Terms and Conditions of Contract
Controller:
Marta Herford gGmbH
Goebenstrasse 2–10
32052 Herford
Director and CEO: Kathleen Rahn
Authorized signatory: Uwe Johann
Chairman of the shareholders’ meeting: Tim Kähler
VAT identification number: DE221675162
Tax number: 324/5780/2493
Bank: Sparkasse Herford
Sortcode: 49450120
Account number: 125294
1. Scope; contract language; saving of the contract text
1.1 These Terms and Conditions of Contract apply to all contracts concluded via our shop between you as our customer and us, namely:
Marta Herford gGmbH
Goebenstrasse 2–10
32052 Herford
Germany
Email: shop@marta-herford.de
Fax: +49 (0)5221 9944 3023
Tel: +49 (0)5221 9944300
Any terms and conditions applied by the customer which deviate from these Terms and Conditions of Contract (even if we do not expressly object to their application) will not be accepted.
1.2 Orders may only be placed in our online shop by customers who have reached the age of 18.
1.3 The contract language is German.
1.4 Contracts are saved on our IT system. Provided you are registered as a customer, you can view your contract and previous orders in your account. You can also view, download, save, and print the Terms and Conditions of Contract at any time here on this page.
2. Conclusion of contract; correction of errors
2.1 The presentation of products in our online shop is merely an invitation to place orders and does not constitute a legally binding offer. You can use the ‘Add to shopping basket’ button to add individual products to your virtual shopping basket without making an offer to purchase. Before submitting your order, you can add more products to the shopping basket or remove them again by clicking the “Delete” button or the recycle bin symbol. You can also cancel the ordering process altogether by closing the browser. Only by clicking the button marked “Buy now” will you place a binding order for the items listed on the order page. The purchase contract is concluded either when we accept your order by sending you confirmation by email immediately after receiving your order, or by means of a separate order confirmation no later than five days after you have placed your order.
2.2 If you have chosen PayPal as your payment method, the contract is concluded when you confirm your payment instruction to PayPal.
3. Cancellation
3.1 If you are a customer as defined by Section 13 BGB German Civil Code, i.e., a natural person concluding a legal transaction for a purpose unrelated to commercial or self-employed activity, you may cancel your order. How to cancel an order (including the conditions, deadlines, and legal consequences) is set out in our cancellation policy below. The cancellation policy also includes a sample cancellation form.
3.2. The right of cancellation does not apply to the following types of contracts:
? Contracts for the delivery of goods which are not already manufactured and which are made to your specifications or clearly personalized
? Contracts for the delivery of goods if, owing to their nature, they have been inseparably combined with other items after delivery,
? Contracts for the provision of services related to leisure activities to be delivered on a specific date or for a specific period
Cancellation policy
Right of cancellation
You may cancel your order without giving any reason within fourteen days.
The cancellation period is fourteen days from the day on which you or a third party indicated by you (other than the carrier) receives the items purchased (or the last item, if multiple items are delivered separately).
To exercise your right of cancellation, you must clearly inform us (Marta Herford gGmbH, Goebenstrasse 2–10, 32052 Herford, Germany, email: shop@marta-herford.de, fax: +49 (0)5221 9944 3023, tel: +49 (0)5221 9944300) of your decision to cancel your order (e.g., by fax, email or letter). You may use the sample cancellation form (but you do not have to).
To meet the cancellation deadline, it is sufficient for you to send notice of cancellation before the fourteen-day cancellation period has expired.
Effects of cancellation
If you cancel your contract, we shall be obliged to reimburse you all payments that we have received from you, including delivery charges (with the exception of additional charges resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us) without undue delay, and no later than fourteen days from the day on which we received your notification of cancellation. We will use the same means of payment as you used for the original transaction for this reimbursement unless you have expressly agreed otherwise. Under no circumstances will you incur any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and no later than fourteen days from the day on which you notify us of your cancellation. To meet this deadline, it is sufficient for you to send the goods before this fourteen-day period has expired. You will have to bear the direct cost of returning these goods.
You will only be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
Sample cancellation form
If you would like to cancel the contract, please complete and return this form to Marta Herford gGmbH, Goebenstrasse 2–10, 32052 Herford, Germany, email: shop@martaherford.de, fax: +49 (0)5221 9944 3023.
- I/we* hereby cancel the contract concluded by me/us* for the purchase of the following items*/the provision of the following services*
- Ordered on*/received on*
- Customer’s name
- Customer’s address
- Customer’s signature (unless sent by email)
- Date
* Please delete as applicable.
4. Events
4.1 Bookings for events on a specific date are binding and may not normally be cancelled.
4.2 However, you may cancel your participation in an event free of charge up to two days before the event starts. To do so, please contact the payment provider you used to make the purchase in the online shop. After this deadline, tickets for events may unfortunately no longer be returned unless the event is cancelled. This does not affect bookings canceled due to breach of duty on our part.
4.3 We reserve the right to cancel an event up to three working days before the start if attendance is too low. In this case, tickets will be refunded.
5. Terms and times of delivery
5.1 Delivery is carried out by DHL or UPS. The delivery time is five to seven working days. Exact delivery times are stated on each product page.
5.2 If you order multiple products with different delivery times, the items may be delivered separately depending on availability. The delivery time stated for each article will apply. Additional shipping costs will not be charged.
5.3 If you pay in advance by bank transfer, goods will be dispatched once payment has been received. Accordingly, the delivery period will begin one working day after you have instructed your bank to transfer payment to us.
5.4 We deliver worldwide.
5.5 In the unlikely event of an item not being in stock after purchase, we will inform you immediately and either give you an estimated delivery date or suggest a comparable alternative item. If the delivery date does not suit you or you do not want the alternative item, the purchase will be canceled, and we will refund without delay any payment already made.
6. Prices and shipping costs
6.1 All prices in our shop include German sales tax but exclude shipping costs.
6.2 Shipping costs within Germany are €6 for deliveries weighing up to 2kg and €10 for parcels weighing up to 10kg. You will be notified of the exact shipping costs by email. You can also contact us by email or phone to find out about shipping costs before placing an order.
7. Terms and methods of payment
7.1 Payment may be made in advance by bank transfer, PayPal, or credit card.
7.2 If you choose PayPal, you will be redirected to a PayPal website, where you can enter your payment details. You will receive further instructions during the ordering process.
6.3 Payment may be made using a MasterCard credit card. When ordering online, you will have to enter your credit card number, expiry date, and security code. The amount due will be automatically debited from your credit card account by our payment service provider. When placing an order in this way, your credit card data will be sent simultaneously. After you have been identified as the legitimate cardholder, we will request the credit card company via a payment service provider to initiate the payment transaction.
8. Reservation of ownership
We reserve the ownership of all goods until the purchase price has been paid in full.
9. Guarantee
The statutory warranty rights for defects apply.
10. Data privacy
10.1 To process our orders, we work with various companies that are responsible for individual aspects such as payment processing and logistics. We take steps to ensure that our partners also comply with data protection regulations.
10.2 Depending on the payment method selected, order payments may be processed by a service provider. If payment is made via PayPal, your personal data will have to be transmitted to PayPal in order for your order to be completed.
11. Dispute resolution
10.1 An online dispute resolution platform is provided by the European Commission at http://ec.europa.eu/customers/odr for the online resolution of disputes arising from online purchase or service contracts involving consumers.
10.2 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration service.
12. Governing law
These terms and conditions are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer and your normal place of residence is in another country at the time the contract is concluded, the application of the mandatory legal provisions of this country will not be affected by the governing law specified in Sentence 1.
