Scope:
These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between a consumer (hereinafter referred to as "customer" or "you") and TST Marici GmbH (hereinafter referred to as "seller" or "we") regarding the goods and/or services presented in the seller's online shop. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
(Business customers and resellers are requested to contact us directly.)
Contract conclusion; correction options; storage of the contract text:
You can add products displayed in our online shop to your shopping cart without obligation and change your entries at any time during the ordering process by using the correction options explained there. By clicking the order button, you submit a binding order for the products in your shopping cart. After confirmation of payment by your payment provider (see details below under "Payment"), you will receive an order confirmation by email with a summary of your order and the invoice. A binding contract between you and the seller is concluded upon transmission of the order confirmation. The seller will not provide the contract text beyond this point.
Our products are only available via mail order; collection is not possible. Delivery will be made to the delivery address provided by the customer, unless expressly agreed otherwise. We reserve the right to make partial deliveries.
If the delivery service returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful delivery. This does not apply if the customer effectively exercises their statutory right of withdrawal or if delivery cannot be made due to circumstances for which the seller is responsible.
If the goods are delivered with obvious transport damage, please report the defect to the delivery service and also notify us immediately. Failure to report the defect or contact us will not affect your statutory rights or the enforcement of these rights. However, your cooperation will help us to assert our own claims against the delivery service or transport insurer.
Delivery times:
Currently, delivery is limited to Germany and EU countries.
We deliver quickly and securely with DHL. Your order will be processed and prepared for shipment within 2-7 business days, depending on product availability and credit check. Once your order has been shipped, you will receive an email with a tracking number. After receiving the tracking number, you can expect delivery within 48 hours within Germany and within 2-5 business days to other EU countries. Delivery times may vary and are not guaranteed, but we strive to fulfill all orders as quickly as possible.
For a more detailed overview of our shipping conditions, please find further information here:
Link marici/versand.com
Delivery costs:
In addition to the displayed product prices, delivery costs may apply. These vary depending on the delivery location and are calculated and displayed at checkout. Further information regarding delivery costs can be found in the individual product listings.
Pay:
We accept payments by credit card and through certain payment providers, which may change from time to time. The accepted payment methods will be displayed during the ordering process.
credit card
For credit card payments, please enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, authenticate yourself with your login details, and confirm the payment instruction. The payment transaction will be processed by PayPal after you place your order. You will receive further instructions during the ordering process.
Apple Pay
To pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself with your login credentials, and confirm the payment instruction. The payment process is processed immediately after the order is placed. You will receive further information during the ordering process.
Taxes and duties
Our products include VAT applicable to deliveries within the EU. However, shipping costs do not include customs duties and taxes that may be levied upon import by the destination country. These duties typically depend on the order value, and their payment is the customer's responsibility. We will not issue refunds if the customer fails to pay such duties and collect the ordered products from the relevant customs office.
Retention of title
The purchased goods remain our property until they have been paid for in full.
Our right of withdrawal
We reserve the right to withdraw from the contract in the event of incorrect or insufficient delivery to us by our suppliers. This applies only if the non-delivery is not our fault and we have not concluded a specific hedging transaction with the supplier in question. In any case, we will make every reasonable effort to procure the goods. In the event of non-availability or partial availability of the goods, we will inform the customer immediately and refund any payments already made for the goods in question.
Your right of withdrawal
We understand that sometimes a particular design simply doesn't suit you or you don't like it. As long as the item is still in its original condition, you have a statutory right of withdrawal of 14 days and can return the goods for a refund of the purchase price if you were resident in the EU, the EEA, or the United Kingdom at the time of purchase. Return shipping costs are non-refundable unless the goods are defective.
Detailed information about your right of withdrawal and how to exercise this right can be found in our cancellation policy (link to cancellation policy).
Condition of the goods you are returning
Items you wish to return must be in their original condition, with original packaging and all tags. We may charge you compensation up to the purchase price for any loss in value resulting from handling the goods beyond what is necessary for trying them on.
For worn, washed, or otherwise altered products, we may refuse a full or partial refund. Therefore, please be careful when trying on items and take care not to stain them with makeup or perfume.
Custom-designed items or special orders are excluded from exchange and return.
How long will it take for my refund to be processed?
Please note that we do not send notifications upon receipt of returned goods. We process your return within 2-7 business days of receipt. We will send you an email once our team has processed your refund.
Refunds can only be issued using the original payment method. Refunds for payments made by credit card, PayPal, or other payment providers may take up to 10 business days to appear in your account.
Limitation of liability
The seller is liable for damages, regardless of the legal basis, only to the extent that the damage was caused by gross negligence or intentional misconduct attributable to the seller. In the event of death or injury to a natural person, the seller is also liable for slight negligence in accordance with statutory provisions. Furthermore, the seller is liable in accordance with statutory provisions for the slightly negligent breach of a material contractual obligation, but only to the extent of damages that were reasonably foreseeable for the seller at the time of conclusion of the contract. "Material obligations" in this sense are all obligations whose fulfillment is essential for the proper performance of the contract and the achievement of its purpose, and on whose compliance the customer may regularly rely according to the content and purpose of the contract, such as the obligation to perform the contract in a timely manner and to prevent damage to the life, health, and property of the customer and their family members or household members. Limitations of our liability agreed upon in the contract or in these terms and conditions also apply to the personal liability of our officers, employees, or agents.
Mandatory liability under the Product Liability Act or based on a warranty of quality remains unaffected by the above provisions.
Applicable law
The contractual relationship between the parties is governed by the laws of the Federal Republic of Germany, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is domiciled in the European Union, the EEA, or the United Kingdom, the law of the country in which the customer has their habitual residence may also apply with regard to mandatory consumer protection provisions.
Jurisdiction
If the customer has no general place of jurisdiction in Germany, or if the customer's domicile or habitual residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all legal disputes arising from or in connection with the purchase agreement and these terms and conditions, or their termination, is the seller's place of business. However, the seller is also entitled, at its discretion, to bring an action against the customer at the customer's general place of jurisdiction.