General Terms and Conditions – MARYLIN ROPER LOS ANGELES
(Status September 2022)
§ 1 General, scope of the GTCs
1.1 All deliveries and services shall be provided exclusively on the basis of the following General Terms and Conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is MARYLIN ROPER LOS ANGELES, Wiesendamm 129, 22303 Hamburg (hereinafter “Seller”).
1.3 Customer in the sense of these Terms and Conditions may be consumers (hereinafter “Customer”). Consumers in the sense of the Terms and Conditions are natural persons who conclude contracts for a purpose that can predominantly be attributed neither to their commercial nor to their professional activity.
§ 2 Conclusion of the contract
Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by e-mail.
§ 3 Storage of data
We store your order, as well as the entered order data. We will send you an order receipt confirmation by e-mail and then an order confirmation.
§ 4 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased item. To exercise your right of withdrawal, you must inform us (MARYLIN ROPER LOS ANGELES, Wiesendamm 129, 22303 Hamburg, e-mail: mail@marylin-roper.com) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 any fees because of 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 the goods to us without undue delay and in any case no later than within fourteen 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 period of fourteen days. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
§ 5 Exclusion/Expiration of the Right of Withdrawal
5.1 Pursuant to Section 312g (2) of the German Civil Code (BGB), a right of revocation shall not apply, inter alia, to contracts for 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, and it shall expire prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. We may refuse returns if the goods are worn and soiled. You have duties of care with respect to the goods and you are liable for any damage you cause. We reserve the right to claim compensation from you for goods returned used or damaged in any way by you. We reserve the right to claim compensation from you for goods returned used or damaged in any way by you. No new delivery can be made until we have received your returned goods.
5.2 We have made every effort to display as accurately as possible the colors and textiles of our products that appear on the Website. However, as computer screens vary in appearance, we cannot guarantee that the Products will exactly match those shown on the Website. If delivered items show obvious material or manufacturing defects, which also include transport damage, please complain about such defects to us immediately. For all defects of the purchased item occurring during the statutory warranty period, the statutory claims for supplementary performance, for defect removal/replacement as well as – if the statutory requirements are met – the further claims for reduction or rescission as well as, in addition, for damages, including compensation for damage instead of performance as well as compensation for your futile expenses, shall apply at your discretion. Insofar as we grant you a seller’s warranty, the details result from the warranty conditions, which are attached to the respective delivered item. Warranty claims are without prejudice to the statutory claims / rights.
5.3 Reduced items are excluded from return.
§ 6 Data processing
For all data processing procedures (e.g. collection, processing and transmission), we proceed in accordance with the statutory provisions. Your data necessary for the business transaction will be stored and passed on to service providers commissioned by us for order processing to the extent necessary. You declare that the information you provide to us is true, accurate, current and complete in all respects. You also agree to notify us of any changes to this information. You may object to the use, processing and transmission of your personal data for marketing purposes at any time by sending an informal message by post or e-mail (MARYLIN ROPER LOS ANGELES, Wiesendamm 129, 22303 Hamburg, e-mail: mail@marylin-roper.com). However, this does not apply to the data required to process your order. However, this does not apply to the data required to process your order. After receiving your objection, we will no longer use, process or transmit the data concerned for purposes other than processing your order.
§ 7 Prices
The prices listed on marylin-roper.com are Euro prices (including VAT). Until full payment, the goods remain our property.
§ 8 Payment methods
In principle you can pay by PayPal, Giropay, SOFORTÜBERWEISUNG or credit card. We reserve the right to offer you only certain payment methods for the requested delivery, for example, to hedge our credit risk only those according to the respective credit rating.
§ 9 Communication
You agree that contract-related communication may take place in electronic form.
§ 10 External linking
MARYLIN ROPER LOS ANGELES refers on its pages with links to other sites on the Internet. The following applies to all these links: MARYLIN ROPER LOS ANGELES expressly declares that it has no influence whatsoever on the design and content of the linked pages. Therefore we dissociate ourselves hereby expressly from all contents of all linked sides third on marylin-roper.com do not make ourselves these contents too own. This declaration applies to all displayed links and to all contents of the pages to which links lead.
§ 11 Image rights
All image rights are owned by MARYLIN ROPER LOS ANGELES or its partners. Use without express permission is not permitted.
§ 12 Customer service
If you have any questions, complaints or claims, please contact us. You can reach us by e-mail mail@marylin-roper.com
§ 13 Miscellaneous
13.1 The contract language is German.
13.2 The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure of the consumer arbitration boards.
13.3 If one or more provisions of these GTC are invalid, the remainder of the contract shall remain valid. If the provisions are invalid, the content of the contract shall be governed by the statutory provisions.