Terms of service
GENERAL TERMS AND CONDITIONS FOR THE INTERNET SHOP MARCEL OSTERTAG
§ 1 Scope of application, definitions
(1) The following General Terms and Conditions (AGB) apply to the
Business relationship between www.marcelostertag.com, Schlüterstraße 12, 10625 Berlin, represented by the sole managing director Marcel Ostertag, hereinafter referred to as Seller, and the Customer who purchases via the online shop www.marcelostertag.com. The following General Terms and Conditions of Business shall apply exclusively in the version valid at the time of conclusion of the contract. Deviating conditions of the Customer shall not be recognised unless the Seller expressly agrees to their validity in writing.
(2) Amendments to these terms and conditions of business shall be notified to the Customer in writing.
by fax or by e-mail. If the customer does not object to this change within four weeks of receipt of the notification, the changes shall be deemed to be accepted by the customer. The Customer will be informed separately of the right to object and the legal consequences of silence in the event of a change in the terms and conditions of business.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries is not
can be predominantly attributed to his commercial or self-employed professional activity (§ 13 BGB). On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (§ 14 BGB).
(4) Contracts for the offer on the online shop Marcel Ostertag are concluded with Marcel Ostertag. We are the owner and operator of the online shop on the domain www.marcelostertag.com and can be reached as follows: e-mail:
info@marcelostertag.com
(5) We are not subject to any special codes of conduct not mentioned in these GTC.
(6) The customer can also view and print out the GTC at any time on the Internet pages of our online shop under "GTC".
§ 2 Conclusion of contract
(1) The presentation of our products on our internet pages or catalogues alone does not constitute a binding offer of contract by the seller.
(2) The customer can select products, in particular items of clothing, from our assortment on Marcel Ostertag and collect them in a so-called "virtual shopping cart" by clicking the button "add to cart". The Customer can leave the virtual shopping cart at any time to view and add further products on our website and then call them up again. By clicking on the button in the virtual shopping cart "Go to checkout", the Customer is taken to a page on which he can enter the data required to complete the order (e.g. address and payment method/information) and then view his entire order (order overview page).
(3) The Seller expressly points out that goods in the virtual shopping cart are not reserved and that there may be a sale by third parties before the order process is completed. The goods are only registered as "sold" in our system when the order is completed.
(4) Before sending the order, the customer can check the data at any time on the
View and modify the order overview page.
(5) The customer makes a binding offer to purchase the products in the virtual shopping cart
by clicking on the button "Order now with payment".
(6) The offer to conclude the purchase contract can only be made and transmitted if the Customer has accepted these General Terms and Conditions of Business before sending the order by "ticking off" the options "I have read and agree to the General Terms and Conditions of Business" and "I have taken note of the cancellation policy" and has taken note of the right of cancellation. The AGBs hereby become part of the Customer's application.
(7) We will then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again. The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of his application. The contract shall only come into existence through a declaration of acceptance by the Seller, which is sent to the Customer in a separate e-mail (order confirmation).
(8) If the Customer does not receive an order confirmation, no contract is concluded. Any payments already made will be refunded immediately.
(9) We save the text of the contract, i.e. the order data, our declaration of acceptance and the general terms and conditions. The order data, the declaration of acceptance and these GTCs are also sent to the Customer by
e-mail.
§ 3 Registration for the online shop
(1) The customer can register for our online shop free of charge. This makes future orders easier, as the order data does not have to be re-entered each time. An order is only possible for registered customers.
(2) A claim for admission to our online shop shall not exist. Only persons with unlimited legal capacity are entitled to participate. At our request, the customer must prove his legal capacity, for example by sending us a copy of his identity card. To register, the Customer shall electronically fill in the registration form available on our website and send it to us. The data required for registration must be provided by the Customer completely and truthfully. Upon registration, the Customer must specify a personal user name and password. The user name may not infringe the rights of third parties or other name and trademark rights or offend common decency.
The Customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(3) Apart from the declaration of agreement with the validity of these GTC, registration is not associated with any obligations. The Customer can delete his registration at any time under "My user account". Registration alone does not constitute a purchase obligation with regard to the products offered by us.
(4) If the Customer's personal details change, the Customer is responsible for updating them. All changes can be made online after
registration under "My user account".
§ 4 Delivery, availability of goods, contractual right of withdrawal
(1) If the goods are in stock, the delivery time for dispatch in Germany and to Austria is 3-5 working days. Whether the goods are in stock is indicated on the product page.
(2) If at the time of the customer's order no copies of the product
selected product is available, we will inform the customer after the
Confirmation of receipt by email with. If the product is permanently unavailable, we will refrain from accepting the order and the customer will not receive a Order confirmation email. In this case a contract does not come into being.
(3) If the product designated by the customer in the order is only temporarily unavailable, we shall also inform the customer immediately after the
Confirmation of receipt by email with.
(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 without any fault on our part. Any payments already made by the customer will be refunded immediately.
§ 5 Retention of title
The delivered goods remain our property until full payment of our purchase price claim and all our other outstanding claims from the business relationship with the customer.
§ 6 Prices and shipping costs
(1) All prices stated on the internet pages of our online shop are Euro prices and include, unless otherwise stated, the applicable statutory value added tax.
(2) The corresponding shipping costs and the packaging flat rate for the order are indicated to the customer in the order form and are to be paid by the customer. The flat rate for shipping within Germany is € 7.00 per parcel (up to a maximum of 5 kg). Shipping within Germany is free of charge at an order value of € 250. Shipping to Austria is subject to a flat rate of 15.00 € (max. up to 5 kg). Shipping for customers from the USA costs 19.90 € if the order value is less than 500.00 €. In addition, the shipping and packaging costs are shown for each product in the product view.
(3) The goods shall be shipped by mail only within Germany and to Austria. The choice of the shipping company is the responsibility of the Seller. If the customer wishes to have insured shipping, he/she must inform us separately and in good time. The Customer shall be notified in advance of any additional costs incurred as a result of this and they shall be borne by the Customer.
§ 7 Terms of payment, maturity
(1) In our shop the following payment methods are available to the customer:
credit card
PayPal/ PayPal Express
Klarna Sofortüberweisung
Klarna invoice
ApplePay/ShopPay
(2) The payment method Klarna invoice is only available to customers from Germany and Austria.
(3) The purchase price is generally due immediately. In case of purchase on account, the due date is indicated separately on the invoice.
§ 8 Warranty
(1) The statutory warranty law of §§ 434 ff. BGB.
(2) If a consumer is not involved in the contract, the statute of limitations
Warranty claim for products delivered by us in 12 months from delivery of the goods. § 479 BGB remains unaffected.
(3) A guarantee exists for the products delivered by us only if these
has been expressly stated in the acceptance of order for the respective article.
§ 9 Liability
(1) Claims of the customer for damages are excluded. Of this
excluded are claims for damages by the customer arising from the violation of the
life, body, health or from the injury of essential
contractual obligations as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us or one of our legal representatives or vicarious agents.
(2) Essential contractual obligations are the fundamental, elementary obligations arising from the contractual relationship, the fulfilment of which is essential for the proper execution of the contract, the violation of which endangers the achievement of the purpose of the contract and on the fulfilment of which the customer regularly relies and may rely.
(3) In the event of a breach of fundamental contractual obligations, we shall only be liable for
contract-typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable in this respect for the constant and uninterrupted availability of our online shop.
(5) The above limitations of liability also apply directly in favour of
of our executive bodies and legal representatives and vicarious agents, if claims are made directly against them.
(6) The provisions of the Product Liability Act shall remain unaffected.
§ 10 Right of withdrawal for consumers in distance selling
If the customer is a consumer and has concluded the contract with us under exclusive
If the contract is concluded for the use of means of distance communication in a distribution system organised for distance selling (§ 312b BGB), he shall have a statutory right of revocation. Separate instructions on this can be found in the Annex. Separate instructions on this right of revocation are transmitted with these GTC and can also be viewed at any time on the Internet pages of our online shop under "Right of revocation".
§ 11 Note on data processing
(1) In the course of the implementation and handling of the transactions conducted via our
Online Shop personal data of the customer. We
observe the regulations of the Federal Data Protection Act and the
Telemedia Act in its currently valid versions. Without the customer's consent, we will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the establishment, implementation and handling of the contractual relationship.
(2) Otherwise, with regard to possible consents of the customer and further
Information on data collection, processing and use on our
data protection declaration, which are referred to on the Internet pages of our online shop
can be accessed at any time in printable form via the link "Data protection".
§12 Final provisions
(1) The contract language is German.
(2) German law and exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply exclusively to the contracts concluded with the Seller. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
(3) If the customer is a merchant, a legal entity of the
public law or a special fund under public law, is
Place of jurisdiction for all disputes arising from or in connection with the
contractual relationship between us and the customer Berlin.
(4) The same shall apply if the customer does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time of filing a suit.
Status 08/2020
