Terms and Conditions
The following general terms and conditions apply to all contracts concluded between us and a consumer via our online shop www.marc-aurel.com or www.fashion.marc-aurel.com as amended at the time of order placement. They are written in German, and customers may load them into their RAM and/or print them out. Upon request, they may be requested in digital or written form under General Terms and Conditions or by emailing firstname.lastname@example.org. They will also be shown to customers every time an order is placed.
1. Cope for consumers and definitions
1.1 The following general terms and conditions apply to all contracts concluded between us and a consumer via our online shop www.marc-aurel.com or www.fashion.marc-aurel.com as amended at the time of order placement.
1.2 “Consumer” as defined by these general terms and conditions is any natural person who transacts legal business for purposes which largely cannot be attributed to their commercial work or self-employment.
2. Contract conclusion, storage of the contractual text
2.1 The following rules on contract conclusion apply to orders placed through our online shop
www.marc-aurel.com or www.fashion.marc-aurel.com
2.2 If a contract is concluded, it is done so with
Marc Aurel Textil GmbH
DE – 33332 Gütersloh
Fax: +49 (0)5241-945-101
Authorised representatives: Reinhold Richter, Andreas Gotschke
Commercial Register: HRB1815 Gütersloh District Court
VAT ID: DE811171825.
2.3 The way our goods are presented in our online shop in no way constitutes a legally binding contractual offer; it is merely a non-binding request for consumers to order goods. When ordering via our online shop, the order process is 4 steps. In step one, you choose the desired goods. In step two, you enter your customer data, including billing address and (if applicable) a differing delivery address. In step three, you choose how you wish to pay. And in the final step, you have the opportunity to re-check all information (e.g. name, address, payment method, items ordered) and correct it if necessary before sending us your order by clicking “Place order and commit to pay”. By sending the order for the desired goods, the consumer submits a binding offer to conclude a purchase agreement. The automatically generated email order confirmation does not constitute acceptance of the offer; it simply documents the fact that the order has been received at our end. The decision on whether or not we accept an order is made at our discretion. We immediately advise you if we are not going to process an order. Orders are accepted by us by virtue of an email order confirmation sent to you, or, at the latest, through actual delivery of the goods.
If, while processing your order, we find that the products ordered by you are not available, you will be informed of this by email. No contract is concluded for the unavailable goods.
We only sell our goods in customary quantities, and only to end consumers aged 18 and over.
2.4 The following rules apply when an order is received by our online shop: The consumer submits a binding contractual offer by successfully completing the order process in our online shop.
2.5 For orders made through our online shop, we send you the order data, contractual text and our general terms and conditions by email so you can save these. The general terms and conditions can also be viewed any time at https://marc-aurel.com/agb-allgemeine-geschaeftsbedingungen. For security reasons, your order data will no longer be accessible via the Internet.
3 Prices, shipping costs, payment
3.1 The prices shown are final prices, containing the legal VAT and other price components.
3.2 The shipping costs are 3.95 Euros for deliveries to Germany, and 9.95 Euros for deliveries to Austria/the Netherlands/Belgium/Sweden/Denmark/Finland.
3.3 Consumers in Germany and Austria have the option of paying by credit card (Visa, Mastercard) or by purchase on account through our payment partners.
Consumers in the Netherlands/Belgium/Sweden/Denmark/Finland have the option of paying by credit card (Visa, Mastercard) or PayPal.
4.1 Unless otherwise agreed, deliveries are made to the delivery address provided by the customer. Deliveries are only made to address in Germany, Austria, the Netherlands, Belgium, Sweden, Denmark or Finland.
4.2 If the customer finds that the goods have been damaged during transportation, www.marc-aurel.com asks that they report this immediately wherever possible. Marc Aurel Online-Shop wishes to advise that this report is not mandatory for exercising the legal right of return or asserting warranty claims.
4.3 The seller advises the customer of the expected delivery time in the shipping confirmation. The delivery dates and seller’s deadlines are non-binding information, unless this has been expressly agreed as binding between the customer and seller.
4.4 If the goods chosen by the customer are not available at the time of order placement, the seller advises the customer of this in the order confirmation. In the order confirmation, the seller only accepts the customer’s offer for the goods that are available. No contract is concluded for the unavailable goods.
4.5 No partial deliveries are made. If some of the goods ordered by the customer cannot be delivered immediately, this part of the order is cancelled. The order confirmation only shows the parts of the order that are actually available. As such, a contract is only concluded for the available goods listed in the order confirmation.
5 Retention of title
5.1 We reserve the right to retain ownership of the goods until full payment of the purchase price.
5.2 If the goods are seized or other third-party intervention occurs, the customer is obliged to immediately inform the seller in writing and advise the third party of the seller’s retention of title.
6. Right of cancellation
6.1 You are entitled to cancel this contract within 14 days, without stating reasons.
6.2 The cancellation period is 14 days from the day on which your or a third party appointed by you, and who is not the carrier, take possession of the goods.
6.3 To exercise your right of cancellation, you must inform us, Marc Aurel Textil GmbH, Wilhelmstr. 9, D-33332 Gütersloh (email@example.com), of your decision to cancel this contract by sending us a clear statement (e.g. a letter, fax or email). You may use the enclosed sample form for this, though are not obliged to do so.
6.4 If you use this option, we will immediately (e.g. by email) send you confirmation that the cancellation has been received.
6.5 Notifying us of your decision to exercise your cancellation right before the cancellation period elapses will suffice for the deadline to be considered upheld.
7. Consequences of cancellation
7.1 If you cancel this contract, we must immediately (within 14 days of receiving notice of your decision to cancel this contract) refund you all payments we have received from you, including delivery charges (except for the additional costs resulting from you choosing a different method of delivery to the cheapest standard delivery offered by us). To make this refund, we use the same payment method you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged any fees for this refund.
7.2 We can refuse to make the refund until we all the goods have been returned to us or until you have proven you have sent the goods; whichever occurs first.
7.3 You must return or send the goods to us immediately; within no more than 14 days of the day on which you informed us of your decision to cancel this contract. The deadline is considered upheld if you send the goods within the 14-day period.
7.4 You only need to pay for any loss in value suffered by the goods if this loss can be attributed to inappropriate handling beyond checking the goods’ quality, properties and function.
8.1 The warranty for defects in the purchased goods is based on the legal regulations, particularly Sections 434 ff. BGB (German Civil Code). Guarantees are only made to customers if the seller has done so expressly and separately.
8.2 Customary or technically unavoidable, material-based deviations in the quality, colour, size, features or design of the goods do not constitute defects.
8.3 The customer is not entitled to raise warranty claims if the defect is a result of them modifying the goods.
9. Data protection
The customer’s personal data which becomes known as part of a business relationship is stored and may be forwarded to affiliated companies for the purpose of order processing. All data is of course treated as confidential. The data is collected, stored and used by us in accordance with the applicable privacy regulations. These privacy regulations are available in printable format [here].
10. Storage of the order text
The contractual text is saved on our internal systems. The order data and general terms and conditions are sent to you by email. You may view the general terms and conditions applicable to your order any time at www.marc-aurel.com/agb-allgemeine-geschaeftsbedingungen. For security reasons, your order data is no longer accessible via the Internet once your order is complete.
11. Online dispute resolution and consumer arbitration
11.1 Online dispute resolution as per Art. 14 Para. 1 of the ODR Directive:
The European Commission provides an online dispute resolution (ODR) platform available at http://ec.europa.eu/consumers/odr/.
11.2 Marc Aurel Textil GmbH is generally not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration board under the VSBG (German act on the resolution of consumer disputes).
12. Final provisions
12.1 The contractual language is German.
12.2 Contracts between the seller and customer are governed solely by federal German law, under the exclusion of the UN Convention on Contracts for the International Sale of Good (CISG).
12.3 Should certain provisions of these general terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision will be replaced by the relevant legal provisions. This applies accordingly for any legal omissions in these general terms and conditions.
General terms and conditions version: November 2018