General Terms and Conditions
1.1 These general terms and conditions (“terms”) apply to all orders and the purchase of goods that the customer (“customer” or “you”) makes with us via MarthaLouisa.com GmbH or any other means, as well as for all our related deliveries and services. Your contractual partner is MarthaLouisa.com GmbH, Einsteinring 4-8, 85609 Aschheim, Germany, (“we”), and which operates MarthaLouisa.com GmbH and the associated web shop.
1.2 These terms apply in the version valid at the time when you place your order. We reserve the right to change the terms from time to time or to adapt them in accordance with the applicable laws and therefore kindly ask you to check the then current terms for each of your purchases.
1.3 We do not accept any deviating terms and conditions. This also applies if we do not expressly object any such terms and conditions.
2. Order and conclusion of contract
2.1 The presentation of goods under MarthaLouisa.com GmbH shall not be considered a binding offer from us. The goods you have selected are collected in a virtual shopping cart. Goods in the shopping cart are not reserved for you and can be purchased in the meantime by other customers. After entering your contact details, payment and shipping information, you submit a binding offer yourself by clicking the order button. Before confirming your order, you have the opportunity to check your details and make changes or correct errors if necessary. Your binding order can only be submitted if you have explicitly accepted these terms and conditions.
2.2 After receiving your order, we will immediately confirm the receipt of your order by e-mail to the e-mail address provided by you. This confirmation of receipt includes all information about your order. Please note that this confirmation of receipt shall not be considered an acceptance of your purchase offer but is for your information only.
2.3 The contract is only concluded by our express order confirmation by e-mail, or by shipment of the ordered goods.
2.4 We have the right to reject your offer without giving reasons. This might be the case in particular if the delivery is legally not permitted, if any fraud and credit check results are negative, or if due to the circumstances we suspect that that the goods are purchased by you for commercial resale or that the order is made otherwise fraudulently or abusively.
3. Delivery terms
3.1 We deliver to customers who have their usual residence in one of the countries designated in the order process (order and billing address). Generally, we deliver only to the country of the billing address, unless otherwise permitted in the ordering process. Not all products are available for sale and delivery to all countries. We deliver exclusively to consumers and in each case in normal household quantities only.
3.2 We only deliver by shipment. You may not collect your goods personally. We do not deliver to packing stations, post boxes or “poste restante”. All orders require a signature on receipt.
3.3 Unless otherwise specified, the shipment will be made to the delivery address you have specified. We deliver in Germany within up to three working days and in other countries within up to six working days, in each case after order confirmation and receipt of payment. We may inform you about deviating delivery times and, if applicable, additional shipping costs in connection with the relevant display of goods or as part of the ordering process. The prices and any applicable shipping costs are displayed in the order mask before you submit the order and we will also include them in our order confirmation.
3.4 We are entitled to partial shipments to the extent this is reasonably acceptable to you. In such case, the applicable shipping costs are incurred only once.
3.5 Should the delivery of the goods fail due to your fault and despite three delivery attempts, we may withdraw from the contract.
3.6 If the ordered goods are not available because we are not supplied with these goods, or not correctly or not on time by our own suppliers, and if we inform you about this without undue delay, we may withdraw from the contract. This shall not apply if we have explicitly assumed the risk of obtaining the ordered goods.
3.7 In case of withdrawal under section 3.5 or 3.6, we will immediately refund the relevant payments for goods not delivered (including the corresponding shipping costs paid by you); for any such refund we will use the same payment method that you used to make your payment.
4. Prices, shipping costs and retention of title
4.1 All prices at MarthaLouisa.com GmbH apply as displayed at the time of ordering.
4.2 Prices for shipment to countries of the European Union (“EU”) are set out in Euros (EUR), except for prices for shipment to the UK that are set out in British Pounds (GBP). Prices for shipment to Switzerland are set out in Swiss Francs (CHF), for shipments to the US and Canada are set out in US Dollars (USD) and for shipments to Hong Kong are set out in Hong Kong Dollars (HKD). Prices for shipment to all other countries are set out in Euros (EUR). The price displayed when you submit your order is the price you pay; this applies independently of exchange rate fluctuations. Any reimbursements are also made based on the initial price you paid, independently of exchange rate fluctuations.
4.3 The prices quoted for deliveries to countries in the EU include value added tax as applicable in Germany, unless expressly indicated that for deliveries to a destination in the EU (other than Germany) the local value added tax will be applied; for deliveries to countries outside the EU, the prices are exclusive of value added tax.
4.4 For deliveries to countries outside the EU, we differentiate between countries to which we delivery on a Delivery Duty Paid (“DDP”) or on a Delivery Duty Unpaid (“DDU”) basis. DDP means that all relevant customs, duties and other local sales taxes are included in the displayed product price; DDU means that they are excluded.
4.5 We deliver to the following countries on a DDP basis: Switzerland, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, Singapore, South Korea, Japan, Australia, Canada and United States. For the US customs duties and processing fees are included in the product price but we do not collect sales tax. There are no customs duties or taxes applicable for deliveries to Hong Kong or Macau.
4.6 To all other countries (other than those set out in 4.5 and the EU) we deliver on a DDU basis. For those countries, product prices displayed are exclusive of German VAT and all other import duties, customs or sales taxes. As the recipient, you are liable for all import duties, customs or sales taxes levied by the country you request shipment to; payment of these is necessary to release your order from customs on arrival of the goods. For this purpose, the carrier will contact you once the ordered goods are in customs to let you know the cost. Please note that this may delay delivery of ordered goods as it will be your responsibility to make the necessary payments to local authorities to release the goods.
4.7 The shipping costs are stated separately during the ordering process and may depend on the order quantity and the shipping method you select. The goods will be shipped with the specified service provider and the selected shipping method. Detailed information is made available under MarthaLouisa.com GmbH and during the order process before you submit your order.
4.8 We insure each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you are not the receiver of your purchase (for example a gift order) then the person who signs for the package confirms receipt and is accountable for the package.
4.9 The delivered goods remain our property until full payment of the purchase price.
5. Terms of payment, set-off and right of retention
5.1 We generally offer you the following payment methods: credit card (VISA®, Mastercard®, AMEX®), PayPal® and Amazon® Pay; please note that for certain goods or destinations not all payment methods may be available.
5.2 If the payment is processed by an external payment system provider, the processing of your payment is subject to the processing terms of such payment service provider.
5.3 In case of payment by credit card, PayPal and Amazon Pay the debiting of your corresponding payment account at your provider occurs upon shipment of the ordered goods by us.
5.4 If you pay with a credit card or use any other payment method based on an account not denominated in the currency displayed at your purchase, your account will be charged on the basis of the applicable exchange rate as applicable on the day your payment card issuer or payment service provider processes the transaction and as determined by such issuer or provider.
5.5 You agree that you will receive invoices and credit notes in electronic format only.
5.6 We are entitled to charge a standard reminder fee at the amount of EUR 5.00 per reminder if you are in default of payment. This shall not apply if you can prove that we suffered no damage or a damage materially lower than at the amount of EUR 5.00 in connection with our reminder.
5.7 You are not entitled to set off against our claims, unless your counterclaims have been confirmed by a final and binding court decision or are undisputed. You are also entitled to offset against our claims if you assert claims for defects or counterclaims from the same purchase contract. You may exercise any retention rights against us only if your counterclaim results from the same purchase agreement.
6. Promotional vouchers
6.1 Promotional vouchers are vouchers that cannot be purchased, but that are issued by us voluntarily as part of promotional activities or for reasons of goodwill and that are valid for a period specified by us.
6.2 The conditions of use are provided by us in connection with the individual promotional activity. Promotional vouchers may in particular be limited to the purchase of certain goods or brands as well as a minimum order value. Any such order value is calculated without shipping costs, unless other specified by us.
6.3 Promotional vouchers can only be redeemed during the specified period. Only one single voucher can be redeemed per order. The combination with other promotional vouchers or other vouchers as well as the refund or payment in cash are excluded. The above limitations also apply if the goods purchased are returned after a withdrawal or for any other reason; in such cases, we will only refund the payment actually made by you (excluding the value of the promotional voucher that was used).
6.4 Payment with the promotional voucher for an order at MarthaLouisa.com GmbH is made by entering the voucher code in the relevant field during the ordering process and then confirming the use by clicking the corresponding confirmation button.
6.5 When using a promotional voucher, the order value must be at least equal to the amount of the promotional voucher. Any difference to a higher order value can be compensated by payment using one of the offered payment methods.
6.6 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is excluded. Promotional vouchers are not transferable.
6.7 If the use of a promotional voucher is tied to a minimum order value, we may charge you the original price of the goods you retain if, because of your withdrawal from your purchase, the remaining order value falls below the respective minimum order value of the promotional voucher.
7. Gift vouchers
7.1 Gift vouchers are vouchers that you may purchase from us. These vouchers can only be used for the purchase of goods under MarthaLouisa.com GmbH and not for the purchase of other gift vouchers. A difference to a higher order value can be compensated by payment with one of the offered payment methods. Refund or payment in cash are excluded; your statutory right of withdrawal remains unaffected.
7.2 Payment with the gift voucher for an order at MarthaLouisa.com GmbH is made by entering the voucher code in the relevant field during the ordering process and then confirming the use by clicking the corresponding confirmation button.
7.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is excluded.
8. Statutory right of withdrawal
8.1 As a consumer you have a legal right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to his or her commercial nor to his or her professional activity. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is material or which are clearly tailored to the personal needs of the consumer.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (MarthaLouisa.com GmbH, Einsteinring 4-8, 85609 Aschheim, Germany, Telephone: 800-933-754, Fax: +49 89 452 033 150, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold the reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us (MarthaLouisa.com GmbH, Einsteinring 4-8, 85609 Aschheim, Germany), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the direct cost of returning the goods if you use the return slip and label included in the initial delivery and if you return the goods with the specified service provider. Otherwise you will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back)
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (1)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
End of withdrawal instructions
Important advice: The right of withdrawal expires in case of supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
8.2 Please avoid damaging and staining of the goods. If possible, please return to us the goods in their original packaging with all accessories and all packaging components. If necessary, use a protective packaging. If you no longer have the original packaging, please provide suitable other packaging for sufficient protection against transport damage, to avoid claims for damages due to insufficient packaging. Please note that the modalities mentioned here are not a condition for the valid exercise of your statutory right of withdrawal.
9. Provisions for a voluntary right to return goods within 28 days of receipt
9.1 Irrespective of your statutory right of withdrawal, we voluntarily grant you the right to return the purchased goods within 28 days of receipt of the goods in accordance with the following provisions. The voluntary right of return does not apply to the purchase of gift vouchers.
9.2 If you make use of your right to return the goods, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). However, the shipping costs will only be reimbursed if you return all goods (full return) and for returns within the EU/EEA. We do not reimburse shipping costs for deliveries to destinations outside the EU/EEA.
9.3 We will bear the costs of the return shipment if you return the goods by using the return slip and label included in the initial delivery and with the shipping service provider by which you received the package (e.g., DHL®, DHL EXPRESS®, UPS®).The goods must be returned from the same country where the goods were delivered to. If the initial delivery did not include a return slip and label, please contact our customer service (see section 14 below).
9.4 If you return the goods, please note that for deliveries to DDU countries we will not be able to reimburse any customs, duties and other local sales taxes you paid.
9.5 The voluntary right of return applies only to goods that have been used exclusively for viewing or fitting purposes. The goods must otherwise be unused, unworn, undamaged, unwashed and in perfect condition. The original labels must not be removed. The product packaging for tights or stockings must be unopened and the seal must not be removed; they must not have been used for fitting purposes. In any event, the goods must be complete, i.e. in the original sales packaging, together with any manuals and undamaged seals or other components. If these conditions are not met, we are not obliged to take back the goods.
9.6 The return must be made within 28 days after receipt of the goods to MarthaLouisa.com GmbH, Einsteinring 4-8, 85609 Aschheim, Germany. For meeting the deadline, it is sufficient if you send off the goods before the end of the deadline.
9.7 This voluntary right of return does not limit your statutory rights, including your above described statutory withdrawal right.
10. Statutory liability for defects; manufacturer's guarantee
10.1 The goods offered under MarthaLouisa.com GmbH are subject to the statutory liability for defects. For claims for damages due to defects, the provisions of section 11 shall apply.
10.2 Please note that any guarantees granted by manufacturers of certain goods shall apply in addition to the statutory liability for defects. Manufacturers’ guarantees are the exclusive responsibility of the relevant manufacturers. Details of the scope of such guarantees are provided in the guarantee terms that may be provided together with the goods or may have been published by the manufacturer.
11.1 We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or compensation of wasted expenditure.
11.2 Our liability for death or bodily injury, from the violation of any guarantee agreed with us, as well as under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
11.3 In other cases, we are only liable for breach of a contractual obligation, the fulfilment of which is a condition for the proper performance of the contract and may be reasonably expected by you (material obligations) and limited to the replacement of the foreseeable and typical damage.
12. Copyright and usage rights
We own copyrights in and/or valid licenses regarding all pictures, films and texts published under MarthaLouisa.com GmbH. The use of any such pictures, films and texts is not permitted without our prior written consent.
13. Data protection
We process your data for the receipt and processing of your order and in accordance with the applicable statutory provisions.
14. Contact for questions, comments and complaints
For any questions, comments or complaints regarding your order and its processing, you may always contact our customer service. You can reach our customer service from Monday to Friday (except on national holidays) from 9:00 am to 6:00 pm (CET) under the telephone number 800-933-754, under the fax number +49 89 452 033 150 and by e-mail to email@example.com. For more details about our customer service, visit MarthaLouisa.com GmbH.
15. Dispute Resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available under the following link: https://ec.europa.eu/consumers/odr. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution board.
16. Contract language, storage of the contract text
16.1 You may order goods and contract with us in German or English language.
16.2 You can view these terms at MarthaLouisa.com GmbH. In addition, you can save or print these terms by using the corresponding functions of your browser. You can also download this document in PDF format from MarthaLouisa.com and archive it on your own device. To open the PDF file, you need the free program Adobe Reader (at www.adobe.de or get.adobe.com/reader) or a comparable program that supports the PDF format.
16.3 You can easily archive these terms and conditions as well as the data of your order by either downloading the terms and conditions or storing the data summarized on the last page of the ordering process of MarthaLouisa.com GmbH using the functions of your browser as described above or you are waiting for our automatic order confirmation that we will also send to the e-mail address provided by you after you have completed your order. This e-mail includes the details of your order and our terms and can be saved and printed with your e-mail program or browser.
16.4 Other than set out above, the contract text will not be saved by us.
17. Final provisions
17.1 These terms and conditions are subject to German law excluding the UN convention on the international sales of goods, provided that any mandatory provisions of the applicable consumer protection laws shall prevail.
17.2 If one or more provisions of these terms and conditions are or become invalid, the remaining provision shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions shall apply.
Version: 2 May 2018
Seat of Company: Einsteinring 4-8, 85609 Aschheim, Deutschland, Seat of Company: Einsteinring 4-8, 85609 Aschheim/München, Germany, Managing Directors: Christoph Botschen, Susanne Botschen, Susanne Tebartz; Registration Court: Local Court of Munich/München, HRB 81764, VAT ID: DE 311740393