Terms of service

General Terms and Conditions

1. Scope of Application

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

A consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to either his or her commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of his or her commercial or self-employed professional activity.

These General Terms and Conditions (GTC) shall also apply to entrepreneurs for future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall 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 adding products to the online store, we are making 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 for this purpose 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 text of the contract and send you the order details and our Terms and Conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Terms

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

We only ship by mail order. Unfortunately, you cannot pick up the items yourself.

The customer is responsible for the return shipping costs. The customer may either arrange the return shipment on their own or request a shipping label from the service provider DHL or Hermes via thereturns portal, subject to aflat-rate shipping fee.

5. Payment

The following payment methods are generally available in our store:

Credit card
You enter your credit card information when placing your order. Once you have been verified as the legitimate cardholder, the payment transaction will be processed automatically and your card will be 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 be registered with PayPal or first register, log in with your credentials, and confirm the payment instruction to us. After placing your order in the store, we will request that PayPal initiate the payment transaction.
The payment transaction will be processed automatically by PayPal immediately afterward. You will receive further instructions during the ordering process.

6. Retention of Title

The goods remain our property until full payment has been made.
For business customers, the following shall apply in addition: We reserve title to 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 hereby 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—in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves to the extent that you do not meet your payment obligations.

7. damage during transport

The following applies to consumers:
If goods are delivered with obvious damage caused 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 legal claims and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or the shipping insurance company.

The following applies to business customers:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. The obligation to inspect the goods and give notice of defects, as set forth in § 377 HGB, applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

8 Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: 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 claimed within the statutory limitation period of two years from delivery of the goods.
For business customers, the limitation period for claims for defects regarding newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse pursuant to § 445a BGB remain unaffected.
For business customers, only our own information and the manufacturer’s product descriptions—which were included in the contract—apply as an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims.
If the delivered item is defective, we shall initially provide a warranty to business customers at our discretion by remedying the defect (repair) or by delivering a defect-free item (replacement).
The above restrictions and shortened time limits shall not apply to claims based on damage caused by us, our legal representatives, or vicarious agents.

• in the event of injury to life, limb, or health
• in the event of a breach of duty resulting from willful misconduct or gross negligence, as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on compliance with which the contractual partner may reasonably rely (cardinal obligations).
• within the framework of a guarantee commitment, to the extent agreed
• to the extent that the scope of application of the Product Liability Act is expanded.

Information about any additional warranties that may apply and their specific terms can be found with the 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 based on damage caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation

• in the event of injury to life, limb, or health,
• in the event of an intentional or grossly negligent breach of duty,
• in the case of guarantee commitments, to the extent agreed, or
• to the extent that the scope of application of the Product Liability Act is expanded.

In the event of a breach of material contractual obligations—the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner 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, the extent of our liability shall be limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. 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 dispute resolution 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 processed like a regular 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 if the voucher is lost.

The Hey Marly gift card can be used until the balance reaches zero. The balance on a gift card is not redeemable for cash and does not accrue interest.

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

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

13. Terms of Use and Discount Codes

Usage:Eachcustomer may apply the corresponding discount code once per purchase.

Combining discount codes:Discountcodes 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 possibletoapply a discount code to an order that has already been completed.

Special Terms and 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 the framework of MARLY'S CLUB. Any individual who has registered athttps://www.heymarly.com/account/register, created a HEY MARLY online customer account, and thereby accepted the Terms and Conditions automatically participates in MARLY’S CLUB. Participation is free of charge.

1. COLLECT POINTS

You can earn 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.

Opportunities to earn points:

In the HEY MARLY online store:

For each 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 based on the currently valid percentage of the purchase price of HEY MARLY products (excluding returns). No points are awarded for the purchase of (gift) vouchers or for shipping costs.

1. REDEEM 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 credited to your points account—for example, 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, nor can they be applied toward shipping costs.

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

Points not redeemed within 12 months of the respective purchase will expire.

1. 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 will automatically be upgraded to SOUL SISTER status. Your SOUL SISTER status is non-transferable.

 

1. CHANGES TO MARLY'S CLUB / TERMS OF PARTICIPATION, CANCELLATION, AND TERMINATION

• HEY MARLY reserves the right to discontinue, amend, or change the MARLY'S CLUB loyalty program within a reasonable period of time or, in the event of a compelling reason—such as a change in the legal situation, Supreme Court rulings, or market conditions—without observing such a period of time, while reasonably safeguarding your interests.
• HEY MARLY also reserves the right to amend or supplement the terms and conditions of participation to the extent necessary to ensure simple and secure processing and, in particular, to prevent abuse.
• You will be notified of any changes either during the login process to your MARLY'S CLUB Online account or in advance via email to the email address you provided in your MARLY'S CLUB Online account. A change will be deemed accepted if you do not object within one month of receiving the change notice and HEY MARLY has informed you of this legal consequence in the change notice. 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 the MARLY'S CLUB Online customer account at any time for good cause, such as if the participant violates these general terms and conditions of participation.