GENERAL TERMS AND CONDITIONS OF BUSINESS
§1. General
MARGOVA, Friedrich-Ludwig-Jahn-Straße 2, 76530 Baden-Baden, Managing Director Denitza Margova, Telephone +49 721 9416470, info@margova.com , operates under the Internet address http://margova.com (hereinafter "MARGOVA" , "website" or "we") an online shop. For all orders that you place via the website and for our deliveries and services, the following general terms and conditions apply exclusively in the version valid at the time of the order. Differing provisions of the customer we do not recognize them unless we have agreed to their validity in writing.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.
We are not willing to participate in dispute settlement procedures before consumer arbitration boards.
The relevant language version of the General Terms and Conditions is the German version. The English version is a translation of the German text of the contract. In questions of interpretation, the German version is authoritative.
§2 Conclusion of contract
1. The presentation of the goods on our website does not constitute an offer by MARGOVA to conclude a sales contract.
2. By sending us the order form provided on our website, you make a binding offer to conclude a purchase contract with us. You submit the offer by entering all the necessary information during the ordering process and finally sending the order form to us by clicking the "Complete order" button. Before submitting the offer, you will receive an overview of the information you have provided and the opportunity to correct any input errors.
3. If the "PayPal Express" payment method is selected, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") of the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without PayPal Account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.
4. After we have received your order, we will send you an e-mail confirming that we have received your order and listing the details of your order (order confirmation). Please note that this order confirmation is not a declaration of acceptance of your contract offer, but is for information only.
5. The purchase contract between you and MARGOVA is only concluded when we accept the offer by sending the ordered goods. In the case of advance payment, the delivery will only take place after the full amount has been credited to our account.
6. MARGOVA is entitled to reject an offer on your part without giving reasons, in particular if there is reasonable suspicion that the goods purchased via the Internet are to be resold commercially.
§3 cancellation policy
1. If you acted as a consumer when concluding the purchase contract concluded between you and MARGOVA, you are entitled to the following statutory right of withdrawal. The right of withdrawal applies exclusively to consumers in accordance with Section 13 of the German Civil Code.
Statutory right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of cancellation, you must send us a clear statement (e.g. a letter sent by post or email) to MARGOVA, Friedrich-Ludwig-Jahn-Straße 2, 76530 Baden-Baden, telephone +49 721 9416470, returns@margova.com inform you of your decision to revoke this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and no later than fourteen days from the day on which we received the notification of the cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or expiry of the right of withdrawal
The right of withdrawal only applies to items that have not been customized or changed. The right of withdrawal does not apply to personalized products.
End of revocation
Sample cancellation form
A version of the model cancellation form is available for download here . In addition, we will send you a version of the model cancellation form immediately after the conclusion of the contract.
2. The above right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs. The right of withdrawal expires prematurely if the seal has been removed or damaged after delivery of the goods.
§4 Prices; product presentation; Availability; gift cards; Promotion Code
1. The prices stated on our website http://margova.com at the time of your order apply. The prices quoted are final prices and include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description. Shipping costs are specified in the shipping costs table and added to the prices.
2. The goods offered at http://margova.com are presented on the website in the form of digital photographs of the real goods. Minor deviations between the representation and reality do not constitute a defect in the goods ordered.
3. We draw your attention to the fact that the items presented at http://margova.com may no longer be available or no longer available at the time the customer visits the website and the corresponding prices may have changed.
4. If you have ordered several products at the same time, the individual products can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are only charged once here.
5.Gift Card
5.1 The Gift Card is valid for an unlimited period of time from the date of purchase and can be used to purchase all items except other Gift Cards.
5.2 The exchange or payment of your Gift Card is excluded outside of the statutory rights of return and withdrawal to which you are entitled.
5.3 The Gift Card is available in the respective currency of our delivery countries and can only be redeemed in the selected destination country.
5.4 When purchasing the Gift Card, you can choose between two options: either a Gift Card by e-mail (“E-Gift Card”) or a Gift Card by post.
5.5 MARGOVA reserves the right to cancel or block the Gift Card if there is a legitimate reason for doing so, for example in the event of loss or misuse of the Gift Card. MARGOVA will inform you about the cancellation or blocking of the Gift Card.
6. Promotion Code
6.1 Promotion Codes have variable expiry dates and are applicable to the purchase of all items except Gift Cards. The specific term of your promotion code can be found in the document that also contains the promotion code.
6.2 The exchange or payment of promotion codes that you have received from MARGOVA as part of marketing campaigns or for reasons of goodwill is excluded. A payout of other promotion codes is also excluded outside of the return and withdrawal rights to which you are entitled by law.
6.3 MARGOVA reserves the right to cancel or block the Promotion Code if there is a legitimate reason to do so, for example in the event of loss or misuse of the Promotion Code. MARGOVA will inform you about the cancellation or blocking of the promotion code.
6.4 Information on returning items from orders with a promotion code: If you make use of your right of withdrawal, the reduced purchase price will be refunded to you. If you cancel or return an item from an order that originally contained multiple items, the value of the promotion code will be deducted pro rata from the total price of the item and you will be refunded accordingly. The promotion code expires in proportion to the value of the returned item. If all items are canceled or returned, the promotion code will expire and the originally paid amount will be refunded. There is no right to a refund or replacement of a promotion code from a promotion.
6.5 Only one campaign voucher or promotion code can be redeemed for each order. Gift vouchers cannot be combined with a campaign voucher or promotion code.
6.6 MARGOVA reserves the right to limit the validity of campaign vouchers and promotion codes to certain products.
6.7 Items purchased with a promotional voucher marked 'Finale Sale' cannot be exchanged.
§5 Storage of the text of the contract
We save your order data. If you want a printout of your order, you have the option of printing out a "confirmation of receipt". This appears on your screen after you have sent the order to us by pressing the "Complete order" button and your credit card details have been successfully checked.
You will also receive the order confirmation with all the data provided by email, as well as a version of the model cancellation form that can also be printed out.
§6 Delivery and Shipping
1. The goods will be shipped immediately after receipt of the full purchase price including any delivery and shipping costs, unless otherwise agreed for the respective item.
2. Goods are regularly delivered to the shipping route and to the delivery address specified by the customer. Delivery is worldwide. When processing the transaction, the delivery address that the customer specified in the order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.
3. MARGOVA performs within the delivery period specified during the ordering process and in the order confirmation. The delivery time for standard shipping within Germany is 2-5 days, Europe-wide 3-7 days, worldwide up to 21 days.
4. If the transport company sends the shipped goods back to MARGOVA because it could not deliver them to the customer, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless MARGOVA had announced the service to him a reasonable time in advance.
5. If the ordered goods are temporarily unavailable, MARGOVA will inform the customer of the new expected delivery period. If the new delivery period is not reasonable for the customer, he has the right to withdraw from the contract. In the event of permanent unavailability, MARGOVA undertakes to inform the customer immediately. In this case, both parties are entitled to withdraw from the contract. In this case, MARGOVA is obliged to reimburse payments made immediately.
6. If the items delivered have obvious material or manufacturing defects, including transport damage, please report such defects immediately to us or to the employee of the transport service provider who is delivering the items. However, failure to report this has no consequences for your legal claims.
§7 Terms of payment
1. Payments Accepted
The customer pays via PayPal, credit card or in advance by bank transfer.
2. Payment by gift card
Payment by gift card is made by entering the gift card code in the field provided during the ordering process and then clicking the "Apply" button ("Cart" order step). If the order value exceeds the value of the gift card code, you must also select one of the payment methods offered with which you want to pay the remaining amount. If the value of the Gift Card code is higher than the order value, you can use the same code again for your next purchases until the Gift Card balance is completely used up. A cash payment for the Gift Card is not possible.
3. Payment by Promotion Code
Payment by promotion code is made by entering the promotion code in the field provided during the ordering process and then clicking the "Apply" button ("Cart" order step). If the order value exceeds the value of the promotion code, you must also select one of the payment methods offered with which you want to pay the remaining amount.
4. Payment is due immediately after conclusion of the contract. MARGOVA can withdraw from the contract if payment is not received within 14 days of the conclusion of the contract.
5. Set-off
Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for a decision or is undisputed or includes a claim for compensation due to the costs of remedying defects from the same contractual relationship.
6. Right of retention in commercial transactions
In commercial transactions, a right of retention and a right to refuse performance of the buyer are excluded with the exception of undisputed, legally established counterclaims or claims from the removal of defects from the same contract.
§8 Customs
1. If the customer orders products from MARGOVA for delivery outside the EU, they may be subject to import duties and taxes, which are levied once the package reaches the designated destination. Any additional charges for customs clearance must be borne by the customer; MARGOVA has no control over these fees. Customs regulations vary greatly from country to country, so the customer should contact their local customs office for more information.
2. When ordering from MARGOVA, the customer is considered the importer and must comply with all laws and regulations of the country in which he receives the products. Cross-border deliveries are subject to opening and inspection by customs authorities.
§9 Retention of title
Each delivered product remains the property of MARGOVA until full payment.
§10 Questions about the order or complaints
Questions about your order or complaints please contact our customer service:
Email: customercare@margova.com
Telephone: +49 721 9416470
§11 Warranty
1. The statutory warranty provisions apply to consumers.
2. Entrepreneurs must report obvious defects in the goods to MARGOVA in writing or in text form within 2 weeks of receipt of the goods, otherwise the assertion of warranty rights is excluded. The timely dispatch of the notification of defects is sufficient to meet the deadline.
3. The limitation period for the rights of a consumer in the case of defects in the products is 2 years, for the rights of an entrepreneur 1 year - in each case from the delivery of the goods to the customer. MARGOVA assumes no liability for defects caused by adjustments, changes or other modifications to the products made by a third party not authorized by MARGOVA.
§12 Liability
1. We have unlimited liability for intent and gross negligence. In the event of a slightly negligent breach of a primary obligation or an ancillary obligation, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer could rely ("essential obligation"), our liability is limited to foreseeable , contract-typical damages are limited. We are not liable for the slightly negligent breach of contractual obligations that are not part of the essential obligations.
2. Liability in the event of fraudulent concealment of defects or the assumption of a quality guarantee as well as liability for claims based on the Product Liability Act and for damage resulting from injury to life, limb or health remain unaffected. This does not involve a change in the burden of proof to the detriment of the customer.
3. Insofar as MARGOVA's liability is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and vicarious agents.
§13 Choice of Law, Effectiveness
1. German law applies exclusively to all legal disputes arising from or in connection with the purchase contract, excluding the UN Sales Convention.
2. Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions.
As of January 2020