Terms and conditions

General Terms and Conditions of marbledworks GmbH – as of 27th of April 2023.

1) Scope
a) These General Terms and Conditions of marbledworks GmbH, Clemensstrasse 26, 80803 Munich, info@marbledworks.com, telephone number: +49151224480, represented by the managing directors Mr. Maximilian Huber and Mr. Dominic Kim (hereinafter: „MARBLEDWORKS“) shall apply exclusively to contracts with MARBLEDWORKS via the internet as well as via the offline shop and the Customer.
b) The current version at the time of the conclusion of the contract shall apply.
c) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
d) The Customer’s Terms and Conditions shall not apply, even if MARBLEDWORKS does not separately object to their validity in individual cases.

2) Conclusion of contract on the Internet/ in the offline shop
a) The Customer can select and order the goods on the Internet. With the order, he makes a binding offer to purchase the goods. The contract shall only be concluded by the submission of the declaration of acceptance by MARBLEDWORKS, which shall be sent by e-mail (order confirmation). MARBLEDWORKS is not obliged to accept the Customer’s offer.
b) The offer of MARBLEDWORKS in the Offline Shop does not constitute a binding offer to conclude a contract. The Customer can make a binding offer at the checkout in the offline shop. The acceptance of the offer is made by MARBLEDWORKS at the checkout. MARBLEDWORKS is not obliged to accept the offer of the Customer.

3) Planning service
a) MARBLEDWORKS offers Customers the creation of an individual planning service. For the creation of an individual planning service, the Customer shall provide MARBLEDWORKS with all necessary, required and suitable information, texts or data. MARBLEDWORKS may submit a binding offer to the Customer after receiving the necessary information. The Customer may accept the offer within a period of 14 days after receipt of the offer by submitting a declaration of acceptance. MARBLEDWORKS is not obliged to make an offer.
b) MARBLEDWORKS reserves the right not to adhere to the Customer’s specifications if they are not technically feasible. MARBLEDWORKS does not check whether the planning service is reasonable without a special order. MARBLEDWORKS has the right to determine the specifications for the files, texts and information. The Customer assures MARBLEDWORKS that the Customer has sole rights of use for the information provided. The Customer is obliged not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. The Customer expressly indemnifies MARBLEDWORKS against all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context. MARBLEDWORKS does not check the transmitted data for correctness of content and in this respect assumes no liability for errors. If agreed, the Customer shall receive a correction draft from MARBLEDWORKS, which is to be checked by the Customer without delay. The Customer agrees to the planning draft by releasing the correction draft for execution by countersignature in text form (e.g. e-mail). The planning service shall not be carried out and the goods shall not be manufactured without the Customer’s approval.
c) The Customer is responsible for checking the correction template for accuracy and completeness and notifying MARBLEDWORKS of any errors. MARBLEDWORKS does not assume any liability for non-complained errors.
d) MARBLEDWORKS reserves all property rights and copyrights to information, texts and data necessary and required for the preparation of the individual planning service, in particular to cost estimates, drawings, illustrations, sketches and other documents and samples as well as to the planning drafts and correction templates – whether in paper form or in electronic form; the documents are to be returned at the request of MARBLEDWORKS and may not be made accessible to third parties, not even as copies.
e) Only MARBLEDWORKS is the creator of the results and the planning drafts of the individual planning service. MARBLEDWORKS shall transfer the simple and non-exclusive right of use to the Customer for the results and planning drafts of the individual planning service provided by MARBLEDWORKS after full payment of the individual planning service. The contractual use includes, unless otherwise agreed, to use the result of the individual planning service in the permitted manner.
f) Commercial use, in particular commercial distribution, reproduction or copying, is not permitted.
g) If the Customer violates any of the above provisions, all rights of use granted under this contract shall immediately become invalid and shall revert to MARBLEDWOKS. MARBLEDWORKS reserves the right to assert any claims for damages.

4) Delivery, availability of goods
a) Unless otherwise agreed in the individual case, the goods are always delivered against advance payment by dispatch/transport courier.
b) Delivery times stated by MARBLEDWORKS are calculated from the time of the order confirmation by MARBLEDWORKS, subject to prior payment of the purchase price. If no or no deviating delivery time is stated on the Internet for the respective goods, it shall be 60 days.
c) In the event of non-compliance with delivery deadlines due to temporary obstacles to performance caused by force majeure (e.g. war, civil unrest, natural disasters) or similar events (e.g. strike or lockout), the deadlines shall be extended by the period corresponding to the obstacle(s) to performance.
d) The Customer is obliged to take all precautions to ensure that unhindered access is guaranteed and that unloading is possible at the agreed time. Additional costs incurred due to obstruction and delay shall always be borne by the Customer. The Customer warrants that he has provided the complete and correct delivery address. If additional shipping costs are incurred due to incorrect address information, the Customer is obliged to reimburse these. The Customer shall be responsible for transporting the delivered goods to the storage location or place of use and for setting them up. The disposal or other use of the packaging is the responsibility of the Customer.
e) In the event of urgent dispatch outside the usual tours, any higher freight rates shall be borne by the Customer. The delivery from the warehouse is always carriage forward from the warehouse.
f) If at the time of the Customer’s order no copies of the goods selected by him are available, MARBLEDWORKS shall inform the Customer of this immediately in the order confirmation. If the goods are permanently not available, MARBLEDWORKS shall refrain from issuing a declaration of acceptance. A contract shall not be concluded in this case.
g) If the goods designated by the Customer in the order are only temporarily unavailable, MARBLEDWORKS shall also inform the Customer of this immediately in the order confirmation.

5) Retention of title
a) The delivered goods remain the property of MARBLEDWORKS until payment has been made in full.
b) If the Customer is an entrepreneur, he may process and sell the goods delivered under retention of title within the scope of his business operations or consume them for the provision of a delivery and service. In the event of the sale or consumption for the provision of a delivery and/or service with the goods delivered under retention of title, the contracting parties agree that the Customer assigns his claims from the resale or the provision of the delivery and service to MARBLEDWORKS in advance, namely to the end user(s) who accepts such assignment.

6) Prices and shipping costs, transfer of risk
a) All prices stated on the MARBLEDWORKS website are inclusive of the applicable statutory value added tax.
b) The corresponding shipping or courier costs plus packaging costs shall be borne by the Customer unless the Customer makes use of his right of revocation.
c) If the goods cannot be delivered on the agreed date for reasons for which the Customer is responsible, MARBLEDWORKS will charge the Customer the costs of a new delivery and, if applicable, the costs of storage from the date of the unsuccessful delivery. The new delivery is also subject to a charge if the first delivery was made free of charge for the Customer. If the delivery is only possible at additional cost, MARBLEDWORKS shall inform the Customer of these costs. With the agreement of the Customer MARBLEDWORKS will then carry out this delivery. It remains open to the Customer to prove that MARBLEDWORKS has incurred no or only minor expenses.
d) If the Customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the sold goods shall pass to the respective carrier or a person authorised to receive the goods when the goods are handed over to the carrier. In the case of consumers, the risk of accidental loss and/or accidental deterioration of the goods sold shall pass to the consumer when the goods are handed over to the consumer. If the Customer is in default of acceptance, the risk shall pass to the Customer in the same way as if the handover had taken place.
e) In the event of a revocation, the Customer shall bear the direct costs of the return shipment.

7) Transport damage
a) 7) only applies if the Customer is an entrepreneur and the conclusion of the contract on behalf of Customers is part of his business and commercial activity.
b) Deliveries are to be checked in the presence of the supplier. In the event of externally recognisable transport damage, the Customer is obliged to note this on the shipping documents and have it acknowledged by the delivery person; the packaging must be retained.
c) If the (partial) loss or damage was not externally recognisable upon acceptance, the Customer is requested to inform MARBLEDWORKS immediately, but at the latest within 7 days of becoming aware of the loss or damage.
d) The Customer shall support MARBLEDWORKS to the best of its ability insofar as MARBLEDWORKS asserts claims against the respective transport company or asserts claims via transport insurance.

8) Payment modalities
a) The Customer can pay by direct debit, credit card, cash on delivery or on account. Payment on account is only possible for new Customers for their first order up to an order value of EUR 100.
b) The Customer can change the payment method stored in his user account at any time.
c) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer shall already be in default by missing the deadline. In this case the Customer shall pay MARBLEDWORKS interest on arrears for the year in the amount of 5 percentage points above the base interest rate.
d) The obligation of the Customer to pay interest on arrears does not preclude MARBLEDWORKS from claiming further damages due to arrears.

9) Warranty for material defects, guarantee
a) MARBLEDWORKS shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period is 2 years from delivery, provided the goods are new. For entrepreneurs, the warranty period for goods delivered by MARBLEDWORKS is 12 months.
b) For initial material defects, the Customer shall be entitled to the statutory warranty rights against MARBLEDWORKS. The Customer shall initially have a claim to fulfilment of the claim for subsequent performance or rectification. However, MARBLEDWORKS reserves the right, at its discretion, to reduce the order or to withdraw from the contract; any claims for damages shall remain unaffected by the above provision.
c) In the context of subsequent performance, the consumer has the choice of whether subsequent performance is to be effected by rectification (repair of the goods) or by replacement delivery of the goods. The Customer is obliged to make the rejected goods available to MARBLEDWORKS for inspection.
d) In the case of entrepreneurs, MARBLEDWORKS shall decide at its own discretion whether the warranty for defects in the goods shall be provided by rectification or replacement delivery. For entrepreneurs, obvious defects must be notified in writing within a period of 10 days after receipt of the goods; otherwise the assertion of the warranty claim is forfeited. Timely dispatch of the notice of defect shall be sufficient to meet the deadline.
e) If the rectification or replacement delivery has been carried out successfully, all claims of the Customer shall be settled with reimbursement of the necessary costs incurred by him. Claims by the Customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded insofar as the expenses increase because the delivery item has subsequently been taken to a place other than the place of delivery or the Customer’s branch office.
f) Replacement deliveries shall only be made concurrently with the return of the original delivery. If this is not possible for the Customer, he shall be obliged to pay compensation for the value of the goods instead of returning them. Furthermore, the Customer is obliged to surrender any benefits.
g) MARBLEDWORKS‘ goods are made from organic materials and for this reason each piece is unique in its colour and appearance. The grain and colour may vary from piece to piece. Therefore, a defect does not exist in the case of technically justified deviations in the dimensions or shape, deviations in the foil colour, textile colour or the colour of the grain of the natural stone material or in the case of insignificant deviations.
h) If MARBLEDWORKS is not willing or able to rectify the defect or deliver a replacement, or if this is delayed beyond reasonable time limits for reasons for which MARBLEDWORKS is responsible, or if the rectification persistently fails, the Customer shall be entitled, at his discretion, to withdraw from the contract or to demand a reduction of the price (abatement). Returns may only be made with the prior written consent of MARBLEDWORKS.
i) The following are excluded from the warranty: natural wear and tear, improper handling (e.g. installation in damp rooms or rooms with extreme temperature fluctuations, improper cleaning and operation, wilful damage, etc.), exposure to light, excessive stress, unsuitable operating materials, defective construction work, unsuitable building ground, other special external influences or modifications by third parties.
j) The Customer guarantees that installations, modifications and conversions will only be carried out by qualified personnel.
k) References to earlier versions are only to be understood as references to models and functions. They do not give the Customer the right to demand specific technical and formal details from previous performances or to object to the delivery because of the use of other materials.
l) Statutory rights of recourse of the Customer against MARBLEDWORKS shall only exist insofar as the Customer has not entered into any agreements with its Customer that go beyond the statutory claims for defects.
m) An additional guarantee exists for the goods delivered by MARBLEDWORKS only if this was expressly given in the order confirmation for the respective goods.

10) Assembly work
a) The Customer undertakes to ensure that construction work progresses appropriately, to keep the necessary accesses free, to keep the lifts functional and ready for operation and to make them available to MARBLEDWORKS free of charge. The electricity required for the assembly shall be provided by the Customer in the assembly room free of charge. Additional costs incurred due to hindrance or delay shall always be borne by the Customer.
b) After completion of the installation, the rooms are to be handed over in a swept clean condition, provided that no outside companies were present.
c) If no one appears at the agreed time of acceptance or if acceptance is refused without reason, acceptance shall be deemed to have been correctly carried out, even if no countersignature of the acceptance protocol has taken place.

11) Liability
a) Claims of the Customer for damages are excluded. Excluded from this are claims for damages by the Customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by MARBLEDWORKS, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
b) In the event of a breach of material contractual obligations, MARBLEDWORKS shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the Customer arising from injury to life, limb or health.
c) The restrictions of paragraphs a) and b) shall also apply in favour of the legal representatives and vicarious agents of MARBLEDWORKS if claims are asserted directly against them.
d) The limitations of liability resulting from paragraphs a) and b) shall not apply insofar as MARBLEDWORKS has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same shall apply insofar as MARBLEDWORKS and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
e) If the Customer is a consumer and liability is excluded or limited in the states or jurisdictions for damages, consequential damages or incidental damages, MARBLEDWORKS‘ liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
f) In no event shall MARBLEDWORKS, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based in contract, tort, including negligence, strict liability or otherwise, arising out of the use of the website service or any goods procured through the website service, or for any other claim relating in any way to the use of the website service or any goods, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the website service, any content or goods posted, transmitted or otherwise made available through the website service, even if advised of the possibility thereof.

12) Compensation
The Customer agrees to indemnify, defend and hold harmless MARBLEDWORKS and, as applicable, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys‘ fees, made by any third-party due to or arising out of Customer’s breach of these Terms and Conditions, the law or the rights of a third-party.

13) Conditions on the website

TERMS OF USE

a) By agreeing to these Terms and Conditions, Customer represents and warrants that Customer is at least the age of majority in the state in which Customer resides, or that Customer is of legal age in the state in which Customer resides and MARBLEDWORKS has given its consent for Customer’s minor dependents to use this website. The Customer shall not use MARBLEDWORKS‘ goods for any illegal or unauthorised purpose, and the Customer shall not violate any laws (including, without limitation, copyright laws) applicable in the Customer’s country of residence when using the service on this website.
b) The Customer must not transmit worms or viruses or other codes of a destructive nature. Violation of any of the conditions will result in immediate termination of the services on this website.
c) The services, goods and the service on MARBLEDWORKS‘ website provided to the Customer are provided „as is“ and „as available“ for use, except as expressly stated by MARBLEDWORKS, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

a) MARBLEDWORKS accepts no responsibility if the information provided on this website is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.
b) This website may contain certain historical information. Historical information is necessarily not current and is provided for the Customer’s information only. MARBLEDWORKS reserves the right to change the content of this website at any time, but is under no obligation to update the information on the website. The Customer agrees that it is their responsibility to keep track of any changes to this website.
c) MARBLEDWORKS does not warrant, represent or guarantee that the use of the service will be uninterrupted, timely, secure or error-free.
d) The Customer expressly agrees that the use of the service or the inability to use the service is at the Customer’s own risk.
e) MARBLEDWORKS does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

CHANGES TO THE SERVICE AND PRICES

a) The prices of MARBLEDWORKS‘ goods are subject to change without notice. MARBLEDWORKS reserves the right to modify or discontinue the services (or any part or content thereof) at any time without notice.
b) MARBLEDWORKS shall not be liable to the Customer or any third party for any modification, price change, suspension or discontinuance of service on this website.

GOODS OR OTHER SERVICES

a) Certain goods or other services may only be available online through the website. These goods or services may only be available in limited quantities and may only be returned or exchanged in accordance with MARBLEDWORKS‘ return policy.
b) MARBLEDWORKS endeavours to display the colours and images of the goods that appear on the internet as accurately as possible. MARBLEDWORKS cannot guarantee that the colours will be correctly displayed on the Customer’s computer screen. The Customer must note that MARBLEDWORKS‘ goods are made from organic materials and for this reason each piece is unique in its colour and appearance. The grain and colour may vary from piece to piece.
c) MARBLEDWORKS reserves the right to restrict the sale of the goods or individual planning services to a particular person, geographical region or jurisdiction. MARBLEDWORKS may exercise this right on a case-by-case basis. MARBDWORKS reserves the right to limit the quantities of goods or custom design services offered. All descriptions of goods or prices of goods are subject to change by MARBLEDWORKS at any time without notice and at its sole discretion. MARBLEDWORKS reserves the right to discontinue any goods at any time. Any offer for a good or custom design service made on this website will be void once prohibited.
d) MARBLEDWORKS does not warrant that the quality of any goods purchased or received by the Customer, custom design service, information or other materials will meet the Customer’s expectations or that any errors in the service will be corrected.

CORRECTNESS OF BILLING AND ACCOUNT INFORMATION

a) MARBLEDWORKS reserves the right to refuse any order placed with MARBLEDWORKS by the Customer. MARBLEDWORKS may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These limits may also apply to orders placed from the same Customer account or with the same credit card, and/or to orders attributable to the same billing and/or shipping address. In the event MARBLEDWORKS modifies or cancels an order, MARBLEDWORKS will attempt to notify the Customer via the email address and/or billing address/phone number provided with the order. MARBLEDWORKS reserves the right to restrict or prohibit orders that MARBLEDWORKS, in its sole judgment, believes have been placed or suspects have been placed by dealers, resellers or distributors.
b) The Customer is required to provide current, complete and accurate purchase and account information for all purchases made on the MARBLEDWORKS website. The Customer shall promptly update their account and other information, including their email address and credit card numbers, and their expiry dates, so that MARBLEDWORKS can complete the Customer’s transactions and contact the Customer if necessary.

OPTIONAL TOOLS

a) MARBLEDWORKS may provide the Customer with access to third party tools that MARBLEDWORKS does not monitor or control or over which MARBLEDWORKS has any influence.
b) The Customer acknowledges and agrees that MARBLEDWORKS provides access to such tools „as is“ and „as available“ without warranties, representations or conditions of any kind and without endorsement of any kind. MARBLEDWORKS assumes no liability arising out of or related to the use of any optional third party tools.
c) Any use of optional tools offered through the website is at the Customer’s own risk and discretion and the Customer should ensure that it is familiar with and accepts the terms on which the tools are provided by the relevant third party providers.
d) MARBLEDWORKS may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services will also be subject to the terms and conditions set forth herein.

LINKS TO THIRD PARTY PROVIDERS

a) Certain content, goods and services available through the MARBLEDWORKS website may contain materials from third parties.
b) Third party links on this website may take the Customer to third party websites that are not affiliated with MARBLEDWORKS. MARBLEDWORKS is not responsible for verifying or evaluating the content or accuracy thereof, and MARBLEDWORKS does not warrant or assume any liability or responsibility for any third party materials or websites or for any other third party materials, goods or services.
c) MARBLEDWORKS shall not be liable for any damages in connection with the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Customer must carefully read and make sure Customer understands the policies and practices of third parties before Customer enters into any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party.

USER COMMENTS, FEEDBACK, DOCUMENT SAMPLES AND OTHER SUBMISSIONS

a) If the Customer, in response to MARBLEDWORKS’s solicitation, submits specific entries (e.g., contest entries) or, without solicitation, submits creative ideas, suggestions, proposals, plans or other materials online, by e-mail, by mail or otherwise (collectively, „Comments“), the Customer agrees that MARBLEDWORKS may edit, copy, publish, distribute, translate and otherwise use in any medium, at any time and without limitation, the Comments that the Customer submits to MARBLEDWORKS. MARBLEDWORKS is under no obligation to keep any Comments confidential, to pay any remuneration for any Comments or to respond to any Comments.
b) MARBLEDWORKS has the right, but not the obligation, to monitor, edit or remove any content that in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes the intellectual property rights of any party or these Terms of Use.
c) Customer agrees that its Comments do not infringe any third party rights, including copyrights, trademark rights, privacy rights, rights of publicity or other personal rights or proprietary rights. Customer further agrees that its Comments will not contain any defamatory or otherwise unlawful, offensive or obscene material or any computer viruses or other malware that may in any way interfere with the operation of the service or any related website. The Customer is not permitted to use a false email address, impersonate anyone else or mislead MARBLEDWORKS or any third party as to the origin of any Comments. The Customer bears sole responsibility for the Comments he or she submits and their accuracy. MARBLEDWORKS accepts no responsibility or liability for Comments posted by the Customer or third parties.
d) MARBLEDWORKS reserves all property rights and copyrights to cost estimates, drawings, illustrations, sketches and other documents and samples – whether in paper or electronic form; the documents must be returned on request and may not be made accessible to third parties, not even as copies.
e) With the order, the Customer assures, assuming liability, that no rights of third parties are infringed by a production prescribed by him (in particular in the case of custom-made products according to the Customer’s drawing). If a claim is made against MARBLEDWORKS by a third party in this respect, the Customer shall be obliged to indemnify MARBLEDWORKS against these claims on first demand. The indemnity obligation refers to all expenses necessarily incurred by MARBLEDWORKS from or in connection with the claim by a third party.
f) Unless otherwise agreed, samples must be returned or purchased within one month. Samples for custom-made products must be purchased by the Customer. They are excluded from exchange.

ERRORS, INACCURACIES AND OMISSIONS

a) Occasionally, information on MARBLEDWORKS‘ website or the service may contain typographical errors, inaccuracies or omissions, which may relate to merchandise descriptions, prices, promotions, offers, merchandise shipping costs, transit times and availability. MARBLEDWORKS reserves the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information on the service or any related website is inaccurate, at any time and without notice (including after the Customer has placed the order).
b) MARBLEDWORKS is under no obligation to update, change or clarify any information in the service or on any related website, including, but not limited to, pricing information, unless required to do so by law. The inclusion of an update or refresh date on the service or on any related website is not to be taken as an indication that all information on the service or on any related website has been changed or updated.

PROHIBITED USES

In addition to any other prohibitions set forth herein, Customer is prohibited from using the Site or its Content for any unlawful purpose, to solicit others to perform or participate in any unlawful activity, to violate any international, state or federal regulation, rule, law or local ordinance, to infringe or violate MARBLEDWORKS‘ intellectual property rights or the intellectual property rights of others, to harass, abuse, abuse, violate, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability, and to transmit false or misleading information. Uploading or transmitting viruses or any other type of malicious code that in any way interferes or may interfere with the functionality or operation of the service or any related website, other websites or the Internet, collecting or tracking the personal information of others, for spamming, phishing, pharming, spidering, crawling or scraping, for obscene or immoral purposes, or to compromise or circumvent the security features of the service or any related website, other websites or the Internet is prohibited. MARBLEDWORKS reserves the right to terminate the Customer’s use of the service or any related website if the Customer violates any of the prohibited uses.

15) Cancellation policy

a) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, which MARBLEDWORKS informs about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph b). Paragraph c) contains a model withdrawal form.

Cancellation policy

Right of withdrawal

The Customer has the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which the Customer or a third party named by him who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, the Customer must inform MARBLEDWORKS by means of a clear declaration (e.g. a letter or e-mail sent by post) of their decision to withdraw from this contract. The Customer may use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If the Customer cancels this contract, MARBLEDWORKS must reimburse the Customer for all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the inexpensive standard delivery offered by MARBLEDWORKS), without delay and at the latest within fourteen days of the day on which MARBLEDWORKS receives notification of the Customer’s cancellation of this contract. For this repayment, MARBLEDWORKS shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall the Customer be charged any fees due to this repayment.
MARBLEDWORKS may refuse repayment until MARBLEDWORKS has received the goods back or until the Customer has provided proof that he has returned the goods, whichever is the earlier.
The Customer must return or hand over the goods to MARBLEDWORKS without delay and in any case no later than fourteen days from the day on which the Customer notifies MARBLEDWORKS of the cancellation of this contract. The deadline is met if the Customer sends the goods before the expiry of the period of fourteen days.
The Customer shall bear the direct costs of returning the goods.
The Customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

b) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
c) MARBLEDWORKS informs about the model withdrawal form according to the legal regulation as follows:

Sample cancellation form

(If you wish to cancel the contract, please fill in this form.
and send it back).

– To marbledworks GmbH, Clemensstrasse 26, 80803 Munich, represented by the Managing Directors Mr. Maximilian Huber and Mr. Dominic Kim, e-mail: info@marbledworks.com, telephone number: +49151224480, :
– I/we (*) hereby revoke the contract concluded by me/us (*).
concerning the purchase of the following goods (*)/the provision of the following services
Service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in the case of notification on paper)
– Date
(*) Delete as applicable

16) Data protection

MARBLEDWORKS store and process personal and company-related data of Customers in compliance with the statutory provisions. The transmission of personal data via the website is subject to data protection regulations. The privacy policy can be viewed here.

17) Final provisions

a) MARBLEDWORKS reserves the right, at its sole discretion, to update, modify or replace any part of these Terms and Conditions. It is the Customer’s responsibility to check the website regularly for changes. If the Customer continues to use or access the website or the services on the website after changes to these Terms and Conditions have been posted, the Customer agrees to be bound by those changes. The most current version of the Terms and Conditions is available on the website at all times.
b) The failure of MARBLEDWORKS to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions and any policies or operating rules posted by MARBLEDWORKS on this Site or with respect to the service on the Site constitute the entire agreement and understanding between the Customer and MARBLEDWORKS and govern the use of the service on the Site and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and MARBLEDWORKS (including, without limitation, any prior versions of the Terms and Conditions). Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against MARBLEDWORKS.
c) The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes. The Terms and Conditions shall survive until terminated by either the Customer or MARBLEDWORKS. The Customer may terminate the Terms and Conditions at any time by notifying MARBLEDWORKS that they no longer wish to use the services on the website or if the Customer ceases to use the website. If, in MARBLEDWORKS‘ sole discretion, the Customer fails to comply with any term or provision of the Terms and Conditions, or MARBLEDWORKS suspects that the Customer is failing to comply, MARBLEDWORKS may also terminate this Agreement at any time without notice and the Customer shall remain liable for all amounts due up to and including the date of termination. MARBLEDWORKS may also, or may only, deny the Customer access to all or part of the services on the website.
d) The law of the Federal Republic of Germany shall apply to contracts between MARBLEDWORKS and the Customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.
e) Contracts with the Customer shall be concluded exclusively in the English language.
f) 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 arising from contractual relationships between the Customer and MARBLEDWORKS shall be the registered office of MARBLEDWORKS. The same shall apply if the Customer does not have a general place of jurisdiction in Germany, or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought. The right to invoke another statutory place of jurisdiction remains unaffected. In all other cases MARBLEDWORKS or the Customer may bring an action before any court having jurisdiction on the basis of statutory provisions.
g) The General Terms and Conditions shall remain binding in their remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.