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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 in the version valid at the time of the order. They are written in German and can be loaded into the customer's memory and/or printed out. Upon request, they can be requested in digital or written form at the e-mail address eshop@marc-aurel.com

1. Applicability to consumers and definitions of terms
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 in the version valid at the time of the order.
1.2 For the purposes of these Terms and Conditions, "consumer" means any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

2. Conclusion of a contract, storage of the text of the contract
2.1 The following regulations on the conclusion of the contract apply to orders placed via our online shop

www.marc-aurel.com

2.2 In the event of conclusion of the contract, the contract shall be concluded with

Marc Aurel Textil GmbH
Wilhelmstr. 9
DE – 33332 Gütersloh
Tel. : +49(0)5241-945-0

Authorised representative: Reinhold Richter
Commercial register: HRB1815 Amtsgericht Gütersloh
Turnover identification number: DE811171825

2.3 The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. When ordering via our online shop, the ordering process comprises a total of 4 steps. In the first step, you select the desired goods. In the second step, you enter your customer data including the invoice address and, if applicable, a different delivery address. In the third step, you choose how you would like to pay. In the last step you have the opportunity to check all details (e.g. name, address, payment method, ordered items) once again and correct them if necessary before you send your order to us by clicking on "order subject to payment". By sending the order for the desired goods, the consumer submits a binding offer to conclude a purchase contract. The automatically generated e-mail order confirmation does not constitute acceptance of the offer, but merely documents that we have received the order. The decision as to whether we accept an order is at our sole discretion. If we are not going to execute an order, we will inform you immediately. Acceptance of the offer by us will be by way of an e-mail order confirmation which we will send to you, or at the latest by delivery of the goods.
If, while processing your order, we discover that the products you have ordered are not available, you will be informed of this by e-mail. A contract for the unavailable goods will then not be concluded.
We sell our goods only in quantities customary in the trade and exclusively to end consumers who have reached the age of 18.

2.4 Upon receipt of an order in our online shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop.

2.5 When ordering via our online shop, we will send you the order data by e-mail so that you can save it. You can also view the GTC at any time at https://www.marc-aurel.com/en/terms-and-conditions.

3. Prices, shipping costs, payment
3.1 The prices stated are final prices, they include the statutory value added tax and other price components.
3.2 For an order value of 300 euros and above, shipping is free of charge in any case. The shipping costs for an order value of less than 300 euros are 3.75 euros for deliveries to Germany, and 8.95 euros for deliveries to Austria, Belgium and the Netherlands. A delivery with DHL Express costs 9.95 euros for deliveries to Germany, and 12.95 euros for deliveries to Austria, Belgium and the Netherlands. A delivery to 21 other countries of the European Union is only possible with the shipping method DHL Express at a price of 15,95 Euro. You can find an overview of our delivery countries here.
3.3 It is expressly pointed out that the listed payment methods are country-dependent and the following payment options are not available in every country. In principle, we offer Paypal, credit card, Klarna purchase on account, Klarna hire purchase, Klarna instant, Google Pay, iDeal, Bancontact, Multibanco and MB Way.
3.4 If you choose to purchase on account via Klarna, the payment period is 30 days after dispatch of the goods. If you use the instalment purchase offers from Klarna or Paypal, other payment periods may apply.

You can find more information and additional T&Cs from our payment partner Adyen here.

4 Delivery
4.1 Unless otherwise agreed, delivery shall be made to the delivery address provided by the customer. Deliveries are only made to addresses in 25 of 27 countries in the European Union. You can find an overview of the countries here.
4.2 If the customer finds that the goods have been damaged in transit, www.marc-aurel.com asks that this be reported immediately if possible. Marc Aurel Onlineshop points out that this notification is not a prerequisite for the exercise of the statutory right of return or the assertion of claims for defects.
4.3 The Seller shall inform the Customer of the estimated delivery time in the shipping confirmation. The Seller's delivery dates and deadlines are exclusively non-binding unless they are expressly agreed as binding between the Customer and the Seller. The maximum delivery time for Germany is 7 working days, for other delivery countries 10 working days.
4.4 If the goods selected by the customer are not available at the time of the order, the seller will inform the customer of this in the shipping confirmation. In the order confirmation, the seller accepts the customer's offer only limited to the goods that are available. A contract for unavailable goods is not concluded.
4.5 Partial shipments do not take place. If a part of the goods ordered by the customer is not immediately available, this part of the order will be cancelled. Only those parts of the order that are actually available will be named in the dispatch confirmation. This means that a contract is only concluded for the available goods listed in the dispatch confirmation.

5 Retention of title
5.1 We retain title to the goods until the purchase price has been paid in full.
5.2 In the event of seizure of the goods or other interventions by third parties, the customer is obliged to inform the seller immediately in writing and to point out to the third party that the goods are the property of the seller.

6. Right of withdrawal / Cancellation policy
6.1 You have the right to cancel this contract within 14 days without giving any reason.
6.2 The withdrawal period is 14 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.
6.3 In order to exercise your right of withdrawal, you must inform us, Marc Aurel Textil GmbH (Wilhelmstr. 9, D-33332 Gütersloh, Tel. : +49 (0)5241-945-0, eshop@marc-aurel.com) by means of a clear declaration (e.g. a letter sent by post, or e-mail) of your decision to withdraw from this contract. You can use this form but it is not mandatory.
6.4 If you make use of this option, we will send you (e.g. by e-mail) a confirmation of receipt of such revocation.
6.5 In order to comply with the withdrawal period, it is sufficient if you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
6.6 The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

7. Consequences of the withdrawal
7.1 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 14 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.
7.2 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.
7.3 You must return or hand over the goods to us without delay and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the 14-day period.
7.4 You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for testing the quality, characteristics and functioning of the goods.

8. Warranty
8.1 The warranty for defects in the purchased goods shall be governed by the statutory provisions, in particular §§ 434 ff. BGB. The customer shall only be entitled to a guarantee if the seller has given this separately and expressly.
In particular, the customer can demand subsequent performance (new delivery or rectification of defects). Marc Aurel Textil GmbH is, however, entitled to refer the customer to a new delivery if the rectification of defects would involve disproportionate effort. The warranty claims expire two years after delivery of the goods. If a defect occurs within the two-year limitation period, the limitation period shall not start to run before four months have elapsed after the defect first became apparent. The buyer should assert his warranty claims by stating the order number, his name and address and briefly stating the reasons. At the request of Marc Aurel Textil GmbH, the customer will send the defective goods for inspection at the expense and risk of Marc Aurel Textil GmbH to the following address:

Marc Aurel Textil GmbH
Wilhelmstr. 9
DE – 33332 Gütersloh

8.2 Deviations in the quality, colour, size, equipment or design of the goods that are customary in the trade or technically unavoidable and are due to the material shall not constitute a defect.
8.3 The customer shall have no warranty rights if he has modified the goods and the defect was caused thereby.

9. Protection of privacy
The personal data of the customer, which become known in the course of a business relationship, are stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially. The data will be collected, stored and used by us in accordance with the applicable data protection regulations. These data regulations are available here.

10. Storage of the order text
The text of the contract is stored on our internal systems. The order data will be sent to you by e-mail. You can view the General Terms and Conditions applicable to your order at any time at www.marc-aurel.com/en/terms-and-conditions.

11. Online dispute resolution and consumer arbitration
11.1 Online dispute resolution pursuant to Art. 14 (1) ODR Regulation:
The European Commission provides a platform for online dispute resolution (ODR), which you can find here finden.
11.2 As a matter of principle, Marc Aurel Textil GmbH is not prepared or obliged to participate in dispute resolution proceedings before a consumer arbitration board within the framework of the VSBG.

12. Final provisions
12.1 The contractual language is German.
12.2 Contracts between the Seller and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision. This applies accordingly to the filling of any regulatory gaps in these GTC.

Status of the GTC: July 2022

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