I. INTRODUCTION

Marivel Suri means mainly Handmade  Products on demand and therefore individually, just-in-time and personalised produced Goods:

With our new Brand Marivel Suri we take pride in our unique personalized products. Below, we outline our return policy, ensuring compliance with legal requirements.

Handmade Products:

• Definition: Handmade products are crafted by skilled artisans using manual techniques rather than mass production machinery.
• Characteristics:
  • Individuality: Each item is unique, reflecting the artisan’s skill and creativity.
  • Attention to Detail: Handmade goods often exhibit meticulous attention to detail.
  • Craftsmanship: The process involves care, precision, and a personal touch.
• Examples: Hand-knitted scarves, hand-thrown pottery, custom-made jewelry.

Personalized Products:

Under German law, the term “personalized products” refers to goods that are tailored specifically for an individual based on their preferences, input, or unique requirements. These products stand out due to individualized features and are often made to order, ensuring relevance to the customer.

• Definition of “PERSONALIZED PRODUCTS”:

1. • In Germany, the term “personalized products” refers to goods that are customized or tailored to an individual’s specific preferences, needs, or characteristics. These products are uniquely designed or modified based on the customer’s input.
   • The legal definition may vary depending on the context and specific regulations, but generally, personalized products are those that have undergone customization, such as custom-made clothing, engraved jewelry, or bespoke furniture.

• Characteristics:
  • Customization: Personalized items incorporate specific details chosen by the customer.
  • Uniqueness: They stand out due to individualized features.
  • On-Demand Production: Personalized goods are made to order, ensuring relevance to the customer.
• Examples: Engraved nameplates, monogrammed towels, custom-designed stationery.

German Law and Legal Citations:

The legal framework for personalized products in Germany includes the following references:

• German consumer protection laws have undergone recent updates, including the implementation of EU directives. Here are relevant legal sources:
  • Product Liability Act (Produkthaftungsgesetz, ProdHaftG): This law governs liability for defective products. Manufacturers are strictly liable for harm caused by their products.
  • Civil Code (Bürgerliches Gesetzbuch, BGB): The BGB contains provisions related to contracts, torts, and liability. It plays a significant role in product liability claims.
  • Product Safety Act (Produktsicherheitsgesetz, ProdSG): While not explicitly defining personalized products, it sets safety standards for all consumer goods.
  • Sales of Goods Act (Gesetz über den Verkauf von Waren mit digitalen Elementen und anderen Aspekten eines Kaufvertrags):
  • This act implements the Directive on certain aspects of contract law relating to the provision of digital content and digital services(Digital Content Directive, 2019/770/EC).
  • It addresses personalized goods by regulating aspects related to their sale, warranties, and consumer rights.
  • Digital Content and Services Act (Gesetz zur Umsetzung der Richtlinie über bestimmte vertragsrechtliche Aspekte bei der Bereitstellung digitaler Inhalte und digitaler Dienstleistungen):
  • This act specifically deals with digital content and services, including personalized digital products.
  • It ensures that consumers receive accurate information, guarantees, and proper remedies related to personalized offerings.

Our Offerings:

• All Our Products Are Personalized:
  • Handmade: Our artisans create each item with care, ensuring uniqueness.
  • On-Demand: We produce goods specifically for you, reflecting your preferences.
  • Whether it’s a handcrafted mug or a custom-printed tote bag, every item carries a personal touch.

Return Process:

14-Day Cooling-Off Period:

• Customers have 14 days from delivery to return any product.
• Exceptions apply to personalized goods (see below).

Personalized Goods Exception:

• Non-Returnable: Personalized items cannot be returned within the 14-day period.
• This includes products made to order or with customizations.

Faulty or Misdescribed Items:

• If a product is faulty or doesn’t match the description, we’ll repair, replace, or refund.
• Our commitment to quality extends to personalized goods.

Commercial Guarantees:

• We may offer additional guarantees beyond legal requirements.
• Any conditions will be clearly stated.

 II. Policy

1. Right of Withdrawal

You have the right to withdraw from your purchase within 14 days without giving any reason. The withdrawal period will expire 14 days from the day you receive the goods (§ 355 Sect. 1 BGB).

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post, fax, or email). You may use the model withdrawal form provided, but it is not obligatory (§ 355 Sect. 2 BGB).

• Directive Reference: Article 9-14 of Directive 2011/83/EU on consumer rights.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: [Name of the trader] Address: [Trader’s address] Email: [Trader’s email address] Fax: [Trader’s fax number, if applicable]

I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*),

Ordered on ()/received on (),

Name of consumer(s), Address of consumer(s), Signature of consumer(s) (only if this form is notified on paper), Date

(*) Delete as appropriate.

This form can be included in your return policy to provide customers with an easy way to exercise their right of withdrawal.

2. Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract (§ 357 Sect. 1 BGB).

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest (§ 357 Sect. 4 BGB).

• Directive Reference: Article 13-14 of Directive 2011/83/EU on consumer rights.

3. Return of Goods

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired (§ 357 Sect. 6 BGB).

You will have to bear the direct cost of returning the goods. If the goods are faulty or not as described, we will bear the cost of return (§ 357 Sect. 6 BGB).

• Directive Reference: Article 14 of Directive 2011/83/EU on consumer rights.

4. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

• Goods made to your specifications or clearly personalized (§ 312g Sect. 2 No. 1 BGB).
• Perishable goods (§ 312g Sect. 2 No. 2 BGB).
• Sealed goods which are not suitable for return due to health protection or hygiene reasons once unsealed (§ 312g Sect. 2 No. 3 BGB).
• Goods which are, after delivery, according to their nature, inseparably mixed with other items (§ 312g Sect. 2 No. 4 BGB).
• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights.

5. Legal Guarantee

In addition to your right of withdrawal, you are entitled to a two-year legal guarantee for new goods. If a product is defective, you can request repair, replacement, or a refund. This guarantee covers defects that were present at the time of delivery (§§ 437, 438 BGB).

Demonstration of Liability: Within the first six months, any defect is presumed to have existed at the time of delivery unless we can prove otherwise (§ 477 BGB). After six months, the burden of proof shifts to you to show that the defect was present at the time of delivery.

• Directive Reference: Article 5 of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.

6. Faulty Goods

If a product is faulty, you can return it within 14 days. Please contact our customer service team using the contact form, quoting your name and order number. We may ask for a digital image of the fault along with a clear description of the problem. If the fault cannot be verified via email, you may need to return the item for inspection. We will bear the cost of returning faulty goods (§ 439 Sect. 2 BGB).

Demonstration of Liability: You need to provide evidence of the fault, such as photos or a detailed description. If the fault cannot be verified via email, the item may need to be returned for inspection.

• Directive Reference: Article 5 of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees.

7. Non-Faulty Goods

We cannot accept returns of non-faulty goods that have been personalized or customized specifically for you. For non-personalized goods, you can return them within 14 days of notifying us of the cancellation, and you must pay for the return of the unused product (§ 312g Sect. 2 Nr. 1 BGB).

• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights1.

8. Cancellation Fees

If you choose to cancel your order after it has been processed but before it has been shipped, a cancellation fee of [insert amount or percentage] will apply. This fee covers the administrative costs associated with processing your order.

For personalized or customized items, if the production has already started, a cancellation fee of [insert amount or percentage] will apply to cover the costs of materials and labor.

Please note that once an order has been shipped, it cannot be canceled, but you may still exercise your right of withdrawal as outlined in section 1 (§ 355 Sect. 1 BGB).

• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights1.

9. Customer-Damaged Goods

If the goods are damaged after delivery due to improper use, mishandling, or accidents, the statutory warranty does not apply. We are not responsible for any damages caused by the customer after the goods have been delivered and accepted (§ 434 BGB).

Time of Withdrawal: If the goods are damaged after the 14-day withdrawal period, the right of withdrawal no longer applies. However, you may still be entitled to remedies under the legal guarantee if the damage is due to a defect present at the time of delivery (§ 437 BGB).

Return Declaration: If you wish to return damaged goods, you must notify us immediately and provide evidence of the damage, such as photos or a detailed description. If the damage cannot be verified via email, the item may need to be returned for inspection (§ 439 Sect. 2 BGB).

After Damaging: If the damage is determined to be due to improper use, mishandling, or accidents after delivery, we are not obligated to accept the return or provide a refund. However, we strive to offer assistance where possible and recommend contacting our customer service team to discuss potential solutions (§ 434 BGB).

• Directive Reference: Article 5 of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees1.

10. Exchange Policy

If you wish to exchange a product, please contact our customer service team within 14 days of receiving your order. Exchanges are subject to the following conditions:

• The product must be in its original condition, unused, and in the original packaging.
• Personalized or customized items are not eligible for exchange unless they are faulty (§ 312g Sect. 2 Nr. 1 BGB).
• You will be responsible for the shipping costs of returning the item. We will cover the shipping costs for sending the replacement item to you.
• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights1.

11. Cancellation of In-Progress Orders

If you wish to cancel an order that is still in progress, please contact our customer service team as soon as possible. The following conditions apply:

• If the order has not yet been shipped, you can cancel it without any fees.
• For personalized or customized items, if production has already started, a cancellation fee of [insert amount or percentage] will apply to cover the costs of materials and labor (§ 312g Abs. 2 Nr. 1 BGB).
• Once an order has been shipped, it cannot be canceled, but you may still exercise your right of withdrawal as outlined in section 1 (§ 355 Abs. 1 BGB).
• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights1.

12. Modification of In-Progress Orders

If you wish to modify an order that is still in progress, please contact our customer service team as soon as possible. The following conditions apply:

• Modifications can be requested if the order has not yet been shipped.
• For personalized or customized items, modifications can only be made if production has not yet started (§ 312g Abs. 2 Nr. 1 BGB).
• Any additional costs incurred due to the modification will be communicated to you. You will need to approve these costs before we proceed with the modification.
• Directive Reference: Article 16 of Directive 2011/83/EU on consumer rights1.

13. Cancellation of Shipped Orders

If you wish to cancel an order after it has been shipped, you can exercise your right of withdrawal within 14 days of receiving the goods. The following conditions apply:

• You will have to bear the direct cost of returning the goods. If the goods are faulty or not as described, we will bear the cost of return (§ 357 Sect. 6 BGB).
• We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest (§ 357 Sect. 4 BGB).
• Directive Reference: Article 14 of Directive 2011/83/EU on consumer rights1.

14. Damaged Goods

If you receive goods that are damaged, please contact our customer service team immediately. The following conditions apply:

• Notify us within 14 days of receiving the damaged goods. Provide your order number and details of the damage, along with any supporting evidence such as photos.
• We will arrange for the return of the damaged goods at no cost to you.
• Upon receiving the damaged goods, we will inspect them and, if the damage is confirmed, we will offer you a replacement of the same item or a full refund, including any shipping costs (§ 439 Sect. 2 BGB).

Demonstration of Liability: You need to provide evidence of the damage, such as photos or a detailed description. If the damage cannot be verified via email, the item may need to be returned for inspection.

• Directive Reference: Article 5 of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees1.

15. Return of Used Goods

If you wish to return goods after using them, please note the following conditions:

• Goods must be returned in their original condition (§ 357 Abs. 7 BGB).
• If the goods show signs of use beyond what is necessary to establish their nature, characteristics, and functioning, you may be liable for any diminished value (§ 357 Abs. 7 BGB).
• We will assess the condition of the returned goods. If the goods are found to be used beyond what is necessary to establish their nature, characteristics, and functioning, we may deduct an amount from your refund to cover the diminished value (§ 357 Abs. 7 BGB).

16. Return of Digital Goods or Services

If you wish to return digital goods or services, please note the following conditions:

• You have the right to withdraw from the purchase of digital goods or services within 14 days without giving any reason, provided that the download or streaming has not started (§ 356 Abs. 5 BGB).
• The right of withdrawal does not apply if you have started downloading or streaming the digital content and you agreed to lose your right of withdrawal by starting the performance (§ 356 Abs. 5 BGB).
• If the digital goods or services are faulty or not as described, you are entitled to request a repair, replacement, or a refund (§ 327u BGB).
• Demonstration of Liability: You need to provide evidence that the digital goods or services are faulty or not as described (§ 327u BGB).
• Article 9 et seg., Article 16(m) Directive 2011/83/EU on consumer rights
• Article 14, Article 11 Directive 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services

17. Return of Goods After the 14-Day Period

If you wish to return goods after the 14-day withdrawal period, the following conditions apply:

• Legal Guarantee: You are entitled to a two-year legal guarantee for new goods. If a product is defective, you can request repair, replacement, or a refund. This guarantee covers defects that were present at the time of delivery (§§ 437, 438 BGB).
• Repair or Replacement: If a defect becomes apparent within the first six months, it is presumed to have existed at the time of delivery unless we can prove otherwise. You can ask for the goods to be repaired or replaced free of charge (§ 477 BGB).
• Partial or Full Refund: If repair or replacement is not possible, you are entitled to a partial or full refund (§§ 437, 438 BGB).
• Article 5, Article 11, Article 13 Directive 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services

III. Salvatory Clause

If any provision of these trade policies is held to be invalid, illegal, or unenforceable by a competent court, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that reflects the original intent of the parties to the extent possible.