The following terms and conditions apply for all orders placed through our online shop by consumers and business customers.
Consumer means any natural person who enters into a transaction for purposes which predominantly cannot be attributed as either a commercial or independent professional activity.
A business customer is a natural or legal person or a legal partnership that concludes a legal transaction in the exercise of their commercial or independent professional activity. With regard to business customers, these conditions also apply to future business relations, without us having to refer to them again. If a business customer uses any conflicting or additional terms and conditions, the validity are hereby rejected; they will only become part of the contract if we have expressly agreed to such.
2. Contractual Partner, Contract Conclusion
The sales contract is made with MARYSAL.
The presentation of products in our online shop is not a legally binding offer, but rather a noncommittal online catalogue. You can put our products into your shopping cart without obligation and change your selections any time before sending your binding order, by using the correction tools provided and explained during the ordering procedure. By clicking the order button you place a binding order for the goods in your shopping cart.
The confirmation of receipt of your order takes place via email immediately after sending the order and does not constitute an acceptance of the contract. We can accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods.
Any of the following options would also constitute a binding contract:
- If you have selected the credit card payment option, the contract becomes effective at the time the credit card is charged.
- If you have selected the PayPal payment option, the contract becomes effective on the date of your payment authorisation to PayPal.
- If you have selected the IMMEDIATE Transfer payment option, the contract comes becomes effective on the date of your payment authorisation to SOFORT GmbH.
The languages available for the conclusion of the contract are German and English.
We store the contractual text and send you the order data and our terms and conditions by e-mail. The terms and conditions can be viewed and downloaded from this page at any time. Your past orders can be viewed in our customer login.
3. Delivery Terms
Shipping costs will be added to the specified product prices. Details on shipping costs can be found in the proposal. Orders within Germany will be delivered within 3-5 working days after you place an order. Orders to other European countries (as listed in https://marysal-shop.com/shipping/) will be delivered within 5-10 working days after you place an order. We ship our packages with DHL.
We offer only a delivery option. Pickup of the goods is unfortunately not possible.
The following payment options are available in our shop:
Your credit card will be charged at time of purchase.
You pay the invoice amount through the online provider PayPal. You must already have a registered account or register as a new user, confirm that you are an authorized user confirm the payment authorisation to us (except in the case of guest access). You can find additional information in the ordering procedures.
IMMEDIATE Transfer (SOFORT Überweisung)
We also offer IMMEDIATE transfer. We receive the transferred credit immediately. This accelerates the entire ordering process. All you need is the account number, bank routing number, PIN and TAN. Via a secure, not accessible to vendors, payment form of SOFORT GmbH provides IMMEDIATE Transfer automatically and a real time transfer in your online bank account. The purchase amount is transferred instantly and directly to the bank account of the merchant. After selection of the IMMEDIATE Transfer payment option a pre-filled form will open at the end of the order process. This already includes our bank details. In addition, the transfer amount and the purpose are displayed in the form already. You need to choose the country where you have your online banking account and enter the bank routing number. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. You will immediately receive confirmation of receipt. Essentially, you can use the instant bank transfer system as a payment method if you have an activated online banking account with a PIN/TAN. Please note that IMMEDIATE Transfer is not yet available at a handful of banks. More information to see if your bank supports this service can be found at: https://www.sofort.com/ger-DE/general/fuer-kaeufer/fragen-und-antworten/
5. Right of Revocation
Consumers have a legal right of withdrawal, such as described in the terms of cancellation. Business customers will be given no voluntary right of cancellation.
6. Retention of Title
The goods remain our property until full payment is received.
Additionally applicable for business customers: We retain title for the goods until full settlement of all claims from a current business relationship. You are entitled to resell the reserved goods in the ordinary course of business; all receivables resulting from this resale – regardless of any connection or commingling of the goods with a new product – will be included in the invoice amount to us in advance, and we will accept this assignment. You retain authority to collect receivables, but we may also collect receivables in the event that you do not meet your payment obligations.
7. Damage in Transit
For consumers this means: Should goods with obvious transport damages be delivered, please file a claim for such mistakes as soon as possible with the delivery agent and contact us immediately. Failure to file a claim or contacting us has no consequence on your legal rights and their enforcement, especially your warranty rights. However, they assist us in filing our own claims against the freight carrier or transportation insurer.
For business customers this means: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, carrier or other specific person or institution charged with the execution of the shipment.
For merchants the obligation of examination and notification of defects as regulated in § 377 of the German Commercial Code applies. If you fail to make this notification, the goods are considered approved unless it concerns a defect that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranties and Guarantees
Unless expressly agreed otherwise below, the statutory warranty rights apply.
For consumers, the limitation period for warranty claims for used items is one year from date of delivery.
For business customers, the statute of limitations is one year after the transfer of risk; the statute of limitations for the right of recourse pursuant to § 478 of the German Civil Code remains unaffected.
With regard to business customers, only our own data and the product description of the manufacturer which have been included in the contract shall apply as an agreement on the product description; we assume no liability for public statements by the manufacturer or other advertising messages.
If the delivered goods are defective, we will compensate our business customers at our discretion by either curing the defect (rectification) or by providing goods that are free from defects (substitute delivery).
These restrictions and time limits do not apply to claims due to damage caused by us, our legal representatives or vicarious agents for loss of life, limb or health
- in the case of negligence or wilful misconduct as well as malice
- For breach of contractual obligations, for which the fulfilment of due performance of the Contract would not be possible and upon which the contracting partner usually relies (cardinal obligations)
- within the framework of any promises of guarantee, if agreed
- insofar as the scope of the Product Liability Law is introduced.
Information on any applicable additional guarantees and their exact conditions can be found with each product and on specific information pages in the online shop.
For claims due to damage caused by us, our legal representatives or agents, we assume all liability
- for loss of life, limb or health
- in the case of negligence or wilful misconduct
- for any promises of guarantee, if agreed
- insofar as the scope of the Product Liability Law is introduced.
For breach of contractual obligations, for which the fulfilment of due performance of the Contract would not be possible and upon which the contracting partner usually relies (cardinal obligations) caused by slight negligence by us, our legal representatives or vicarious agents, liability is limited to the foreseeable damages at the conclusion of the contract, which can be typically expected.
All further claims for damages are excluded.
10. Final Provisions
If you are a business customer, then German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG).
If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or public special fund, the exclusive jurisdiction for all disputes under the contractual relationships between us and you shall be our place of business.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.