Terms and Conditions
By using the Online shop, you agree to bound by these terms and conditions. Please read and understand the terms and conditions prior to purchasing an item.
1. Product information
We strive to always present correct product information and description. Due to human or technical faults, we cannot guarantee that this website that is free of errors. We reserve the right to correct any to these errors, at any time, without prior notice.
2. Product availability
Items are subject of availability and once an item is sold out, it will be taken off the online shop as quick as possible. As there is a delay between the time when your order is placed and the time the order is accepted by us, the stock status may change. If an ordered item becomes out of stock before we accept your order, we shall notify you as quick as possible. Marina Schwan shall not be liable to you for being unable to provide that item.
3. Pricing Policy
All prices on the website are in Euro and inclusive of value added tax (VAT). Although we try to ensure the correctness of the displayed prices, errors may occur. If we should discover a wrong price of an item that you have ordered, we won´t be able to accept your order and shall notify you as quickly as possible. You may then have the option of either reconfirming the order at the correct price or cancelling your order.
4. Order Process
By pressing the ‘Buy Now’ button at the end of the checkout process you place an order. You will then receive an email confirming your order. The order confirmation is acknowledgment that we have received your order and does not mean your order has been accepted by us. Given that we accepted you order you will receive another email when your item has been dispatched.
Denying acceptance of an order may be due to the following non-exhaustive reasons:
- The ordered item is out of stock
- We are not able to obtain authorization for your payment
- A system error occurred
The contract between you and Marina Schwan will subject to the laws of Germany and the jurisdiction of the German courts, with the exception of United Nations Convention on Contracts for the International Sale of Goods.
5. Payment Process
We accept payment for orders by Visa, Master Card, American Express, Discover Network, Apple Pay or PayPal. You will be charged for your order, shortly after it has been placed.
Until the purchase price is paid in full, Marina Schwan reserves property rights on all sold items.
6. Delivery
For a proper delivery of the ordered items we have to ask you to provide us with complete and accurate address information. We are not liable for the delivery to the wrong address as a result of you supplying us with incorrect address information. In that case you will be held responsible for the shipping cost.
Delivery within and outside the EU
If you requested delivery of your order to a country outside of the EU, the total cost of your order will include German VAT.
If you requested delivery of your order to a non-EU country, the total cost does not include German VAT. It will however include any taxes, duties and fees that are charged by the custom authorities instead. You will be informed about the amount of those charges in the confirmation mail that you receive after you placed your order.
7. Limited Warranty
Marina Schwan limits the warranty and liability for faults of goods and supplies (including expressly warranted qualities) as follows:
If there is a fault with the clothes Marina Schwan at its own discretion will repair or newly supply the damaged parts within 14 days from the date of the passing of the risk appear to have unacceptable defects caused by circumstances before the passing of the risk. Faults have instantly to be notified to Marina Schwan by Mail or Phone. Any liability or warranty is excluded if the goods are not used as instructed or handled improperly.
8. Limitation of Liability
Marina Schwan´s liability for damages arising from contractual, tortious or other legal grounds are excluded, except when it comes to the loss of life, limb or health or injury on an intentional or grossly negligent conduct of Marina Schwan or its vicarious agents or if it is a violation of one obligation essential for the purpose of the contract. This limitation of liability is not applicable where liability is mandatory, e.g. according to the Product Liability Laws.
9. Cancellation
Before Dispatch:
If you wish to cancel your contract before your order has been dispatched, you need to notify us by mail shop@marinaschwan.com. We will refund you the original purchase price and delivery charges within 14 days, given that the price has been already paid. Note: Cancellation must be prior to dispatch.
After Dispatch:
If you wish to cancel your contract while your order has already been dispatched, you need to notify us by mail shop@marinaschwan.com within 14 days after the day your received the order. You then have further 14 days to return your order to us (Marina Schwan, Obentrautstraße 60 / 62, 10963 Berlin). You will be held responsible for the shipping cost. We will refund you the original purchase price within 14 days after we received the returned items in compliance to our Returns Policy.
10. Returns Policy
The items must be returned in a saleable condition within 2 weeks after receiving it. That means, the items must be unused and in their original packaging incl. goody bag with garment tags and any other security devices still attached.
We reserve the right to assess the condition of the returned items as still sellable or not. For example, it will be defined as unsellable if there are issues such as stains, odour or make-up traces.
The right to return an item does not apply to items that have been personalized to your specifications.
11. Severability
If a provision of this agreement is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of the agreement shall not be affected thereby.