Terms & Conditions
General Terms & Conditions
The following General Terms & Conditions are part of every contract that a buyer closes on the Online Shop of MARCUS HANUY, www.marcushanuy.com
1. Scope / Definition of Consumer
Our General Terms & Conditions shall become part of purchase agreements with the MARCUS HANUY concerning products offered on the internet page of the MARCUS HANUY. A consumer is defined as a party that concludes a contract for reasons that cannot be imputed to commercial nor self-employed professional activities.
2.1. Our offers concerning the range of goods are non-binding and subject to change without notice.
2.2. The order of the goods by the customer, which is placed by clicking the button “buy”, is considered a binding contract proposal. Upon receipt of the order, the customer shall receive an automated e-Mail confirming the receipt of the order placed, as well as the order details (Confirmation of Receipt). This confirmation of receipt does not constitute acceptance of contract. You are bound to your contract proposal and we are entitled to accept this contract proposal within 10 calendar days after receipt by us. The acceptance is made by an email with confirming the purchase contract acceptance or delivering the merchandise to the customer.
3. Right of Revocation for Consumers
You may declare the revocation of your contractual order in text form (e.g., letter, fax, e-mail) or by returning the purchased goods within a period of fourteen (14) days without giving reasons.
The revocation period shall begin on the day you or a third party determined by you receive/receives the goods. If your order is delivered in more than one package, the revocation period shall begin on the day you or a third party determined by you receive/receives the last package of an order. The shipping company is not considered to be a third party determined by you.
To declare the revocation of your contractual order, you must send us: MARCUS HANUY, email@example.com an unambiguous statement (e.g., via mail, telefax or email) that you decided to revoke your contractual order. You can also use our revocation form (click here to download), however you are not obliged to use this form.
In order to revoke your contractual order within the revocation period, it is sufficient that you send the revocation declaration within the revocation period.
Consequences of Revocation
In case of a valid revocation, we have to reimburse all your payments to us, including shipping costs (except for the additional costs that were incurred because you wished a shipping mode that is different than the cheapest standard shipping mode we offered on our website), forthwith and latest within 14 days from the day, on which we received your revocation declaration. In order to reimburse you the payments, we will use the same payment mode that you used for the payments, except if something else was agreed with you expressedly; in no event you will bear any costs of the reimbursement payments.
We can withhold the reimbursement payment until we receive the returned goods or until you deliver to us a confirmation of the shipping of the goods, whichever is earlier.
You have to send or to deliver the goods forthwith and latest within 14 days from the day, on which we received your revocation declaration to the address provided to you by our Customer Service Team. In order to comply with this deadline, it is sufficient that you send the goods within this deadline.
You bear the immediate costs of shipping the goods back to us. However, we bear the risk of loss of the shipping. Our duty to bear the shipping costs resulting from other legal grounds shall prevail.
You are only obligated to compensate for material deterioration to the extent that the deterioration is attributable to handling the goods in a manner that goes beyond checking its characteristics and functionality. “Checking its characteristics and functionality” is understood to mean testing and trying out the merchandise as it is possible and customary in a physical retail establishment.
End of Revocation Instruction
4. Pricing and Shipment
All prices noted are EUR-prices and include VAT.
The in addition to the purchase price occurring Delivery and Shipping Costs are to be paid by the buyer. These costs are displayed on the product pages, shopping card page and summary of order page.
Payment mode is always the option of the customer by credit card (VISA, Mastercard or American Express) and PayPal.
6. Delivery6.1. We are entitled, to a reasonable extent, to make partial deliveries/short shipments.
In the event of defectiveness of the delivered merchandise, the buyer is entitled to statutory rights (Sections 434 following of the German Civil Code).
9. Liability for Damages
9.1. Our liability for damages, irrespective of legal ground (in particular in the cases of delay, defects or other breaches of duty) is limited to the contract coherent, foreseeable damages. For slight negligence we are only liable for breach of contractual obligations, whose fulfilment of the purpose of the contract is of special importance (cardinal obligations). Moreover, a liability for damages of any kind, irrespective of whatever basis for claim, is excluded. The limitations of liability shall also apply to the legal representatives, officers and other agents.
9.2. The above limitation shall not apply to our liability for willful misconduct or gross negligence, for injury to life, limb or health or according to the product liability law.
10. Data Privacy
11.1. All contracts with us are governed by the law of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. Should any provision within this agreement be ineffective or contain a void, the remaining provisions shall remain unaffected.
Stand: February 2017