General Terms and Conditions (GTC)

Valid for the platform www.marmellhome.com. Status: 12.08.2024

  1. scope

The following General Terms and Conditions (GTC) in the version valid at the time of the order apply exclusively to the business relationship between the Marmellhome.com platform operated by Marmell Home GmbH Wiederholdstraße 10/2, 70174 Stuttgart (hereinafter referred to as “Marmell Home”, “we” or “us”) and the customer for orders in the online shop. Please read the GTC carefully before placing an order in our online shop. We recommend that you make a copy of the GTC.

Our offer in the online shop marmellhome.com is aimed exclusively at consumers with a residence and delivery address in Germany.

We only accept orders from customers who are 18 years of age or older at the time of ordering.

All correspondence in connection with these Terms and Conditions will be handled via Home GmbH Wiederholdstraße 10/2, 70174 Stuttgart, hallo@marmellhome.com.

SECTION A – CURRENT SALES PROMOTIONS

Last updated: August 12, 2024

All orders for products placed in relation to the sales promotions described in this Section A will be governed by both the conditions set out in this Section A and the general conditions of sale set out in Section 4 Orders and Returns below.

Promotion: "10% discount when you sign up for the newsletter"

After successfully registering for our newsletter, you will receive a 10% voucher code from us by email, which you can redeem on your first order with a purchase value of more than 75 euros. This code can only be redeemed once, cannot be combined with other offers and/or codes and does not apply to items from our marketplace partners. Marmell Home reserves the right to change or withdraw this offer at any time.

Promotion: “15% discount on your first order over 75 euros”

During certain promotional periods, we will give you a 15% discount on your first order over 75 euros. This code can only be redeemed once, cannot be combined with other offers and/or codes and does not apply to items from our marketplace partners. Marmell Home reserves the right to change or withdraw this offer at any time.

 

  1. payment authorization

In order to make payments in the online store, you must provide your personal information. It is essential that you provide your correct name, telephone number, email address and other required information. In addition, when ordering products, you will be asked to provide correct payment information and to guarantee that it is correct and valid. You thereby confirm that you are the person named in the billing information.

If you pay by credit card, you must provide a valid credit card from a bank recognized by Marmell Home and authorize Marmell Home to charge your credit card for the amount of the products purchased.

If Marmell Home deems it necessary, information about you will be transmitted or collected by third parties. This may include information about your credit card number or credit references in order to confirm your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize your individual payment transactions.

The personal information you provide may be transferred to one of our payment processing partners, credit reporting or fraud prevention agencies, who may keep a record of that information.

You agree that you will receive invoices and credit notes exclusively in electronic form.

  1. Terms of Use

You must not use Marmell Home:

  • in a manner that is likely to interrupt, damage or otherwise impair access to Marmell Home or
  • for fraudulent purposes or in connection with a criminal offence or unlawful activity.

Furthermore, each user is obliged to refrain from publishing content or transmitting messages that, or the posting of which,

  • are immoral, pornographic, racist or otherwise offensive,
  • are irrelevant or intentionally untrue,
  • infringe the rights of third parties, in particular copyrights,
  • otherwise violate applicable laws or constitute a criminal offense,
  • Contain viruses or other computer programs that may damage software or hardware or impair the use of computers,
  • surveys or chain letters or disguised advertising, or
  • serve the purpose of collecting and/or using personal data from other users, particularly for commercial purposes.

Marmell Home reserves the right to prohibit access to and use of the website, to close user accounts (member accounts) or to remove or modify content that violates applicable laws, these terms of use or other applicable contractual terms or guidelines. Furthermore, Marmell Home can delete comments and posts published on social networks (Facebook, Twitter, LinkedIn, Instagram, etc.) at any time without giving reasons and without notice. When evaluating orders, only truthful and factual information that does not contain defamatory criticism may be provided.

  1. orders and returns

ORDERS

Our website and our online shop merely represent an invitation to the customer to submit offers to conclude a purchase contract for the products presented. All orders are subject to availability and our acceptance.

Marmell Home offers products that are ready to ship from our warehouse. It may happen that due to production problems or quality control issues at the time of your order, we are unable to deliver some products. If this happens, we will contact you immediately by email and will refund the amount originally charged to your credit card within 30 days of confirming the unavailable product.

PRICES

The prices listed on the website are in the currency shown. Unless otherwise stated, the price includes VAT.

ACCEPTANCE OF YOUR ORDER

As soon as you have made your selection, collected it via the “add to cart” button and your order has been sent, this constitutes a binding offer to purchase the products in the shopping cart.

You will then receive an email with the order confirmation. This email is NOT an order acceptance but merely a confirmation of receipt of your order.

The order acceptance and the conclusion of the contract between you and Marmell Home is deemed to have taken place as soon as we send you an email with the order confirmation. The purchase contract is deemed to have been concluded in Berlin (Germany) and the language of the contract is German.

We reserve the right to refuse the order at our sole discretion. We will not be liable to you or any third party as a result of our revocation. In particular, we may not accept the order for the following reasons: (1) in the event that payment is not authorized; (2) for a product that is out of stock or does not meet our quality control standards and must therefore be withdrawn; (3) you do not meet the criteria set out in the Terms and Conditions.

SHIPPING INFORMATION

Our goods are shipped by DHL. For goods from our marketplace partners, they select the shipping service provider. Delivery to PO boxes or packing stations is not possible. The general terms and conditions of the shipping service providers also apply and can be found on the respective homepage.

SHIPMENT TRACKING

As soon as we have shipped your order, you will receive an email notification with the tracking number. You can view the shipment status after one to two hours via the respective tracking pages of the shipping service providers. Enter your tracking number there to track the status of your shipment.

DELIVERY TIME

The estimated delivery time for all items shipped from our warehouse is 2 working days within Germany and 3-4 working days within other European countries. The delivery time for items shipped by our marketplace partners differs from this and is stated in the respective product description under delivery time.

The estimated delivery times are to be seen as a guide and begin from the date of shipment. We accept no liability for delivery delays.

The transfer of risk begins at the time the products arrive at your premises.

SHIPPING COSTS

The shipping costs are listed during the online checkout and payment process. In principle, Marmell Home shipments within Germany and Austria are free of shipping costs. For deliveries to other countries within the EU, we charge 15 euros for shipping. Marketplace partners may be subject to import duties (e.g. customs costs).

PAYMENT METHODS

We only accept the payment methods shown to the customer during the ordering process.

If you pay by credit card, the corresponding amount will be debited after Marmell Home has shipped your order. By making the payment, you confirm that the credit card used belongs to you or that you have specific authorization from the holder to do so. All credit and debit card holders are subject to validity checks and authorization by the card issuer. If the issuer of your payment card refuses to pay Marmell Home, we are not liable for any delays or non-delivery of the product.

We work hard to make our website as secure as possible. All credit card transactions are processed through DataTrans, an online payment gateway that encrypts your card details in a secure database environment. If you are a registered user, we store your credit card details securely in our system. These details are fully encrypted and are only used for your completed card transactions.

Marmell Home uses Secure Socket Layer technology (SSL) to ensure your shopping experience with us is safe, easy and reliable.

RETURNS

In principle, returns are only possible 30 days (calendar days) after receipt of the goods. The date of the postmark or the delivery of the collection invitation is decisive. After this period, returns are no longer possible. We recommend that you check the item immediately upon receipt and, if desired, return it immediately. The following conditions also apply: (1) The item is undamaged and unworn, (2) The item is in its original, undamaged packaging, (3) All original labels are still present and attached as received, (4) All accessories supplied are present.

If all these conditions are met, we will refund the purchase price you paid.

Orders with a shipping address in Germany or Austria must be returned with postage paid. For orders with a shipping address outside Germany or Austria, the costs for returns must be borne by the customer.

The customer must package the item securely for transport before returning it. Items must be returned in their original packaging and complete with all accessories.

The refund will be made after our warehouse has processed the return. Processing may take up to 10 working days.

DEFECTIVE PRODUCTS / MISDELIVERY

Please check the products you receive from us for defects immediately upon receipt. Products are defective if they arrive damaged or have a material or manufacturing defect. Customary or technically unavoidable, material-related deviations in the quality, color, size or design of the product do not constitute defects. This also applies to natural wear and tear.

EXCHANGE

We do not offer an exchange policy. However, you can make use of the right of return (see the chapter “Returns”).

  1. Colors

We make every effort to display the colors of the products on our website as accurately as possible. However, since computer monitors have different resolutions, we cannot guarantee that your screen resolution will accurately display all colors.

  1. data processing

We will only process personal data in accordance with our applicable data protection policy.

  1. WhatsApp chat provider

For the WhatsApp chat, we use Hello Charles, a software solution from Charles GmbH, Gartenstr. 86-87, 10115 Berlin, as part of a data processing agreement. The WhatsApp Business API is used for this service, so that WhatsApp has no access to personal data in our area of ​​responsibility. The messages exchanged with us are encrypted when using the Business API, so that third parties do not have access to the content. The legal basis for the corresponding data processing is Art. 6 Para. 1 lit. f) GDPR, since the respective user indicates by using the chat function that he would like to communicate with us via this channel and that the corresponding processing of personal data is in his interest.

The use of WhatsApp by the respective user is governed exclusively by the agreements concluded between him and the WhatsApp provider.

The possible messenger providers and the corresponding data protection declarations are:

Whatsapp: WhatsApp, Inc. 1601 Willow Road, Menlo Park, California 94025, USA. The privacy policy is available at https://whatsapp.com/legal/business-policy/.

Facebook Messenger: Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The privacy policy is available at https://facebook.com/about/privacy.

Instagram: Facebook Ireland Ltd., 4 Grand Central Square, Dublin 2, Ireland. The privacy policy is available at https://help.instagram.com/519522125107875.

  1. Integration of the Trusted Shops Trustbadge / other widgets

Trusted Shops widgets are integrated into this website to display Trusted Shops services (e.g. seal of approval, collected reviews) and to offer Trusted Shops products to buyers after an order.

This serves to safeguard our legitimate interests in optimal marketing by enabling secure shopping in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR, which prevail within the framework of a balancing of interests. The Trustbadge and the services advertised with it are an offer from Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne, with whom we are jointly responsible for data protection in accordance with Art. 26 of GDPR. As part of this data protection notice, we will inform you below about the essential contractual contents in accordance with Art. 26 Paragraph 2 of GDPR.

The Trustbadge is provided by a US CDN (content delivery network) provider as part of a joint responsibility. An appropriate level of data protection is ensured by standard data protection clauses and other contractual measures. Further information on data protection at Trusted Shops GmbH can be found in their data protection declaration.

When you access the Trustbadge, the web server automatically saves a so-called server log file, which also contains your IP address, the date and time of access, the amount of data transferred and the requesting provider (access data) and documents the access. The IP address is anonymized immediately after collection so that the stored data cannot be assigned to you personally. The anonymized data is used in particular for statistical purposes and for error analysis.

After completing the order, your email address, hashed using a cryptographic one-way function, will be sent to Trusted Shops GmbH. The legal basis is Art. 6 Paragraph 1 Clause 1 Letter f of GDPR. This serves to check whether you are already registered for services with Trusted Shops GmbH and is therefore necessary to fulfill our and Trusted Shops' overriding legitimate interests in providing the buyer protection linked to the specific order and the transactional evaluation services in accordance with Art. 6 Paragraph 1 Clause 1 Letter f of GDPR. If this is the case, further processing will take place in accordance with the contractual agreement concluded between you and Trusted Shops. If you are not yet registered for the services, you will then be given the opportunity to do so for the first time. Further processing after registration is also based on the contractual agreement with Trusted Shops GmbH. If you do not register, all transmitted data will be automatically deleted by Trusted Shops GmbH and personal reference will then no longer be possible.

Trusted Shops uses service providers in the areas of hosting, monitoring and logging. The legal basis is Art. 6 Paragraph 1 Letter f of GDPR for the purpose of ensuring trouble-free operation. Processing may take place in third countries (USA and Israel). An appropriate level of data protection is ensured in the case of the USA through standard data protection clauses and other contractual measures and in the case of Israel through an adequacy decision.

As part of the joint responsibility between us and Trusted Shops GmbH, if you have any data protection questions or wish to assert your rights, please contact Trusted Shops GmbH using the contact options provided in the data protection information linked above. Regardless of this, you can always contact the responsible party of your choice. Your request will then be forwarded to the other responsible party for response if necessary.

  1. Changes to the General Terms and Conditions

Marmell Home reserves the right to change these Terms and Conditions at any time and without giving reasons. The customer is subject to the Terms and Conditions in force at the time the customer uses Marmell Home.

During the ordering process, the customer only agrees to the Marmell Home General Terms and Conditions stated here and the General Terms and Conditions of the respective shops stated during the ordering process. Other conditions do not apply.

  1. No waiver

If the Customer violates these Terms and Conditions and Marmell Home does not take action, this does not constitute a waiver of Marmell Home's rights. Marmell Home's right to exercise these rights on any other occasion on which the Terms of Use are violated remains unaffected.

  1. Applicable law and place of jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction, subject to any legally mandatory places of jurisdiction, is Berlin.

Any violation of these Terms and Conditions (including the Privacy Policy) may result in loss of membership and access to Marmell Home.