Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Redemption of Gift Vouchers
11. Applicable Law
12. Jurisdiction
13. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Mamarella GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these GTC apply accordingly unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are neither commercial nor self-employed professional activities.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when the first of these alternatives occurs. The acceptance period begins the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. 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 their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby accepts the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted their order. The Seller does not make the contract text otherwise accessible. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.

2.6 Before submitting the order via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. A useful technical means to better detect input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that 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 by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out by PayPal, which may also use third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller advances payment to the Customer (e.g., invoice purchase or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative credit check. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general Customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use further payment services for processing payments, which may be subject to special payment terms that the Customer will be separately informed about if applicable. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Ratepay" is selected (e.g., Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay installment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter "Ratepay"), to whom the Seller assigns its claim against the Customer. Which Ratepay payment methods the Seller offers in detail will be communicated to the Customer on the Seller’s website. The Customer can only make payment to Ratepay with discharging effect. However, the Seller remains responsible for general Customer inquiries (e.g., regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credit notes). Otherwise, the General Payment Terms of Ratepay apply, which can be accessed here: https://www.ratepay.com/legal-payment-terms/

4.8 If the payment method "PayPal Invoice" is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s assignment declaration, PayPal conducts a credit check using the transmitted Customer data. The Seller reserves the right to refuse the payment method "PayPal Invoice" in case of a negative credit check. If the payment method "PayPal Invoice" is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods unless PayPal specifies a different payment term. In this case, the Customer can only make payment to PayPal with discharging effect. However, the Seller remains responsible for general Customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, withdrawal declarations and submissions, or credit notes, even in the event of assignment of claims. Additionally, the General Terms of Use for the use of PayPal’s invoice purchase apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.9 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the Customer’s bank account on behalf of the Seller after the issuance of a SEPA direct debit mandate, but not before the deadline for advance notification has expired. Advance notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account balance or incorrect bank details or if the Customer objects to the debit without authorization, the Customer must bear the fees incurred by the respective credit institution due to the chargeback if the Customer is responsible for this.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending if the Customer effectively exercises their right of withdrawal. For return shipping costs in case of effective exercise of the right of withdrawal by the Customer, the provisions in the Seller’s withdrawal policy apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as a consumer as soon as the Seller has delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment if the Customer has commissioned the carrier, freight forwarder, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the Seller’s fault and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Due to logistical reasons, self-collection is not possible.

5.6 Vouchers will be provided to the Customer as follows:

• by download
• by e-mail
• by postal mail

6) Retention of Title

If the Seller advances payment, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• the limitation period for defect claims for new goods is one year from delivery of the goods;
• claims for defects for used goods are excluded;
• the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

7.2 The above liability limitations and shortened limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
• to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty of examination and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to report obvious transport damages to the carrier and notify the Seller. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is fully liable regardless of the legal grounds

• in cases of intent or gross negligence,
• in cases of intentional or negligent injury to life, body, or health,
• based on a guarantee promise, unless otherwise regulated in this regard,
• based on mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage unless unlimited liability applies according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller to achieve the contract’s purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer regularly relies.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if such restriction results from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

9.4 Only one Promotional Voucher can be redeemed per order.

9.5 If the Promotional Voucher refers to a specific value and not a percentage discount, the order value must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher within their statutory right of withdrawal.

9.9 The Promotional Voucher is intended only for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

10.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.

10.3 Gift Vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

10.4 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.5 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

10.6 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.

10.7 The Gift Voucher is intended only for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

12) Jurisdiction

If the Customer acts as a merchant, legal entity under public law, or special fund under public law with registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the aforementioned cases, the Seller is entitled to bring an action before the court at the Customer’s place of business.

13) Alternative Dispute Resolution

The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.