1. Area of applicability
This online shop under the URL, http://www.watercult.com and the related services (call center, app) (collectively, ”Online Shop”), is operated by maryan beachwear retail GmbH, Gewerbestrasse 1, Industriegebiet Steinmatt, 79725 Laufenburg (”maryan”).
These general terms and conditions of business (“TCs”) apply to all orders made through our Online Shop.
2. Shipping costs
Shipping costs are charged in addition to the prices of the products stated in our Online Shop. We charge shipping costs depending on the country.
France, Italy, Belgium, Netherland, Luxembourg, € 9,95
Spain, Portugal € 12,95
Greece, Malta, Cyprus, Ireland, Finland, Estonia, Lithuania, Slovenia, Slovakia € 14,95
3. Registration for the Online Shop
a) You may at your own option create a customer account for the use of the Online Shop or place an order as a guest. As a guest, your order data will be blocked after the settlement of your order and will only be used to clarify warranty claims (if any) or for other purposes provided by the law.
b) Your registration as a customer in our Online Shop is free of charge. To register, you must provide the salutation, your first and last name, an email address and a password. Thereafter, you will receive an email with a confirmation link. The account will not be activated before the confirmation link is clicked. maryan will confirm the setup of the customer account to you by email. In your customer account, you can deposit data regarding your means of payment as well as invoice and shipping addresses. In addition, your orders from the customer account will be saved for a period of one year.
c) Should your data change, please update them in your account. Please note that any changes to the delivery address in your account after the receipt by maryan of the order will not be considered. Should you wish to change your delivery address regarding an existing order, please contact us over the phone.
d) You may terminate your registration with maryan at any time. maryan may terminate your account at four weeks' notice. The right to terminate without notice for good cause remains unaffected.
4. Conclusion of contracts
a) The Online Shop of maryan is merely a sales prospectus. By displaying the products on the websites, we merely ask customers to submit an offer (order). By clicking the button, “Buy Now”, you will submit an offer for the conclusion of a sale and purchase agreement. Thereupon, maryan will confirm the receipt of your order by email. That email does not constitute an acceptance of the offer.
b) A sale and purchase agreement will only be concluded if we send you an order confirmation by email or send the products to you within 14 days from the receipt of the order.
c) The order process in our Online Shop consists of four steps. In the first step, you select the desired product. In the second step, you enter your customer data including the invoice address and, if applicable, a different delivery address. If you have already registered as a customer, the data entered in your registration will automatically be used if you have logged in into the Online Shop. In the third step, you opt for the means of payment. In the last step. you can check all details (e.g., name, address, means of payment, ordered products) once more and correct them, if applicable, before sending us your order by clicking the button, “Buy Now”. In the case of incorrect entries of the data during the order process, or if you have not filled in a mandatory field, a corresponding error message with a request for correction will be displayed.
d) We only sell products to persons of full age.
5. Instructions on the right of revocation
Right of revocation for consumers pursuant to § 13 German Civil Code
You have the right to revoke this contract within 14 days without stating reasons. The revocation period is 14 days from the day on which you, or a third party named by you who is not the carrier, took possession of the last product, and the last parcel delivery in the event of a delivery of products in several partial deliveries.
To exercise your right of revocation, you must inform us at
maryan beachwear retail GmbH
by an unambiguous declaration (for example, a letter sent by mail, a fax or an email) of your decision to revoke the contract. Therefore, you can use the attached sample revocation form, which is, however, not required.
To observe the time limit for a revocation, it will be sufficient if you send the notification regarding the exercise of the right of revocation before the expiry of the time limit for a revocation.
Consequences of a revocation
If you revoke this contract, we will be required to repay to you all payments received by us from you, including the shipping costs (except the additional costs which result from the fact that you have selected a different type of delivery than the cheapest standard delivery offered by us), without undue delay, and within 14 days from the day on which we have received the notification regarding your revocation of this contract, at the latest. For that repayment, we will use the same means of payment as was used by you in the original transaction, unless expressly otherwise agreed with you; no fees will be charged to you as a result of that repayment.
We may refuse the repayment until the earlier of the time when the product has been returned to us, or the time when you have furnished evidence that you have returned the product. You must return or deliver the product to us without undue delay, and within 14 days from the day on which you have notified us of the revocation of this contract, at the latest. The time limit will be observed if you send the product before the expiry of the time limit of 14 days.
We will bear the costs of the return shipment of the product. You will only be required to pay a loss in value (if any) of the product if such loss in value is attributable to the handling of the product by you which was not necessary to check the quality, characteristics and functionality of the product.
Sample revocation form
Please click below to download and print the sample revocation form as a PDF:
6. Delivery times
The statutory warranty conditions under German law apply. Excepted from the warranty is any damage attributable to natural wear and tear, improper use and insufficient or incorrect care.
In the event of a warranty claim, please contact:
maryan beachwear retail GmbH
7. Retention of title
maryan retains title to the products until the full payment.
We will be liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, we will only be liable for a breach of a material contractual duty. “Material contractual duties” means duties which render the proper performance of the contract possible in the first place in accordance with its intent and purpose and on the compliance with which you may regularly rely. In the event of a liability for slight negligence, such liability will be limited to the damage which is foreseeable, or typical, upon the conclusion of the contract. A liability based on a violation of life, body or health, as well as a liability regardless of fault, for example, under the German Product Liability Act, remain unaffected. To the extent that a liability of maryan is excluded or limited, this will also apply to the personal liability on the part of the employees, legal representatives and agents of maryan. In addition, any limitation of liability also applies to all legal (including tortious) and contractual claims which result from the use of the Online Shop, or this contract.
All prices stated include the statutory VAT from time to time.
10. Terms of payment
You can pay the purchased products at your own option by credit card, PayPal and iDEAL (only for The Netherlands). We reserve the right to exclude specific forms of payment in an individual case.
Your credit card account will be debited upon the completion of the order.
11. Return shipment of products
Please package the products which you wish to return completely, and including any accessories. To avoid transport damage, we recommend that you use the original maryan packaging.
12. Data privacy
Please click here for important information regarding data privacy.
13. Information for consumers regarding an out-of-court resolution of conflicts
The platform of the EU commission regarding online dispute resolution is available at the following link: http://ec.europa.eu/consumers/odr/
While maryan is neither willing nor obliged to participate in a dispute resolution procedure with consumers before a conciliation board, maryan will, however, use its best endeavors to resolve any dispute in a speedy manner to avoid judicial measures.
14. Final provisions
All contracts are governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Sales Convention (CISG).
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes from the contractual relationship will be the corporate seat of maryan. The order data and the TCs applicable from time to time will be stored by maryan. You can access your order data and the TCs through the order confirmation email sent to you, and you can access the order data alone (without the TCs) through your customer account.