General Terms and Conditions

1.

Scope

The following general terms and conditions apply exclusively to the business relationship between Marc O'Polo and the customer.

Marc O'Polo sells its goods exclusively to end consumers and in quantities that are considered normal for an average household.

2.

Prices

Prices are always given inEuros and include VAT. The VAT rate and proportion is always shown on the invoice.

3.

Concluding the contract

The presentation of goods in the Marc O'Polo Online shop only represents a non-binding appeal to order goods from Marc O'Polo.
By ordering from Marc O'Polo, the customer makes a binding offer to enter into a sales contract.

The offer is accepted by Marc O'Polo and the sales contract concluded only at the time of delivery of the ordered goods, which begins when the package is transferred to the courier. Marc O'Polo informs the customer by e-mail that the ordered goods have been transferred to the courier.

The automatically generated e-mail confirming receipt of the order does not constitute acceptance of the offer by Marc O'Polo, but merely documents the fact that Marc O'Polo has received the order.

If Marc O'Polo realises when processing an order that the ordered goods are unavailable, the customer shall be informed by e-mail.

4.

Delivery

Marc O'Polo delivers to the order address provided by the customer. Goods can only be delivered within Belgium. Goods cannot be delivered to P.O. boxes. GLS is responsible for delivering goods within Belgium.

Marc O'Polo shall fulfil the order within 30 days of the day after the customer places the order, unless a different delivery date has been agreed.

5.

Warranty

5.1. Transfer of ownership

Ownership of the goods sold, including their accessories, is transferred to the customer only when the full price of the goods and any costs have been paid.

Before payment has been received, the customer is not permitted to dispose of the goods in any way (selling the goods, renting them out, pledging them...) or to make changes to the goods that reduce their value.

In the event of a pledge or notification of a payment order issued by a third party, the customer shall undertake to inform the seller immediately and to inform the third party of the reservation of ownership clause set out in these terms and conditions.

5.2. Appropriation of goods sold

5.2.1 All complaints regarding non-conformity or visible defects must be made to the seller by registered post, fax or e-mail within eight days of the delivery date at the latest.

Please use the following contact details:

Marc O'Polo Online Shop
c/o arvato services
Lager Dortmund
Schleefstrasse 507
44287 Dortmund
e-mail: customerservice@marc-o-polo.com
fax: +49 (0)231 96677889

The relevance and exact nature of the alleged defect must be specified in detail so that Marc O'Polo can check the delivered goods.

If a complaint is not received within this period, the goods shall be deemed to have been accepted without reservation in accordance with the provisions set out in these terms and conditions.

5.2.2 If a non-conformity or visible defect is found, Marc O'Polo shall either replace or repair the goods in question or issue a refund in the form of a credit note for the invoiced amount.

5.3. Warranties and hidden defects

5.3.1 If the goods are found to contain a manufacturing defect or material defects that affect their intended use, Marc O'Polo shall replace the goods or item found to be defective within a reasonable period of time after the delivery date, excluding any other claim for damages.

5.3.2 This warranty takes effect on the date the goods were delivered.

5.3.3 This warranty is terminated by law if the owner changes the material or the goods, if the goods are used for a purpose other than that for which it was intended, if changes have been made to the goods without the consent of Marc O'Polo or if they have been repaired by a third party or the customer himself in the meantime.

In any case, the warranty shall expire by law two years after the date of delivery.

5.3.4 On penalty of forfeiting the warranty, the customer shall undertake to inform Marc O'Polo of any defect in writing immediately and no later than two months after the defect was discovered. The nature and scope of the defect must be described as accurately as possible and Marc O'Polo must be invited to check the defective goods.

5.3.5 This warranty covers the replacement of parts found to be defective, within normal, foreseeable and acceptable limits, and the adjustments necessary in connection with this replacement.

To that effect, this warranty does not cover repairs required as a result of the goods being used in a way that deviates from that described in the user instructions, incompetence or negligence on the part of the customer or a maintenance defect.

5.3.6 Marc O'Polo's intervention under the guise of the warranty does not constitute an extension of the warranty, but represents an admission of liability on its part.

Equally, returning material to Marc O'Polo, with its prior consent, does not constitute recognition on its part of the defectiveness or non-conformity of the material that has been returned.

6.

Right to cancellation

You have the right to cancel this contract within fourteen days without providing your reasons for this.

The cancellation period is fourteen days from the day you or a third party named by you, who is not the carrier, receive or received the goods.

To exercise your right to cancellation, you must inform us (Marc O'Polo Einzelhandels GmbH, Hofgartenstraße 1, D-83071 Stephanskirchen, Germany, Tel: +49 (00) 800 10221022, Fax: +49 (0) 231 96677889, Email: customerservice@marc-o-polo.com) by post, fax, email or similar, clearly stating that you have chosen to cancel this contract.

You may use the attached cancellation form, but this is not compulsory.

You must send this notification about your wish to exercise your right to cancellation before the cancellation period ends in order for it to be considered valid.

Consequences of cancellation
When you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs arising where you have chosen a delivery method other than the standard delivery we offer), immediately and at the latest within fourteen days of the day we receive notification from you that you wish to cancel the contract. We shall refund these payments via the same method used for your original transaction, unless otherwise expressly agreed with you. Under no circumstances will you be charged a fee for this refund. We can refuse to issue the refund until we receive the goods or until you provide evidence that you have returned them, whichever is earlier.

You must send the goods back to

Marc O'Polo Online Shop
c/o arvato distribution GmbH
Schleefstrasse 507
44287 Dortmund
Germany

immediately and at the latest within fourteen days of the day on which you notify us that you wish to cancel the contract. We shall consider the deadline met if you send the goods before the fourteen day period expires.

We shall accept the costs of returning the goods.

You must only pay for any loss in value of the goods if this loss in value is caused by you having handled them in any way other than that which is necessary to ascertain their appearance, features and functionality.

Cancellation form
If you wish to cancel this contract, please fill out this form and return it to

Marc O'Polo Online Shop
Fax: +49 (0) 231 96677889
c/o arvato services
Email: customerservice@marc-o-polo.com
Lager Dortmund
Schleefstrasse 507
44287 Dortmund
Germany

I/we (*) hereby cancel the contract that I/we (*) agreed for the purchase of the following goods:
Ordered on (*): ................................................../ Received on (*): ..........................................................
Customer name(s): ....................................................................................
Customer address(es): ...............................................................................
Customer signature(s) (only required if sending by post): ...........................................................................................................................
Date: ................................................
*Please delete where inapplicable

7.

Payment methods

The customer can pay the purchase price by credit card (Visa, MasterCard, Amex) or by invoice.

When paying by credit card, the amount is debited when the goods are despatched.

The customer is the cardholder. When paying by invoice, the delivery address, home address and billing address are the same. The purchase price is payable on receipt of the invoice. The customer shall pay the amount due within 14 days of receiving the invoice.
As a general rule, only one voucher may be redeemed per order. The redemption of several vouchers or different vouchers when placing an order is explicitly excluded. The exchange of vouchers for cash is also excluded.

Marc O'Polo will review and evaluate the customer information including through the use of the data from the Marc O'Polo Group and individual payment types may be rejected if justified under the circumstances. In particular, for the purposes of credit assessment and credit control, where appropriate, data is exchanged with:

AZ direct GmbH
Carl-Bertelsmann-Straße 161
33311 Gütersloh

8.

Reservation of ownership

All delivered goods shall remain the property of Marc O'Polo until full payment has been received.

9.

Data protection

The customer's personal data disclosed to Marc O'Polo within the scope of the business relationship is stored and, where appropriate, shared with affiliated companies for the purpose of processing the order. All data shall of course be treated confidentially.

Marc O'Polo uses the data to provide the customer with further information about new products (e-mail newsletter). If the customer does not wish to receive this information, he may state this when placing an order or may subsequently cancel the newsletter subscription at any time.

The data is not used or transferred for any other advertising purposes. Marc O'Polo always pays due regard to customer interests that are worthy of protection in each case.

10.

Applicable law

Sales contracts concluded in Belgium are governed exclusively by Belgian law.

11.

Jurisdiction

Every claim, whether it concerns the conclusion, validity, execution, interpretation or termination of the contract, is to be brought before the courts of the judicial district in which the customer resides.

13.

Online platform for settling disputes in online retail

In the case of disputes between consumers and the company, extrajudicial arbitration procedures have proven to be successful. With the passing of directive 2013/11/EU regarding alternative dispute settlements in consumer affairs (the so-called ADR directive) as well as EU regulation no. 524/2013 regarding online dispute settlements in consumer affairs (the so-called ODR directive), the European Union ensures that consumers all over Europe can take advantage of extensive arbitration procedures.


The European online dispute settlement platform (OS platform) has been set up for this purpose: http://ec.europa.eu/consumers/odr/