TERMS AND CONDITIONS
Welcome to www.marinahoermanseder.com. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. If you do not agree to these Terms and Conditions, please do not use the Website.The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently; the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.Please note that these Terms and Conditions do not affect your statutory rights as a consumer.All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Marina Hoermanseder (or is licensed to Marina Hoermanseder). This Content includes, but is not limited to, the design, structure, selection, coordination and expression. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Marina Hoermanseder's prior written permission.You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become Marina Hoermanseder's property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Marina Hoermanseder shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
3. Pricing Policy
3.1 Product prices shown on the Website are in Euros and are inclusive of value added tax (VAT) and are correct at the time that the Product Description was first entered on to the Website. Product prices shown on the Website (irrespective of which currency you choose to pay in) may change from time to time, for example, if the applicable currency exchange rate changes before your Order is accepted or the Product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order (as described in more detail in clauses 7 and 10 below).
3.2 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Age restrictions
4.1 We cannot sell the following Products to persons under the age of eighteen (18): knives, Products containing intoxicating liquor or Products containing tobacco. For clarity a drink containing alcohol is classified as "intoxicating" if it contains more than 0.5% of alcohol by volume (0.5% abv). Vintages, labels and closures may vary. All wines are 75cl and all spirits and liquors 70cl unless otherwise stated.
4.2 We cannot sell the following Products to anyone under the age of sixteen (16): chocolate containing liquor, Christmas crackers or cracker snaps or party poppers.
4.3Games or DVDs cannot be sold to anyone under the age certificate specified on the Product.
4.4 By placing an Order for age-restricted Products such as the above, you warrant that you meet the age requirement for that Product and, in any event, you are at least sixteen (16) years old and the information you provide is truthful and correct. It is an offence to buy or attempt to buy age-restricted Products if you are under age or to purchase such Products for someone else who is under age.
4.5 We reserve the right not to sell or deliver any age-restricted Product to anyone who is, or appears to be, under the required age.
5. Order process
5.2 The technical steps to place your Order and create a contract of sale between you and Marina Hoermanseder are, as follows:
a) You place an Order on the Website by pressing the ‚Buy Now’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
5.3The contract between you and Marina Hoermanseder will be concluded in English and subject to the laws of Germany and the jurisdiction of the German courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection of it from a delivery by us to your nominated address.
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Website
6.1 You can currently pay in Euros.
6.2 We accept payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express.
6.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7. VAT and Non-EU Customs
7.1 All Product prices shown on the Website are inclusive of any applicable German VAT.
7.2 Where you have requested delivery of your Order to an EU country, the total cost of your Order will include German VAT.
7.3 Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include VAT. However, it will include any taxes, duties, fees, levies or other charges levied by that non-EU country, which will be added to your Order at checkout and paid on your behalf by Marina Hoermanseder to the relevant local customs authorities.
7.4 Before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these.
8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
8.2 All parcels will be delivered by us and will require a signature on delivery.
8.3 Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.
8.4 You will be held responsible for the shipping cost in case you provide us with a incorrect delivery address;
9. Cancellation before dispatch or notification of collection
9.1 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can let us know by emailing or telephoning Marina Hoermanseder's Customer Services team by email firstname.lastname@example.org or by calling +49 (0) 30 213 009 77. Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Refunds Policy below. All cancellations must be made prior to dispatch.
Cancellation after dispatch or notification of collection
9.2 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched or you have been notified that it is ready for collection, then you need to let us know within fourteen (14) days after the day on which you receive or collect your Order. You can notify us by using any one of the options identified in clause 9.1 above. Once we have received notification from you of your wish to cancel your contract, you then have a further fourteen (14) days to return your Order to us.
10. Returns Policy
10.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
10.2 Please note that your right to cancel or return a Product does not apply to personalised, perishable or time critical Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification;
b) Newspapers, periodicals or magazines (with the exception of a subscription contract for such publications);
c) Event tickets;
d) Hampers, food, beverages and other perishable goods, such as flowers. Should you have any issues with an Order for flowers, please see below for more information;
e) Unsealed audio or video recordings (such as CDs, DVDs) or unsealed computer software; and
f) Unsealed beauty items including toiletries and cosmetics which have been opened, tested or partially used.
10.3 Where lingerie, swimwear, cosmetics and earrings are hygiene articles. Refunds will not be provided.
10.4 Please note that clauses 10.2 and 10.3 do not apply to faulty or incorrectly supplied Products where your statutory rights are unaffected.
How to return an item: Process and payment for returning a Order
10.5 If your Order was delivered to you and now you wish to return it then please send it back in perfect condition and within two weeks. Please pack your items in a way, which prevent damage. We will charge you for any damages regardless of the reason. Damages are any kind of changes on the product which deviate from the perfect item from the factory.