GTC

Here you can find the General Terms and Conditions for jewelry purchases in the MARSOXX online shop.

1. Basic provisions

These terms and conditions of "IQ-internetservice GmbH" (hereinafter referred to as "seller" - the other current contact details can be found in the imprint), apply to all contracts that a consumer or entrepreneur (hereinafter "customer" or "buyer" or "consumer" ) enters with the seller regarding the goods and / or services presented by the seller in the MARSOXX online shop. This contradicts the inclusion of customer's own terms, unless otherwise agreed in writing.

A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. For the purposes of these General Terms and Conditions, an entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the course of its independent professional or commercial activity.

2. Conclusion of the contract

The goods offered by the seller on the Internet do not represent a binding offer to conclude a purchase contract, but a request to submit a purchase offer (order of the buyer).

The goods intended for sale are stored in the "shopping cart". With the »Shopping cart« button in the navigation bar, the buyer can call up the »Shopping cart« and make changes there at any time. After pressing the button »Go to checkout« and the subsequent input of personal data, all order data will be displayed again on the following page.
Before submitting the order, the buyer has the opportunity to check all information (eg name, address, shipping, payment method and ordered jewelry items) again and, if necessary, use the "Edit" buttons to change or cancel the purchase.
By clicking on the button »Paid Order« the buyer submits a binding offer to the seller. The buyer first receives an automatic email about the receipt of the order, which does not lead to the conclusion of the contract yet.

As far as you use the instant payment system "PayPal - Express" by clicking on the button correspondingly integrated in the shop system, you will be redirected to the login page of PayPal. After successful registration, your PayPal address and account information will be displayed. These can be modified at that instance. With the "Continue" button you will be redirected back to our online shop of MARSOXX.com on the order overview page.

The seller can accept the offer of the customer within seven days,

a. by sending a written order confirmation (fax or e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive, or

b. by delivering the ordered goods to the customer, whereby the arrival of the goods at the customer is authoritative, or

c. by asking the customer to pay after submitting his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time at which the first of the above alternatives (a, b, c) occurs. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

If the customer does not receive an order confirmation or notification of delivery within seven working days, he is no longer bound by his order. If necessary, already provided transfers will be refunded immediately in this case.

The deadline for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the seventh following working day following the dispatch of the offer. If the last day of the period falls on a Saturday, a Sunday or a general public holiday recognized at the seller's place of business, the next working day shall be substituted for such day.

Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for the order processing is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned with the order processing can be delivered.

3. Prices, delivery and shipping costs

The prices quoted in the respective offers represent the final prices. They include all price components including the applicable value added tax.
In the case of cross-border delivery, further taxes (eg in the case of an intra-Community acquisition) and / or duties (eg customs duties) and / or bank charges may be payable by the buyer in individual cases, but not to the seller, but to the customs or tax authorities responsible there or the bank.
The resulting delivery and shipping costs are not included in the purchase price, they are available on the page shipping costs, will be shown separately during the ordering process and are to be borne by the buyer in addition. Before the confirmation of the purchase by the buyer at the "Cashier" he will be informed about the amount of shipping costs.

4. Terms of payment

The payment methods depend on the specific business and the specific buyer.

The seller reserves the right to exclude certain payment methods in individual cases.

Invoices submitted by the seller are due for payment immediately upon receipt of the invoice.

If prepayment is agreed, the payment is due immediately after conclusion of the contract.

If you select the payment method delivery on account / invoice, the purchase price is due as soon as the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed in writing. The seller reserves the right to carry out a credit check when selecting the method of delivery on account / invoice (by the buyer) and to reject this method of payment if the credit check is negative.

Via the following link you will find all information about the payment methods.

5. Delivery and shipping conditions

The delivery is possible within Germany and to the countries mentioned on the page shipping costs.
In case you use the payment methods cash on delivery or invoice the goods will be sent immediatelly to the delivery address specified by the buyer. With all other payment methods the delivery will only be processed after receipt of the full purchase price and shipping costs.
The dispatch takes place after receipt of payment (or with delivery by cash on delivery and by invoice after order confirmation), according to the period, which is indicated in the article description of the concrete piece of jewelery.
If, contrary to expectations, a piece of jewelery ordered by you is not available in time for the conclusion of an adequate cover transaction for reasons beyond the control of the seller, you will be informed immediately of the unavailability and, in the event of cancellation, any payments already made will be reimbursed immediately.

The delivery of goods always will be executed by a courier and to the delivery address specified by the buyer. The delivery address specified in the purchase process is authoritative. Notwithstanding this, when selecting the payment method PayPal, the delivery address deposited by PayPal at the time of payment is authoritative.

If the shipping company sends the goods back to the seller, as it was not possible to deliver to the buyer, the buyer bears the costs for unsuccessful shipping.

The buyer is obligated to inspect the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify complaints to the seller and the forwarding agent without delay.
The warranty claims of the buyer remain unaffected.
As far as you are a consumer, the risk of accidental loss and accidental deterioration of the goods during the shipment until it has been transfered to the consumer, is on the seller, regardless of whether the shipment is insured or uninsured.

Generally, the risk of accidental loss and accidental deterioration of the sold goods ends with the transfer to the buyer or a person entitled to receive. If the buyer acts as an entrepreneur, the risk of accidental loss and accidental deterioration ends as soon as goods have been delivered to to a suitable representative or upon delivery of the goods at the place of business of the seller.

Pickup is not possible.

6. Return costs upon exercise of the right of revocation

It is agreed that in the case of a consumer uses his right of revocation for delivered goods, the buyer shall bear the costs of the return. See also the revocation policy.

7. Warranty

Legal regulations apply.

Here you will find the specific regulations for warranty.

8. Retention of title

a. The goods remain the property of the seller until full payment of the purchase price.

b. If the buyer is an entrepreneur, the following applies in addition:

I. The seller retains title to the goods until full settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
II. The buyer can resell the goods in the ordinary course of business.
In this case, the buyer hereby assigns all claims in the amount of the invoice amount, which accrue to him from the resale, to the seller accepting the assignment.
The purchaser is also authorized to collect the debt. Insofar as he does not duly fulfill his payment obligations, the seller reserves the right to collect the claim himself.
III. In the case of combination and mixing of the reserved goods, the seller acquires co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
IV. The seller undertakes to release the securities to which he is entitled on request to the extent that the realizable value of the securities of the seller exceeds the claim to be secured by more than 20%. The choice of securities to be released is incumbent upon the seller.

9. Limitation of Liability

The liability of the seller for slightly negligent breaches of duty is excluded unless material contractual obligations, damage from injury to life, limb or health, guarantees for the nature of the object of sale or claims under the Product Liability Act are affected. This also applies to corresponding mandatory transfers of vicarious agents of the seller.
The liability is limited to the damage that must be expected in the contract. For the rest, the limitation of liability does not apply.

10. Place of fulfillment, place of jurisdiction, online dispute resolution

It is exclusively German law applicable this excludes UN purchasing law. The place of fulfillment for all services arising from the business relationship with the seller as well as place of jurisdiction is the seller's place of business, as far as the buyer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The European Union has provided an online platform for online sales contracts at 15.02.2015, which is used for online dispute resolution (OS). This platform can be accessed at the following link. We point out that the further implementation of an online dispute resolution in Germany according to the current status will take place after the spring of 2017. We are available for any complaints via our contact form.

11. Final provisions

(1) This contract is subject exclusively to German law. Contract language is exclusively German. (In case of differences the German version of the GTC are is the only binding.)
(2) In business transactions in which consumers are not involved, Cologne (Germany) is the exclusive place of jurisdiction, whereby we reserve the right to sue at the place of business of the buyer.
(3) Should one or more provisions of these terms and conditions be or become ineffective, this will not result in the ineffectiveness of the entire contract. The ineffective regulation will be replaced by the relevant statutory regulation.
(4) In business dealings with consumers within the EU, the law of the consumer's place of residence may also apply, provided that it is mandatory to apply consumer law.
(5) If the private consumer is not resident within the European Union, our place of business is the place of jurisdiction.
(6) The contract text (order data and terms and conditions) is stored by the seller. The storage is however temporary, the buyer should therefore take care of a printout or a separate storage himself.
Regardless, the buyer receives all relevant data of the order sent by e-mail, which can be printed out.

IQ-internetservice GmbH
Rommerscheider Str. 98
51465 Bergisch Gladbach
Germany
Telephone: + 49 2202 239656
Email: support@marsoxx.com

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.