Terms of service

General Terms and Conditions with Customer Information

Last Update: 21. December 2022

Table of contents

 

  1. Validity of the GTC
  2. Contact and service details
  3. General Information on Offers and Orders
  4. Ordering Process and Conclusion of Contract
  5. Contract Text and Contract Language
  6. Prices and Shipping Costs
  7. Payment Methods and Terms
  8. Purchase on account
  9. Delivery, Availability of Goods
  10. Sale of Vouchers
  11. Production and processing according to the Customer\'s specifications
  12. Promotional vouchers
  13. Copyright and Rights of Use
  14. Protection of minors and age verification
  15. Instructions on Withdrawal
  16. Warranty and Liability
  17. Return and Refund Policy
  18. Privacy Policy
  19. Legal Notice
  20. Shipment, Customs, Duties and Taxes
  21. Applicable Law and Competent Jurisdiction
  22. Force majeure
  23. Dispute Resolution

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between MARGAY (Anna Jungblut) (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  3. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  4. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
  5. The products are only sold to consumers for private use in normal household quantities. The vendor reserves the right to refuse orders where we it is assumed, based on the order quantity or other indications, that the order is for commercial purposes.
  6. Vendor does not offer products for sale by minors. If you are under the age of 18, parental consent is required.
  7. Subject to errors. Vendor supplies as long as the products are not out of stock.

2. Contact and service details

  • Please note the following information about the availability of our customer service.
  1. E-mail address: info@margay.me
  2. Contact form: https://margay.me/pages/contact
  3. Customer service availability: on workdays from 10am to 16pm

3. General Information on Offers and Orders

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

4. Ordering Process and Conclusion of Contract

  1. The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket. After receipt of the order, the customer will automatically receive an e-mail to the e-mail address provided by him to confirm receipt of the order ("Confirmation of receipt of the order"). The confirmation of receipt of the order does not constitute a declaration of acceptance.
  2. The Vendor may accept the Customer's offer within 10 (ten) days (hereinafter referred to as the "Acceptance Period") or reject it by sending a corresponding declaration by e-mail - even without giving reasons - but especially in the case of price increases that have occurred in the meantime or any errors caused by error the website, price lists or other documentation. Any liability on our part for such price increases is excluded.
  3. The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer (in the store, or if used and named, on the platform used or by means of other communication channels) and ends with the expiry of its last day.
  4. We are also not obliged to accept the order or to deliver the goods and thus conclude a purchase contract if (a) the order is incomplete or incorrect, (b) the ordered goods are no longer available (i.e. sold out or are no longer sold), (c) the credit card details entered are incorrect or the bank has not approved the debiting of said credit card or (d) for example, the customer has violated the statutory cancellation and has made use of the right of return in an abusive manner. If one of these cases occurs, the customer will be promptly informed by e-mail that a purchase contract has not been concluded and payments already made for the goods ordered will be reimbursed.
  5. The legally binding purchase contract for the ordered goods only comes into effect when the order is expressly or impliedly accepted, i.e. only with a written order confirmation or at the latest with the delivery of the goods and their receipt by the Customer within the Acceptance Period, and is deemed to be concluded at the moment when the customer receives a second e-mail confirmation that the order has been processed internally, packaged and shipped after checking the correctness of the data, receipt of payment for the goods and availability of the item ("Declaration of acceptance of the order"). This e-mail contains a reference to the previously accepted terms and conditions, a brief overview of the order as well as the instruction to the withdrawal.
  6. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded, and the Customer shall no longer be bound by his/her offer.
  7. A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
  8. A contract between the Customer and the Vendor may also be concluded by means of information provided in a contact form. The Customer may submit a binding offer to the Vendor by means of a contact form or, in the event that the Vendor submits a binding offer, accept it by means of a contact form.
  9. A contract between the Customer and the Vendor may also be concluded by postal mail. The customer may send a binding offer to the seller by mail or, if the seller sends a binding offer, accept it by mail.

5. Contract Text and Contract Language

  1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  2. If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.
  3. The contract languages are German and English, contracts can be concluded in these languages.

6. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
  3. In the case of a delivery to countries outside the European Union or the European Economic Area, additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the Vendor but are to be paid by the Customer to the appropriate tax or customs authorities. The Vendor recommends that the Customer obtain information on possible further costs from the competent authorities and on the basis of the national regulations that apply to the Customer
  4. Information page with details of delivery and shipping costs: https://margay.me/policies/shipping-policy

7. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
  5. If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
  6. The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
  7. Information page with details of the available payment options: https://margay.me/pages/payment
  8. Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of full payment of the price and shipping costs on the vendor’s bank account. The piece of jewelry remains the vendor’s property until the purchase price has been paid in full.
  9.  If the advance payment has not been received by the Vendor within 10 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
  10. SEPA Direct Debit - By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer's bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as " Pre-Notification"). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the "Pre-Notification Period"). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited before shipment of the goods but not before the expiry of the Pre-Notification Period. The Vendor reserves the right to carry out a creditworthiness check when selecting the SEPA Direct Debit payment method and not to offer the payment method to the Customer in the event of a negative creditworthiness check.
  11. Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorization as the legitimate cardholder.
  12. Klarna - Payment is made through the payment service provider Klarna AB, Sveavägen 46, Stockholm, Sweden (hereinafter: "Klarna") by means of the Klarna payment method provided or selected by Customer. Klarna's terms of use apply, which can be viewed at https://www.klarna.com and are communicated to the Customer during the payment process.
  13. Klarna PayNow credit card - The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer's account is automatically debited.
  14. Klarna PayNow Direct Debit - The Customer issues a SEPA Direct Debit Mandate to Klarna. By issuing the SEPA Direct Debit Mandate, Klarna is authorized to initiate the payment transaction, which automatically debits the Customer's bank account. Customer will be informed about the date of debiting the bank account (referred to as "Pre-Notification").
  15. Klarna Installments - A requirement for Klarna Installment Purchase is a successful check of the Customer's address and creditworthiness by Klarna. The Vendor assigns his payment claim against the Customer to Klarna. A debt-discharging payment can only be made to Klarna in accordance with Klarna's conditions. For more information on Klarna installment payment, in particular the installment amount and the minimum amount of the installment payment, as well as the terms and conditions of Klarna, please refer to Klarna's information, which is also provided to the Customer during the payment process.
  16. Klarna Sofortüberweisung (Sofort) - The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information: https://www.klarna.com/sofort/.
  17. Cash payment upon collection of the goods - Payment is made in cash upon collection of the goods.
  18. Stripe - The use of Stripe may require registration for this payment method, depending on the selected payment methods. The payment transaction is carried out on the basis of Stripe's terms and conditions, which are also communicated to the Customer during the ordering process. Further information and conditions: https://stripe.com/de.
  19. Costs incurred by reminders of due receivables will be charged to the Customers. The Vendor is entitled to claim reminder costs in a lump sum amount of 5,00 Euro. The Customers have the right to prove no, or lower costs.
  20. The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. In the case of Customers who are entrepreneurs, the Vendor shall be entitled to charge interest on arrears at a rate of at least 10 percentage points above the base interest rate applicable at the time. The Customer's obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.

8. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

9. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  3. If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
  4. If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
  5. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  6. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
  7. Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.
  8. Information page with details of the dispatch and delivery: https://margay.me/policies/shipping-policy

10. Sale of Vouchers

  1. These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
  2. The Customer will be provided with the possibility to download the ordered vouchers.
  3. The ordered vouchers will be sent to the Customer at the e-mail address provided.
  4. The ordered vouchers will be sent to the Customer by postal mail to the specified delivery address.
  5. The ordered vouchers are provided to the Customer in the Customer Account, provided that a Customer Account has been created.
  6. The ordered vouchers are provided to the Customer as output on the screen.

11. Production and processing according to the Customer's specifications

  1. If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer's specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as "Cooperation").
  2. The Customer shall be informed of his required Cooperation within the product description or the ordering process.
  3. In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.
  4. The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer's Cooperation.
  5. The Vendor shall not bear any costs for the Cooperation of the Customer.
  6. The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer's Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.
  7. The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

12. Promotional vouchers

  1. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  2. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  3. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  4. Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
  5. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  6. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  7. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  8. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

13. Copyright and Rights of Use

  1. The products sold by the Vendor are protected by intellectual property rights (in particular trademark and copyright). The rights of use and exploitation are held by the Vendor or the respective rights holders. Customers commit themselves to recognize and comply with these property rights.
  2. The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.
  3. If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.
  4. The rights granted are limited to private use purposes and do not include business or corporate use.
  5. If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.
  6. The copyright notices and proprietary notices (for example the "Copyright" symbol ©) attached or otherwise connected with the products within a reasonable and legally recognised scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognisable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the products.

14. Protection of minors and age verification

By placing an order, the Customer confirms that he/she has reached the minimum age required to purchase the age-restricted products.

15. Instructions on Withdrawal

  1. The information on the right of withdrawal for Consumers can be found in the Vendor's instructions on withdrawal.
  2. The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
  3. The customer has the right to withdraw from the contract within 14 working days without giving any reason. The cancellation period is 14 days from the day on which the customer took possession of the goods, or a third party named by the customer took possession of the goods. That means the period begins after receipt of the goods by the recipient (in the case of recurring deliveries of similar goods after receipt of the first partial delivery). To meet the cancellation deadline, it is sufficient for the customer to send the notification of your exercise of the right of cancellation before the cancellation period has expired and to return the goods.
  4. The customer must bear the cost of returning.
  5. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
  6. We would also like to point out that the delivered pieces of jewelry may only be used to try them on - comparable to trying them on in a retail shop. If the goods deteriorate due to further use, we reserve the right to demand compensation.
  7. The Vendor will not accept returns if the goods do not meet all of the return terms and conditions stated below:
  • the goods must not be used, damaged, worn, or washed
  • the guarantee certificate must be enclosed and all security labels must be present
  • the goods should be returned in the original packaging with all accessories and all packaging components
  • the packaging must not show signs of wear, scratches or scuffs
  • made-to-measure or customized products requested by the customer

       8. The customer is only liable for any depreciation of the product resulting from the handling of the product other than   what is necessary to establish the nature, characteristics and functionality of the product.
       9. If his return does not meet the conditions listed above, the customer will be contacted by our customer service. In this case, the customer can choose whether to accept the reduction in the amount of the refund that will be communicated to him, the reduction corresponding to the depreciation of the returned products, or whether to take back the products purchased at his own expense. If the customer does not wish to take back the products, the Vendor will keep the product and the amount stated as depreciation of the returned product.
       10. The customer can use the Vendor’s RETURN & REFUND POLICY at the following Internet address: https://margay.me/policies/refund-policy
       11. In order to exercise the right of withdrawal, the customer must inform us by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from the contract addressed to MARGAY/Anna Jungblut | Lehnitzstrasse 189 | 12623 Berlin | Germany | Mail: info@margay.me
        12. The customer can use the Vendor’s model cancellation form for this attached below as well as at the following Internet address: https://margay.me/pages/withdrawal

Model Withdrawal Form

(If you wish to withdraw the contract, please complete and return this form).

To

Anna Jungblut, Lehnitzstrasse 189, 12623 Berlin, E-mail-address: info@margay.me

I/we (*) hereby revoke the contract concluded by me/us (*) concerning the

purchase of the following goods (*)/provision of the following service (*)

______________________________________________________

______________________________________________________

Ordered on (*) ____________ / received on (*) _________________

_______________________________________________________

Name of the consumer(s)

_______________________________________________________

Address of consumer(s)

_______________________________________________________

Signature of the consumer(s) (only in case of paper communication)

_________________________

Date

(*) Delete where inapplicable


16. Warranty and Liability

  1. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
  2. With regard to all goods from our online shop, there are statutory warranty rights.
  3. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
  4. If a guarantee is granted for the products in addition to a statutory warranty, this guarantee can be found in the product descriptions. Customers will be informed about the guarantee conditions.
  5. The Vendor may limit the warranty in the case of Customers who are consumers if it has specifically informed the Customers thereof and the limitation of the warranty is expressly and separately agreed, and this agreement is provided to the Customer on a durable medium.
  6. The Vendor shall not be liable for the Customer's Internet connection, or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
  7. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
  8. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.
  9. The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.
  10. Information page with details of the Guarantee and Repair: https://margay.me/pages/guarantee-repair
  11. Information page with Care tips: https://margay.me/pages/care-tips

17. Return and Refund Policy

  1. The customer can use the Vendor’s RETURN & REFUND POLICY at the following Internet address: https://margay.me/policies/refund-policy

18. Privacy Policy

  1. The customer can use the Vendor’s Privacy Policy at the following Internet address: https://margay.me/policies/privacy-policy

19. Legal Notice

  1. The customer can use the Vendor’s Legal Notice at the following Internet address: https://margay.me/policies/legal-notice

20. Shipment, Customs, Duties and Taxes

  1. The Vendor offers worldwide delivery. The recipient specified in the shipping address becomes the importer of the purchased product and must comply with the laws and regulations of the destination country. That means, once the shipment reaches the destination country the purchased goods are subject to import sales tax, duty and fees levied by the destination country.
  2. Additional costs for customs clearance must be borne by the recipient specified on the shipping address. The Vendor has no control over these costs and cannot predict how high these costs may be.

21. Applicable Law and Competent Jurisdiction

  1. The purchase and sales agreement entered through the www.margay.me website is regulated by the German law. All legal transactions or other legal relationships with Vendor shall be governed by and be construed in accordance with German law.
  2. Any dispute arising in connection with implementing or interpreting of all legal transactions or other legal relationships with us shall be resolved in good faith by the Parties through direct negotiations and common understanding.
  3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other international agreements, even after they have been incorporated into German law, do not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the beneficiary (contract with consumers), this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence has, is withdrawn.
  4. The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  5. The place of jurisdiction shall be at the Vendor's (registered) office (Berlin) if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor's country (Germany). The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected. In this case, we are also entitled to sue at the customer's registered office.
  6. In business transactions with merchants and legal entities under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction, all legal disputes relating to these terms and conditions and individual contracts concluded under their validity, including actions on bills of exchange and checks, shall be referred to and finally resolved by arbitration in Berlin in accordance with the Arbitration Regulation and Rules of the German Arbitration Institute (DIS) for the time being in force which rules. The seat of arbitration shall be at the Vendor's (registered) office (Berlin). The arbitration tribunal shall consist of 1 (one) arbitrator to be appointed by the Chairman of the DIS. The language of the arbitration shall be German.

22. Force majeure

  1. The Vendor reserves the right to postpone the shipment in case of force majeure.
  2. Nomination can therefore not be held liable in the event of total or partial non-fulfillment of the obligations provided for in this contract, provided that such non-fulfilment is due to force majeure; cases of force majeure include, but are not limited to, the following circumstances: natural disasters, acts of terrorism, wars, popular uprisings, power failures, workers' general strikes, industrial action and/or traffic restrictions in relation to the courier service or flight connections.

23. Dispute Resolution

  1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
  2. We are obliged to settle disputes with consumers at a consumer arbitration board.
  3. You can turn to the following consumer arbitration board to settle the dispute: https://ec.europa.eu/consumers/odr/