1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Reservation of Proprietary Rights
  7. Warranty
  8. Redemption of campaign vouchers
  9. Redemption of gift vouchers
  10. Applicable Law
  11. Alternative dispute resolution
  12. Giveaway Conditions

1. Scope of Application

1.1. These General Terms and Conditions of the company MYMARINI GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2. Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.3. For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.

1.4. A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.

1.5. Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.

2. Conclusion of the Contract

2.1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2. The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, e-mail, postal service or per online contact form.

2.3. The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4. If the Client chooses "PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE.

In case the Client has no PayPal account, the conditions for payments without PayPal account will apply which can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US.

If the Client chooses “PayPal Express” as payment method, he initiates also a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller declares his acceptance of the Client’s offer already at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.

2.5. When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6. Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7. The German and the English language are exclusively available for the conclusion of the contract.

2.8. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3.1. Consumers are entitled to the right to cancel.

3.2. Detailed informations about the right to cancel are provided in the Seller’s instruction on cancellation.

4. Prices and Payment Conditions

4.1. Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2. Payment can be made using one of the methods mentioned in the Seller’s online shop.

4.3. In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be taken over by the customer. For example these include costs of transferring money through credit institutions (for example transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but if the customer makes the payment from a country outside the European Union.

For more information see also:
https://ec.europa.eu/taxation_customs/business/calculation-customs-duties/what-is-common-customs-tariff/taric_en

For import VAT at:
http://auskunft.ezt-online.de/ezto/Welcome.do

Especially for Switzerland:
http://xtares.admin.ch/tares/login/loginFormFiller.do;jsessionid=eIK1zcL26x3MJf96E9RFXoCUU5fEExbHQO5XdB4K7ZYPB8x0ELzI!172876986?l=en

4.4. If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

4.5. When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

5. Shipment and Delivery Conditions

5.1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.

5.2. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

5.3. Personal collection is not possible for logistical reasons.

5.4. Vouchers will be provided to the Client as follows:

- by e-mail

6. Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

7. Warranty

7.1.  Should the object of purchase be deficient, statutory provisions shall apply.

7.2.  The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

8. Redemption of campaign vouchers

8.1. Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

8.2. Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

8.3. Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

8.4. Only one campaign voucher can be redeemed per order.

8.5. The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

8.6. If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

8.7. The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

8.8. The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

8.9. Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

9. Redemption of gift vouchers

9.1. Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

9.2. Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

9.3. Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

9.4. Only one gift voucher can be redeemed per order.

9.5. Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

9.6. If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

9.7. The gift voucher credit will not be redeemed in cash and is not subject to any interest.

9.8. The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.

10. Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

11. Alternative dispute resolution

11.1. The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

11.2. The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

12. Giveaway Conditions

12.1. Coverage of application

These terms and conditions of participation apply to all raffles conducted by MYMARINI GmbH, Eppendorfer Weg 86, 20259 Hamburg (hereinafter referred to as "Organizer"). By participating, each participant accepts these terms and conditions of participation. This competition is not affiliated with Instagram. It is in no way sponsored, supported or organized by Instagram and does not create any legal claims against Instagram. All information in this contest is provided solely by the organizer.

12.2. Participation

12.2.1. Any natural person in his/her own name with a minimum age of 18 years is entitled to participate. Participants who have already reached the age of sixteen, but are not yet of legal age, may only take part in the raffle with the consent of their legal guardians.

12.2.2. Excluded from participation are minors under the age of 16 years and persons without legal capacity.

12.2.3. The organizer reserves the right to exclude persons from participation who violate these terms and conditions of participation or who obtain or wish to obtain an advantage over other participants by improperly influencing or manipulating the raffle. In such cases, the Organizer may also exclude participants from the competition retroactively, forfeit prizes and reclaim them.

12.2.4. Participation is only possible within the time limit specified in the description of the competition. Each participant may only participate once in an identical competition.

12.2.5. Excluded from participation in the competition are employees of the competition organizer as well as employees of the companies involved in this competition and their direct relatives.

12.2.6. Eligible participants are persons residing in the EU.

12.3. Execution of the raffle

12.3.1. Prerequisite for participation in the contest is a comment on the Instagram presence of the organizer or the re-positioning of a photo on Instagram. Which action is to be taken can be taken directly from the competition participation page. If a further prerequisite for participation in the raffle is necessary, this is directly stated in the description of the raffle. The raffle will be held within the specified period. All participants who meet the requirements mentioned under items 2 and 3 by the respective time of the draw will be considered for the competition. Immediately after expiry of the participation period, the winner will be drawn at random from among the participants.

3.2 Any change or cash payment of the prize is excluded. The prize is not transferable.

12.4. Processing of winnings

12.4.1. The winner will be notified by the Organizer by e-mail or electronically (via Instagram Direct Message). With respect to the prize, each entrant so notified shall be required to inform the Organizer within one month of the date of dispatch of the notification whether he accepts the prize. If the Organizer does not receive such notification within this period, the possibility of accepting the prize shall be forfeited and the Organizer reserves the right to identify and notify another Participant accordingly.

12.4.2. If the contact details provided by the participant are incorrect (e.g. e-mail address), the Organizer is not obliged to determine the correct data. Any disadvantages resulting from the provision of incorrect contact details (e.g. incorrect e-mail address) shall be borne by the participant.

12.5. Liability for defects

The Organizer shall only be liable for damages incurred by the winner due to material and/or legal defects in the event of malice, intent or gross negligence. Any other liability for material and/or legal defects is excluded.

12.6. Premature termination, adjustment or modification of the giveaway

Early termination, adjustment or modification of the raffle The organizer is entitled to terminate, adapt or change the competition prematurely at any time without prior notice and without stating reasons, if a proper execution of the competition cannot be guaranteed without appropriate measures for technical or legal reasons.

12.7. Data protection

12.7.1. The Organizer uses the data of the participants received in the course of participation in the competition to carry out and process the competition. You can object to the storage and use of your data for this purpose at any time by sending a message to the contact option described below.

7.2 The Organizer reserves the right to publish the name of the winner on a competition page, provided the winner has not objected to this.

7.3 Upon textual request to the Organizer, the participant will be informed about the personal data stored about him/her and has the opportunity to correct this data.

12.8. Intellectual property/ rights of use/ exemption agreement

12.8.1. The participant affirms that all images published by him do not violate the rights of third parties and that the participant alone is entitled to dispose of the rights to the published images without restriction and free of rights of third parties. The participant further declares that he has not made any disposition of the rights contrary to these Terms of Use or will not make any dispositions in the future.

12.8.2. With regard to the published images, the Participant grants the Organizer a simple right of use, unlimited in time and place, with regard to all types of use for publication on the Instagram Page, the Facebook Page and this website. Furthermore, the Organizer is granted the right to grant simple sublicenses. Furthermore, the organizer is granted the right to edit the images submitted by the participant, which entitles the Organizer to edit and/or rearrange the template using analog, digital or other editing options while respecting the copyright.

12.8.3. If the participant violates the copyrights, industrial property rights, labelling rights or other property rights of a third party, the participant undertakes to indemnify the Organizer in full from all justified claims of the third party arising from the violation of rights. The participant is also obliged to bear the costs of the necessary legal defence including all court and lawyer's fees, this does not apply if the participant is not responsible for the infringement.

12.9. Applicable law

Applicable law The law of the Federal Republic of Germany shall apply to all legal relations between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

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