B2B GTC

General terms and conditions

1. scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his 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 exercise of his or her commercial or self-employed professional activity.

These 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 objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract

The purchase contract is concluded with Hey Marly GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language, contract text storage
The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our GTC by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

4. delivery conditions

Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

The return costs are to be borne by the customer.

5. payment

The following payment methods are generally available in our shop:

Credit card
You enter your credit card details when placing your order. Once you have been legitimized as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately afterwards. 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. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

6. retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims 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 claims arising from this resale - irrespective 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 authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

7. transport damage

The following applies to consumers:
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs:
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 and give notice of defects regulated 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 after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects for 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 according to § 445a BGB remain unaffected.
For entrepreneurs, 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 statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of 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 intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations).
• within the framework of a guarantee promise, insofar as agreed
• insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and claims by e-mail 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 intentional or grossly negligent breach of duty,
• in the case of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, 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 (OS), 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 only receive it once payment has been received. Payment is the same as a normal bank transfer and usually takes 3-5 bank working days.

When ordering a voucher, you must provide a correct e-mail address for shipping. We are not liable if the voucher is lost.

The Hey Marly gift voucher can be used until the balance is zero. The balance of a gift voucher is neither paid out in cash nor does it bear interest.

If goods are returned that were purchased with a voucher, the purchase price of the returned items will be credited back to the respective voucher. The voucher is topped up systemically, not manually.

By purchasing and/or using the voucher from Hey Marly GmbH, you declare your agreement with the validity of the terms and conditions of use which were given to you at the time of purchase.

13. terms of use discount codes

Usage: Per customer, the corresponding discount code can be applied once to a purchase.

Combine discount codes: Discount codes cannot be combined with each other. We also reserve the right to exclude the application of discount codes, including personalized discount codes, from already reduced items.

Subsequent crediting: Subsequent crediting of a discount code to an already completed order is not possible.

Special conditions 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 that are credited to you for your activities within the framework of MARLY'S CLUB. Every natural person who has registered at https://www.heymarly.com/account/register, created a HEY MARLY online customer account and thus accepted the GTC automatically participates in MARLY'S CLUB. Participation is free of charge.

2. COLLECT POINTS

POINTS can be collected in the HEY MARLY online shop as soon as you have created a MARLY'S CLUB online customer account in the HEY MARLY online shop.

Opportunities to collect points:

In the HEY MARLY online shop:

For each purchase you make in the HEY MARLY online shop after creating a MARLY'S CLUB online customer account, points will be credited to your personal points account in the currently valid percentage of your respective purchase value of HEY MARLY products (less returns). No points are awarded for the purchase of (gift) vouchers or for shipping costs.

3. REDEEM POINTS

All points received with your purchases in the HEY MARLY online shop change to active status after 21 days and are then available in your MARLY'S CLUB online customer account. All other points that are credited to your points account, e.g. through special promotions, are directly available in your MARLY'S CLUB Online customer account.

After you have reached 1,000 released points, you can redeem them in your online customer account under "MARLY'S CLUB" as a discount voucher or directly in the check-out. A cash payment of the points and a credit against shipping costs are not possible.

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

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

4. YOUR STATUS IN MARLY'S CLUB

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

SOUL SISTER STATUS
If you have collected at least 1,500 active points, you will automatically switch to SOUL SISTER status. Your SOUL SISTER status is not transferable.

 

5. CHANGES TO MARLY'S CLUB / THE CONDITIONS OF PARTICIPATION, CANCELLATION AND TERMINATION

• HEY MARLY reserves the right to discontinue, amend or change the MARLY'S CLUB loyalty programme within a reasonable period of time or, in the event of an important 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 conditions of participation insofar as this is necessary in the interests of 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 by e-mail to your specified e-mail address in your MARLY'S CLUB Online account. A change will be deemed to have been accepted if you do not object within one month of receipt of 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, e.g. if the participant breaches these general terms and conditions of participation.