General Terms and Conditions for Stationary and Online Trade
and the customer referred to in § 1 (2)
§ 1 Scope, definitions
(1) The business relationship between the Seller and the Customer shall be governed exclusively by these General Terms and Conditions (hereinafter “GTC”) in their valid version at the time of the order. Deviating general terms and conditions of the Customer are not recognised unless the Seller explicitly consents to their validity in written form. Only individual agreements with the Customer take precedence over these GTC. The individual agreements are only validly concluded if they have been concluded in written and text form.
(2) The GTC apply both to consumers and in relation to entrepreneurs. The Customer is a consumer within the meaning of § 13 BGB [German Civil Code], insofar as the purpose of the purchase cannot be attributed predominantly to his/her commercial or self-employed professional activity. In contrast, an entrepreneur within the meaning of § 14 BGB is any natural person or legal entity or partnership with legal capacity that exercises its commercial or independent professional activity in concluding the contract.
(3) Unless directly amended or expressly excluded in these GTC, the statutory provisions shall apply.
(4) The version of the GTC valid at the time the order is placed by the Customer shall apply.
§ 2 Contract subject matter
(1) The Seller’s business field comprises trading in as-new and used luxury goods, mainly collector’s items, in the consumer goods sector, which are also regarded as an investment in the course of business, particularly bags (handbags and other carrying cases), clothing, works of art, jewellery, watches and accessories. As a rule, the goods are pre-owned. This means that they come from previous ownership (possession and/or ownership) by at least one other natural person or legal entity, who is not the manufacturer.
(2) The Seller is an independent company. As such, the Seller is not in any contractual, commercial or other relationship with the manufacturing company of the goods offered by it for sale. The Seller shall exclusively acquire the goods from well-known auction houses, companies or private individuals.
(3) The purchase of each product is always accompanied by a report, in the case of handbags, as so-called “Bag Report”. This report documents the condition of the goods and confirms the authenticity of the item (original goods).
(4) As a rule, the goods are sold to the Customer in the original packaging, including the related original accessories. For each product, the exact scope of the accessories results from the respective included report. With an order via the online shop, a list of accessories is also in the order confirmation.
§ 3 Conclusion of contract
Contracts can be concluded on site in the retail shop § 3.1) or via the online shop (§ 3.2).
§ 3.1 Conclusion of contract in the retail shop
The conclusion of the contract takes place in the retail shop by offer and acceptance according to the statutory provisions of the BGB.
§ 3.2 Conclusion of contract in the online shop
(1) The presentation and advertisement of the goods in the Seller’s online shop does not constitute a binding offer to conclude a purchase contract, but rather, a request to place an order (invitatio ad offerendum).
(2) The Customer can collect the goods selected in the seller's online shop in a so-called shopping basket via the button: "Add to shopping basket”. To be able to place his/her order in the Seller’s online shop, the Customer must register for a customer account with his/her personal data prior to his/her first order. The Customer assures that the information provided by him/her for this purpose is truthful. Using the button: “Order with payment obligation”, he/she submits a legally binding application to purchase the goods in the shopping basket. Unless specified otherwise in the order, the Seller is authorised to accept this application within 10 calendar days after receipt. However, the application to purchase can only be placed and sent, if the Customer accepts the General Terms and Conditions by clicking on the button: “Accept GTC” and has thereby taken up his/her application to purchase. The Customer can view and print out these GTC using the “GTC” link located there.
(3) Following the submission of the binding purchase offer, the Seller sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out. The automatic confirmation of receipt only documents that the Customer’s order has been received by the Seller and does not constitute a legally binding acceptance of the application. The contract shall only enter into force with the submission of the declaration of acceptance by the Seller, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, however, no later than upon delivery of the goods, the contract text (comprised of order, GTC and order confirmation) is sent to the Customer on a permanent data carrier (e-mail or paper printout) (contract confirmation). The contract text is stored with due regard for data privacy.
(4) If delivery of the goods offered by the Customer is not possible, such as because the product has already been sold and the Sale that took place previously was not yet updated in the online shop due to technical reasons, the Seller shall refrain from a declaration of acceptance. In this case, a contract shall not be concluded. The Seller will inform the Customer about this.
(5) The Customer can choose whether the online shop is displayed in German or English. The conclusion of the contract will then also take place in the language chosen by the purchaser. The GTC will be sent to the Customer in the respective contract language.
§ 4 Delivery
(1) With orders via the online shop and subsequent shipping of the goods, the shipping will take place with a transport company chosen by the Seller. With a Customer who is a consumer, the Seller shall bear the shipping risk in accordance with the statutory provisions. If the Customer is an entrepreneur, the shipping takes place in accordance with § 447 BGB at his/her own risk.
(2) The delivery times for orders placed online are approximately 7-14 days, provided that no, or no deviating, delivery time is specified for the respective goods in the online shop or in the order confirmation. The delivery periods specified by the Seller are calculated from the time order confirmation, subject to prior payment of the purchase price.
(3) The following delivery restrictions exist:
(a) The Seller ships the goods within the Federal Republic of Germany and also internationally to selected countries, which are listed by name in the online shop. The prerequisite for dispatch is that the Customer has his/her usual abode there and accordingly has an invoice and delivery address.
(b) Goods from a certain purchase price can exclusively be collected on site in the retail shop of the Seller in Berlin. If this is the case, this will be pointed out in the online shop before the purchase of the goods.
(4) In addition to the delivery of the goods, for a special shopping experience, there is always the option of picking up the goods ordered via the Seller's online shop on site in its retail shop in Berlin. In this case, the Customer retains the statutory right of cancellation (cf. also § 11 of these GTC).
§ 5 Handling the goods during the cancellation notice period
(1) Since the seller's range of goods consists exclusively of luxury goods, the Customer, who is also a consumer and has ordered the goods online, is advised to handle the delivered goods with care until he/she decides not to exercise his/her statutory cancellation right and to inspect the goods only to the extent that this would also be possible in the case of a stationary purchase on site in a shop. In particular, attached protective foils are not to be removed. In the event of any further handling of the goods, the Customer may be required to pay compensation for lost value in accordance with § 357a BGB. Even the slightest damage can lead to considerable loss of value.
(2) The Seller also points out that in case of return without or with damaged original packaging and/or accessories, which were included in the scope of supply, claims for loss of value also come into question against the Customer. The Customer is therefore also requested here to handle the original packaging and accessories with care and to keep them until the expiry of the cancellation right.
§ 6 Reservation of ownership
The delivered goods remain under the Seller’s ownership until full payment.
§ 7 Prices and shipping costs
(1) All prices in the retail shop, as well as in the Seller’s online shop, are stated in euro (EUR). The prices are stated as gross prices, in which the respective applicable statutory value-added tax and any packaging costs incurred in online shipping are already included. The sale is subject to differential taxation for preused items (Art. 25a German VAT Act). The VAT included in the purchasee price is not shown separately in the invoice and cannot be claimed as input tax.
(2) In the case of an order via the online shop, the shipping costs – even if the Customer makes use of his/her cancellation right – shall be borne by the Seller.
§ 8 Payment modalities
(1) The Customer can make the payment on site in the retail shop with cash, as well as with a credit card or EC card. When ordering via the online shop, the Customer can choose between payment in advance, instant bank transfer, credit card, ApplePay or Paypal. If the Customer has stored a payment method in his/her customer account, he/she can change it at any time.
(2) The payment of the purchase price is due immediately upon conclusion of the contract.
(3) The Customer is only authorised to offset against claims of the Seller, if his/her claims have been established as final and absolute by a court of law, the Seller has acknowledged these or if the Seller’s claims are undisputed. The Customer is also authorised to offset against the Seller’s claims, if the notifications of defects or counterclaims are based on the same purchase contract. The Customer may only exercise a right of retention, if his/her counterclaim is based on the same purchase contract.
§ 9 Material defect warranty
(1) The Seller shall be liable for material defects in accordance with the statutory provisions applicable in this respect, particularly §§ 434 et seqq. BGB. With respect to entrepreneurs, the limitation period for the Seller’s goods shall be 12 months.
(2) The Seller shall check the goods for any damage before handing it over or sending it to the Customer and document its condition by means of video or image recordings. (Report, e.g. Bag Report). If it is an order placed via the online shop, the Customer, who is simultaneously a consumer, is requested to check the goods again immediately after receipt of the delivery for possible damage. Should the Customer find a defect, he/she is requested to notify the Seller about this immediately. If the consumer fails to comply with this, his/her warranty claims shall remain unaffected by this.
(3) The obligation to inspect and give notice of defects in accordance with § 377 HGB applies to the entrepreneur. If a defect becomes evident during the delivery, inspection or at a later time, the Seller must be notified about this immediately in written form. In any case, obvious defects which are recognisable without further examination shall be notified in writing within 2 working days from delivery and defects which are not recognisable during the examination shall be notified within the same period from discovery. If the Purchaser omits the proper inspection and/or notification of defects, Seller’s liability for the defects, which are not notified at all or not on time or not properly, will be excluded in accordance with the statutory provisions.
(4) The Seller shall only provide an additional warranty for its goods if a corresponding warranty declaration has been expressly made for the respective item in the order confirmation.
§ 10 Liability
(1) Claims of the Customer for damages are excluded. However, this does not apply to claims for damages by the Customer due to injury to life, limb, health or the breach of material contractual duties (cardinal duties) and to liability for other damages, which are due to premeditated or grossly negligent breach by the Seller, its legal representatives or legal agents. Material contractual duties are those whose fulfilment is necessary to achieve the aim of the contract. In the event of a breach of material contractual duties, the Seller shall only be liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and agents of the Seller if claims are asserted directly against these.
(4) The liability limitations arising from Paragraphs 1 and 2 shall not apply, if the Seller fraudulently conceals a defect or has assumed a warranty for the quality of the item. The same applies, if the Seller and the Customer have concluded an agreement about the quality of the item. The regulations of the Product Liability Act remain unaffected.
§ 11 Cancellation policy
(1) Consumers generally have a statutory cancellation right when concluding a distance selling transaction, which the Seller shall inform about below on the basis of the statutory model. The exceptions from the cancellation right are regulated in Paragraph 2. A model cancellation form can be found in Paragraph 3.
You have the right to cancel this contract within fourteen days without specifying reasons. The cancellation notice period is fourteen days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods. To exercise your cancellation right, you must inform us,
Margaux Collections GmbH
Fasanenstraße 65, 10719 Berlin
with a clear declaration (e.g. with the letter sent by post, telefax or e-mail) about your decision to cancel this contract. You may use the attached model cancellation form, however, this is not prescribed.
To preserve the cancellation time limit, it is sufficient for you to dispatch the notification about exercising the right of cancellation prior to the expiry of the cancellation time limit.
Consequences of the cancellation
If you cancel this contract, we will immediately refund you with all payments received from you, including shipping costs (with the exception of additional costs that result from the fact that you have selected a different shipping method than the standard, lowest-priced shipping method offered by us) and in any case, no later than within fourteen days from the day as of which the notification about your cancellation is received by us. For this refund, we will use the same payment method that you used for the original transaction, unless explicitly agreed otherwise with you; in no case, will we charge you any fees for this refund. We may refuse the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which takes place sooner. You must send back or hand over the goods to us immediately and in any case, no later than within fourteen days from the day on which you inform us about the cancellation of this contract. The time limit shall be fulfilled if you dispatch the goods prior to the expiry of the time limit of fourteen days. We shall bear the costs of returning the goods. You are only required to cover any loss in value of the goods, if this loss in value is due to your handling of the goods that is not necessary for inspecting the condition, features and function of the goods.
(2) The Seller informs about the model cancellation form according to the statutory provision as follows:
Model cancellation form
(If you intend to cancel the contract, please fill out this form and return it.)
Margaux Collections GmbH
Fasanenstraße 65, 10719 Berlin
— I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (for notification on paper only)
(*) Delete if not applicable
§16 Data privacy
§ 13 Applicable law and legal jurisdiction
(1) For contracts between the Seller and the Customer, the law of the Federal Republic of Germany applies, to the exclusion of the UN Sales Convention. The statutory provisions concerning the limitation of choice of law and the application of mandatory provisions, particularly those of the country in which the Customer has his/her usual abode as a consumer, shall remain unaffected.
(2) If the Customer is
- (a) a consumer, who has no general legal jurisdiction within the Federal Republic of Germany or whose place of residence or usual abode is not known at the time of filing legal action or
- (b) an entrepreneur, a public-law legal entity or a special public-law fund,
the legal jurisdiction for all disputes from contractual relationships between the Customer and the Seller is exclusively the Seller’s registered office in Berlin. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
§ 14 Written form
Changes and amendments to these GTC must be in written form in order to be valid. This also applies to the change or rescission of the written form requirement.§ 15 Severability clause
Even in the case of invalidity of individual points, the contract shall otherwise remain binding. Instead of the invalid points, the statutory provisions shall apply, if available.
Date: December 2022