General Terms and Conditions

Scope of Application

Please note our following Terms and Conditions. We strive to satisfy our customers and cooperate in an environmentally friendly and constructive manner.

1. These General Terms and Conditions (GTC) of Malik Humayu, trading as "Mara-Fashion - Online shop" (the "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (the "Customer") and the Seller regarding the goods presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

2. Please note that these GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated by us.

3. A Consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

4. Please be advised. An Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

 

Conclusion of Contract

 

5. The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

6. The Customer can submit the offer via the online order form. By placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that concludes the ordering process.

7. The Seller may accept the Customer's offer within six days by:

   • transmitting a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the confirmation is decisive, or

   • delivering the ordered goods to the Customer, whereby the receipt of the goods is decisive, or

   • requesting payment from the Customer after the order has been placed.

     If multiple alternatives exist, the contract is concluded when the first alternative occurs.

8. Please note. When selecting a payment method offered by PayPal, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to the relevant PayPal terms. The Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the ordering process.

9. Please note. The contract text will be stored by the Seller and transmitted to the Customer in text form (e.g., e-mail) after the order has been sent. If the Customer has a user account, the order data will be archived and accessible via their password-protected account.

10. Please note. Before bindingly submitting the order, the Customer can identify and correct input errors using the usual keyboard and mouse functions. The browser's zoom function can be an effective technical means for better recognition of input errors.

11. The German and English languages are available for the conclusion of the contract.

12. Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided is correct and that e-mails can be received, especially when using SPAM filters.

 

Right of Withdrawal

 

13. Consumers are generally entitled to a right of withdrawal.

14. Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

15. The right of withdrawal does not apply to Consumers who are not nationals of an EU member state and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.

16. We strive to satisfy our customers.

 

Prices and Payment

 

17. Please note. Unless otherwise stated, the prices quoted are total prices which include statutory Value Added Tax. Any additional delivery and shipping costs will be stated separately.

18. For deliveries to countries outside the European Union, additional costs may be incurred (e.g., transfer fees, exchange rate fees, import duties, or taxes/customs), which are the responsibility of the Customer.

    The payment method(s) will be communicated to the Customer in the Seller's online shop.

19. Please note. When selecting a payment method offered via "PayPal" (especially advance services like purchase on account), payment processing is carried out via PayPal. PayPal may conduct a credit check. The Seller reserves the right to refuse the selected payment method in case of a negative check result.

20. Please note. When selecting a payment method offered via "Shopify Payments", payment processing is carried out by the payment service provider Stripe Payments Europe Ltd.

 

Delivery

 

21. Please note. Delivery shall be made within the specified delivery area to the delivery address specified by the Customer. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

22. If delivery fails for reasons for which the Customer is responsible (excluding costs for forward shipment if withdrawal is effective), the Customer shall bear the reasonable costs incurred by the Seller. The provisions in the withdrawal instructions apply to return costs in the event of an effective withdrawal.

23. If the Customer acts as an Entrepreneur, the risk of accidental loss and deterioration passes upon delivery to the freight forwarder. If the Customer acts as a Consumer, the risk generally passes upon transfer of the goods to the Customer, unless the Customer commissioned the carrier not previously named by the Seller.

24. The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply, provided the Seller is not responsible for the non-delivery. The Customer will be immediately informed, and the payment will be refunded.

25. Please note that collection in person is not possible for logistical reasons.

26. Our vouchers will be provided to the Customer by e-mail or by post if requested.

27. Please note. If the parcel is undeliverable due to an incorrect address or name, we charge a fee of €5.90 for the return shipment.

28. We offer the service that the parcel will be left at a nearest branch/parcel station of the delivery service DHL if the Customer is not present. If the Customer does not collect the parcel within the storage period and it is returned to us, we charge a fee of €5.90 for the return shipment.

29. We wish to draw your attention to the fact that in the event of a refusal to accept the delivery, the return costs in full (€5.90) will be borne by you. These costs will be automatically deducted from the refund amount.

 

Reservation of Title

 

Please note.

30. If the Seller provides advance performance, he reserves title to the delivered goods until the purchase price owed has been paid in full.

 

Liability for Defects (Warranty)

 

Your satisfaction is very important to us and we strive to satisfy our customers and to work together cooperatively.

31. Unless otherwise stipulated, the statutory liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:

32. If the Customer acts as an Entrepreneur:

* The Seller shall have the choice regarding the type of subsequent performance.

* For new goods, the limitation period for defects is one year from delivery.

* For used goods, rights and claims for defects are excluded.

* The limitation period does not begin anew if a replacement delivery is made.

33. We draw your attention to the fact that the aforementioned limitations do not apply:

1. to the Customer's claims for damages.

2. if the Seller has fraudulently concealed the defect.

3. for goods used for a building that caused its defectiveness.

4. for any existing obligation of the Seller to provide updates for digital elements.

34. Furthermore, for Entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

35. If the Customer is a merchant, the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies.

36. If the Customer acts as a Consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. Failure to do so has no effect on statutory claims.

 

Promotional Vouchers and Offers

 

37. We expressly draw your attention to the fact that Promotional Vouchers (issued free of charge with a specific validity period) can only be redeemed in the Seller's online shop and only within the specified period.

38. Individual products may be excluded from the voucher promotion.

39. Promotional Vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.

40. Please note that only one Promotional Voucher can be redeemed per order.

41. The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining credit will not be refunded.

42. If the Promotional Voucher value is insufficient, one of the other payment methods offered by the Seller may be chosen to settle the difference.

43. Please note that the credit of a Promotional Voucher will neither be paid out in cash nor will it bear interest.

44. The Promotional Voucher will not be refunded if the Customer returns the goods paid for with the voucher.

45. The Promotional Voucher is transferable.

 

Gift Vouchers

 

46. We ask for your understanding that Gift Vouchers (purchased via the shop) can only be redeemed in the Seller's online shop, unless otherwise stated.

47. Gift Vouchers are redeemable until the end of the second year after the year of the voucher purchase.

48. Gift Vouchers can only be redeemed prior to completion of the order process. Subsequent offsetting is not possible.

49. Please note that only one Gift Voucher can be redeemed per order.

50. Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

51. If the Gift Voucher value is insufficient, one of the other payment methods offered by the Seller may be chosen to settle the difference.

52. The credit of a Gift Voucher will neither be paid out in cash nor will it bear interest.

53. The Gift Voucher is transferable.

 

Transport Damage

 

We ask for your attention that if goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to report has no consequences for your statutory claims, but it helps us assert our own claims against the freight carrier.

 

Right of Withdrawal, Return & Exchange

 

54. Please use our returns portal for your return shipment.

    Through this, you can easily request your return label. The return shipment with our label costs €5.90, is insured and trackable.

    You can also find the link on our website at the very bottom under "Returns & Exchanges".

    Consumers are generally entitled to a statutory right of withdrawal.

    You can return items to us within 14 days of receiving the order. Send the package to us immediately after your declaration of withdrawal.

55. We expressly draw your attention to the fact that the package must reach us no later than seven days after the day on which you inform us of your withdrawal from this contract. If it arrives later, the withdrawal shall be deemed invalid, and we may refuse the return. The costs of a renewed shipment will be borne by the Customer.

 

Conditions for Returns and Exchanges

 

The items must be in their original condition, unworn, and with all labels attached. To avoid misunderstandings and work together fairly.

An exchange due to size, colour or a defect is possible within 14 days of receipt. Select "Exchange" in the returns portal and inform us on the returns slip what you would like.

56. The refund amount will be credited to you within 14 working days of us receiving the return, via the same payment method used for your order.

57. Please note that a note on refusal of acceptance or uncollected parcels from a branch:

If you refuse to accept the parcel or do not collect the parcel from a branch, this does not constitute a withdrawal. In this case, you bear the full return costs of €5.90. These will be automatically deducted from the refund amount.

 

Electronic Communication

 

58. The Buyer expressly agrees that communication shall be electronic, in particular via unencrypted e-mail. The Buyer is aware that unencrypted e-mails offer only limited security.

59. The Buyer must ensure that the e-mail address provided is correct and that e-mails sent by the Seller can be received (e.g., by managing SPAM filters).

 

Alternative Dispute Resolution

 

60. The EU Commission provides a platform for online dispute resolution (OS) at: https://ec.europa.eu/consumers/odr

61. The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

Final Provisions

 

62. The available contract languages are German and English.

63. The Buyer's general terms and conditions shall not become part of the contract.

64. Please note that the law of the Federal Republic of Germany shall apply exclusively.

    The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers…

65. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

66. Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

 

Special Discount Campaign

 

67. To participate in our special campaign and subsequently receive a 10% discount on your existing order, the following conditions must be met:

    After receiving the parcel, you have 4 weeks to participate in the campaign.

 

Product Information & Presentation

 

68. Please note that due to different hardware or software, slight colour deviations in the presentation and perception of the individual products may occur. This is technically conditioned and unavoidable. A slight colour deviation is not a reason for a complaint. We ask for your understanding.

    Information on fit and sizes are to be understood as approximate values.

 

Discount Codes/Gift Items

 

69. The respective discount code can be applied once per customer to one purchase.

70. Each discount code can only be used once per customer for one purchase, and discount codes cannot be combined. Only one discount code can be used per order.

    It is not possible to apply a discount code retrospectively to a completed order.

    Discount codes do not apply to sale items.

    In the event of a return or withdrawal, only the reduced purchase price will be refunded. There is no entitlement to a refund of the discount code or the issuance of a new one.

71. The multiple granting of these offers does not establish any legal claim to future discounts or promotions.

72. Gift Items: For promotions that include gift items, please note that in the event of a return and the resulting fall below the threshold, the gift items must also be returned. If this is not done, the costs for the gift item will be deducted from the refund amount.

    If the total value of the order falls below the minimum order value of the promotional voucher due to a subsequent return, Mara-Fashion Online shop reserves the right to charge the original price of the ordered goods.

    We ask for your understanding.

Team MARA