MARNIE NOIR
General Terms and Conditions (GTC)
1 Scope of application and definitions
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded via the website www.marnie-noir.com between the artist MARNIE NOIR | Marnie Sy (hereinafter referred to as ‘Provider’) and the customer described in § 2 (hereinafter referred to as ‘Customer’).
1.2 Deviating terms and conditions of the Customer shall not be recognised unless the Provider has expressly agreed to their validity in writing.
1.3 The Customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
1 Scope of application and definitions
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded via the website www.marnie-noir.com between the artist MARNIE NOIR | Marnie Sy (hereinafter referred to as ‘Provider’) and the customer described in § 2 (hereinafter referred to as ‘Customer’).
1.2 Deviating terms and conditions of the Customer shall not be recognised unless the Provider has expressly agreed to their validity in writing.
1.3 The Customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.
2 Conclusion of contract
2.1 The customer can select products from the provider's range and place them in the ‘shopping basket’. By submitting the order via the ‘Buy now’ button, the customer submits a binding offer to purchase the goods in the shopping basket.
2.2 Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the ‘Accept terms and conditions’ button and has included them in his application.
2.3 The provider then sends an automatic confirmation of receipt by e-mail, which documents receipt of the order. This confirmation of receipt does not constitute acceptance of the contract. The purchase contract is only concluded when the provider expressly accepts the offer in a separate e-mail (order confirmation).
3 Prices and shipping costs
3.1 All prices stated on the website include the applicable statutory value added tax.
3.2 The shipping costs incurred are clearly communicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of a statutory right of cancellation.
3.3 The goods are dispatched by post. If the customer is a consumer, the supplier bears the shipping risk.
3.4 In the event of cancellation in accordance with § 7, the customer shall bear the costs of returning the goods, provided that the goods delivered correspond to those ordered.
4 Payment modalities
4.1 After placing the order, the customer receives a confirmation email with the payment information. The customer is obliged to transfer the invoice amount within 14 days to the provider's account specified in the confirmation email.
4.2 The goods will only be dispatched to the customer once payment has been received in full.
5 Warranty and guarantee
5.1 The supplier is liable for material defects in accordance with the statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
5.2 An additional guarantee only exists if this is expressly stated in the product description for the respective item.
6 Liability
6.1 Claims of the customer for damages are excluded, except in the following cases:
- Injury to life, limb or health,
- breach of essential contractual obligations (cardinal obligations),
- Damage caused by wilful or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
6.2 In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence.
6.3 The limitations of liability shall also apply in favour of the Provider's legal representatives and vicarious agents.
6.4 The provisions of the Product Liability Act remain unaffected.
7 Right of cancellation
7.1 The customer has the right to cancel the contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which the customer receives the goods.
7.2 To exercise the right of cancellation, the customer must send the cancellation in writing to the following address:
MARNIE NOIR, Marnie Sy, Marienstraße 28, 42105 Wuppertal, Germany
7.3 In the event of an effective cancellation, the services received by both parties must be returned. The customer only has to pay compensation for a possible reduction in value of the goods if this is due to handling of the goods that goes beyond checking the properties and functionality.
Shipping policy
Delivery times
The processing time for an order is usually 3 to 7 working days. The goods are dispatched once the order has been processed. The delivery time varies depending on the location and is approximately 6 to 8 working days.
7.3 Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren. Der Kunde muss für einen etwaigen Wertverlust der Waren nur dann aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist.
Versandbedingungen
Lieferzeiten
Die Bearbeitungszeit für eine Bestellung beträgt in der Regel 3 bis 7 Arbeitstage. Die Ware wird versandt, sobald die Bestellung bearbeitet worden ist. Die Lieferzeit variiert je nach Standort und beträgt ca. 6 bis 8 Arbeitstage.
Availability of goods and delivery
If a product is not available at the time of ordering, this will be communicated in the order confirmation. If a product is permanently unavailable, no contract will be concluded. If a product is temporarily unavailable, a notification will be included in the order confirmation. In the event of delivery delays of more than four weeks, both the customer and the supplier have the right to withdraw from the contract. In this case, any payments already made will be refunded immediately.
Retention of title
The goods remain the property of the supplier until full payment has been made.
Orders and prices
All orders are subject to availability and confirmation of the order price. In the event of price errors in the order, the customer will be informed in order to confirm or cancel the order at the corrected price. We reserve the right to change prices due to exchange rate fluctuations or economic factors. If your credit or debit card has already been charged, you will receive a full refund in the event of cancellation.
Conclusion of contract
By clicking on ‘Confirm and pay’ you enter into a binding obligation to pay for the products. The contract between you and Marnie Noir / Marnie Sy is only concluded when you receive an e-mail confirmation that the order has been dispatched.
Shipping partner
Shipping is carried out by DHL or another authorised delivery service.
Customs duties
International orders may be subject to customs and tax charges which are beyond our control and are determined by the relevant customs office. Please check with your local customs office for possible charges.
Problems with your order
If your order is delayed or there are problems with your order, please check:
- Your dispatch confirmation email for any errors in the delivery address.
- Whether the parcel is at the local post office.
- Whether the courier has left the parcel with neighbours.
If the address was correct and the parcel cannot be found, please contact us at [your support email] with your order number. If the address details are incorrect, we can send you a replacement order, but at your own expense.
Return policy
Right of cancellation
You have the right to cancel the contract within 14 days without giving any reason. The cancellation period begins after receipt of the goods. To meet the deadline, it is sufficient for you to send the cancellation or the goods within the deadline.
Consequences of cancellation
In the event of cancellation, any goods or services received must be returned. If you return the goods in a deteriorated condition, compensation may be required. The compensation only applies if the deterioration is the result of use that goes beyond normal testing. Goods that can be sent by parcel post are returned at our risk.
Refunds and exchanges
Refunds are only offered for incorrectly delivered or damaged items. If you find such a case, please contact us within one week, including photos of the item and your order number.
Please note: Due to working with a print-on-demand service provider who only produces items once they have been ordered, exchanges are currently not possible. To avoid unnecessary production, please check the size charts before ordering. If an item is incorrectly labelled, please inform us within one week of receipt.
Dispatch tracking
Once your order has been dispatched, you will receive a tracking link by email. If you have any questions about tracking, please contact marnienoir@gmx.de.
Environmentally friendly production
Our products are made to order to avoid overproduction. We therefore ask you to order consciously and environmentally friendly.
For further questions or assistance, please contact our customer service at marnienoir@gmx.de.
Shipping policy
8 Intellectual property
8.1 MARNIE NOIR | Marnie Sy owns all rights to the website and the content published on it, unless expressly labelled otherwise.
8.2 The content may only be used for private purposes. Commercial use is only permitted with the express authorisation of the author Marnie Noir I Marnie Sy.
8.3 It is prohibited to use the ‘MARNIE NOIR’ logo or other copyrighted works of the provider without prior written consent.
9 Final provisions
9.1 The law of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a merchant, the place of jurisdiction for all disputes arising from contractual relationships is the registered office of the provider.
9.3 The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable.
Contact
If you have any questions about these GTC or other concerns, please contact
MARNIE NOIR, Marnie Sy, Marienstraße 28, 42105 Wuppertal, Germany E-mail: marnienoir@gmx.de