General Terms and Conditions

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Alternative dispute resolution

Scope

1.1 These general terms and conditions (hereinafter “T&C”) of MaricaCouture Kleiderverleih, trading under the brand Maricacouture (hereinafter “seller”), apply to all contracts for the delivery of goods that a consumer or business (hereinafter “customer”) concludes with the seller regarding the goods presented by the seller in its online shop. The inclusion of the customer's own terms is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 A business within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation for the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or by asking the customer to pay after the customer has placed their order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If the customer selects a payment method offered by the seller via PayPal, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal user agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If a payment method offered via PayPal is selected, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that concludes the ordering process.

2.5 When an offer is submitted via the seller's online order form, the text of the contract is stored by the seller after conclusion of the contract and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending the order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login details.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The contract can only be concluded in German.

2.8 Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

3. Right of withdrawal

3.1 Consumers have a statutory right of withdrawal of 14 days for purchases in the online shop.

3.2 Further information on the right of withdrawal, the model withdrawal form and the online withdrawal function (“Withdraw from contract”) can be found in the seller’s Cancellation policy .

4. Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices given are total prices including statutory VAT. Any additional delivery and shipping costs are stated on the page Shipping & delivery and during the ordering process.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with the money transfer if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment options available to the customer are shown in the seller's online shop.

4.4 If a payment method offered via the payment service “Woopayments” is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Woopayments are shown to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, to which the customer will be referred separately if necessary. Further information on “Woopayments” is available on the internet at https://woocommerce.com/woopayments/ available.

4.5 If a payment method offered via the payment service “Klarna” is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms in this context can be found in the seller's payment information.

5. Delivery and shipping terms

5.1 If the seller offers shipping of the goods, delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing is decisive for the transaction. The delivery time within Germany is 2–4 working days; for other countries, the delivery times stated on the page Shipping & delivery apply.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the outbound shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the return costs are governed by the provisions of the seller's withdrawal instructions.

5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes upon handover of the goods to the customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to consumers upon handover of the goods as soon as the customer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event that the seller is not supplied correctly or on time and is not responsible for this. This only applies if the seller has concluded a congruent hedging transaction with the supplier concerned and the seller is not responsible for the non-delivery. The seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and any consideration already paid will be refunded immediately.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers are provided to the customer as follows:

by email by post by download 6. Retention of title

If the seller makes advance performance, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects (warranty)

7.1 Unless otherwise stated in the following provisions, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:

7.2 If the customer acts as a business,

the seller has the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from delivery of the goods; for used goods, rights and claims due to defects are excluded; the limitation period does not start again if a replacement delivery is made as part of the liability for defects.

7.3 If the customer acts as a consumer, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, subject to the restriction in the following clause.

7.4 The limitations of liability and shortened periods set out above do not apply

to claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, to goods that have been used for a building in accordance with their normal use and have caused its defectiveness, to any obligation of the seller to provide updates for digital products, or to contracts for the delivery of goods with digital elements.

7.5 In addition, for businesses, the statutory limitation periods for the right of recourse under § 445b BGB (German Civil Code) remain unaffected.

7.6 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations set out there, the goods are deemed to have been approved.

7.7 If the customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the delivery company and to inform the seller of this. If the customer does not do so, this has no effect whatsoever on their statutory or contractual claims for defects.

7.8 The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

7.9 The seller is liable without limitation on any legal grounds

in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, on the basis of a guarantee promise, unless otherwise provided in this regard, and on the basis of mandatory liability such as under the Product Liability Act.

7.10 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely.

7.11 Otherwise, any liability of the seller is excluded.

7.12 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

8. Redemption of promotional vouchers

8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

8.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

9. Redemption of gift vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter “gift vouchers”) can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining balances will be credited to the customer until the expiry date.

9.3 Gift vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.4 Several gift vouchers can be redeemed in one order.

9.5 Gift vouchers can only be used to purchase goods and not to purchase further gift vouchers.

9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity or lack of authority to represent of the respective holder.

10. Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

11. Alternative dispute resolution

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