B2B Terms and Conditions

Conditions générales de vente

1. Scope of Application

The following General Terms and Conditions of Sale apply to all orders placed through our online store by consumers and business customers.

A consumer is any natural person who enters into a legal transaction for purposes that are not primarily attributable to their commercial or independent professional activity. A business entity is a natural person, legal entity, or partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.

With respect to business entities, these General Terms and Conditions of Sale also apply to future business relationships without the need for us to reiterate them. If the entrepreneur uses conflicting or supplementary general terms and conditions of sale, their validity is hereby contested; they shall only become part of the contract if we have expressly accepted them.

2. Contracting Party, Conclusion of the Contract

The sales contract is entered into with Hey Marly GmbH.

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

3. Language of the contract, recording of the contract text
. The language available for entering into the contract is German.

We will save the contract text 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. Shipping Terms

Shipping charges may be added to the listed product prices. You will find more detailed information about any shipping charges in the product listings.

We ship only by mail. Unfortunately, in-person pickup of the merchandise is not possible.

The customer is responsible for return shipping costs.

5. Payment

In our store, the following payment methods are generally available:

Credit Card When you place your order, you provide your credit card information. Once you have been verified as the legitimate cardholder, the payment transaction is processed automatically and your card is charged.

PayPal, PayPal Express
During the checkout process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered with PayPal or sign up, log in with your credentials, and confirm the payment order. After placing your order in the store, we ask PayPal to initiate the payment transaction.
The payment transaction is processed automatically by PayPal immediately afterward. You will receive additional information 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 enabled for online banking, verify your identity accordingly, and confirm the payment order. You will receive additional information during the ordering process. The payment transaction is processed immediately afterward by Sofort, and your account is debited.

6. Retention of Title

The goods remain our property until they have been paid for in full.
For business customers, the following additional rule applies: We reserve ownership of the goods until all claims arising from an ongoing business relationship have been paid in full. You are authorized to resell the goods subject to retention of title as part of your business activities; you hereby assign to us in advance all claims arising from such resale—regardless of whether the goods subject to retention of title are combined or mixed with a new item—up to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Damage During Shipping

For consumers:
If goods are delivered with obvious shipping damage, please report these defects to the carrier as soon as possible and contact us immediately. Failure to report the damage or contact us has no effect on your legal rights or your ability to exercise them, particularly your warranty rights. However, this helps us assert our own rights against the carrier or the shipping insurance company.

For business customers:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or any other person or entity designated to handle the shipment. Between merchants, the duty to inspect and file complaints stipulated in Section 377 of the German Commercial Code applies. If you fail to comply with the notification requirement set forth therein, the goods shall be deemed accepted, unless the defect was not recognizable upon inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless otherwise expressly agreed below, the statutory right to claim for hidden defects applies.
When consumers purchase used goods: if the defect becomes apparent after one year has elapsed from the delivery of the goods, claims for defects are excluded. Defects that become apparent 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 business customers, the limitation period for claims for defects regarding new products is one year from the transfer of risk. The sale of used goods is made without any warranty. The statutory limitation periods for the right of recourse pursuant to Section 445a of the German Civil Code remain unaffected.
With respect to business customers, only our own specifications and the manufacturer’s product descriptions included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.
If the delivered goods are defective, we will provide business customers, at our discretion, with a warranty by remedying the defect (repair) or by delivering defect-free goods (replacement delivery).
The above limitations and reductions in the time limit do not apply to claims for damages caused by us, our legal representatives, or our vicarious agents.

• in the event of an attack on life, physical integrity, or health
• in the event of a deliberate breach, gross negligence, or fraud
• in the event of a breach of essential contractual obligations, the performance of which is necessary for the proper performance of the contract and on which the other party may reasonably rely (cardinal obligations)
• as part of a guarantee commitment, if agreed upon
• to the extent that the scope of application of the Product Liability Act applies.

You can find information about any additional warranties that may apply and their specific terms and conditions for each product on the product pages and on special information pages in the online store.

Customer Service: You can contact our customer service department with any questions, complaints, or disputes by email at service@heymarly.com.

9. Liability

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

• in the event of injury to life, body, or health,
• in the event of a deliberate breach or gross negligence,
• in the event of a guarantee commitment, if agreed upon, or
• to the extent that the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations—the fulfillment of which is indispensable to the proper performance of the contract and on which the other 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 damage that was foreseeable at the time the contract was concluded and whose occurrence is typically to be expected. Furthermore, claims for damages are excluded.

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

 12. Gift Certificates

If you purchase and pay for a gift card from Hey Marly GmbH, you will not receive it until payment has been received. The payment process is similar to a standard bank transfer and usually takes 3 to 5 business days.

When ordering a gift certificate, you must provide a valid email address for delivery. We are not responsible for any loss of the gift certificate.

The Hey Marly gift card can be used as long as the balance is not zero. The balance on a gift card is neither payable in cash nor subject to interest.

If merchandise purchased with a gift card is returned, the purchase price of the returned items is credited back to the relevant gift card. The gift card is reloaded automatically by the system, not manually.

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

13. Terms of Use for Discount Codes

Usage: Each customer may apply the corresponding discount code only once per purchase.

Combining discount codes: Discount codes cannot be combined. We also reserve the right to exclude discount codes—including personalized discount codes—from items that are already on sale.

Retroactive Credit: It is not possible to apply a discount code retroactively to an order that has already been placed.

MARLY’S CLUB Specific Terms and Conditions:

1. MARLY'S CLUB

HEY MARLY GmbH “HEY MARLY”) manages the HEY MARLY loyalty program “MARLY’S CLUB” and administers 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 an HEY MARLY online customer account, and thereby accepts the Terms and Conditions automatically becomes a member of MARLY’S CLUB. Participation is free of charge.

2. EARNING 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.

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 are credited to your personal points account at the currently applicable percentage of the value of your HEY MARLY product purchase (after deducting returns). No points are awarded for the purchase of gift cards or for shipping costs.

3. USE OF POINTS

All points earned from 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 other points—such as those credited to your points account through special promotions—are immediately available in your MARLY’S CLUB online customer account.

Once you have earned 1,000 valid points, you can use them in your online customer account under “MARLY’S CLUB” as a discount coupon or directly at checkout. Points cannot be redeemed for cash, nor can they be applied as a credit toward shipping costs.

The use of points is limited to 3,000 points = 30 € per purchase.

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

4. YOUR STATUS IN THE 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 accumulated 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 CLOSURE

• HEY MARLY reserves the right to suspend, supplement, or modify the MARLY’S CLUB loyalty program with reasonable notice, or, in the event of a significant reason such as a change in legislation, case law, or market conditions, without notice, while taking your interests into due consideration.
• HEY MARLY also reserves the right to modify or supplement the terms and conditions of participation if necessary to ensure simple and secure management and, in particular, to prevent abuse.
• You will be notified of any changes either when you log in to 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 deemed accepted if you do not object to it within one month of receiving the notification of the change and HEY MARLY has informed you of this legal consequence in the notification of the change. If you do not accept these changes or if you object to the change or addition, you will unfortunately no longer be able to participate in MARLY’S CLUB, and we will have to deactivate your MARLY’S CLUB online customer account.
• HEY MARLY may terminate and suspend a MARLY’S CLUB online customer account at any time for good cause, such as if the participant violates these Terms and Conditions of Participation.