General Terms and Conditions MARC O’POLO

1.1 These General Terms and Conditions (hereinafter “GTC”) contain provisions governing the MARC O’POLO online stores, which are accessible via our website (www.marc-o-polo.com) or shopping app for mobile devices (hereinafter “App”) in various country-specific versions via country-specific URLs (e.g., for Germany at www.marc-o-polo.com/de-de/) or app stores (hereinafter “Country Shops”).

The Country Shops for Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania, Spain, Italy, and the Czech Republic are also accessible as a Store Version via devices in the brick-and-mortar stores in Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania, Spain, Italy, and the Czech Republic (see Section C1.2) (hereinafter referred to as the “Store Version”). The country-specific online stores, including the app, are collectively referred to below as the “Online Store.” In addition, these Terms and Conditions apply to the customer loyalty program.

1.2 The operator of the Online Store and the customer loyalty program, and your contractual partner, is: MARC O’POLO Einzelhandels GmbH, Hofgartenstraße 1, D 83071 Stephanskirchen, Germany, registered in the Commercial Register of the Traunstein Local Court under HRB 6720, represented by the management: Maximilian Böck, Markus Staude-Skowronek, and Dr. Dirk Schneider, VAT ID No.: DE131177357 (hereinafter “MARC O’POLO” or “we”).

1.3 The provisions in this Part A and in Part B (“General Terms and Conditions (with Consumer Information) for the MARC O’POLO Online Shop”) of the General Terms and Conditions apply to all purchase contracts concluded between you as the customer and us as the operator of the online shop at www.marc-o-polo.com/, the app, or via the in-store version. As part of the ordering process, the Terms and Conditions are incorporated via a corresponding link, and by completing the purchase, you agree to the applicability of Parts A and B of the Terms and Conditions in the version in effect at the time the order is placed.

1.4 For participants in the customer loyalty program, the provisions in this Part A and in Part C, “General Terms and Conditions of Business and Use for Participation in the MARC O’POLO COMMUNITY,” apply. Participants in the loyalty program agree to Parts A and C of the Terms and Conditions as part of their registration for the loyalty program (see Part C1.1).

1.5 Customer accounts in the country-specific online stores for Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania, Spain, Italy, and the Czech Republic are part of the loyalty program (see Part C2.3). If you are logged into your customer account in the Germany country-specific store when completing an order, all provisions of these Terms and Conditions (Parts A, B, and C) apply.

1.6 The offers in the online store and the customer loyalty program are intended solely for consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their self-employed professional activity. If you wish to purchase our goods for commercial purposes, in particular for resale, please contact us directly.

2.1 These Terms and Conditions and the contractual relationship with you are governed by the laws of the Federal Republic of Germany, excluding uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. However, the statutory provisions restricting the choice of law remain unaffected. In particular, pursuant to Article 6(2) of Regulation (EC) No. 593/2008 (the so-called “Rome I Regulation”) within its territorial scope of application: To the extent that the law of the country in which you have your habitual residence at the time the contract is concluded (hereinafter “law of residence”) contains provisions for your protection from which, under the law of your habitual residence, no deviation is permitted by agreement, the (more favorable) provisions of the law of your habitual residence shall apply to you. You therefore enjoy the protection of the mandatory provisions of the law of your habitual residence despite the choice of law pursuant to the first sentence.

2.2 The statutory provisions apply to the jurisdiction.

2.3 We do not participate in dispute resolution proceedings before a consumer arbitration board.

MARC O’POLO reserves the right to amend or supplement these Terms and Conditions with future effect if required by law or if necessary to improve the processing of transactions or to prevent abuse. MARC O’POLO will notify you of any such changes in writing via email or by mail to the address you last provided. The changes shall be deemed approved unless you object to MARC O’POLO within 6 weeks of receiving the notification. MARC O’POLO will inform you in each individual case of an amendment to the Terms and Conditions regarding the aforementioned right to object and the aforementioned consequences of failing to object. If you object, the contract will continue under the previous terms and conditions. In this case, MARC O’POLO is entitled to terminate the contractual relationship with immediate effect.

1.1 The provisions in this Part B of the Terms and Conditions govern the details of the contractual relationship and also contain important consumer information in the legally binding version. You can access the Terms and Conditions via links in our online shop when placing your order, save them to your computer, and/or print them out. We will send you the Terms and Conditions applicable to your order separately, along with the shipping and order confirmation, but no later than upon delivery of the goods, on a durable medium (e.g., via email, PDF attachment, or paper printout).

1.2 The following delivery restrictions apply: The delivery area for the country-specific stores is limited to the respective country of the country-specific store you have accessed. For example, if you visit the country-specific store for Germany (www.marc-o-polo.com/de-de) or are using the app version for the German market (selectable in the app settings), we will only deliver to consumers who can provide a shipping address in Germany. In addition, the following minimum order values apply in the country-specific stores:

2.1 The presentation of goods in the MARC O’POLO Online Shop constitutes merely a non-binding invitation to order goods from MARC O’POLO. It does not yet constitute a binding offer to sell. The offer to conclude a purchase contract is made by you, the customer, when you click the order button (labeled, for example, “ORDER NOW WITH PAYMENT OBLIGATION” or similar wording) after completing the order form. Before doing so, you can view and modify your order at any time by clicking the shopping cart icon. You may also review and change your delivery and payment details before submitting your order. You remain bound to your order for 7 days; that is, the contract is bindingly concluded if we accept your order within this period. There is no entitlement to the conclusion of a contract; we are free to reject contract offers.

2.2 After submitting your order, you will receive an automatically generated email order confirmation; however, this does not constitute acceptance of the offer but merely documents that the order has been received by MARC O’POLO. We will confirm acceptance of the contract within the acceptance period specified in paragraph 1 via a separate email as soon as the goods leave our warehouse (shipping and contract confirmation).

2.3 If your order includes multiple items, the contract is concluded only for those items that are expressly listed in our shipping and contract confirmation.

2.4 The foregoing also applies if, due to the payment method you selected, you have already paid the purchase price or authorized payment prior to the conclusion of the contract. Should the contract fail to be concluded for any reason in this case, we will notify you by email (in the event of partial acceptance of the contract, together with the shipping and order confirmation for the deliverable items) and refund the prepayment immediately.

2.5 Your statutory right of withdrawal (see Section 6) remains unaffected by the above provisions.

2.6 The contract is concluded in the language of the country-specific store you have selected.

2.7 The contract text (consisting of the order, Terms and Conditions, and shipping and order confirmation) will be stored by us in compliance with data protection regulations and sent to you via email.

2.7 The contract text (consisting of the order, Terms and Conditions, and shipping and order confirmation) will be stored by us in compliance with data protection regulations and sent to you via email.

3.1 The final prices listed in our online store include the statutory value-added tax and all other price components. They are exclusive of the additional costs listed below. Agreements regarding free shipping, e.g., as part of customer loyalty programs, remain unaffected.

3.2 We deliver exclusively to shipping addresses within the delivery area specified in Section 1.2. The delivery options and shipping costs will be displayed to you immediately before you submit your order in the online store. We reserve the right to waive the flat-rate shipping fee in our online store, either entirely or temporarily. Delivery takes between 2 and 5 business days.

3.3 Depending on the payment method you select, additional costs may apply that are charged to you or to us by third parties and over which we have no control (e.g., credit card or bank fees, particularly for international accounts). You are responsible for such costs and must reimburse us for them if necessary.

4.1 To pay the purchase price, the online store generally offers the following payment methods: credit card (Visa, MasterCard, Amex), PayPal, Google Pay, and Apple Pay, as well as other payment methods such as invoice and Klarna, where applicable. The specific payment methods available to you will be displayed in the online store. The option to pay by invoice is subject to a credit check. If applicable, you may also use a gift card for payment in accordance with the gift card terms and conditions.

4.2 When paying by invoice, the purchase price is due upon receipt of the invoice. You are obligated to pay the invoice amount within 14 days of receiving the invoice.

4.3 If you choose to pay with Klarna, you will pay by invoice with a due date of 30 days from the date the goods are shipped. The store assigns the claim to Klarna Bank AB (“Klarna”). Klarna will send you a payment instruction, and you will pay for your order directly to Klarna. Contact information and further details about Klarna can be found here: Klarna Shopping Service, Klarna Data protection , Klarna Cookie-guideline.

4.4 The delivered goods remain the property of MARC O’POLO until the invoice amount has been paid in full (final and unconditional credit, including ancillary costs).

5.1 Delivery of the goods to the agreed-upon address (for delivery options and shipping costs, see Section 3, Paragraph 2) is carried out in accordance with statutory provisions; that is, we bear the risk of loss or damage to the goods during transit to you.

5.2 The standard delivery times for the respective countries are set forth in the table in Section 3(2), unless otherwise specified in the online store. The delivery times we specify are subject to the conclusion of the contract and full payment of the purchase price (except for purchase on account and cash on delivery, where available).

5.3 If we are unable to meet a binding delivery deadline for reasons beyond our control (e.g., due to a failure by upstream suppliers to deliver to us or due to force majeure), we will notify you immediately, specifying the new estimated delivery deadline if applicable. If the new delivery date is unacceptable to you, or if the goods are no longer available even within the new delivery date or are no longer available at all, both contracting parties are entitled to withdraw from the contract with respect to the goods in question; in this case, we will immediately refund any consideration already paid. The statutory rights of the contracting parties remain unaffected by this provision.

5.4 If no authorized recipient is present at the delivery address you provided during normal delivery hours, the shipping carrier we have engaged will leave or send you a written notice containing further information and instructions, in particular regarding the date of a new delivery attempt, options for contacting us to schedule a delivery time, and/or the location where the goods have been left for pickup. Any agreements between you and the shipping company that differ from this provision remain unaffected but do not give rise to any liability on our part. If delivery of the goods fails despite multiple attempts for reasons beyond our control, we may withdraw from the contract. Any payments you have already made will be refunded to you immediately. The statutory rights of the contracting parties remain unaffected.

6.1 Consumers generally have a statutory right of withdrawal upon conclusion of a distance sale, about which we provide information below in accordance with the statutory model. In paragraph 2, you will find a model withdrawal form, and paragraph 3 contains clarifications regarding the statutory models and supplementary provisions to which we are bound in your favor, in addition to the statutory rights.

WITHDRAWAL NOTICE

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.

To exercise your right of withdrawal, you must notify us, MARC O’POLO Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany, Phone: 00800 1022 1022 (toll-free service number), Email: service@marc-o-polo.com, by means of a clear statement (e.g., a letter sent by mail or an email) regarding your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not required. You may also exercise your right of withdrawal online at www.marc-o-polo.com (withdrawal function in the website footer or in the app’s account area). If you use this online function, we will immediately send you a confirmation of receipt on a durable medium (e.g., via email) containing information about the content of the notice of withdrawal as well as the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send the notice of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us (Marc O'Polo, Arvato SCS SE, Stockholmer Allee 3, 30539 Hannover, Germany). The deadline is met if you ship the goods before the 14-day period expires.

You are responsible for the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.

END OF THE CANCELLATION POLICY

6.2 In accordance with statutory requirements, we provide the following information regarding the model withdrawal form:

Model Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it.)

To: Marc O’Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany, Tel: 00800 1022 1022 (toll-free service number) or by email at service@marc-o-polo.com.

– I/we (*) hereby cancel the contract I/we (*) entered into for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notifications)

– Date

__________

(*)Delete as appropriate

6.3 In addition to the statutory provisions and the above information regarding the right of withdrawal, the following applies for the sake of clarity and exclusively in your favor:

• Unless the right of withdrawal is excluded under statutory provisions, you may exercise the right of withdrawal only with respect to individual items that were ordered and delivered together, while retaining the items not affected by the withdrawal. In such cases, it is not necessary to withdraw from the entire contract.

• In the case of partial deliveries of multiple items ordered at the same time, the withdrawal period begins with the delivery of the last item. The same applies if an item is delivered in multiple partial shipments or pieces. If only one item is delivered, the withdrawal period begins upon delivery of that item. In all cases, you may also declare your withdrawal before delivery.

• You may also exercise your right of withdrawal by registering your return via the returns portal and sending the relevant goods back to us within the withdrawal period; a separate declaration is then not required.

• The cancellation period is extended to a total of 30 days, and the return is free of charge for you if you return the goods to us within this period using the return label we have provided. This label is either included with the delivery or can be printed by you via our logistics partner’s portal. We will inform you about the specific procedure applicable to your country on our website and via an insert included with the delivery. If you do not follow this procedure, the statutory 14-day withdrawal period applies (see Withdrawal Policy), and you are responsible for the direct costs of returning the goods.

• Pursuant to Section 312g(2) of the German Civil Code (BGB), the right of withdrawal ends prematurely for contracts involving the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

7.1 Your rights in the event of material defects or defects of title are governed by statutory provisions.

7.2 The product descriptions in our online store, and, where applicable, more detailed manufacturer specifications and instructions delivered with the goods, are considered agreements regarding the quality of the goods. Please take note of such information before deciding to keep the goods.

7.3 Information regarding the quality of the goods provided by third parties—in particular by customers in the context of customer reviews published in our online store or on other sales platforms—that we have not commissioned does not constitute an agreement regarding the quality of the goods.

7.4 We are liable for damages exclusively in accordance with Section 8.

7.5 Your statutory right of withdrawal (see Section 6) and rights arising from any separately issued warranty statements or those accompanying the goods remain unaffected.

8.1 We are liable for damages in accordance with statutory provisions, unless otherwise specified below.

8.2 In the event of breaches of duty—regardless of the legal basis—we are liable for willful misconduct and gross negligence. In cases of simple negligence, we are liable only:

• for damages resulting from injury to life, limb, or health, and

• for damages resulting from a breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely); in this case, however, liability is limited to compensation for foreseeable, typically occurring damages.

8.3 The foregoing limitations of liability also apply to breaches of duty by persons for whose fault we are liable under statutory provisions. Claims under the Product Liability Act remain unaffected in all cases.

9. Please contact us with any questions, requests, or complaints by phone at 00800 1022 1022 (toll-free service number) or by email at service@marc-o-polo.com

The following section details the special conditions that apply for the following vouchers:

10.1 Marc O'Polo Gift Card

10.2 Marc O'Polo life cycle vouchers (birthday voucher, bonus voucher etc.)

10.3 Discount codes from marketing campaigns, e.g. Advent calendar

10.1 Special conditions for the MARC O'POLO Gift Card

10.1.1 General information

The MARC O’POLO online shop voucher (hereinafter: gift card) is issued by Marc O’Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany. By purchasing a gift card, you are purchasing a debt claim against Marc O’Polo Einzelhandels GmbH in the same amount as is represented by the gift card. The debt claim is not subject to interest.

The balance of the gift card can be redeemed in the Marc O’Polo online shop for the purchase of products available in the Marc O’Polo online shop at the given time. All products purchased in the online shop using the gift card are subject to the general terms and conditions of Marc O’Polo.

The gift card is available as a physical card or as a PDF document for you to print out yourself (eGift card).

10.1.2 Buying a Gift Card

You can buy the gift card in the Marc O’Polo online shop at https://www.marc-o-polo.com/en-ie/women/clothing/giftcards.

The gift card can be purchased in the online shop with a balance of EUR 20.00, EUR 50.00, EUR 100.00, EUR 150.00, EUR 200.00, EUR 250.00 or EUR 400.00.

In the Marc O’Polo online shop, you will be guided through the corresponding menu. You can pay for the gift card with credit card or PayPal, and in the Netherlands also with iDeal.

10.1.3 Specifics of buying a Gift Card from Marc O’Polo

You can purchase the gift card in the Marc O’Polo online shop at www.marc-o-polo.com. An order placed by a customer constitutes a binding offer for the conclusion of a purchase contract. The dispatch of the gift card by Marc O’Polo constitutes the acceptance of this offer. We can currently deliver gift cards in the following countries:

• Germany

• Austria

• France

• Belgium

• Netherlands

• Estonia

• Finland

• Ireland

• Italy

• Lithuania

• Luxembourg

• Slovakia

• Slovenia

• Spain

When ordering an eGift card, no other items may be ordered as part of the same order. A separate order must be placed.

The gift card can either be sent by post or via e-mail: If you opted for postal delivery, the gift card will be sent to you separately by post. The gift card is sent to you with free delivery. If you opted for an eGift card, it won’t be sent to you by post and you can print out the gift card yourself from the specified e-mail address once your order is complete.

10.1.4 Making a purchase with the Gift Card

The gift card can be used to make purchases in the following countries with the URLs listed below:

The gift card can only be used for the purchase of products that are available in the online shop at the time the order is placed. The gift card as a payment method cannot be combined with other vouchers (e.g. from our Members’ Programme).

The purchase amount is deducted from your gift card balance and the voucher code remains the same. Any remaining balance remains on your gift card. If the balance of your gift card is not enough to complete your purchase, you can settle the difference with another payment method. The balance on this card cannot be exchanged for cash. Any remaining balance is not paid out in cash.

You can enquire about the current balance of your gift card free of charge by contacting our customer service team on 00800 1022 1022 (Mon–Sat 8:00 AM to 8:00 PM) or via e-mail at service@marc-o-polo.com.

10.1.5 Validity, loss  and liability

The gift card is valid for three years from the end of the year in which it was purchased. You can find the date of purchase under “My Account” on the order confirmation. The gift card is not limited to one person and is transferable. As such, you should treat the gift card as you would cash. The risk of it being lost, stolen or damaged is borne by the customer. Marc O’Polo is entitled to perform debt-releasing services to the respective owner.

10.1.6 Defects

If the gift cards we deliver are defective, you may assert a statutory warranty claim. To have the gift card replaced, please contact our customer service team free of charge on 00800 1022 1022 (Mon–Sat 8:00 AM to 8:00 PM) or via e-mail at service@marc-o-polo.com.

10.2 Special conditions for selected MARC O'POLO life cycle vouchers
These special conditions apply in addition to the Marc O'Polo general terms and conditions for the following life cycle vouchers:

• Vouchers issued as part of the Marc O'Polo MEMBERS programme (bonus vouchers, see 10.3.3)

• Birthday voucher

• Voucher issued after subscribing to the newsletter

• Vouchers with voucher code beginning with MOPLC

10.2.1 General information
The issuer of the specified life cycle vouchers (hereinafter: voucher) is Marc O'Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany.
Life cycle vouchers cannot be purchased and are sent via e-mail or by post.

10.2.2 Payment process when using a voucher
The voucher amount can be redeemed by following the information provided on the printed material/in the newsletter. All products purchased in the online shop using the vouchers are subject to the general terms and conditions of Marc O'Polo.
The voucher can only be redeemed within the specified time period and when the minimum purchase value has been met.

In case of returns, a refund of the voucher is not possible.

The voucher cannot be exchanged for cash. The voucher cannot be used when purchasing gift cards.
The voucher can only be redeemed by you personally and is not transferable to other people. Voucher can be redeemed in the online shop by entering the code in the last step of the ordering process or in the stores participating in the Members’ Programme (overview at https://www.marc-o-polo.com/en-ie/storefinder) by presenting the voucher.

10.2.3 Bonus points and vouchers

10.2.3.1 As a Customer Loyalty Programme member, you can collect bonus points with your purchases in Participating Stores. In March and September of every year, MARCO'POLO checks, based on the following point thresholds, the value of the voucher you will receive for the bonus points collected in the last six months and sends this to you by post. The voucher value is calculated based on the following point thresholds:

10.2.3.2 You can collect points in all Participating Stores by having your purchases registered with proof of membership in accordance with clause 1.5. You can also temporarily use a pre-card to register your purchases. Points collected with purchases using a pre-card are credited to you as soon as your membership begins subject to the requirements in clauses 1.3 and 1.4.

10.2.3.3 For each whole unit of currency (e.g. one euro, one Swiss franc, one Czech koruna) spent, you will receive half (½) a bonus point at participating factory outlet stores and a whole (1) bonus point at other participating stores. For this purpose, the price will be rounded up to the nearest full unit of the respective national currency (no figures after the decimal point). Foreign currencies will be translated into the relevant national currency using the official conversion rate applicable on the purchase date. Should purchases be returned, the points credited will subsequently be reversed.

10.2.3.4 Vouchers can be used in any participating store in a country which uses the same currency as the country in which the customer registered for the Customer Loyalty Scheme (e.g. vouchers from the German Customer Loyalty Scheme can also be redeemed in Austria, France, Belgium and the Netherlands) prior to the expiry date on the voucher card. Vouchers are usually valid for eight (8) weeks from the date of issue. The voucher can be redeemed once per purchase made at a participating store. At Physical Stores, vouchers are redeemed by presenting the voucher card at the till. When ordering online from a participating national store, a voucher can be redeemed by entering the code when prompted to do so during the order process. Vouchers cannot be used for purchases which have already been made. Vouchers can only be redeemed on purchases exceeding the minimum value for the respective voucher.

10.3 Special conditions for one-off discount codes provided as part of marketing campaigns
These special conditions apply in addition to the Marc O'Polo general terms and conditions for the following one-off discount codes provided as part of marketing campaigns, e.g. Advent calendar, or as a gesture of goodwill:

• Voucher code for free shipping

• Fixed value voucher or percentage discount voucher for particular items or product ranges

10.3.1 General information
The issuer of the specified discount codes is Marc O'Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany.
Discount codes cannot be purchased.

10.3.2 Payment process when using a discount code
The discount codes can be redeemed through the transaction channels specified in the text marked with an asterisk to make a purchase from a relevant, available product range that is not excluded in the terms and conditions. All products purchased in the online shop using the discount codes are subject to the general terms and conditions of Marc O'Polo. The discount code can only be redeemed in the country-specific Marc O'Polo online shop that the discount code was sent by.
The discount code can only be redeemed within the specified time period and when the minimum purchase value – if there is one – has been met. In case of returns, a refund of the voucher is not possible. This means that the discount code can only be used once for a single transaction and cannot be split across multiple purchases.
The discount code cannot be exchanged for cash. Discount codes cannot be used when purchasing gift cards.

Marc O’Polo reserves the right to offer additional voucher thresholds and to adjust the point thresholds in line with currency fluctuations, to the extent of such fluctuations.

10.2.4.2 You can earn points in all participating stores by having your purchases registered upon presentation of proof of your membership in accordance with Part C, Section 1.5.

10.2.4.3 For each whole currency unit (e.g., one euro, one Swiss franc, one Czech koruna) of the price paid for the purchase, you will be credited with one (1) full bonus point at all participating stores. For this purpose, the price is rounded up to the nearest whole amount in the respective local currency (without decimals). No points are awarded for the purchase of gift cards. For technical reasons, it may take up to 10 days for the points to appear in your profile after purchase. The currency in which a customer earns points corresponds to the currency of their current country of residence; if no address is provided, it corresponds to the currency of the country of registration. Foreign currencies are converted into the respective local currency based on the official exchange rate in effect on the date of purchase. If purchases are reversed, the corresponding point credits will be subsequently canceled. For transactions, points are credited 45 days after the return period has expired. Bonus points are non-transferable. The bonus points earned are valid for 12 months, ending at the end of the month, from the date of activation. The points also count toward achieving a status (level).

10.2.4.4 Bonus vouchers may be redeemed at all participating stores in countries using the same currency as the country in which the customer enrolled in the loyalty program (e.g., vouchers from the German loyalty program can be redeemed in Austria, France, Belgium, and the Netherlands), up until the expiration date assigned to the voucher. Vouchers are generally valid for four (4) weeks from the date of issuance. The voucher can be redeemed once per purchase at a participating store. Redemption at a brick-and-mortar store is done by presenting the voucher card or showing the digital voucher in the Marc O’Polo Shopping App or the online store at checkout. For online orders placed in the respective country-specific store participating in the loyalty program, the voucher can be redeemed by activating it during the payment process at the designated point in the order process. The voucher is not valid for purchases that have already been made. Bonus vouchers are non-transferable. In the event of returns, the voucher value will be refunded in the form of bonus points at the current bonus point conversion rate; these points are valid for 3 months.

10.3 Special Terms and Conditions for One-Time Discount Codes as Part of Marketing Campaigns

These special terms and conditions apply in addition to the provisions under 10.1 for the following one-time discount codes issued as part of marketing campaigns, such as the Advent calendar, or as a gesture of goodwill:

• Voucher code for free shipping

• Voucher for a specific amount or percentage off certain items or product categories

10.3.1 General

The issuer of the aforementioned discount codes is Marc O’Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany.

Discount codes cannot be purchased.

10.3.2 Payment Using a Discount Code

The discount code can be redeemed via the transaction channels specified in the asterisked text for the purchase of the available product range not excluded in the terms and conditions. All goods purchased in the online store using discount codes are subject to the Terms and Conditions. The discount code is redeemable only in the country-specific online store in which it was issued.

The discount code is redeemable only during the specified period and once the respective minimum purchase amount, if applicable, has been reached. The discount code (voucher) is applied to the total order amount. In the event of a full return, a refund of the voucher value is not possible. This means that the discount code can only be redeemed once as part of a single transaction and cannot be split across multiple purchases.

Cash redemption is not possible. Discount codes do not apply to the purchase of gift cards.

1.1 To participate in the customer loyalty program, you must be at least 18 years of age and agree to Parts A and C of these Terms and Conditions. Participation in the customer loyalty program is free of charge for you.

1.2 MARC O’POLO provides all services, offers, content, and other benefits in connection with the customer loyalty program (hereinafter collectively referred to as “Services”) exclusively on the basis of these Terms and Conditions and exclusively in the stores participating in the customer loyalty program. The customer loyalty program includes brick-and-mortar stores operated by us or by our distribution partners (participating brick-and-mortar stores hereinafter collectively referred to as “Brick-and-Mortar Stores”). An overview of the currently participating brick-and-mortar stores is available in our Store Finder at www.marc-o-polo.com/stores. There, you can view the stores nearest to a specified location or ZIP code. We mark the brick-and-mortar stores participating in the customer loyalty program with graphical icons in the overview of your search results in the Store Finder. In addition, the country-specific online stores we operate in Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania, the Czech Republic, Spain, and Italy (hereinafter “country-specific stores participating in the customer loyalty program”) are also participating in the customer loyalty program. These stores can be accessed via their respective websites (see Section A1.1.), the mobile app, or the in-store versions available at our brick-and-mortar stores. Hereinafter, the brick-and-mortar stores, the country-specific stores participating in the customer loyalty program, and the mobile app—including the in-store versions—are collectively referred to as “Participating Stores.”

1.3 To sign up for the customer loyalty program, please fill out the registration form provided for this purpose, including confirmation of participation in the loyalty program. Participation in the loyalty program is not possible without completing the registration form. You can access the registration form, in particular, in one of our country-specific stores or via the store version in the brick-and-mortar stores. If you would like to place an order in the country-specific stores participating in the customer loyalty program but do not wish to participate in the program itself, you have the option to complete the ordering process in the online store as a “Guest.”

1.4 If MARC O’POLO accepts your application to participate, you will receive a welcome letter via email, WhatsApp, or in the app—depending on where you registered— which contains your login credentials for your customer account at the respective country store participating in the loyalty program, a digital loyalty card, and a welcome message. Your membership in the loyalty program begins upon receipt of this welcome message.

1.5 You can verify your membership in brick-and-mortar stores by presenting an electronic or physical customer card in credit card format or by providing your details (first name, last name, date of birth), as well as in the respective country-specific store participating in the loyalty program by entering your login credentials (username and password).

1.6 MARC O’POLO provides the services under the loyalty program only for products sold by participating stores under the brands of the MARC O’POLO Group companies.

MARC O’POLO provides members of the loyalty program, in particular, with the benefits described in this Section 2. Further details on the current services can be found at www.marc-o-polo.com/community, where MARC O’POLO describes the components of the customer loyalty program in more detail.

2.1 Welcome Package

At the start of your membership, you will receive a welcome package, which is described in more detail in Section 1.4.

Upon being classified into the Plus or Core levels, you will receive a welcome package by mail, provided a valid mailing address is on file. This package contains a physical loyalty card and information about the new level benefits.

2.2 Details regarding bonus points and bonus coupons can be found in Part B under Section 10.2.3.

2.3 Customer Account

2.3.1 MARC O’POLO opens a customer account for each member in the respective country-specific online store participating in the loyalty program, where you can store your personal information and thus shop conveniently in the respective country-specific online store. MARC O’POLO uses the email address you provided when registering for the loyalty program and the password you selected as your login credentials.

2.3.2 If you are logged into your customer account during the ordering process, the contact information required for the order will be pre-filled with the details stored in your customer account to make the ordering process in the respective country-specific online store participating in the loyalty program as convenient as possible. In the personal section of your customer account, you can update your contact information at any time and add additional voluntary details. You can also save an address book with different addresses which you would like to use for your orders, as well as track the status of your orders and view your order history for completed orders in the participating stores. You can also set your preferred payment and shipping methods as well as your preferred brick-and-mortar store. Furthermore, you can manage your newsletter settings and other marketing consents individually according to your interests.

2.4 Advanced Ordering, Reservation, and Return Options

2.4.1 In the respective country stores participating in the customer loyalty program, you have the option to reserve in-store items at a specific physical store for try-on. If and to the extent that the items could be set aside at the physical store of your choice, you will receive a confirmation of your reservation via email, which remains valid for three (3) business days from that point on. Within these three (3) business days, you can try on the reserved items at the selected physical store by providing your name and the reservation number. There is no obligation to purchase. If you do not pick up the reserved items within three (3) business days after confirmation of the reservation, or if you decide not to purchase the items during the fitting, you will lose your right to the reservation. If you decide to purchase the items during the fitting, you must pay the purchase price at the brick-and-mortar store where you pick up the items.

2.4.2 In addition, when placing an order through the respective country-specific store participating in the customer loyalty program, you have the option to select a brick-and-mortar store as the delivery location. If you do not pick up the items purchased through the respective country-specific store participating in the customer loyalty program at the brick-and-mortar store you selected within ten (10) calendar days of being notified that the delivery has arrived, the purchase contract will be automatically rescinded. Pickup is only possible upon presentation of a valid government-issued ID.

2.4.3 You also have the option to return any items you have purchased from the respective country-specific online store participating in the customer loyalty program either to that store or to a physical store within 30 calendar days of the item’s delivery to the delivery location you specified. You are only entitled to have the item accepted for return and the purchase price refunded by us, in our capacity as the operator of the country-specific online stores participating in the customer loyalty program, if the item’s original tag has not been removed and the item shows no signs of use (e.g., stains). This right of return is in addition to the statutory right of withdrawal applicable to online purchases, which remains unaffected.

2.4.4 In addition, we offer you the option in our brick-and-mortar stores to place online orders in the respective country-specific store participating in the customer loyalty program using a device located in the brick-and-mortar stores. To do this, we access the store version, through which you can log in to your customer account by entering your login credentials and complete the online ordering process. If you wish to place an online order without entering your customer account login credentials, we can alternatively log you into your customer account provided you verify your membership by presenting a government-issued ID or by providing your personal information (name, date of birth, and/or place of residence).

2.5 Exclusive Shopping Appointments

Members can schedule individual shopping appointments at brick-and-mortar stores based on their schedule preferences.

2.6 Personalized Product Information, Exclusive Events, Promotions, and Surprises

MARC O’POLO will also send you exclusive offers and information about its own products, as well as invitations to special events and promotions from MARC O’POLO or participating stores by mail. If you have given your consent, MARC O’POLO will also send you the aforementioned promotional content via email, SMS, in-app messages, push notifications, or WhatsApp, and will personalize all information and invitations as best as possible based on the information stored in the customer database. Furthermore, MARC O’POLO may send birthday gifts to individual members or have them held for pickup at a brick-and-mortar store. To give selected members a special treat, MARC O’POLO may also send them spontaneous surprises.

Member Benefits

Some of the member benefits may require consent to receive newsletters, mailings, or marketing communications. Some benefits are available while supplies last and may be changed, restricted, or replaced at MARC O’POLO’s sole discretion without prior notice. The birthday gift card can only be sent if the participant has provided their date of birth and consented to receiving communications at least 40 days before their birthday.

2.7 Customer Hotline and Program Communications

2.7.1 In addition, a customer hotline is available where you can inquire about your current point balance as well as other information, such as details regarding your membership, special events and promotions, or new collections. To provide you with the best possible personalized advice, customer service representatives can access your data stored in the customer database.

2.7.2 In addition, we send members certain information via mail, email, in-app messages, push messages, or by phone, to the extent that this is necessary for the implementation of the customer loyalty program or the services provided in this context (hereinafter collectively referred to as “program communications”). Program communications include, in particular, emails, phone calls, in-app messages, push notifications, or mail regarding confirmation of your registration, notifications about your point balance, the validity of your points, your membership level, or information regarding the processing of your purchases or the services you have used, such as notifications regarding the arrival of an order or reservation at a brick-and-mortar store, the resolution of complaints or checkout errors, information about the tailoring service, or the scheduling of exclusive shopping appointments.

Levels

The Marc O’Polo COMMUNITY offers various levels with associated benefits, which can be viewed here and are updated regularly. After registration is validated, each member starts at the first level and can advance to the next level as soon as they reach the corresponding level threshold. The classification is based on the accumulated and activated bonus points from the last 12 months. Transactions that are still within the 45-day return period are not included.

These are the thresholds for the respective levels:

Level membership lasts for 12 months and begins at the time of level advancement. Afterward, eligibility for the level is reassessed. If a customer who is currently at the “Plus” level qualifies for the “Core” level during the membership period, they will be upgraded accordingly, and the 12-month membership period will start over. Afterward, eligibility for the level will be reassessed. The member will receive an email notifying them of a possible downgrade before it takes effect.

Each level comes with special benefits, which can be viewed here.

Referring the Program

Members receive extra bonus points for referring the Marc O’Polo Community to others. Points are credited as soon as the new member you referred has made their first purchase. Up to two point credits may be issued per month. The new member must register using the referring member’s individual invitation link, which is provided in the customer account.

3.1 The electronic or physical loyalty card in credit card format contains a personal membership number assigned to the respective customer during registration and is not transferable to third parties. You are required to report any loss, theft, or other misplacement of the customer card to MARC O’POLO at service@marc-o-polo.com and/or by calling 00800 1022 1022 (toll-free service number).

3.2 You are solely responsible for any damages resulting from a culpable failure to notify MARC O’POLO or from a delayed notification.

4.1 You may cancel your membership in the customer loyalty program at any time without notice by providing written notice (e.g., via email) to MARC O’POLO. In addition, you may delete your customer account, which will also terminate your participation in the Marc O’Polo Community.

4.2 MARC O’POLO may terminate your membership in the customer loyalty program by providing three (3) months’ notice effective at the end of any month. This provision does not affect termination for good cause.

4.3 Upon termination of your membership in the customer loyalty program, you are required to immediately destroy the physical customer card (in credit card format), return it to MARC O’POLO, or hand it in at a brick-and-mortar store with a request for its destruction. The electronic customer card will no longer be valid.

5.1 For inquiries regarding the loyalty program, the following contact options are available to you:

MARC O’POLO Einzelhandels GmbH

Hofgartenstraße 1

83071 Stephanskirchen, Germany

Phone: 00800 1022 1022 (Toll-free service number)

Email: service@marc-o-polo.com