General Terms and Conditions

General Terms and Conditions

1. scope of application

The following Terms and Conditions apply to all orders placed through our online store by consumers and businesses.

For Austria: In the following terms and conditions, "consumer" means "consumer" within the meaning of the Consumer Protection Act (KSchG).

The following applies to Germany: According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

With respect to business customers: If the business customer 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.

An entrepreneur is someone for whom conducting business is part of running their enterprise. An enterprise is any long-term organization engaged in independent economic activity, even if it is not profit-oriented. Legal entities under public law are always considered entrepreneurs.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with MARY ROSE GmbH.

By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart 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 cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language, contract text storage

Languages available for the conclusion of the contract: German, English, French, Italian

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

4. subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. If you are unsure, please contact us:

Due to individual monitor settings (e.g., resolution and brightness), there may be slight differences between the colors shown and the actual product colors.

5. terms of delivery

 Delivery options

We ship the products to the delivery address specified in the order process.

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

6. Payment

6.1 Prices

The prices stated at the time of ordering apply. These are total prices and include statutory VAT.

6.2 Payment methods

The following payment methods are available in our store.

Credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.

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.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Google Pay
To pay the invoice amount via Google Pay, you must be registered with Google, have enabled the Google Pay feature, log in with your credentials, and confirm the payment instruction. The payment transaction will be processed immediately after the order is placed. You will receive further instructions during the ordering process.

Apple Pay
To be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer you the following payment options. Unless otherwise specified below, payment via Klarna is subject to a successful address and credit check and is made directly to Klarna. Further information is available under the respective payment option and during the ordering process.

Direct debit via Klarna
You authorize Klarna to use a SEPA direct debit mandate. Klarna will notify you of the date the amount will be debited from your account (known as “prenotification”). The amount will be debited from your account after the goods have been shipped.

7. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal as described in the cancellation policy. Businesses are not granted a voluntary right of withdrawal.

8. Retention of Title

The product remains our property until full payment has been made.
The following also applies to business customers: We reserve ownership of the product 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 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—in the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves if you fail to meet your payment obligations. We will release the security to which we are entitled at your request to the extent that the realizable value of the security exceeds the value of the outstanding claims by more than 10%.

9. Warranties and Guarantees

The statutory liability for defects shall apply.

Warranties and customer service

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

Customer Service: 9:00 AM – 12:00 PM and 2:00 PM – 5:00 PM on weekdays at 0043 676/3559775, or shop@maryrose.com

10. Liability

We are always liable without limitation for 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,
• for guarantee promises, if 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 fulfillment of which is essential for the proper performance of the contract and on the observance of 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 shall be limited in amount 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.

11. Code of Conduct

We have subjected ourselves to the following codes of conduct:

• Fair Wear (https://www.fairwear.org)

12. Dispute Resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final Provisions

If you are an entrepreneur, Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are an entrepreneur as defined by the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive venue for all disputes arising from contractual relationships between us and you shall be our place of business.

Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.