General terms and conditions of business
§ 1 Scope
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Marsen & Partner GmbH and the customer. Marsen & Partner GmbH does not recognize any deviating terms and conditions of the customer unless Marsen & Partner GmbH has expressly agreed to their validity in writing.
§ 2 Conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog. By clicking the "Order with payment" button, you place a binding order for the goods contained in your shopping cart. Confirmation of receipt of your order, along with acceptance of the order, will be sent via an automated email immediately after submission. This email constitutes the conclusion of the purchase contract.
Your order data, including these Terms and Conditions, will be stored by us after the contract has been concluded for the purpose of executing the contract. You can archive the order data by saving the web page displayed upon completion of your order and/or by saving our email confirming receipt of your order in our online shop. As long as our Terms and Conditions in this version are applicable to the conclusion of purchase contracts via our online shop, they are available to you via our website, within the scope of its availability, at the internet address www.charleslindgren.com/agb and on every sub-page of our website www.charleslindgren.com under the link "Terms and Conditions" in the lower section of the page. You can print and save the Terms and Conditions by using the usual functions of your internet service software (browser, e.g., under "File" and "Save As").
The contract is concluded in German.
§ 3 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Marsen & Partner GmbH, Markt 23, 26122 Oldenburg, telephone number: +49 (0)441 2050910, email address: lotse@charleslindgren.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You can use the attached model withdrawal form or notify us of your withdrawal in writing in another form.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Gift vouchers are converted into goods, but not redeemable for cash. Marsen & Partner GmbH may, as a gesture of goodwill, exchange a gift voucher in individual cases. However, there is no legal entitlement to this.
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts: Contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (individualized products).
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Marsen & Partner GmbH may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods. In this context, proof of shipment with proof of delivery is sufficient.
You must return or hand over the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to the address stated on the delivery note. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling by you that is not necessary to check the quality, properties, and functioning of the goods.
§ 4 Delivery
Unless otherwise agreed, delivery will be made from the Marsen & Partner GmbH partner warehouse to the delivery address specified by the customer. Information on product availability can be found on the website. Please note that all information regarding availability, shipping, or delivery of a product is only estimated information and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product.
If Marsen & Partner GmbH is unable to deliver the ordered goods through no fault of its own because Marsen & Partner GmbH's supplier fails to fulfill its contractual obligations, Marsen & Partner GmbH is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's statutory rights remain unaffected.
§ 4a Incorrect delivery
If the delivery is incorrectly assembled or the goods are faulty, Marsen & Partner GmbH will cover the return shipping costs. In this case, please provide us with the order number and the reason for the return.
§ 5 Individually designed products
You will provide us with the appropriate information or texts required for the individual design of the products before the conclusion of the contract.
You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this regard. This also applies to the costs of any legal representation required in this regard.
We do not check the transmitted data for accuracy and therefore assume no liability for errors.
The exchange of individually designed products is excluded.
§ 6 Shipping costs
All deliveries of goods within Germany are free of shipping costs.
§ 7 Due date, payment and default
The amount can be paid by credit card, PayPal or Klarna.
§ 8 Offsetting, retention
The customer is only entitled to a right of set-off if his counterclaims have been legally established or are undisputed by Marsen & Partner GmbH. Furthermore, he is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 9 Prices
The prices valid at the time of the order apply. Marsen & Partner GmbH reserves the right to change the prices stated in the catalog or online shop. All prices for goods or services include the applicable sales tax in Germany, Austria, and Switzerland at the time of the order.
§ 10 Retention of title
The delivered goods remain the property of Marsen & Partner GmbH until full payment has been made.
§ 11 Liability for defects
If the purchased item is defective, the statutory provisions apply. The assignment of these claims by the purchaser is excluded. If subsequent performance takes the form of a replacement delivery, the purchaser is obligated to return the initially delivered goods to Marsen & Partner GmbH within 14 days at Marsen & Partner GmbH's expense.
The return of defective goods must be made in accordance with statutory provisions. Marsen & Partner GmbH reserves the right to claim damages under the statutory conditions. The limitation period is twenty-four months from the date of delivery.
Marsen & Partner GmbH is liable without limitation if the cause of the damage is based on intent or gross negligence. Furthermore, Marsen & Partner GmbH is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the contract's purpose, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you regularly rely. In this case, however, Marsen & Partner GmbH is only liable for foreseeable, contract-typical damages. Marsen & Partner GmbH is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in cases of injury to life, limb, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
To the extent that the liability of Marsen & Partner GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Online Dispute Resolution
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link http://ec.europa.eu/consumers/odr/. We are not obligated to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure.
§ 13 Item descriptions
The images may vary slightly from the original colors due to differences in hardware and software. Please refer to the written description for details.
§ 14 Severability Clause
Should individual provisions of these General Terms and Conditions be legally invalid in whole or in part, or should they subsequently lose their legal validity, this shall not affect the validity of the General Terms and Conditions. The invalid provision shall be replaced by the statutory provisions. The same applies if the General Terms and Conditions contain an unforeseen loophole.
§ 18 Input errors
We provide you with appropriate, effective, and accessible technical means that allow you to identify and correct input errors before submitting your order. Before submitting your order, you can view and edit your order data by clicking on the "Shopping Cart" button or a button with a similar symbol.
§ 19 Codes of Conduct
We have not submitted ourselves to any codes of conduct.
§ 20 Special agreements on payment methods offered
no
§ 20.1 Payment via Klarna Checkout
In collaboration with Klarna, we offer the following payment options. Payment is made to Klarna in each case:
Instant bank transfer
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with
in accordance with applicable data protection regulations and the information in Klarna's privacy policy.
§ 20.2. Prices and payment terms
20.2.1 The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
20.2.2 The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled 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.
20.2.3 If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which you will have to bear.
20.2.4 You are responsible for any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment was made outside the European Union.
20.2.5 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
20.2.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.