Terms and Conditions
OVERVIEW
This website is operated by Margot & May. Throughout the site, the terms “we”, “us”, and “our” refer to Margot & May. Margot & May offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing a product from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms”, “Terms and Conditions”), including those additional terms and policies referenced herein and/or available by hyperlink.
These Terms apply to all users of the website, including without limitation visitors, vendors, customers, merchants, and/or contributors of content.
Please read these Terms carefully before accessing or using our website.
By accessing or using any part of the website, you agree to be bound by these Terms.
If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our website.
Article 1 – Definitions
In these Terms, the following definitions apply:
Right of Withdrawal
The period during which the consumer may exercise the right of withdrawal.
Consumer
A natural person acting for purposes that are outside their trade, business, or profession.
Day
Calendar day.
Continuous Performance Contract
A distance contract relating to a series of products and/or services where the delivery or purchase obligation extends over a certain period.
Durable Medium
Any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future reference and unchanged reproduction.
Right of Withdrawal
The possibility for the consumer to withdraw from a distance contract within the withdrawal period.
Entrepreneur
A natural or legal person offering products and/or services at a distance.
Distance Contract
A contract concluded within an organized system for the distance sale of products and/or services, using only means of distance communication up to and including the conclusion of the contract.
Means of Distance Communication
Any means that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same place at the same time.
Terms and Conditions
These General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the contract within 14 days without giving any reason.
During this period, the consumer must handle the product and packaging with care.
If the consumer exercises the right of withdrawal, they must return the product together with all supplied accessories and, where reasonably possible, in its original condition and original packaging in accordance with the entrepreneur’s reasonable instructions.
Article 3 – Scope
These General Terms and Conditions apply to all offers of the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.
Before a distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the contract is concluded electronically, the consumer will receive the General Terms and Conditions in a format that allows them to store them on a durable medium.
If, in addition to these General Terms and Conditions, specific product or service conditions apply, the consumer may always rely on the provision most favorable to them in the event of conflicting provisions.
If any provision of these General Terms and Conditions becomes wholly or partially invalid, the agreement shall otherwise remain in force and the relevant provision shall be replaced by one that most closely reflects the intent of the original provision.
Article 4 – The Offer
If an offer is subject to a limited period or conditions, this will be expressly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify or withdraw the offer.
The offer contains a complete and accurate description of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains clear information regarding the rights and obligations of the consumer associated with acceptance of the offer, including:
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the price
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the shipping costs
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the right of withdrawal
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the method of payment
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the delivery period
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the duration of the agreement
Article 5 – Conclusion of the Agreement
The agreement is concluded as soon as the consumer accepts the offer and fulfills the conditions stated therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
The entrepreneur shall take appropriate technical and organizational measures to secure electronic data transmission and provide a secure web environment.
The entrepreneur is entitled, within legal limits, to investigate the consumer’s creditworthiness. If justified reasons exist, the entrepreneur may refuse an order or impose special conditions.
No later than the delivery of the product, the consumer shall receive the following information:
a) the address of the entrepreneur where complaints may be submitted
b) the conditions and procedures for exercising the right of withdrawal
c) information about warranties and after-sales services
d) the contract details, unless already provided to the consumer beforehand
e) the conditions for terminating the agreement if it has a duration of more than one year or is concluded for an indefinite period
Article 6 – Right of Withdrawal for Products
The consumer may withdraw from the agreement within 14 days after receiving the product without giving any reason.
During this period, the consumer may only inspect the product to the extent permitted in a retail store.
If the consumer exercises the right of withdrawal, the product must be returned within 14 days after notification of withdrawal.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the consumer shall bear the cost of returning the goods.
All payments made by the consumer will be refunded within 14 days after receipt of the withdrawal notice, provided the goods have been returned or proof of return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for the following products:
a) goods manufactured according to customer specifications
b) goods clearly tailored to personal needs
c) goods that cannot be returned due to their nature
d) goods that spoil quickly or have an expiration date
e) goods whose price is subject to fluctuations in the financial market
f) newspapers or magazines
g) sealed audio or video recordings or software whose seal has been removed
h) hygiene products whose seal has been removed
Article 9 – Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes in VAT rates.
After the agreement has been concluded, price increases within three months are only permitted if they result from legal regulations. After this period, price increases are only permitted if agreed upon and the consumer has the right to terminate the agreement.
All prices include VAT. Printing and pricing errors are reserved.
Article 10 – Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of quality and usability, and the legal provisions in force at the time of conclusion of the agreement.
Any defects must be reported to the entrepreneur in writing.
Returned goods must be returned in their original packaging.
The warranty period corresponds to the manufacturer’s warranty, without prejudice to the consumer’s statutory rights.
Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care in receiving and executing orders.
Orders will be delivered within 30 days unless otherwise agreed.
In the event of delays, the consumer has the right to terminate the agreement free of charge.
The risk of loss or damage passes to the consumer only upon delivery.
Article 12 – Continuous Performance Contracts: Termination and Renewal
Contracts for an indefinite period relating to the regular delivery of products may be terminated by the consumer at any time with a notice period of up to one month.
Fixed-term contracts may be terminated after the contract term with a notice period of up to one month.
Automatic renewal of fixed-term contracts is only permitted in exceptional cases (e.g., newspaper subscriptions of up to three months).
Contracts with a duration of more than one year may be terminated by the consumer after one year with a notice period of up to one month.
Article 13 – Payment
Unless otherwise agreed, the consumer must pay the amounts owed within 7 business days after the start of the withdrawal period.
The consumer is obliged to report inaccuracies in payment details immediately.
In the event of late payment, the entrepreneur is entitled to charge legally permissible costs.
Article 14 – Complaint Procedure
Complaints regarding the performance of the agreement must be submitted within 7 days after the defect has been discovered.
The entrepreneur will respond to complaints within 14 days.
If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt together with an estimated processing period.
If a complaint is deemed justified, the entrepreneur will replace or repair the product free of charge.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer to which these General Terms and Conditions apply shall be governed exclusively by German law, even if the consumer resides abroad.
Article 16 – Customs, Import Duties, and VAT Obligations
16.1
All goods offered and sold through this website are shipped internationally. By placing an order, the customer acknowledges and accepts that they are responsible for complying with the import laws and regulations of the destination country.
16.2
The customer, as the importer, is responsible for all costs and obligations arising from the importation of goods into the destination country, including but not limited to:
a) payment of import duties, value-added tax (VAT), GST, or other taxes and charges;
b) customs and clearance fees, including administrative, inspection, and handling fees charged by carriers or customs authorities;
c) compliance with local laws and regulations, product restrictions, and required certifications.
Margot & May does not act as the official importer of the goods sold. Legal responsibility and ownership of the goods transfer to the customer at the time of shipment.
Margot & May shall not be liable for delays, refusals, seizures, additional costs, or penalties resulting from the customer’s failure to comply with local import regulations.
16.3
Margot & May provides the commercial documents required for international shipments, including, where necessary, invoices, product descriptions, and declared values. However, we do not guarantee that the products comply with the specific national import regulations or restrictions of the destination country.
The customer is solely responsible for determining whether the ordered goods may be imported and whether permits or additional documentation are required.
16.4
The customer agrees to indemnify Margot & May against any financial consequences, claims, fines, or costs arising from the customer’s failure to comply with applicable import or customs regulations.
16.5
We strongly recommend that customers contact their local customs authorities before placing an order to avoid unexpected costs, delays, or import refusals.