Terms of service

1 Scope of Application

(1) These Terms of Service apply to all contracts concluded via the online store operated by
Marlano / Marlano / Maximilian Beerden, Zur Boeckelt 2, 47608 Geldern,
– hereinafter referred to as the “Seller” –
and consumers within the meaning of Section 13 of the German Civil Code (BGB).

(2) Deviating, conflicting, or supplementary terms and conditions of the customer shall not apply unless expressly agreed to by the Seller (§ 305 para. 2 BGB).

2 Conclusion of Contract

(1) The presentation of products in the online store does not constitute a legally binding offer but an invitation to submit an order (§§ 145 et seq. BGB).

(2) By clicking the button “Buy now”, the customer submits a binding offer to conclude a purchase contract.

(3) The contract is concluded only when:

  • the Seller expressly confirms the order, or

  • the goods are dispatched.

(4) The Seller reserves the right to reject orders without stating reasons.

3 Prices and Shipping Costs

(1) All prices are final prices including statutory VAT, unless otherwise stated.

(2) Any applicable shipping costs are clearly displayed before completion of the order (§ 312j BGB).

4 Payment Terms

(1) The payment methods offered in the online store are available to the customer.

(2) The purchase price is due immediately upon conclusion of the contract.

(3) Payment processing is handled by external payment service providers. The Seller assumes no liability for technical malfunctions or delays caused by such providers.

5 Delivery and Shipping (Dropshipping)

(1) Delivery shall be made to the delivery address provided by the customer.

(2) Stated delivery times are non-binding, unless expressly agreed as binding.

(3) The Seller is entitled to make partial deliveries, provided this is reasonable for the customer (§ 266 BGB).

(4) Delivery delays caused by suppliers, customs clearance, shipping service providers, or force majeure shall not give rise to claims for damages.

6 Retention of Title

The goods remain the property of the Seller until full payment has been made (§ 449 BGB).

7 Right of Withdrawal

Consumers are entitled to a statutory right of withdrawal pursuant to §§ 312g, 355 BGB.
Details are set out in the separate Withdrawal Policy, which forms part of the contract.

8 Warranty and Liability for Defects

(1) Statutory warranty rights pursuant to §§ 434 et seq. BGB shall apply.

(2) Warranty claims are excluded for defects caused by:

  • improper use,

  • normal wear and tear,

  • incorrect care or handling,

  • unauthorized alterations or repairs.

(3) A warranty or guarantee exists only if expressly granted in writing (§ 443 BGB).

9 Limitation of Liability

(1) The Seller shall be liable without limitation for:

  • intent or gross negligence,

  • injury to life, body, or health.

(2) In cases of slight negligence involving essential contractual obligations, liability shall be limited to the foreseeable, contract-typical damage.

(3) Any further liability is excluded (§§ 276, 278 BGB).

10 Special Provisions for Fashion Products

(1) Product images are for illustrative purposes only. Minor color deviations due to screen display differences do not constitute a defect.

(2) Size and fit deviations of up to ±1–3 cm are industry-standard and do not constitute a material defect.

(3) Fit, comfort, and subjective perception do not justify warranty claims.

11 Hygiene Items and Exclusion of Withdrawal

(1) For hygiene reasons, certain fashion items (e.g. underwear, swimwear without a hygiene seal) are excluded from the right of withdrawal, provided this was clearly communicated prior to contract conclusion (§ 312g para. 2 no. 3 BGB).

(2) Removal of hygiene seals results in the exclusion of return and withdrawal rights.

12 Returns

(1) Returns are accepted only after prior contact with the Seller.

(2) Unpaid or insufficiently stamped return shipments will not be accepted.

(3) Further details are governed by the Refund & Return Policy, which forms part of the contract.

13 Misuse and Resale

(1) Commercial resale of the goods without the Seller’s explicit consent is prohibited.

(2) In cases of misuse, the Seller reserves the right to exclude customers from future purchases.

14 Online Dispute Resolution

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

15 Applicable Law

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

16 Severability Clause

Should any provision of these Terms of Service be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected (§ 306 BGB).