B2B Terms and Conditions

General Terms and Conditions

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and businesses.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. A business is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when entering into a legal transaction.

For businesses, these terms and conditions also apply to future business relationships, without us having to refer to them again. If the business uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Hey Marly GmbH.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage
The language available for the conclusion of the contract is German.

We save the contract text and send you the order data and our General Terms and Conditions by e-mail. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery conditions

In addition to the stated product prices, shipping costs may apply. You can find more detailed information on any shipping costs in the offers.

We deliver exclusively by shipping. Unfortunately, self-collection of the goods is not possible.

Return costs are to be borne by the customer.

5. Payment

The following payment methods are generally available to you in our shop:

Credit card
By placing the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically and your card is charged.

PayPal, PayPal Express
During the order process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately thereafter. You will receive further instructions during the order process.

Sofort by Klarna
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have a bank account activated for online banking, authenticate yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction is carried out by Sofort immediately thereafter and your account is debited.

6. Retention of title

The goods remain our property until full payment has been made.
For businesses, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - regardless of any connection or mixing of the reserved goods with a new item - up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

7. Transport damage

For consumers:
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and please contact us immediately. Failure to complain or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

For businesses:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods are deemed to have been approved, unless it is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
When consumers purchase used goods, the following applies: if the defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
For businesses, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Towards businesses, only our own statements and the manufacturer's product descriptions that were included in the contract are considered an agreement on the quality of the goods; we do not assume any liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to businesses, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above limitations and reductions of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as malice
• in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and claims by e-mail at service@heymarly.com.

9. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in case of guarantee promises, if agreed, or
• insofar as the scope of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract. Otherwise, claims for damages are excluded.

10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer arbitration board.

 12. Vouchers

If you purchase and pay for a voucher from Hey Marly GmbH, you will only receive it after payment has been received. Payment is equivalent to a normal bank transfer and usually takes 3-5 banking days.

When ordering a voucher, you must provide a correct e-mail address for dispatch. We are not liable for the loss of the voucher.

The Hey Marly voucher can be used until the credit balance is zero. The credit balance of a gift voucher will neither be paid out in cash nor accrue interest.

If goods purchased with a voucher are returned, the purchase price of the returned items will be credited back to the respective voucher. The voucher is recharged systematically, not manually.

By purchasing and/or using the voucher from Hey Marly GmbH, you agree to the terms of use that were handed over to you at the time of purchase.

13. Terms of Use for Discount Codes

Usage: Each customer can apply the respective discount code once per purchase.

Combining Discount Codes: Discount codes cannot be combined with each other. We also reserve the right to exclude the application of discount codes, including personalized discount codes, from already reduced items.

Subsequent Crediting: Subsequent crediting of a discount code to an already completed order is not possible.

Special Conditions for MARLY’S CLUB:

1. MARLY’S CLUB

HEY MARLY GmbH ("HEY MARLY") operates the HEY MARLY loyalty program "MARLY'S CLUB" and manages the loyalty points credited to you for your activities within MARLY'S CLUB. Every natural person who registers at https://www.heymarly.com/account/register, creates a HEY MARLY online customer account, and thereby accepts the GTC automatically participates in MARLY'S CLUB. Participation is free of charge.

2. COLLECTING POINTS

Points can be collected in the HEY MARLY online shop as soon as you have created a MARLY'S CLUB online customer account in the HEY MARLY online shop.

Ways to collect points:

In the HEY MARLY online shop:

For every purchase you make in the HEY MARLY online shop after creating a MARLY'S CLUB online customer account, points will be credited to your personal points account at the currently valid percentage of your respective purchase value of HEY MARLY products (minus returns). No points will be awarded for the purchase of (gift) vouchers and for shipping costs.

3. REDEEMING POINTS

All points received with your purchases in the HEY MARLY online shop change to active status after 21 days and are then available in your MARLY'S CLUB online customer account. All other points, which are credited to your points account e.g. through special promotions, are directly available in your MARLY'S CLUB online customer account.

Once you have reached 1,000 released points, you can redeem them in your online customer account under "MARLY'S CLUB" as a discount voucher or directly at the check-out. A cash payment of the points or a credit towards shipping costs is not possible.

The redemption of points is limited to 3,000 points = €30 per purchase.

Points that have not been redeemed within 12 months of their acquisition will expire.

4. YOUR STATUS IN MARLY’S CLUB

BEST FRIENDS STATUS
As soon as you have created a MARLY'S CLUB online customer account, you automatically attain BEST FRIENDS status. The BEST FRIENDS status is valid indefinitely and is not transferable.

SOUL SISTER STATUS
If you have collected at least 1,500 active points, you automatically switch to SOUL SISTER status. Your SOUL SISTER status is not transferable.

 

5. CHANGES TO MARLY'S CLUB / TERMS OF PARTICIPATION, TERMINATION AND CESSATION

• HEY MARLY reserves the right to discontinue, supplement or change the MARLY'S CLUB loyalty program, with reasonable notice, or, if there is an important reason such as a change in legislation, supreme court case law or market conditions, even without such notice, while adequately safeguarding your interests.
• HEY MARLY also reserves the right to change or supplement the terms of participation, insofar as this is necessary in the interest of simple and secure processing and in particular to prevent abuse.
• Changes will be communicated to you either during your login process to your MARLY'S CLUB online customer account or in advance by e-mail to your specified e-mail address in the MARLY'S CLUB online customer account. A change is considered approved if you do not object within one month of receiving the change notification and HEY MARLY has informed you of this legal consequence in the change notification. If you do not accept these changes or object to the change or supplement, you can unfortunately no longer participate in MARLY'S CLUB and we must block your MARLY'S CLUB online customer account.
• HEY MARLY can terminate and block the MARLY'S CLUB online customer account at any time for good cause, e.g. if the participant violates these general terms of participation.