§ 1 Applicability, Definitions

(1) Marvelous Marmots, represented by Andreas Greimel and Thomas Greimel, Feldstr. 15a, 84405 Dorfen, Germany (hereinafter: “we” or “Marvelous Marmots”), operates an online shop for goods under the website https://marvelousmarmots.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership that is endowed with the ability to acquire rights and incur liabilities.

§ 2 Formation of Contracts, Storage of the Contract Text

(1) The following provisions regarding the conclusion of the contract apply to orders placed through our online shop at https://marvelousmarmots.com.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following provisions apply: The customer makes a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding the products by clicking the corresponding button (e.g., “Add to Cart”, “Add to Shopping Bag”, etc.),
3. Review of the information in the shopping cart,
4. Calling up the order overview by clicking the corresponding button (e.g., “Proceed to Checkout”, “Proceed to Payment”, “View Order Summary”, etc.),
5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
8. The contract is concluded when we send you an order confirmation to the specified email address within three working days.

(4) In the event of the conclusion of the contract, the contract is concluded with Marvelous Marmots, represented by Andreas Greimel and Thomas Greimel, Feldstr. 15a, 84405 Dorfen, Germany.

(5) Before placing the order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions, and the cancellation policy, are carried out by email after you trigger the order, partly automatically. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by canceling the ordering process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.

§ 3 Subject Matter of the Contract and Essential Characteristics of the Products

(1) The subject matter of the contract in our online shop is:

1. The sale of goods. The specific goods offered can be found on our product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly indicated in the product description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a corresponding button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as shipping-free. The shipping costs will be clearly communicated to you again on the offers, possibly in the shopping cart system and on the order overview.

(4) All products offered are, unless otherwise stated in the product description, ready for immediate shipment (delivery time: 7 days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is NOT made to the following countries: Crimea, Luhansk, and Donetsk regions in Ukraine, Russia, Belarus, Ecuador, Cuba, Iran, North Korea, and Syria.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply with regard to the costs of sending the goods if you effectively exercise your right of withdrawal. For the return shipping costs, the provisions made by us in the cancellation policy apply in the event of your effective exercise of the right of withdrawal.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our Cancellation Policy.

§ 7 Contract Language

The contract language is exclusively English.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tortious acts is limited to intent or gross negligence.

(2) We are liable in cases of slight negligence in the event of injury to life, body, health, or in the event of a breach of an essential contractual obligation without limitation. If we are in default with the performance due to slight negligence, if the performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting material and financial damages is limited to the typically foreseeable damage. An essential contractual obligation is one whose fulfillment is necessary for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes in particular our obligation to act and to fulfill the contractually owed performance, which is described in § 3.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Sales Law do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(4) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving consumers.