AGB
General Terms and Conditions (AGB)
Contract conditions within the framework of purchase contracts concluded via the platform https://www.merle-marie.com
between
Merle-Marie Koske
Dortmunder Strasse 101
40472 Düsseldorf
– hereinafter referred to as "Provider" –
and
the users of this platform referred to in § 2 of these AGB – hereinafter referred to as "Customer(s)" –
§ 1 Scope of Applicability
For the business relationship between the Provider and the Customer, exclusively the following General Terms and Conditions in their valid version at the time of the order apply. Deviating conditions of the Customer are not recognized unless the Provider expressly agrees to their applicability in writing.
§ 2 Conclusion of Contract
(1) The Customer can select products from the Provider's range and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Buy Now" button, the Customer submits a binding offer to purchase the items in the shopping cart. Before sending the order, the Customer can change and view the data at any time.
(2) The Provider will then send the Customer an automatic confirmation of receipt via email with the subject "Confirmation of Your Order at Merle-Marie," in which the Customer's order is listed again and can be printed using the "Print" function. In this email or in a separate email, but at the latest upon delivery of the goods, the Provider will send the contract text (consisting of the order, AGB, and order confirmation) to the Customer on a permanent data carrier (email or paper printout). The contract text will be stored in compliance with data protection regulations.
(3) The conclusion of the contract takes place in the following languages: German.
§ 3 Delivery, Product Availability, Payment Terms
(1) The delivery times specified by us are calculated from the date of our order confirmation (§ 2 (2) of these AGB), provided that the purchase price has been paid in advance.
(2) If the product specified by the Customer in the order is temporarily unavailable, the Provider will inform the Customer promptly. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. Any payments already made by the Customer will be refunded promptly.
(3) The following delivery restrictions apply: The Provider only delivers to Customers who have their usual residence (billing address) in one of the following countries and can specify a delivery address in the same country: Germany.
(4) The Customer can make payment via PayPal or bank transfer.
(5) The payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline.
§ 4 Retention of Title
Until full payment of the purchase price, the delivered goods remain the property of the Provider.
§ 5 Prices and Shipping Costs
(1) All prices stated on the Provider's website include the applicable statutory value-added tax.
(2) In the event of a cancellation, the Customer bears the direct costs of returning the goods.
§ 6 Warranty for Defects
(1) The Provider is liable for defects in quality in accordance with the applicable legal provisions, particularly §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods supplied by the Provider is 12 months.
§ 7 Liability
(1) Claims for damages by the Customer are excluded. This does not apply to claims for damages arising from injury to life, body, or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages caused by intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a violation of essential contractual obligations, the Provider is only liable for typical, foreseeable damages caused by simple negligence, unless it involves claims for damages arising from injury to life, body, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of the Provider’s legal representatives and agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 8 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the Provider and the Customers, excluding the UN Sales Convention and international private law.
(2) If the Customer is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the location of the Provider.
(3) The contract remains binding even if individual points are legally ineffective. The statutory provisions will apply in place of the ineffective points, if available. If this would result in unreasonable hardship for one contracting party, the contract shall be void in its entirety.
All artworks are the sole property of Merle-Marie Art and are thus protected by copyright.