B2B Terms and Conditions

General Terms and Conditions

1. Scope

The following terms and conditions apply to all placed through our online store by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

For businesses, these terms and conditions also apply to future business relationships without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Contracting Party, Conclusion of the Contract

The purchase contract is concluded with Hey Marly GmbH.

By listing products in the online store, we make a binding offer to enter into a contract for these items. You may initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. Immediately after submitting your order, you will receive a confirmation email.

3. Contract language, contract text storage
The language available for entering into the contract is German.

We save the contract text and send you the order details and our General Terms and Conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Terms

In addition to the listed product prices, shipping costs may apply. You can find more detailed information about shipping costs in the product listings.

We ship our products exclusively. Unfortunately, you cannot pick up the items yourself.

Return costs are to be paid by the customer.

5. Payment

The following payment methods are generally available to you in our store:

Credit card-
. When you place your order, you provide your credit card information. Once your identity as the rightful cardholder has been verified, the payment transaction is processed automatically and your card is charged.

PayPal, PayPal Express
. During the ordering process, you will be redirected to the website of the online payment provider PayPal. To pay the invoice amount via PayPal, you must either be a registered user or register first, log in with your credentials, and confirm the payment instruction to us. After placing your order in the store, we request that PayPal initiate the payment transaction.
The payment transaction is processed automatically by PayPal immediately afterward. You will receive further instructions during the ordering process.

Sofort by Klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have a bank account set up for online banking, authenticate yourself accordingly, and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction is processed by Sofort immediately afterward, and your account will be debited.

6. Retention of Title

The goods remain our property until full payment has been made.
For businesses, the following also applies: We reserve ownership of the goods until all arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all arising from this resale—regardless of any combination or mixing of the goods subject to retention of title with a new item—up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect them ourselves if you fail to meet your payment obligations.

7. Damage during transport

For consumers:
If goods are delivered with obvious damage incurred during shipping, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us has no impact on your statutory rights and their enforcement, particularly your warranty rights. However, it helps us assert our own claims against the carrier or the shipping insurance provider.

For businesses:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to examine the goods and give notice of defects as set forth in § 377 HGB applies. If you fail to provide the notice specified therein, the goods are deemed to have been accepted, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers purchase used goods, the following applies: if the defect occurs more than one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place without any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a BGB remain unaffected.
With respect to businesses, only our own statements and the manufacturer’s product descriptions included in the contract are considered an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered item is defective, we shall initially provide warranty to businesses, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives, or vicarious agents.

• in the event of injury to life, body, or health
• in the event of an intentional or grossly negligent breach of duty, as well as malice
• in the event of a breach of essential contractual obligations, the fulfillment of which is necessary for the proper performance of the contract and on the observance of which the other party may reasonably rely (cardinal obligations)
• within the scope of a warranty commitment, if agreed upon
• to the extent that the scope of the Product Liability Act applies.

Information on any applicable additional warranties and their specific terms can be found with the respective product and on special information pages in the online store.

Customer Service: You can contact our customer service team with questions, complaints, and claims by email at service@heymarly.com.

9. Liability

For claims arising from damages caused by us, our legal representatives, or vicarious agents, we are always liable without limitation

• in the event of injury to life, body, or health,
• in the event of an intentional or grossly negligent breach of duty,
• in the event of warranty commitments, if agreed, or
• to the extent that the scope of the Product Liability Act applies.

In the event of a breach of essential contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on which the contracting party may reasonably rely (cardinal obligations)—due to slight negligence on our part, on the part of our legal representatives, or on the part of our vicarious agents, liability is limited to the amount of foreseeable damage typical for the contract at the time the contract was concluded. Otherwise, claims for damages are excluded.

10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here: https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer arbitration board.

 12. Vouchers

If you purchase and pay for a voucher from Hey Marly GmbH, you will receive it only after payment has been received. Payment is made via a standard bank transfer and usually takes 3–5 banking days.

When ordering a voucher, you must provide a valid email address for delivery. We are not liable for the loss of the voucher.

The Hey Marly gift card can be used until the balance reaches zero. The balance on a gift card will not be paid out in cash nor will it accrue interest.

If goods purchased with a voucher are returned, the purchase price of the returned items will be credited back to the respective voucher. The voucher is automatically reloaded, not manually.

By purchasing and/or using the voucher from Hey Marly GmbH, you agree to the terms of use that were provided to you at the time of purchase.

13. Terms of Use for Discount Codes

Usage: Each customer can apply the respective discount code once per purchase.

Combining Discount Codes: Discount codes cannot be combined with each other. We also reserve the right to exclude the use of discount codes, including personalized discount codes, on items that are already on sale.

Subsequent Crediting: It is not possible to apply a discount code to an order that has already been completed.

Special Conditions for MARLY’S CLUB:

1. MARLY'S CLUB

HEY MARLY GmbH "HEY MARLY") operates the HEY MARLY loyalty program "MARLY'S CLUB" and manages the loyalty points credited to you for your activities within MARLY'S CLUB. Any individual who registers at https://www.heymarly.com/account/register, creates a HEY MARLY online customer account, and thereby accepts the Terms and Conditions automatically participates in MARLY’S CLUB. Participation is free of charge.

2. COLLECTION POINTS

You can start earning points in the HEY MARLY online store as soon as you create a MARLY'S CLUB online customer account in the HEY MARLY online store.

Ways to earn points:

In the HEY MARLY online store:

For every purchase you make in the HEY MARLY online store after creating a MARLY'S CLUB online customer account, points will be credited to your personal points account at the currently valid percentage of the purchase price of HEY MARLY products (excluding returns). No points will be awarded for the purchase of (gift) vouchers or for shipping costs.

3. REDEEMING POINTS

All earned from your purchases in the HEY MARLY online store become active after 21 days and are then available in your MARLY'S CLUB online customer account. All points—such as those earned through special promotions—are immediately available in your MARLY'S CLUB online customer account.

Once you have earned 1,000 points, you can redeem them in your online customer account under "MARLY'S CLUB" as a discount voucher or directly at checkout. Points cannot be redeemed for cash or applied toward shipping costs.

Points can be redeemed up to a maximum of 3,000 points = €30 per purchase.

Points that have not been redeemed within 12 months of being earned will expire.

4. YOUR STATUS IN MARLY’S CLUB

BEST FRIENDS STATUS
. As soon as you create a MARLY'S CLUB online customer account, you automatically receive BEST FRIENDS status. BEST FRIENDS status is valid indefinitely and is non-transferable.

SOUL SISTER STATUS
. If you have earned at least 1,500 active points, you automatically qualify for SOUL SISTER status. Your SOUL SISTER status is non-transferable.

 

5. CHANGES TO MARLY'S CLUB / TERMS OF PARTICIPATION, TERMINATION, AND CESSATION

• HEY MARLY reserves the right to discontinue, supplement, or modify the MARLY'S CLUB loyalty program, with reasonable notice, or—if there is a compelling reason, such as a change in legislation, Supreme Court case law, or market conditions—even without such notice, while adequately safeguarding your interests.
• HEY MARLY also reserves the right to change or supplement the terms of participation, to the extent necessary to ensure simple and secure processing and, in particular, to prevent abuse.
• Changes will be communicated to you either during the login process for your MARLY'S CLUB online customer account or in advance via email to the email address you provided in your MARLY'S CLUB online customer account. A change is considered approved if you do not object within one month of receiving the change notification and HEY MARLY has informed you of this legal consequence in the change notification. If you do not accept these changes or object to the change or addition, you will unfortunately no longer be able to participate in MARLY'S CLUB, and we will have to block your MARLY'S CLUB online customer account.
• HEY MARLY may terminate and block a MARLY'S CLUB online customer account at any time for good cause, such as if the participant violates these general terms of participation.