Charles & Marie

Miscellaneous Terms Of Use

Welcome to Charles & Marie!

The following general conditions of business apply to the following shopping formats offered on our site:

Soupe Du Jour:

Our special of the day. This offer changes daily, as does its culinary equivalent. We sell an item for 24 hours or until a product is sold out.

Quintessentials:

Our careful selection of the best products in various categories. But not necessarily the most expensive product. This selection of incomparable products can be purchased by all visitors.

These general conditions of business regulate all purchases on www.charlesandmarie.com within the framework of the shopping formats described above and apply to all purchase contracts between Charles & Marie KG (in short: C&M) as the seller, and the customer (you) as the purchaser. They also apply - insofar as the sense and purpose is appropriate - to obligations between the parties that arise as a result of initiating contractual negotiations in this regard or similar commercial contacts in terms of § 311 para. 2 BGB (Bundesgesetzbuch - German Civil Code). Customers' conditions that deviate from, contradict or supplement these conditions shall only form part of this contract if they have been confirmed expressly and in writing.

Products:

All products offered are obtainable as described in the shop. In principle, our offers are not binding. The right to technical modifications and modifications to form, color and/or weight remain reserved, within the framework of reasonableness. We reserve the right to implement without prior notification product modifications that in our view or the view of the manufacturer serve to improve the quality of a product. We reserve the right to err in terms of product description.

Materialization of the contract:

We offer exclusive lifestyle products in our web shop - occasionally in limited quantities only. In this regard, a situation might occur where the required item is sold out after the start of the order process but before materialization of the contract. As a result, a purchase contract will only materialize between you as the purchaser and C&M in the case of a positive confirmation of order. You will receive this confirmation by email after the availability status and your credit card have been checked. By entering your order, you are merely providing an offer to conclude a contract.

Product character and guarantee:

Our manufacturers guarantee the reliability of their products. In principle, the only character of the product agreed to shall be the product description by the manufacturer in the web shop. Public statements, promotions or advertising by the manufacturer do not represent any further contractual character of the product. Charles & Marie KG guarantees liability for defects in the entire range in accordance with the statutory provisions in §§ 434 et seq. BGB in terms of defects in material and manufacture. The guarantee extends exclusively to the products; C&M will only be liable for direct consequential damages in accordance with statutory provisions. Any liability in the event of loss or willful damage and improper handling is excluded. Obvious damages to a product must be reported immediately in writing to C&M within 7 days of receipt of the goods. The ordering party will not receive guarantees in a legal sense from us. Manufacturers' guarantees remain undisturbed by this.

Prices:

All prices ex warehouse shall be considered as (gross) individual prices. Packaging and postage costs, as well as transport insurance will be added to this price. The prices are inclusive of 19% statutory VAT. The VAT will be indicated separately on the invoice. Prices valid at the time of your order shall be applicable. All previous prices are consequently invalid. Insofar as not otherwise mentioned, each price relates to the article illustrated according to description, and not to decorative items and accessories that are not listed in the description of the article.

The period of validity of our limited offers can be established from the location in the shop where they are presented and offered. By the nature of our offers that are limited according to time or volume, it is possible that a promotion item is sold out before the time period for the offer has expired. We expressly do not provide any guarantee of delivery. Our offers are only valid while stocks last!

Charles & Marie Gift Cards:

• Redemption

Delivery:

For security reasons, your order from Charles & Marie will only be delivered to the address listed with your credit card.

Our delivery to you will be effected by our logistics partners. Please refer to the calculation in the shopping basket to determine our delivery charges for a 'carriage paid' consignment with insured transport prior to concluding your order. Recipients are responsible for any applicable customs duties or taxes in that country. These are collected by the carrier upon delivery.

Delivery time:

Delivery of your order will be effected quickly and reliably. Warehouse goods are generally dispatched two working days after receipt of order. Please remember that in many cases ('Soupe du Jour', for example), our business model does not provide for stock keeping. These goods come from small, unique manufacturers and designers worldwide. Many of our offers are limited editions, and dispatch from the manufacturer to Charles & Marie often occurs only after your purchase or conclusion of the sales procedure. The goods usually arrive in our logistics hub in Germany after approximately 10 days and are then sent on to you without delay.

Incorrect delivery, missing items and breakages:

Please inform us immediately. We will rectify the matter on your behalf. Our customer service email address is: customerservice@charlesandmarie.com.

Disposal of packaging:

Please dispose of packaging and cartons at your local disposal facilities. Please note that Charles & Marie requires the original packaging where a cancellation right is exercised, to avoid claims for compensation in deterioration in value.

Cancellation and return:

A situation could naturally arise where you are not convinced by a product, despite the detailed descriptions and photos in our shop. In this case, Charles & Marie would like you to consider passing the product on or donating it to charity. Charles & Marie are permanently searching for wonderful, new products and destinations for your circle of friends. If we are unable to keep our processes streamlined, we need to concern ourselves with tasks that in effect keep us from our real goals. Please help us and all friends of Charles & Marie to reduce processing of returns and the administration costs associated with this!

If you do not agree with this, we will of course meet our statutory obligations. Send us an email at customerservice@charlesandmarie.com informing us of your return request within two weeks of receipt of the goods. We will then arrange the return with you. It is not necessary for you to provide a justification. According to German law, you alternatively have the option to return the goods by own arrangement to Charles & Marie within two weeks of receipt without prior notification. You will be required to carry the return costs for orders up to the value of 40 euro if the delivered goods are in compliance with the order. In other cases, Charles & Marie will assume the costs for the return. Articles must be returned to us unused, in their original packaging and without any indication of use. You should therefore retain the original packaging until the final decision to purchase has been made. In the event of deterioration of the article due to use, or the return of the article without the original packaging, Charles & Marie KG shall retain the right to compensation in deterioration in value. Reduced goods are excluded from exchange or return.

Deadline for returning goods:

The period shall begin on receipt of the goods. Timely agreement as to collection arrangement or the return of the goods by own arrangement shall suffice for adherence to the deadline. Any possible request for return must be addressed in writing to Charles & Marie KG, Customer Service, Taubenweg 7, 61462 Königstein, Germany or by email to customerservice@charlesandmarie.com. The purchase contract will be rescinded after the return of the goods, and we will pay any amounts already remitted within 14 days by means of a credit to your account or by transfer, on request. Processing of returns via credit card accounts are excluded for reasons of cost.

Payment:

We only accept payment by credit card and paypal. We currently accept Visa, Mastercard and AMEX. Payment must be made in advance. Your credit card data will be transmitted in an SSL-encrypted form for the duration of the transaction.

Charles & Marie will not commence with the manufacture or dispatch of the products ordered, or with the provision of services, before your credit card company has approved your credit card for use in paying for the products and services ordered. We will inform you, should your credit card company not provide this approval. Payment by credit card is only possible if the address under which your credit card is conducted is in the same country as that to which you wish to have the goods that you ordered dispatched. Where a returned debit entry can be attributed to a customer, or a credit card payment is declined, compensation for the costs charged to us by the company involved in the payment processing are to be paid. You will receive an electronic confirmation of order, which simultaneously serves as your invoice. On request, we will send you a printed copy of your invoice. All prices are inclusive of statutory VAT. The price valid at the time of order shall be applicable. Goods delivered shall remain our property until paid for in full.

Liability:

Liability for damages on the part of Charles & Marie, their employees and agents, both in terms of the contract or outside of the contract, shall exist only to the extent that the damages can be attributed to gross negligence or intent, irrespective of the legal grounds. Any possible mandatory liability, e.g. according to the law of product liability, due to injury to life, limb or health, or due to a breach of a significant contractual duty to a slight degree at least, shall remain undisturbed. Damages for breach of significant contractual duties shall however be limited to contract-typical, foreseeable damages, to the extent that intent or gross negligence is not present, or liability is not assumed due to injury to life, limb or health. Modification of the onus of proof to your disadvantage shall not be associated with the existing regulations.

Data protection:

All personal data collected on the web site of www.charlesandmarie.com will be stored and processed exclusively for your individual support and to inform you about interesting and new offers. Should you not be interested in receiving information in this regard, please contact us. We will delete or block your data as soon as possible. You can cancel delivery of our newsletter in the area "Your account" yourself at any time.

Data protection practices by Charles & Marie KG as the operators of the web shop of the Internet presence under www.charlesandmarie.com are in accordance with the BDSG (Bundesdatenschutzgesetz - Federal Law on Data Protection) as well as the TDDSG (Teledienstedatenschutzgesetz - Teleservices Data Protection Law). We will ensure that your data is treated confidentially according to the applicable provisions of the law on data protection, and in particular will not be passed on to third parties. In order to process and deliver your order, we will only pass your data on to those contracted to provide the delivery service. Should you wish to modify or delete your data, please send an email to customerservice@charlesandmarie.com.

We store your personal data in a password-protected customer account (registration), so that when you next purchase from us you do not need to re-enter your name and address, and the delivery address(es). The data is automatically transferred to your order form. The transmission of your data is encrypted by means of SSL (Secure Socket Layer).

Force majeure:

We shall not be liable in the event that we are impeded from fulfilling our contractual duties by force majeure or other circumstances beyond our control. We will fulfill our obligations as soon as is reasonably possible under these circumstances in cases where force majeure or other circumstances beyond our control cause delays.

Copyright:

The web items on www.charlesandmarie.com are copyright by Charles & Marie KG, Germany. Charles & Marie expressly retains the right of ownership and copyright to the items. Prior written consent of Charles & Marie is required for linking or use for private purposes.

Place of jurisdiction:

These provisions, as well as all contracts concluded according to these conditions, are subject to German law with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction for both parties is Königstein, Germany - insofar as this permissible in law. Place of fulfillment is our registered office and the language of our contracts is German.

Responsibility for the items in the Charles & Marie webshop:

Charles & Marie KG
Claus Krogmann
Taubenweg 7
61462 Königstein, Deutschland

HRA 3234, Amtsgericht Königstein
email: customerservice@charlesandmarie.com
EU VAT ID: DE245807871

WEEE-Reg.-Nr: DE74767480

Liability note:

We assume no responsibility for the content of external links, despite careful checking of their contents. The operators of linked web sites are solely responsible for their contents. In a judgement dated May 12th 1998, the Hamburg Regional Court decided that by providing a link, an operator of a web site is responsible for the content of the web site linked to. According to the Regional Court, this can only be prevented if the operator expressly distances him/herself from these contents. We declare expressly that we have no influence whatsoever on the layout and contents of the web sites linked to. Consequently, we hereby distance ourselves expressly from the contents of all web sites linked to from the entire home page, including all subsidiary pages. This declaration is applicable to all links provided from our web site, and to the contents of all pages to which links or banners lead.