GENERAL TERMS AND CONDITIONS FOR THE MARCEL OSTERTAG ONLINE SHOP
§ 1 Scope, Definitions
(1) The following General Terms and Conditions (GTC) apply to the
business relationship between www.marcelostertag.com, Paradeisgasse 2, 91781 Weißenburg i. Bayern, represented by sole managing director Marcel Ostertag, hereinafter referred to as the seller, and the customer who purchases via the online shop www.marcelostertag.com. Only the following GTC in the version valid at the time the contract is concluded shall apply exclusively. Deviating conditions of the customer will not be recognised unless the seller expressly agrees to their validity in writing.
(2) Changes to these terms and conditions will be communicated to the customer in writing
by fax or by email. If the customer does not object to this change within four weeks of receiving the notification, the changes shall be deemed accepted by the customer. The customer will be separately informed of the right to object and the legal consequences of remaining silent in the event of a change to the terms and conditions.
(3) The customer is a consumer to the extent that the purpose of the ordered
deliveries cannot predominantly be attributed to their commercial or self-employed professional activity (§ 13 BGB). An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity (§ 14 BGB).
(4) Contracts for the offer on the Marcel Ostertag online shop are concluded with Marcel Ostertag. We are the owner and operator of the online shop at the domain www.marcelostertag.com and can be reached as follows: Email:
info@marcelostertag.com
(5) We are not subject to any specific codes of conduct not mentioned in these GTC.
(6) The customer can also view and print the GTC at any time on the websites of our online shop under "Terms and Conditions".
§ 2 Conclusion of Contract
(9) We store the text of the contract, i.e. the order data, our declaration of acceptance and the GTC. The order data, the declaration of acceptance and these GTC are also sent to the customer by email.
(1) The mere presentation of our products on our websites or in catalogues does not yet constitute a binding contractual offer by the seller.
(2) The customer can select products, in particular items of clothing, from our Marcel Ostertag range and collect them in a so-called "virtual shopping cart" via the "add to cart" button. The customer can leave the virtual shopping cart at any time to view and add further products on our website, and can return to it afterwards. Via the button in the virtual shopping cart "Go to checkout", the customer reaches a page on which they can enter the data required to process the order (e.g. address and payment method/information) and then review their entire order (order summary page).
(3) The seller expressly points out that goods in the virtual shopping cart are not reserved and it is possible that they may be sold out by third parties before the order process is completed. The goods are only registered as "sold" in our system once the order has been completed.
(4) Before submitting the order, the customer can view and change the data at any time on the
order summary page.
(5) The customer submits a binding offer to purchase the products in the virtual shopping cart
by clicking on the "order now, subject to payment" button.
(6) The offer to conclude the purchase contract can only be submitted and transmitted if the customer, by ticking the boxes "I have read the GTC and agree to them" and "I have taken note of the withdrawal instructions", accepts these GTC before submitting the order and has taken note of the right of withdrawal. The GTC thereby become part of the customer's application.
(7) We will then send the customer an automatic acknowledgement of receipt by email, in which the customer's order is listed once again. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of their application. The contract is only concluded once the seller issues a declaration of acceptance, which is sent to the customer in a separate email (order confirmation).
(8) If the customer does not receive an order confirmation, no contract has been concluded. Any payments already made will be refunded immediately.
(1) The customer can register free of charge for our online shop. This makes future orders easier, as order data does not have to be entered again each time. Ordering as a guest is also possible.
(2) There is no entitlement to be admitted to our online shop.
Only persons with unlimited legal capacity are eligible to participate. At our request, the customer must prove their legal capacity to us, for example by sending us a copy of their identity card. To register, the customer must electronically complete the registration form on our website and send it to us. The data required for registration must be provided completely and truthfully by the customer. Upon registration, the customer must set a personal username and password. The username must not violate the rights of third parties, other name or trademark rights, or public morals.
The customer is obliged to keep the password secret and must not disclose it to third parties under any circumstances.
(3) Apart from the declaration of consent to the validity of these GTC, registration is not associated with any obligations. The customer can delete their registration at any time under "My account". Registration alone does not create any obligation to purchase the products we offer.
(4) If the customer's personal details change, the customer is themselves responsible for updating them. All changes can be made online after logging in,
under "My account".
§ 4 Delivery, Availability of Goods, Contractual Right of Withdrawal
(1) Provided that the goods are in stock, the delivery time for shipments within Germany is 2-4 business days and to Austria 2-5 business days. Whether the goods are in stock is indicated on the product page.
(2) If no copies of the product selected by the customer are available at the
time of the customer's order, we will inform the customer of this by email after the
acknowledgement of receipt. If the product is permanently unavailable, we will refrain from accepting the order and the customer will not receive an
order confirmation email. In this case no contract is concluded.
(3) If the product specified by the customer in the order is only temporarily unavailable, we will also inform the customer of this without delay after the
acknowledgement of receipt, by email.
(4) In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case we are also entitled to withdraw from the contract if we are not supplied with this product or with parts for the manufacture of the product by our suppliers, through no fault of our own. In this case, any payments already made by the customer will be refunded without delay.
The delivered goods remain our property until our purchase price claim and all our other outstanding claims from the business relationship with the customer have been paid in full.
(1) All prices stated on the websites of our online shop are in Euros and, unless stated otherwise, include the statutory VAT applicable at the time.
(2) The goods are shipped by post only within Germany and to Austria. The choice of shipping company is at the seller's discretion. If the customer wishes insured shipping, they must inform us of this separately and in good time. Any additional costs arising from this will be communicated to the customer in advance and must be borne by them.
(3) Returns/return shipments are free of charge. The return label is sent upon request ( info@marcelostertag.com ).
§ 7 Payment Terms, Due Date
(1) In our shop, the customer generally has the following payment methods available:
- Credit card
- Klarna invoice
- PayPal
(2) The Klarna invoice payment method is only available to customers from Germany and Austria.
(3) The purchase price is generally due immediately. In the case of purchase on invoice, the due date is stated separately on the invoice.
(1) The statutory warranty law of §§ 434 et seq. BGB applies.
(2) If a consumer is not party to the contract, the
warranty claim for products delivered by us becomes time-barred after 12 months from delivery of the goods. § 479 BGB remains unaffected.
(3) A guarantee exists for the products delivered by us only if it was
expressly given in the order confirmation for the respective item.
(1) Claims by the customer for damages are excluded. This does not
apply to claims for damages by the customer arising from injury to
life, body, health, or from the breach of material
contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or vicarious agents.
(2) Material contractual obligations are the fundamental, essential obligations arising from the contractual relationship, the fulfilment of which makes proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which the customer regularly relies and may rely.
(3) In the event of a breach of material contractual obligations, we are liable only for the
foreseeable damage typical for this type of contract, if this was caused by simple negligence, unless this involves claims for damages by the customer arising from an injury to life, body, or health.
(4) Data communication via the internet cannot, according to the current state of the art, be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online shop.
(5) The above limitations of liability also apply directly for the benefit of
our officers, legal representatives and vicarious agents, if claims are asserted directly against them.
(6) The provisions of the Product Liability Act remain unaffected.
If the customer is a consumer and has concluded the contract with us using exclusively
means of distance communication within a distribution system organised for distance selling (§ 312b BGB), they have a statutory right of withdrawal. The separate withdrawal instructions can be found in the appendix. Separate instructions on this right of withdrawal are provided together with these GTC and can also be viewed at any time on the websites of our online shop under "Right of Withdrawal".
(1) We collect personal data of the customer in the course of performing and
processing contracts concluded via our
online shop. In doing so we
observe the provisions of the Federal Data Protection Act and the
Telemedia Act in their respective applicable versions. Without the customer's consent, we will only collect, process or use the customer's inventory and usage data to the extent necessary for the establishment, performance and processing of the contractual relationship.
(2) Otherwise, with regard to possible consents by the customer and further
information on data collection, processing and use, please refer to our
privacy policy, which can be retrieved in printable form at any time on the websites of our online shop
via the link "Privacy Policy".
(1) The contract language is German.
(2) Contracts concluded with the seller are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has their habitual residence remain unaffected.
(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 or in connection with the
contractual relationships between us and the customer is Weißenburg i. Bayern.
(4) The same applies if the customer has no general place of jurisdiction in Germany, or moves their place of residence abroad after conclusion of the contract, or their place of residence is not known at the time legal proceedings are initiated.
Last updated 09/2026
