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General Terms And Conditions Of Business

§ 1 GENERAL

Marin & Milou GmbH, Neuer Wall 61, 20354 Hamburg, Germany, Managing Director Miriam Möller-Winkler, Phone +49 40 5247282-10, E-Mail service@marin-milou.com
Marin & Milou GmbH (hereinafter “Marin & Milou“ or “we“), operates an online shop at the internet address www.marin-milou.com (the “website”). All orders placed by you via the website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

§ 2 CONTRACTS

1. The presentation of products on our website does not constitute any offer by Marin & Milou for a purchase contract.

2. By submitting the order form provided on our website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “BUY NOW!”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

3. On receipt of your order we will send you an E-Mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

4. A purchase contract between you and Marin & Milou will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

5. Marin & Milou has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3 RETURNS ADVISORY

1. WITHDRAWAL INSTRUCTIONS

a) Withdrawal
You may cancel the contract within 14 days without giving a reason. The withdrawal period lasts 14 days starting from the day you (or a third party specified by you and who is not the logistic carrier) have taken the goods into possession. For executing your right of withdrawal you have to inform us (Marin & Milou GmbH, Neuer Wall 61, 20354 Hamburg, Germany. Fax: +49 40 5247282-20. eMail: service@marin-milou.com) through a letter sent by mail, fax or E-mail stating clearly your decision to withdraw from the contract. For this purpose you may (optional) use the “master form of withdrawal” provided. For keeping the deadline it is sufficient if you send the statement of withdrawal within the withdrawal period.
Consequences of withdrawal, cost apportionment
In case of a valid withdrawal we shall return all payments that we received from you including our delivery costs (excluding extra costs that result from your choice of other delivery methods than the standard economic method that we offer) immediately within 14 days counting from the day we received your information of withdrawal. For the reimbursement we shall use the same payment method (unless otherwise explicitly agreed upon) that had been originally used by you. In no case you will have to pay any fees for this reimbursement. We may refuse reimbursement until we have received the returned goods or until you have proven the returning of the goods, whatever comes first. You have to return the goods immediately within 14 days after informing us about the withdrawal. It is sufficient if you ship the goods within the withdrawal period. You have to pay the return shipment.
You have to pay for a loss of value of the goods only if the loss of value results from a use of the goods other than checking their proper quality, features and functionality.
Exceptions from the right of withdrawal
The right of withdrawal does not apply to online order contracts on the delivery of sealed goods that are not fit to be returned, for hygienic reasons or reasons of health protection when the seal has been removed after delivery.

END OF WITHDRAWAL INSTRUCTIONS 

2. RETURN SHIPMENTS

For your free return label please write an eMail including the order number to service@marin-milou.com

NOTE: 

Please return the goods in the original packing with the return sticker provided for this purpose. Please do not remove the hanging label fastened to the article. As these are handmade articles, please lay the enclosed tissue paper between the articles and place the goods into the package flat and folded, as in their original condition. Please seal the box carefully with parcel tape.

All return shipments are to be made via the service used for original delivery (DHL or UPS), using the corresponding returns postage label . All documents that may be helpful for you when returning goods are enclosed with your parcel. Please note that we can only accept return shipments from the country of destination. For example, if your delivery was made to Austria, any returns must be shipped from Austria as well.

For any questions about your right of return, please contact our Customer Care Team.

E-Mail: service@marin-milou.com

Telephone: +49 40 5247282-10

Fax: +49 40 5247282-20

§ 4 PRICES; PRODUCT PRESENTATION; AVAILABILITY

1. The prices stated on our website www.marin-milou.com at the time of your order apply.

2. The goods offered at Marin & Milou are presented on the website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

3. If you have ordered several items at the same time, the products may be delivered at different times. § 266 BGB remains unaffected. 

§ 5 STORAGE OF CONTRACT DATA

We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “BUY NOW!” button and your credit card details have been verified.

In addition you will receive an E-Mail order confirmation stating all details entered, which may be printed out as well.

§ 6 SHIPPING AND DISPATCH

1. All worldwide shipments are made via DHL. The risk of transportation is on Marin & Milou.

2. The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

§ 7 PAYMENT; DEFAULT IN PAYMENT; SETOFF; RIGHT OF RETENTION

Your payment options for orders with Marin & Milou are credit card (Visa, MasterCard) or advance payment. All payments and credit notes will be handled in the currency chosen for the purchase.

Any setoff by customer shall be excluded, except with counterclaims that are established by final enforceable judgment, ready for decision or uncontested, or include claims for compensation of costs incurred by remedial action under the same contract. In commercial transactions, any right of retention or right to refuse performance of customer is excluded, except as based on counterclaims that are uncontested and established by final enforceable judgment, or claims arising from remedial action under the same contract.

§ 8 RETENTION OF TITLE

The goods delivered remain property of Marin & Milou until full payment has been made.

§ 9 INQUIRIES; COMPLAINTS

For any inquiries about your order or complaints, please contact our Customer Care Team.

E-Mail: service@marin-milou.com

Telephone: +49 40 5247282-10

Fax: +49 40 5247282-20

§ 10 WARRANTY

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.

§ 11 LIABILITY

1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon (“essential secondary obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual secondary obligations which are not essential secondary obligations.

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

4. Any exclusion or limitation of the liability of Marin & Milou shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

§ 12 GOVERNING LAW, SEVERABILITY

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

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