Terms of Use

Conditions générales de vente

1) Scope of Application

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

A consumer is any natural person who enters into a legal transaction for purposes that are primarily neither related to their commercial activity nor to their independent professional activity. A business is a natural person, legal entity, or partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

These General Terms and Conditions of Sale also apply to future business relationships with entrepreneurs, without the need for us to mention them again. If the entrepreneur uses conflicting or supplementary general terms and conditions of sale, their validity is hereby contested; they shall only form an integral 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 these 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 for this purpose during the ordering process. The contract is concluded when you accept the offer regarding 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 online.

4. Shipping Terms

Shipping charges may be added to the listed product prices. For more information on shipping charges, please see the offers.

We only ship by mail. Unfortunately, it is not possible to pick up the merchandise in person.

Return shipping costs are the customer's responsibility. The customer may either arrange the return on their own or request a shipping label from DHL or Hermes through thereturns portal for aflat-rate shipping fee.

5. Payment

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

Credit Card When you place your order, you provide your credit card information. Once your identity as the legitimate cardholder has been verified, 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 either be registered with PayPal or first log in using your account credentials and confirm the payment order to us. After placing your order in the store, we will ask PayPal to initiate the payment transaction.
The payment transaction is processed automatically by PayPal immediately afterward. You will receive further information during the ordering process.

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 may resell the goods subject to retention of title in the course of your regular business operations; 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 to the extent that you fail to meet your payment obligations.

7. Damage caused during shipping

For consumers:
If the goods are delivered with obvious shipping damage, please file a claim with the delivery company as soon as possible regarding such defects and contact us immediately. Failure to file a claim or contact us has no effect on your legal rights or their enforcement, including your warranty rights. However, you will be helping us assert our own rights against the carrier or the shipping insurance company.

For business customers:
The risk of accidental loss or damage passes to you as soon as we have delivered the goods to the shipper, the carrier, or the person or entity responsible for handling the shipment. Between merchants, the obligation to inspect the goods and file a complaint as provided for in § 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification required therein, the goods are deemed to have been accepted, unless the defect was not apparent upon inspection. This provision does not apply if we have fraudulently concealed a defect.

8. Warranty and Warranties

Unless otherwise specified below, the statutory provisions regarding liability for defects apply.
In the case of consumers purchasing used goods, if a defect becomes apparent more than one year after 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 the date of delivery.
For business customers, the limitation period for claims regarding defects in newly manufactured goods 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 under Section 445a of the German Civil Code (BGB) remain unaffected.
With respect to business customers, only our own specifications and the manufacturer’s product descriptions incorporated into the contract constitute an agreement regarding the quality of the goods; we assume no liability for the manufacturer’s public statements or other advertising claims.
If the delivered goods are defective, we first guarantee to business customers, at our discretion, either the rectification of the defect (repair) or the delivery of goods free of defects (replacement delivery).
The aforementioned limitations and time-bar restrictions do not apply to claims based on 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 breach of obligations caused by willful misconduct or gross negligence, or in the event of fraud
• in the event of a breach of essential contractual obligations, the performance of which is indispensable to the proper performance of the contract and on which the contracting party may reasonably rely (cardinal obligations)
• as part of a guarantee commitment, if so agreed
• to the extent that the scope of application of the Product Liability Act applies.

Information about any additional warranties that may apply and their specific terms and conditions can be found on the product page and on specific information pages in the online store.

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

9. Liability

Our liability is always unlimited in the event of a claim for damages caused by us, our legal representatives, or our agents.

• in the event of an attack on life, physical integrity, or health,
• in the event of an intentional breach or gross negligence of obligations,
• in the event of warranty commitments, if such commitments have been 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 necessary for the proper performance of the contract and on which the contracting party may reasonably rely (cardinal obligations), in the event of 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 foreseeable. Any other 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 certificate from Hey Marly GmbH you will not receive it until payment has been received. Payment is made via a standard bank transfer and generally 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 until the balance reaches zero. The balance on a gift card is not refundable in cash and does not accrue 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 credited automatically, not manually.

By purchasing and/or using the gift certificate from Hey Marly GmbH you agree to be bound by the terms of use provided to you at the time of purchase.

13. Terms of Use for Discount Codes

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

Combining discount codes: Discountcodescannot be combined with one another. We also reserve the right to exclude the application of discount codes, including personalized discount codes, to items that are already on sale.

Retroactive application:Itis not possible to apply a discount code retroactively to an order that has already been placed.

Special Terms and Conditions for MARLY's CLUB:

1. MARLY'S CLUB

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

1. POINT SCORERS

You can earn POINTS in the HEY MARLY online store as soon as you create a MARLY'S CLUB customer account online 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 customer account online, points are credited to your personal points account based on the currently applicable percentage of the value of your HEY MARLY product purchases (minus returns). No points are awarded for the purchase of gift cards or for shipping costs.

1. EXCHANGE 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 validated 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 toward shipping costs.

Point redemption is limited to 3,000 points = 30€ per purchase.

Points that have not been redeemed within 12 months of their respective acquisition dates will expire.

1. YOUR MEMBERSHIP STATUS IN THE MARLY CLUB

BEST FRIENDS STATUS
As soon as you create a MARLY'S CLUB customer account online, 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.

 

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

• HEY MARLY reserves the right to suspend, supplement, or modify the MARLY'S CLUB loyalty program with reasonable notice, or even without such notice in the event of serious circumstances such as a change in legislation, case law from higher courts, or market conditions, while reasonably safeguarding your interests.
• HEY MARLY also reserves the right to modify or supplement the terms and conditions of participation to the extent necessary to ensure a smooth and secure process 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 considered accepted if you do not object to it within one month of receiving the change notification and if HEY MARLY has informed you of this legal consequence in the change notification. 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 the MARLY'S CLUB, and we will have to deactivate 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 fails to comply with these Terms and Conditions of Participation.