Terms and Conditions1. General conditions
1.1. These General Terms and Conditions (hereinafter: "T&C") apply to all contractual agreements (hereinafter: "Contract") of Kleinunternehmer Maryia Bakatsiuk (hereinafter: "Maramio") with buyers of Maramio products (hereinafter: "Buyer") and receivers of Maramio products (hereinafter: “Receiver”)
1.2. All offers and deliveries of the products offered by Maramio are made exclusively on the basis of these T&C, unless the parties have made any deviating regulations.
1.3. Deviating T&C apply only if this has been expressly confirmed in writing by Maramio before or when the contract was concluded.
1.4. The following terminology applies to these T&C:
“Buyer”, refers to a person or an organisational unit who places an order with Maramio;
“Receiver” refers to a person who receives the goods from the Supplier or the Independent seller;
“Supplier” refers to the actual seller or sender of goods;
“Independent seller” refers to the sellers of any goods presented on their own website including alcohol;
“Logistic company” refers to a company, which plan and control the movement and storage of goods.
For this Agreement to both Buyer and Maramio are referred to individually as “Party”, and collectively as “Parties” or “Us”
1.5. The Buyer under this Agreement understands that Maramio does not produce or own any goods, presented on its website, or customization machines and is not a distributor of goods, including, but not limited to, alcohol products. All product and brand names mentioned on this Website are trademarks of their respective owners.
The Buyer hereby accepts that Maramio does not pursue the activities of selling or/and distributing for the purpose of reaching goods for the Buyer and Receiver or/ and its customization.
The Buyer hereby accepts such appointment of Maramio as facilitating agent for the purpose of this Agreement.
1.6. The Buyer agrees that Maramio has the right to cooperate with third parties (suppliers, logistic companies, production companies, shipping providers, warehouse centres, independent sellers etc.) and to share with them required information about the Buyer and the Receiver in order to fulfill its obligations.
2.1. The offers from Maramio are always subject to change and non-binding, in particular the presentation of the goods in the online portal and / or other media does not constitute a binding offer on the part of Maramio.
2.2. When the contractual products are presented in the online portal, there may be slight deviations in particular in terms of color due to the technically required display options, which - provided these are reasonable for the Buyer and the Receiver - do not constitute a material defect.
2.3. Size information on the website is to be understood as approximate information and may be subject to errors and changes without prior notice. Material, color, design, technical condition, packaging of individual items as well as the size and a type of packaging is a subject to change.
3.1. All orders, whether initial or additional, are subject to acceptance by and shall only become effective upon confirmation by Maramio.
3.2. Maramio is fundamentally not obliged to accept orders.
3.3. Orders can be placed in any form, in particular via our website, by e-mail or by phone. and must be confirmed in writing by e-mail by Maramio. All orders must be confirmed by Maramio. An automatic confirmation sent by Maramio after receipt of an order does not yet represent an acceptance of the order.
3.4. With the order, the Buyer accepts the sales, delivery and payment conditions of Maramio. Any ineffectiveness of individual conditions does not affect the effectiveness of the sales contract’s other conditions.
3.5. If the Buyer cancels or changes the order after the order confirmation has been issued, all costs incurred by Maramio must be borne.
3.6. Maramio shall not be responsible for total or partial failure to perform its obligation hereunder if that failure was caused by circumstances of force majeure that arise after the signing of the Agreement, including, but not limited to, public enemy, fires, floods, epidemics, strikes, embargoes, severe weather, war, operational interruptions or delays of supply due to such causes.
4. Prices and terms of payments4.1. The prices stated on the website for the contractual products apply, unless otherwise specified on the product page. This price does include the price for default customization but not the logistics costs.
4.3. The Buyer will be informed of the selectable payment methods during the ordering process. Payment methods other than those offered are only valid with the express and written consent of Maramio.
4.4. Payments should be made by the date on the invoice.
4.5. Maramio has the right to request a deposit for goods that require customization.
4.6. In the case of an error in the price of ordered goods, Maramio will inform the Buyer as soon as possible and give the option of reconfirming the order at the correct price or cancelling it. If Maramio is unable to contact the Buyer, it will treat the order as cancelled. If the Buyer cancels and has already paid for the goods, it will receive a full refund.
4.7. Maramio has the right to increase the price of the goods in order to reflect any increase in value for Maramio, related to any factor beyond the control of Maramio (e.g., unrestricted, any currency fluctuation, currency regulations, changes in duties, significant increases in labour, material or other production costs) or any change in the delivery time, quantity or technical characteristics of the goods requested by the Buyer or the Buyer’s refusal to provide Maramio with adequate information or instructions. It is the obligation of Maramio to inform the Buyer about this at any time before delivery in writing.
5. Product customization
5.1. All printing mockups must be confirmed by email.
5.2. The confirmation of the printing mockups or the approval of samples by the Buyer shall be deemed to be a confirmation and approval with a regard to size, arrangement and color.
5.3. The logo or brand graphics to be attached to the order must be in a vectorial format in order to be processed.
5.4. The estimated production times for items with finishing for which the printing mockup has been approved will be communicated by email.
5.5. In the case of pre-production samples, the price for the pre-sample is calculated in addition to the individualization prices specified in the price list.
5.6. Maramio cannot guarantee the exact Pantone color reference, especially when printing on objects or surfaces that are not white.
5.7. The risk of any errors in the print products as a result of incorrect print data is borne solely by the Buyer. If additional costs arise due to the incorrectness of the print data, these are to be borne by the Buyer.
5.8. The Buyer is obliged to cooperate within the scope of this service offered by Maramio in order to achieve the timely completion of the design.
6. Fulfillment and delivery
6.2. The estimated delivery times are not binding as the dispatch is carried out by third parties.
6.3. The estimated logistic costs for website orders are purely indicative and can be changed. The final logistic cost will be indicated in the invoice.
6.4. All dates and / or deadlines for handover / delivery always refer to the point in time at which the contractual products are handed over to the Buyer and / or the Receiver specified when the contract was concluded.
6.5.In a case, the Buyer or the Receiver provide Maramio with an incorrect delivery address or an order is signed for by the third party, or if the intended recipient is no longer resident or employed at the specified delivery location, Maramio cannot be responsible for any losses which may incur as a result, for example, theft of the products.
7.Complains and returns
7.1. There is no right of withdrawal for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the Buyer and/ or the Receiver is decisive or which are clearly tailored to the personal needs of the Buyer or/and the Receiver. Insofar as the print products are produced according to the Buyer or/and the Receiver specifications, there is therefore no statutory right of withdrawal. A contractual right of withdrawal is not granted.
7.2. Complaints will only be accepted in the case of incomplete orders - with a difference of more than 1% in relation to the complete order - incorrect or damaged goods, if they are received within 5 working days after delivery date. After this period the order is considered accepted. In the event of an incomplete order, Maramio can send the Buyer or/and the Receiver the missing goods under the same delivery conditions as the original order.
7.3. The Buyer and the Receiver may not reject a delivery due to minor defects.
7.4. Complaints regarding transport damage will only be accepted if they are documented on the delivery note of the transport company. The Buyer and the Receiver are responsible to check the goods when they are delivered.
7.5. Complaints about late deliveries of customized goods will not be accepted unless the delay exceeds 48 hours in relation to the confirmation of the printing mockup.
7.6. In the process of delivering goods from the Buyer to the Receiver, the Buyer guarantees the professional and / or legally prescribed handling and / or storage of the delivered goods. In particular, the Buyer will ensure that the delivered goods are protected from damage, loss, spoilage and / or loss of marketability / usability, for example through elementary environmental influences (heat, water, fire, etc.) and human interference.
8. Final Provisions
8.1. The Buyer guarantees that the content and materials that are sent to Maramio do not violate any copyrights, trademarks or other property rights of third parties, general personal rights or other rights of third parties.
8.2. The Buyer declares that he is in possession of the copying and reproduction rights of the submitted data.
8.3. In the event of liability, Maramio's liability is limited to the amount of damage that is foreseeable and typical for the contract depending on the type of transaction at the time the transaction was concluded. The Buyer agrees that Maramio is not liable for any of mistakes/ delays occurring within the case with participation of the third parties, including, but not limited to logistic companies.
Maramio in no way shall be liable for any special, indirect or consequential damages of any kind, including, without limitation, lost profits or damages resulting from the use of or reliance upon any information provided on this website.
8.4. To exercise your right of withdrawal, you must contact us (Maramio Inh. Maryia Bakatsiuk, Stargarder Str. 29, 10437 Berlin, Germany, phone: +49 (0) 151 61652467, email: email@example.com) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
8.5. Relations between the contracting parties are governed by the law of the Federal Republic of Germany, subject to any mandatory foreign and / or European legal provisions.
8.6. If the Buyer is a legal entity under public law or a special fund under public law, Berlin is the place of performance and the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationships between the Buyer and Maramio.
8.7. Should one or more provisions of these terms and conditions be wholly or partially ineffective, the validity of the remaining provisions remains unaffected.
8.8. Maramio is obliged to inform the Buyer that the European Commission has an online platform available for online dispute resolution. This can be found at https://ec.europa.eu/consumers/odr. The email address provided by Maramio for this purpose is firstname.lastname@example.org Maramio is neither willing nor obliged to participate in a dispute settlement procedure in this regard.
8.9. Bilateral obligations established by this Agreement are arising only for Maramio and the Buyer. The agreement with third parties, including, but not limited to, suppliers, logistic companies, production companies, shipping providers, warehouse centres, independent sellers, concerning this Agreement should be reached in an additional contract.