Terms and Conditions

General Terms and Conditions

for the online shop at the URL

https://www.marrowzeu.com

operated by

Marrowz EU GmbH
Unterthal 32
87730 Bad Grönenbach
Email: info@marrowzeu.com
Phone number: +491705254409

- hereinafter referred to as: Provider -

 

1. Scope

These General Terms and Conditions (GTC) apply after their inclusion to all contracts for the purchase of goods, services or other items (hereinafter "Goods") in the online shop at the aforementioned URL in their version valid at the time of the conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract, unless the provider explicitly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop represent a non-binding invitation from the provider to online shop visitors to submit an offer for the purchase of the goods offered in the shop.

2.2 The order of the goods is made via the provider's online order form. After selecting the desired goods, entering all requested mandatory information and going through all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer for the purchase of the selected goods. The contract is concluded when the provider accepts the customer's offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by email) (order confirmation) and this order confirmation is received by the customer, or by delivering the ordered goods and these goods are received by the customer, or by requesting payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request is received by the customer; the time of conclusion of the contract is the time when one of the alternatives mentioned in the first half-sentence first occurs.

2.3 Before submitting a binding order via the provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The provider will store the contract text after the conclusion of the contract and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.

2.5 The following languages are available for the conclusion of the contract: German

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3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the cancellation policy, which will be provided to every consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT and any shipping costs listed. The customer will be informed about the available payment options in the provider's online shop.

4.2 If "purchase on account/invoice purchase" is agreed, payment is due immediately after conclusion of the contract, unless a different payment term has been specified in the invoice or in the purchase process.

4.3 If "SEPA direct debit" is agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer will be informed when to expect the debit of the agreed purchase price (pre-notification). The direct debit will not take place before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient account balance, incorrect bank details or other reasons for which the customer is responsible, the customer shall bear any resulting chargeback fees, provided that the customer is responsible for the failure of the direct debit.

4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.

4.5 If payment via "PayPal" is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.6 If "Sofortüberweisung" is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out by Sofort GmbH, Theresienhöhe 12, 80339 Munich.

4.7 If "Apple Pay" is selected as the payment method, payment processing is carried out by the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after conclusion of the contract.

4.8 If "Google Pay" is selected as the payment method, payment processing is carried out by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after conclusion of the contract.

4.9 If "VISA" is selected as the payment method, payment processing is carried out by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, Great Britain. Payment is due immediately after conclusion of the contract.

4.10 If "Klarna" is selected as the payment method, payment processing is carried out by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g. instalment purchase, invoice purchase). Payment is - unless otherwise stated - due immediately after conclusion of the contract.

4.11 If Giropay is agreed, the purchase price is due immediately after conclusion of the contract. Payment processing is carried out by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.

5. Retention of Title

The purchased goods remain the property of the provider until full payment of the purchase price.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 For freight forwarding deliveries, delivery is "free curbside" unless otherwise agreed. This means delivery to the nearest public curbside to the specified delivery address.

6.3 Self-collection of the purchased goods is excluded.

6.4 If the provider cannot deliver the ordered goods because he himself was not supplied through no fault of his own, although he concluded a congruent covering transaction with a reliable supplier in good time, the provider is released from his obligation to perform and can withdraw from the contract. The provider is obliged to inform the customer immediately about the impossibility of performance. Any consideration already provided by the contractual partner will be refunded immediately. Mandatory consumer law remains unaffected by this paragraph.

7. Warranty

The provisions of the statutory warranty for defects apply.

8. Liability and Indemnification

8.1 The provider is liable without limitation:

  • for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
  • for damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
  • due to a guarantee promise, insofar as no other regulation has been made in this regard;
  • due to mandatory liability (e.g. according to the Product Liability Act)

8.2 If the provider negligently breaches a material contractual obligation, its liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies.

8.3 In all other respects, liability of the provider and the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the provider from any claims of third parties – including the costs for legal defense in their statutory amount – which are asserted against the provider due to unlawful or contractual actions of the customer.

9. Data Protection

The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the provider's privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer habitually residing in the EU being deprived of mandatory statutory provisions of the law of their state of residence. 

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the provider's registered office is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a domicile within the European Union. The registered office of our company can be found in the heading of these GTC.

10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected thereby.

11. Information on Online Dispute Resolution / Consumer Arbitration

The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our email address can be found in the heading of these GTC.

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