Right of withdrawal & terms and conditions

General Terms and Conditions of Marie Morenz


§ 1. Scope

The following general terms and conditions apply exclusively to the business relationship between Marie Morenz and the customer - including all future transactions - in the version valid at the time of the order. Marie Morenz does not recognize any deviating conditions of the customer unless Marie Morenz has expressly agreed to their validity in writing.

§ 2. Contracting parties

Your contractual partner is:
Marie Morenz
Clothes for children
Rumford Street 4
80469 Munich
Phone: +49 (0) 89 - 23000280
Fax: +49 (0) 89 - 23000281
Email: shop@mariemorenz.de

represented by the business owner Linda Tippner. Complaints should also be sent to this address.

§ 3. Conclusion of contract and withdrawal

All offers in our online shop are non-binding. An order represents an offer to us to conclude a purchase contract. When you order from Marie Morenz, we will send you an email confirming receipt of your order and listing its details. This email does not represent acceptance of your offer, but is merely intended to inform you that we have received your order. A purchase contract is only concluded when we have checked the availability of the goods and confirmed the conclusion of the contract to you by email. If a product is not available in exceptional circumstances, we will also inform you by email. In this case, no purchase contract is concluded.

§ 4. Delivery

Information about delivery times is non-binding. We make every effort to meet delivery dates. In the event of delays in delivery due to circumstances that were not known to us when the order was placed and for which we are not responsible, delivery times will be extended accordingly.

If partial deliveries are necessary for faster processing, this will of course not incur any additional costs. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. When paying cash on delivery, the delivery and billing addresses must be the same.

§ 5. Prices, due date and payment

All prices are end consumer prices in € including the applicable German VAT. The prices at the time of the order apply. The prices refer to the items shown in the description, but not to the contents, accessories and accessories/decorations. The purchase price is due upon delivery of the goods and invoicing. Customers from Germany can pay by credit card or direct debit. Customers outside Germany can pay by credit card. Marie Morenz reserves the right to exclude individual payment methods.

If the customer defaults on payment, Marie Morenz is entitled to demand reasonable reminder fees and default interest of 5% above the base interest rate announced by the European Central Bank per annum. If Marie Morenz can prove that it has suffered greater damages due to the default, we are entitled to claim these.

Any return debit fees incurred by Marie Morenz due to the provision of incorrect account details will be charged to the customer.

§ 6. Packaging and shipping

The shipping costs are based on our current shipping costs table, which can be viewed at http://www.mariemorenz.de/shop/shop_content.php/language/de/coID/1/product/Versandkosten , plus a shipping fee of 1.50 € (incl. VAT).

Where possible, all surcharges will be included in the shipping costs indicated for an online order. However, Marie Morenz reserves the right to charge the customer for additional surcharges that could not be included in the automatic shipping cost calculation.


§ 7. Retention of title

The delivered goods remain the property of Marie Morenz until all claims against the customer resulting from the respective order have been settled in full.

§ 8. Right of withdrawal

You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins at the earliest with receipt of the goods and these instructions. To comply with the cancellation period, it is sufficient to send the cancellation or the goods in good time. The cancellation must be sent to:

Marie Morenz
Returns department
Rumford Street 4
80469 Munich

In the event of an effective cancellation, the services received by both parties must be returned. Please test the items carefully to ensure that no signs of use appear. If the goods are not unused, in their original packaging and in perfect condition, we will demand compensation from you for the deterioration that has occurred. This does not apply if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a store, for example. For hygiene reasons, swimwear and underwear can only be returned with the original protection glued in. There is no right of cancellation for personalized items.

Goods that can be sent as a parcel must be returned. If you return a delivery of goods with a total order value of up to €200.00, you will have to bear the cost of returning the goods if the goods delivered correspond to those ordered. Otherwise, the return is free of charge for you.

Return consequences

If you have any questions regarding the right of withdrawal, please contact our customer service: Tel.: 089-23000280

Otherwise, the provisions of Sections 312d, 355, 356 and 357 of the German Civil Code apply.

§ 9. Warranty and liability

If the delivered goods are defective, the buyer has the choice of whether the subsequent performance takes place by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance selected if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the buyer. If the subsequent performance fails, the buyer can in principle demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, if the breach of contract is only minor, in particular if the defects are only minor, the buyer has no right of withdrawal. If the subsequent performance takes place by replacement delivery, the customer is obliged to return the goods initially delivered to us. The subsequent performance only takes place when the goods initially delivered have been received back by us. The regulation regarding the costs of return in the event of cancellation applies accordingly.

In the case of slightly negligent breaches of duty, our liability is excluded unless a material contractual obligation is breached through slight negligence. Otherwise, our liability for contractual and non-contractual claims for damages is limited to compensation for typical and foreseeable damages - this does not apply, however, if the damage is based on grossly negligent or intentional behavior. This also applies to damages that a legal representative or vicarious agent has culpably caused.

§ 10. Data protection

DATA PROTECTION

§ 1. General

We only process your personal data (e.g. title, name, address, email address, telephone number) in accordance with the provisions of German data protection law and the data protection law of the European Union (EU). The following provisions inform you about the processing purposes, recipients, legal bases and storage periods, as well as your rights and the person responsible for your data processing. This data protection declaration only applies to our websites. If you are redirected to other websites via links on our pages, please find out there about how your data is handled.


§ 2 Contact

  1. Purpose of processing
    We process your personal data that you provide to us by email, contact form, etc. to answer and process your inquiries. You are not obliged to provide us with your personal data. However, without your email address we cannot respond to you by email either.
  2. Legal basis
    1. If you have given us your express consent to process your data, Art. 6 Para. 1a) GDPR is the legal basis for this processing.
    2. If we process your data to carry out pre-contractual measures, Art. 6 Para. 1b) GDPR is the legal basis
    3. In all other cases (especially when using a contact form) Art. 6 Para. 1f) GDPR is the legal basis. RIGHT OF OBJECTION: You have the right to object to data processing that is carried out on the basis of Art. 6 Para. 1f) GDPR and does not serve direct marketing purposes at any time for reasons arising from your particular situation. In the case of direct marketing, however, you can object to processing at any time without giving reasons.
  3. Legitimate interest
    Our legitimate interest in processing is to communicate with you quickly and to answer your inquiries cost-effectively. If you provide us with your address, we reserve the right to use it for direct mail advertising. You can protect your interest in data protection by sharing data sparingly (e.g. using a pseudonym).
  4. Recipient categories Hosting providers, shipping service providers for direct mail
  5. Storage period
    Your data will be deleted if the circumstances indicate that your query or the matter in question has been conclusively clarified. However, if a contract is concluded, we will retain the data required under commercial and tax law for the periods specified by law, i.e. usually ten years (see Section 257 HGB, Section 147 AO).
  6. Right of withdrawal
    In case of processing based on your consent, you have the right to withdraw your consent at any time.



§ 3 Comments

(1) Purpose of processing
It is possible to write a comment. Your data (e.g. name/pseudonym, email address, website) will then only be processed for the purpose of publishing your comment.
(2) Legal basis
The legal basis for this processing is Art. 6 Para. 1 f) GDPR.
(3) Legitimate interest

Our legitimate interest is the public exchange of user opinions on certain topics and products. The publication serves, among other things, to ensure transparency and opinion-forming. Your interest in data protection is preserved, as you can publish your comment under a pseudonym.
(4) Storage period
There is no specific storage period. You can request that your comment be deleted at any time.
(5) RIGHT OF OBJECTION
You have the right to object at any time to data processing which is carried out on the basis of Art. 6 (1) (f) GDPR and which does not serve direct marketing purposes for reasons arising from your particular situation.
In the case of direct marketing, however, you can object to the processing at any time without giving reasons.


§ 4 Information about cookies

(1) Purpose of processing
This website uses technically necessary cookies. These are small text files that are stored in or by your Internet browser on your computer system.
(2) Legal basis
The legal basis for this processing is Art. 6 Para. 1 f) GDPR.
(3) Legitimate interest
Our legitimate interest is the functionality of our website. The user data collected through technically necessary cookies is not used to create user profiles. This protects your interest in data protection.
(4) Storage period
The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies have a lifespan that varies from a few minutes to several years.
(5) RIGHT OF OBJECTION
If you do not want these cookies to be saved, please deactivate the acceptance of these cookies in your Internet browser. However, this may result in a restriction of the functionality of our website. You can also delete permanently saved cookies at any time via your browser.


§ 5 Newsletter

(1) Purpose of processing
When you register for the newsletter, your email address will be used for advertising purposes, i.e. as part of the newsletter we will inform you in particular about products from our range. For statistical purposes we can evaluate which links in the newsletter are clicked. We cannot identify which specific person clicked. You have expressly given the following consent separately or, if applicable, during the ordering process: Practising newsletter registration link.
(2) Legal basis
The legal basis for this processing is Art. 6 Para. 1 a) GDPR.
(3) Categories of recipients
if applicable, newsletter delivery provider
(4) Storage period
Your email address will only be stored for the duration of your desired registration for the newsletter dispatch.
(5) Right of withdrawal
You can revoke your consent at any time with effect for the future. If you no longer wish to receive the newsletter, you can unsubscribe as follows: via a registration link in the newsletter, by email


§ 6 Rights of the data subject

If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis us:


1. Right to information

You can request confirmation from us as to whether we process personal data concerning you.
If such processing takes place, you can request the following information from us:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration for which the personal data concerning you will be stored or, if specific information is not possible, the criteria for determining that period;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
(6) the existence of a right to lodge a complaint with a supervisory authority;
(7) all available information as to their origin, where the personal data are not collected from the data subject;
(8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you can request to be informed of the appropriate guarantees in accordance with Art. 46 GDPR in connection with the transfer.


2. Right to rectification

You have the right to request that we rectify and/or complete any personal data concerning you that are inaccurate or incomplete. We must carry out the rectification immediately.


3. Right to restriction of processing

You can request the restriction of the processing of personal data concerning you under the following conditions:
(1) if you contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
(2) if the processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead;
(3) if we no longer need the personal data for the purposes of processing, but you require them to assert, exercise or defend legal claims, or
(4) if you have objected to the processing pursuant to Art. 21 Para. 1 GDPR and it has not yet been determined whether the legitimate reasons to which we are entitled outweigh your reasons.
If the processing of personal data concerning you has been restricted, these data may – with the exception of storage – only be processed with your consent or for the establishment, exercise or defence of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above-mentioned conditions, we will inform you before the restriction is lifted.


4. Right to erasure

a) Obligation to delete
You can request that we delete the personal data concerning you immediately and we are obliged to delete this data immediately if one of the following reasons applies:
(1) The personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Art. 6 (1) (a) or Art. 9 (2) (a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 Para. 1 GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Para. 2 GDPR.
(4) The personal data concerning you have been processed unlawfully.
(5) The erasure of personal data concerning you is necessary to fulfil a legal obligation under Union or Member State law to which we are subject.
(6) The personal data concerning you were collected in relation to information society services offered in accordance with Art. 8 (1) GDPR.

b) Information to third parties
If we have made the personal data concerning you public and are obliged to delete it pursuant to Art. 17 Para. 1 GDPR, we will take appropriate measures, including technical ones, taking into account the available technology and the implementation costs, to inform the data controllers which process the personal data that you, as the data subject, have requested the deletion of all links to these personal data or of copies or replications of these personal data.

c) Exceptions
The right to erasure does not exist if processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation which requires processing by Union or Member State law to which we are subject, or to perform a task carried out in the public interest or in the exercise of official authority vested in us;
(3) for reasons of public interest in the area of ​​public health pursuant to Art. 9 (2)(h) and (i) and Art. 9 (3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 (1) GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously compromise the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.


5. Right to information

If you have asserted your right to rectification, erasure or restriction of processing vis-à-vis us, we are obliged to inform all recipients to whom the personal data concerning you was disclosed of said rectification, erasure or restriction of processing, unless doing so should prove impossible or involve disproportionate expenditure.
You have the right to be informed by us about these recipients.


6. Right to data portability

You have the right to receive the personal data concerning you that you have made available to us in a structured, common and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance, provided that
(1) the processing is based on consent pursuant to Art. 6 (1)(a) GDPR or Art. 9 (2)(a) GDPR or on a contract pursuant to Art. 6 (1)(b) GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This must not affect the freedoms and rights of other persons.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.


7. Right to object

You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (e) or (f) GDPR, for reasons related to your particular situation; this also applies to profiling based on these provisions.
We will then no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data concerning you is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for the purposes of such advertising; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
In connection with the use of information society services, you have the option of exercising your right of objection by means of automated procedures that use technical specifications, regardless of Directive 2002/58/EC.


8. Right to revoke the declaration of consent under data protection law

You have the right to revoke your consent to data protection at any time. The revocation of the consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.


9. Automated decision-making in individual cases, including profiling

You have the right not to be subjected to a decision based solely on automated processing – including profiling – which produces legal effects concerning you or similarly significantly affects you. This shall not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and us,
(2) is permitted by Union or Member State law to which we are subject and which contains appropriate measures to safeguard your rights and freedoms as well as your legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) GDPR, unless Art. 9 (2)(a) or (g) applies and appropriate measures to protect your rights and freedoms as well as your legitimate interests have been taken.
In the cases referred to in (1) and (3), we will take appropriate measures to safeguard your rights and freedoms as well as your legitimate interests.


10. Right to lodge a complaint with a supervisory authority

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement if you consider that the processing of personal data concerning you infringes the GDPR.
The supervisory authority with which the complaint was submitted shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Art. 78 GDPR.


Person responsible for data processing: Marie Morenz, Linda Tippner, Rumfordstrasse 4, 80469 Munich Telephone: 089.23000280 shop@mariemorenz.de




§ 11. Applicable law, place of jurisdiction and final provisions

The place of jurisdiction for all disputes arising from the business relationship is Munich, provided that the customer is a merchant or has no general place of jurisdiction in Germany.

The business relationship is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent permitted by law.

Should one or more provisions of these General Terms and Conditions be invalid, this does not result in the invalidity of the entire contract. The invalid provision will be replaced by a valid provision that corresponds to the presumed will of the contracting parties.

Right of withdrawal

You can revoke your contract declaration within two weeks without giving reasons in text form (e.g. letter, fax, email) or by returning the goods. The period begins at the earliest with receipt of the goods and these instructions. To comply with the cancellation period, it is sufficient to send the cancellation or the goods in good time. The cancellation must be sent to:

Marie Morenz
Returns department
Rumford Street 4
80469 Munich

In the event of an effective cancellation, the services received by both parties must be returned. Please test the items carefully to ensure that no signs of use appear. If the goods are not unused, in their original packaging and in perfect condition, we will demand compensation from you for the deterioration that has occurred. This does not apply if the deterioration of the goods is solely due to their inspection - as you would have been able to do in a store, for example. For hygiene reasons, swimwear and underwear can only be returned with the original protection glued in. There is no right of cancellation for personalized items.

Goods that can be sent by parcel must be returned. If you return a delivery of goods with a total order value of up to €40.00, you will have to bear the costs of the return if the goods delivered correspond to those ordered. Otherwise, the return is free of charge for you. The return is at our risk and at our expense. We ask that you use the enclosed parcel stamps, which you can obtain free of charge from our customer service (Tel.: 089-23000280).

Return consequences

If you have any questions regarding the right of withdrawal, please contact our customer service: Tel.: 089-23000280

Otherwise, the provisions of Sections 312d, 355, 356 and 357 of the German Civil Code apply.