Terms

GENERAL TERMS AND CONDITIONS OF MARC CAIN GMBH


§ 1 Scope of Application and Definitions

The following General Terms and Conditions as last amended at the time of order shall govern the business relations between Marc Cain GmbH, Brunnenstraße 34, D-72411 Bodelshausen (hereinafter referred to as "Seller" or "Marc Cain"), and the customer (hereinafter referred to as "Customer") arising from transactions made in the Marc Cain Online Shop (www.marc-cain.com). Any individual agreement made with Customer (including any supplemental agreement, amendment and/or modification) shall prevail over Seller's General Terms and Conditions.

§ 2 Conclusion of a Contract and Order Process

  • Seller's web pages are just invitations to Customer to make an offer to enter into a purchase contract for the goods presented.
  • Customer can select products from Seller's range of products and add them to a so-called basket of goods by clicking the button "Add to basket". If Customer clicks the button "Order now", he/she makes a binding offer to purchase the goods which are in the basket. Before sending the Order, Customer may view and change the Order by clicking the button "Proceed to checkout". Customer's offer to contract can only be completed and transmitted if Customer accepts these General Terms and Conditions by clicking the button "Accept GTC" which then form part of his/her offer. Goods will only be delivered in quantities suitable for an average household.
  • Customer will automatically be sent an email message confirming receipt of the Order and listing the contents of Customer's Order, which Customer may print. This confirmation of receipt does not represent Seller's acceptance of the offer to contract but only proves that Seller has received the Order. The contract will not be concluded until Seller accepts the Order by separate email (Acknowledgement of the Order). Seller is entitled, but not obligated, to accept Customer's offer to contract within 14 days after Seller received it.
  • Seller does not accept orders from Customers who have not yet reached the age of 18.

§ 3 Display on Website

The colours of the goods displayed on the website may deviate slightly due to technical reasons.

§ 4 Registering for a Customer Account

  1. Seller offers to Customer the opportunity to register for a customer account in order to facilitate using the Online Shop. In that case, Customer will not have to enter all his/her details each time he/she wants to place an Order. The details will be stored in Seller's customer database and inserted in each new Order automatically.
  1. Seller requires the following details from Customer for registering a Customer Account: name, first name, address, date of birth, delivery address if applicable, and an email address. Customer has to enter these details into an input mask. They will be stored in Seller's customer database. The process will be completed by clicking the button "Register". Seller will protect the data stored in accordance with the applicable Data Protection Regulations. Seller's Privacy Statement, which can be viewed in the Online Shop at any time by clicking the button "Data protection", provides further details.
  1. After registering, Customer will automatically receive an email message confirming that his/her Customer Account is available. Customer's email address also serves as the username for the Customer Account. While registering, Customer is asked to create and enter a password. Customer may change this password after he/she logged in to his/her Customer Account. Customer shall keep his/her username and password confidential, must not disclose them to any third party, and is obligated to protect his/her username and password against unauthorized access. Customer shall be liable for any account misuse or password abuse.

§ 5 Delivery, Period of Delivery, Availability of Goods

  1. Unless otherwise agreed, delivery is made to the delivery address provided by Customer.
  1. Seller shall inform Customer of the expected date of delivery in the shipping confirmation. Seller's delivery dates and periods of delivery are non-binding information unless Customer and Seller have explicitly agreed that they shall be binding.
  1. If the goods Customer has selected are not available at the time of order, Seller shall notify Customer in its Acknowledgement of the Order. In that case, Seller's acceptance of Customer's offer to contract shall be limited to the goods which are available. A contract for goods which are not available will not be concluded.
  1. After the goods have been delivered to the forwarding agent, Customer will automatically receive an email message confirming shipment of the goods and including a Track Link which allows Customer to track the shipment of the goods.
  1. Partial shipments are not allowed. If any item of the goods Customer has ordered is not available immediately, the part of the Order concerned will be cancelled. The Acknowledgement of the Order will only list those items of the Order which are actually available. Consequently, the contract will only be concluded for the goods which are available and listed in the Acknowledgement of the Order.

§ 6 Prices, Shipping Charges

  1. All prices quoted on the web pages include VAT then applicable.
  1. Seller informs Customer of the shipping charges as well as of any additional charges in the order form. Customer has to bear the charges.

§ 7 Payment, Late Payment

  1. Marc Cain accepts only those methods of payment offered to Customer during the order process.
  1. If Seller has a rightful interest, Seller will automatically initiate an investigation of Customer's financial standing during the order process by sending an inquiry to a credit reporting agency. Whether and how the Order can be placed and the methods of payment offered depend on the result of this credit report. If Customer is not in good financial standing, Seller is also entitled to rescind all or part of the existing contracts for which Customer has not yet paid the purchase price although it is due and Customer has been reminded to make payment.

§ 8 Retention of Title

  1. Seller retains title to the goods delivered until the purchase price has been paid in full.
  1. Customer is obligated to notify Seller immediately in writing if the goods are attached or otherwise encroached upon by any third party, and to inform the third party of Seller's retention of title.

§ 9 Instruction on the Right to Revoke

Right to Revoke

The customer is entitled to submit a written notice (e.g. by letter, fax or E-Mail) of withdrawal from a contractual agreement within 14 days without providing justifications, or – if the goods are delivered to the customer before the expiry of the period of notice – also to withdraw from the agreement by returning the goods. The period permitted for withdrawal from the contract begins upon receipt of this information in writing, but not before the goods have been delivered to the recipient (in the case of repeated deliveries of the same type of goods, not until receipt of the first partial delivery) and also not until after compliance with the requirements for the supply of information by the selling party in accordance with item 246 clause 2 in conjunction with clause 1 paragraphs 1 and 2 of the Introductory Statute for the German Civil Law Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) as well as the duties of the selling party in accordance with clause 312g paragraph 1 sentence 1 of the German Civil Law Code (Bürgerliches Gesetzbuch, BGB) in combination with item 246 clause 3 of the EGBGB. In order to comply with the deadline for withdrawal from the contract, it is sufficient for the customer to send the withdrawal notice or to return the goods by the stipulated time. The withdrawal notice shall be sent as follows:

    1. if the notice of revocation is sent in writing:
      Marc Cain GmbH
      Online Shop
      Brunnenstr. 34
      D - 72411 Bodelshausen
    2. if the notice of revocation is sent by email: service@marc-cain.de
    3. if the notice of revocation is sent by fax: +49 (0) 7471 709 -5 4242
    4. if the offer is revoked by returning the goods:
      Marc Cain GmbH
      Logistics
      Steinstr. 46
      D - 72411 Bodelshausen

    Consequences of Revoking an Offer to Contract

In the case of a correctly submitted and effective notice of withdrawal, each party shall reimburse the other party for any services it has received from that party, and if appropriate, shall provide compensation for the use made thereof. If the customer cannot reimburse the selling party in full for the services received and for the benefits thereof (e.g. the advantages gained through the use of the services), if the customer can do so only in part, or if the customer can return or provide replacement for the items only in an unsatisfactory condition, the customer shall to the appropriate extent provide financial compensation to the selling party. The customer shall provide financial compensation for the deterioration of the goods and for the benefits obtained therefrom only in so far as the wear or the deterioration may be attributed to a particular way in which the customer has handled the goods, which extends beyond the checking of the relevant characteristics and of the functions. The “checking of the characteristics and the functions“ refers to the testing and trying out of the related goods, for example in such a way as may be possible and usual within the context of retail business. Goods which are capable of being dispatched as packages shall be sent back and the cost of dispatched charged to Marc Cain, who shall accept all related risk. Goods which are incapable of being dispatched as packages shall be collected from the customer. All commitments to reimburse payments shall be implemented within 30 days. The related deadline begins for the customer at the time of the dispatch of the notice of withdrawal or of the goods, and for Marc Cain at the time of their receipt.

    - End of instruction on the right to revoke -

§ 10 Warranty

  1. The warranty given for any faults or defects in the goods purchased is subject to the statutory provisions. The period of limitation of any warranty claim is two years after delivery of the goods.
  1. Any deviation in quality, colour, size, finishing, or design, of the goods which is customary in the trade or cannot be avoided due to technical reasons lying in the material shall not constitute a fault or defect.
  1. Customer shall not have any warranty claim if he/she has modified the goods and any such modification has caused the fault or defect.

§ 11 Information on Data Processing

It is very important to Marc Cain to protect Customer's personal data which Customer discloses to Marc Cain while he/she is using the Online Shop, and Marc Cain collects, stores and uses those personal data only in accordance with the applicable Data Protection Regulations. Those Data Protection Regulations can be retrieved in printable form.

§ 12 Liability

Marc Cain's liability shall be subject to the statutory provisions.

§ 13 Final Provisions

  1. Contracts made by and between Seller and Customer shall be governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Sales Convention.
  1. The invitation to treat within the scope of the Marc Cain Online Shop is made to consumers only.
  1. If any provision of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remainder of the provisions. The invalid provision shall be replaced by the applicable statutory provision. This shall apply mutatis mutandis if any gap in these General Terms and Conditions needs to be filled.
  1. All of Marc Cain's trademark rights are held by Marc Cain GmbH and must not be used without its explicit approval.
  1. If Customer has any questions or complaints or wants to make a suggestion referring to the Marc Cain Online Shop, he/she may use the email address service@marc-cain.de or the phone number +49 7471 709 – 4242, or write to the address provided in section § 9.

§ 14 Provider of the Website

The website provided under the domain name www.marc-cain.com is hosted by

Marc Cain GmbH
Brunnenstr. 34
72411 Bodelshausen
Germany

represented by its Managing Director:
Helmut Schlotterer

Phone: +49 (0) 7471 709 – 4242
Fax: +49 (0) 7471 709 – 5 4242
Email: info@marc-cain.de

Company Register
Amtsgericht [Local Court of] Stuttgart, HRB no. 380206