Terms of service

1. General

  • a) For the business relationship between us, MARIA GALLAND GmbH (hereinafter "MARIA GALLAND"), and you, the orderer of goods presented on the website mariagalland.com (MARIA GALLAND Online Shop), the following General Terms and Conditions (GTC) shall apply exclusively in their version valid at the time of the order.

  • b) Goods within the meaning of these GTC are all products that can be purchased in the MARIA GALLAND Online Shop.

2. Conclusion of Contract

  • a) The goods presented in the MARIA GALLAND Online Shop do not yet constitute an offer to conclude a contract, but merely a non-binding invitation for you to submit an order.

  • b) Orders may only be placed by persons of legal age. Goods are only supplied in quantities customary for households.

  • c) You can select the goods in the MARIA GALLAND Online Shop and place them in the shopping cart by clicking the "Add to shopping cart" button. By clicking the "Buy" button, you submit a binding offer to purchase the goods in the shopping cart.

  • d) MARIA GALLAND will send you an order confirmation to the email address you provided. The contract with us is concluded upon this order confirmation. If MARIA GALLAND does not send an order confirmation within three days from the dispatch of the order, the customer is no longer bound to their offer.

    • Deviating from this, a contract is already concluded as follows: In the case of payment with PayPal, the contract is concluded at the time of confirmation of the payment instruction to PayPal. In the case of payment by credit card, the contract is concluded at the time the credit card is charged. In the case of payment with giropay or by instant bank transfer (Sofortüberweisung), the contract is concluded at the time of confirmation of the payment instruction.

  • e) The conclusion of the contract and the contract language take place exclusively in the German language.

  • f) The text of the contract is not stored by us after the conclusion of the contract and is not accessible to you. However, the order data will be stored by us within the scope of statutory provisions. You can print out your order data immediately after placing the order. Registered users can access the order data under "My Account". Guest orderers can send an email to kundenservice@maria-galland.com for a transmission of the order data.

3. Right of Withdrawal and Cost-Bearing Agreement

a) If you are a consumer, you are entitled to the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must inform us (Maria Galland GmbH Online Shop, Wintrichring 58, D-80992 Munich, Telephone: 00800/642 552 63, Fax: +49 – 89 – 143 24 – 120, Email: kundenservice@maria-galland.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees because of this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier time.

You must send back or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40 Euros, or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the withdrawal. Otherwise, the return shipment is free of charge for you.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

– End of the Withdrawal Instruction –

b) Unless otherwise agreed, the right of withdrawal according to Section 3 lit. a) does not apply to distance contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

c) If you make use of your right of withdrawal as a consumer, the cost-bearing arrangement for the return shipment shall be governed by the provisions set forth above under Section 3 lit. a) (Effects of Withdrawal).

4. Return of Goods

  • a) For reasons of simplification, MARIA GALLAND requests you to return goods using the DHL return procedure to the address stored there. Acceptance of returned goods does not imply any recognition of your notices of defects. The goods are to be returned to: MARIA GALLAND GmbH, Wintrichring 58, D-80992 Munich, Email: kundenservice@maria-galland.com.

  • b) Your statutory rights, and thus also your right of withdrawal according to Section 3 lit. a) of these GTC, remain unaffected by the above provision under Section 4 lit. a).

5. Delivery

  • a) The dispatch of the goods takes place exclusively to delivery addresses in the Federal Republic of Germany and the Republic of Austria.

  • b) Unless deviating delivery periods have been agreed, the delivery time is 2 to 5 working days from receipt of the order, in the case of advance bank transfer from the day after you have instructed the payment of the full purchase price. If the last day of the period falls on a Sunday or a general public holiday recognized at the place of delivery, the next working day shall take the place of this day.

  • c) Unless expressly agreed otherwise, delivery is made by standard delivery with DHL or a partner transport company of DHL.

6. Prices and Shipping Costs

  • a) The prices at the time of the order shall apply.

  • b) All prices specified in the MARIA GALLAND Online Shop are in Euros (EUR).

  • c) The final prices specified in the MARIA GALLAND Online Shop include the respective valid value added tax.

  • d) Any shipping costs will be indicated to you in the order form.

7. Payment Terms and Methods of Payment

  • a) You can pay either by credit card, giropay, instant bank transfer (Sofortüberweisung) or by PayPal. After selecting the method of payment, follow the instructions in the MARIA GALLAND Online Shop. Registration is required for payment with PayPal. If you choose credit card as the method of payment, your credit card will be charged at the time the goods are dispatched.

  • b) In the event of default in payment, we are entitled to demand the statutory default interest. If we can prove that a higher damage caused by default has occurred, we are entitled to assert this.

8. Retention of Title

We reserve the title to the goods delivered by us until full payment of the purchase price.

9. Warranty and Liability

  • a) Unless otherwise regulated below, we shall be liable for material defects and defects of title in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB (German Civil Code). The limitation period for statutory claims for defects is two years. The limitation period begins with the delivery of the goods.

  • b) In the case of slight negligence, we shall only be liable if essential obligations, i.e. obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely and may rely, are violated. In the event of a breach of such obligations, our liability shall be limited to such damage as could typically be expected to arise within the scope of the respective contract. Otherwise, liability for slight negligence is excluded.

  • c) The primary limitations of liability do not apply to damages resulting from the breach of a guarantee or from injury to life, body or health, in the case of intent or gross negligence, as well as mandatory statutory liability for product defects.

10. Gift Cards

  • Gift cards purchased via the online ordering system for gift cards can be redeemed worldwide as a means of payment for Maria Galland online orders. The gift card will not be refunded and cannot be exchanged for cash.

  • For the individual purchase of gift cards, a minimum order value of €30.00 and a maximum amount per gift card of €100.00 applies.

  • The gift card is valid for 3 years from the date of issue. Any remaining balance after a purchase remains on the gift card as long as it is valid and can be used for future purchases. Unused amounts will neither be refunded nor credited to subsequent transactions after the expiration of the gift card.

  • We are not liable for delays or non-delivery of gift cards if these are caused by circumstances that are wholly or partly beyond our control.

  • We cannot guarantee that the online ordering system for gift cards will be available at all times and reserve the right to discontinue it at any time (temporarily or permanently).

  • Maria Galland assumes no liability for stolen or lost gift cards.

11. Data Protection

We collect and use the personal data provided by you (such as name, address, or email address) in accordance with the provisions of German data protection law. You can find more detailed information on this in our privacy policy at shop.maria-galland.de/Datenschutz.

12. Final Provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, have your habitual residence in the Republic of Austria and do not have a residence in Germany, the mandatory consumer protection provisions of the Republic of Austria remain applicable.

13. Provider and Contracting Partner

  • Company: MARIA GALLAND GmbH

  • Mailing address: Postfach 50 04 40, D-80974 Munich

  • Street address: Wintrichring 58, D-80992 Munich

  • Telephone: +49 (0)89 143 24-165

  • Fax: +49 (0)89 143 24-120

  • Email: kundenservice@maria-galland.com

  • Managing Directors: Silke Juncker, Gabriele Medingdörfer

  • Registered office: Munich (Registration Court Munich HRB 67298)

  • VAT ID Number: DE 129408655

14. Dispute Resolution

We endeavor to reach an agreement with the customer at all times. Use our service contact at kundenservice@maria-galland.com or our other specified contact options. The European Commission provides a platform for online dispute resolution (ODR) with further information, which can be reached on the Internet under the link http://ec.europa.eu/consumers/odr/. However, we do not participate in a formal dispute resolution procedure before a consumer arbitration board.

As of: July 2020