Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Ebru Tanrikulu MARECLO) via the website www.mareclo.com. Unless otherwise agreed, any terms and conditions you may use will be rejected.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be led to the order overview page in our online shop or redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, on the website of the instant payment system provider or after you have been redirected back to our online shop, the order data will be displayed as an order overview. Before submitting the order, you have the opportunity to check the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order. By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g., by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout" If you select a payment method offered via "PayPal" / "PayPal Checkout", 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; "PayPal"). The individual payment methods via "PayPal" are shown to you under a correspondingly designated button on our website and in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via "Shopify Payments" If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out by the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are shown to you under a correspondingly designated button on our website and in the online ordering process. Stripe may use other payment services for payment processing; if special payment conditions apply to these, you will be informed of them separately. Further information on Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.
§ 4 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following additional conditions apply: a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before ownership of the reserved goods has passed. b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the
claim ourselves. c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) Statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies deviating from the above warranty regulations: a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public praise and statements by the manufacturer. b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement. If the rectification of the defect fails, you may, at your discretion, demand a reduction or withdraw from the contract. The rectification of the defect shall be deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods. c) The warranty period is one year from the delivery of the goods. The reduction of the period does not apply:
- for culpably caused damages attributable to us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with defect rights.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
II. Customer Information
1. Identity of the Seller Ebru Tanrikulu MARECLO Alt Oberliederbach 40 65835 Liederbach Germany Telephone: +491732753686 E-mail: info@mareclo.com We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text 3.1. The contract language is German. 3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3. In the case of offer requests outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., by e-mail, which you can print out or save electronically.
4. Codes of Conduct 4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods 6.1. The prices quoted in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes. 6.2. The applicable shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised. 6.3. Any costs incurred for money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union. 6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 6.5. Unless otherwise specified for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Delivery conditions 7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer. 7.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory liability for defects Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I). These General Terms and Conditions and customer information were created by lawyers specializing in IT law from Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.