205880, Fax: +49 89 452058811, e-mail: firstname.lastname@example.org of your decision to cancel the present Contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the enclosed template cancellation form for this, but this is not mandatory.
To observe the cancellation period, it shall be sufficient to send your communication regarding your decision to exercise your right of cancellation before the expiry of the cancellation period.
Consequences of the cancellation
If you cancel the present Contract, we must pay back all the payments that we have received from you, including the delivery costs (with the exception of the additional costs that arise as a result of you having selected a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we received the communication regarding your cancellation of the present Contract. For this repayment, we shall use the same means of payment that you used in the original transaction, unless we have expressly agreed otherwise with you; on no account shall you be charged a fee because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must send the goods back to us or hand them over to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of the present Contract. This period shall be deemed to be observed if you send the goods before the expiry of the fourteen day period.
You shall bear the costs for returning the goods.
End of the cancellation instruction.
8. Retention of title:
The delivered goods shall remain the property of Marlino until the purchase price has been paid in full.
In spite of the use of the finest quality, shedding properties cannot be ruled out in the case of rabbit fur. Hair breakage or wear of the fur cannot be regarded as defects.
The customer shall be entitled to a warranty for defects in the purchased goods in accordance with the statutory regulations of Section 437 ff. BGB.
The statutory warranty period of 2 years, which starts with the delivery of the item to the customer, shall apply.
Marlino shall only be obliged to provide compensation in accordance with the detailed provisions of Clause 10.
The customer’s claims for defects shall initially be restricted to a right to supplementary performance.
If the supplementary performance has taken place by means of a replacement delivery, the customer shall be obliged to send the originally delivered goods back to Marlino within 30 days at Marlino’s expense. The defective goods must be returned in accordance with the statutory regulations.
If the supplementary performance has failed or is impossible or if it is refused or Marlino does not respond to a reasonable grace period set by the customer, the customer shall be entitled to statutory claims for defects.
10.1. Marlino shall have unlimited liability (i) in the event of loss of life, physical injury or damage to health, (ii) in the event of a defect after the assumption of a warranty for the condition of the goods, (iii) in the event of fraudulently concealed defects, (iv) if the damages experienced by the customer are based on an infringement of an obligation of Marlino or a legal representative or vicarious agent of Marlino through wilful intent or gross negligence and (v) within the scope of the German Product Liability Act.
10.2. Marlino shall also be liable for the negligent infringement of essential obligations whose infringement puts the achievement of the purpose of the Contract at risk, and for the infringement of obligations which must be fulfilled to make the proper execution of the Contract possible in the first place and regarding which the customer may generally rely upon compliance with the obligations. In this case, however, Marlino shall only be liable for the foreseeable damage that is typical of the Contract.
10.3. In other respects, Marlino shall not be liable for infringements of obligations.
11. Applicable law:
The present Contract shall be subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.