General Terms and Conditions MARC O’POLO

Part A General

Scope of application and your contractual partner

1.1 These General Terms and Conditions (hereinafter "GTC") contain provisions for the MARC O’POLO online shops, which can be accessed via our website (www.marc-o-polo.com) in various country versions via country-specific URLs (e.g. for Germany at www.marc-o-polo.com/de-de/) (hereinafter "Country Shops"). We provide Country Shops for the following countries:

Country ShopURL
Country Shop Federal Republic of Germanywww.marc-o-polo.com/de-de/
Country Shop Republic of Austriawww.marc-o-polo.com/de-at/
Country Shop Republic of Francewww.marc-o-polo.com/fr-fr/
Country Shop Grand Duchy of Luxembourgwww.marc-o-polo.com/en-lu/
Country Shop Republic of Italywww.marc-o-polo.com/en-it/
Country Shop Republic of Irelandwww.marc-o-polo.com/en-ie/
Country Shop Kingdom of Belgiumwww.marc-o-polo.com/nl-be/ www.marc-o-polo.com/fr-be/
Country Shop Kingdom of Spainwww.marc-o-polo.com/en-es/
Country Shop Netherlandswww.marc-o-polo.com/nl-nl/
Country Shop Republic of Estoniawww.marc-o-polo.com/en-ee/
Country Shop Republic of Finlandwww.marc-o-polo.com/en-fi/
Country Shop Republic of Latviawww.marc-o-polo.com/en-lv/
Country Shop Republic of Lithuaniawww.marc-o-polo.com/en-lt/
Country Shop Republic of Sloveniawww.marc-o-polo.com/en-si/
Country Shop Republic of Slovakiawww.marc-o-polo.com/en-sk/
Country Shop Swedenwww.marc-o-polo.com/en-se/
Country Shop Polandwww.marc-o-polo.com/pl-pl/
Country Shop Swiss Confederationwww.marc-o-polo.com/de-ch/ www.marc-o-polo.com/fr-ch/
Country Shop Czech Republicwww.marc-o-polo.com/cs-cz/
Country Shop United Kingdom of Great Britain and Northern Irelandwww.marc-o-polo.com/en-gb/
Country Shop Romaniawww.marc-o-polo.com/en-ro/
Country Shop Hungarywww.marc-o-polo.com/en-hu/

The national stores for Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania and the Czech Republic can also be accessed as a Store Version (referred to below as a ‘Store Version’) using a device in Physical Stores in Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania and the Czech Republic which participate in the MARC O’POLO MEMBERS Customer Loyalty Scheme (referred to below as the ‘Customer Loyalty Scheme’) (see section C1.2). The Country Shops are referred to hereinafter jointly as "Online Shop". These GTC also apply to the Customer Loyalty Programme.

1.2 The operator of the Online Shop as well as the Customer Loyalty Programme and your contractual partner is: MARC O'POLO Einzelhandels GmbH, Hofgartenstraße 1, D-83071 Stephanskirchen, Germany, entered in the Commercial Register of the Local Court of Traunstein under HRB 6720, represented by the managing directors: Maximilian Böck and Markus Staude-Skowronek, 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 these GTC apply to all sales contracts entered into between you as customer and us as operator of the Online Shop at http://www.marc-o-polo.com/ or via the Store Version. In the course of the order process you agree to Parts A and B of the GTC as amended at the time the order is placed.

1.4 The provisions in this Part A and in Part C ("General Terms and Conditions for Participation in MARC O'POLO MEMBERS") apply to participants in the Customer Loyalty Programme. Participants in the Customer Loyalty Programme agree to Parts A and C of these GTC as part of their registration for the Customer Loyalty Programme (see Part C1.1).

1.5 Customer accounts in the national stores for Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania and the Czech Republic form part of the Customer Loyalty Scheme (see section C2.3). If you are logged into your customer account in the Country Shop Germany when you complete an order process, all provisions of these GTC (Parts A, B and C) apply.

1.6 The offers in the Online Shop and the Customer Loyalty Programme are only aimed at consumers. According to the statutory definition, a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his/her commercial nor his/her self-employed professional activity. If you wish to purchase our goods for commercial purposes, in particular for resale, please contact us personally.

Choice of law, jurisdiction and consumer dispute resolution

2.1 These GTC and the contractual relationship with you are governed by the laws of the Federal Republic of Germany to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. However, the statutory provisions limiting the choice of law remain unaffected. In particular, Article 6(2) of Regulation (EC) No. 593/2008 ("Rome I Regulation") applies within its territorial scope: Insofar as the law of the country in which you have your habitual residence at the time of conclusion of the contract (hereinafter referred to as the "law in the country of habitual residence") contains provisions for your protection, from which the law in the country of habitual residence may not be deviated by agreement, the (more favourable) provisions of the law of the country of habitual residence apply to you. You therefore enjoy the protection of the mandatory provisions of the law in the country of habitual residence despite the choice of law pursuant to sentence 1.

2.2 The applicable statutory regulations apply to jurisdiction.

Changes to these GTC

MARC O'POLO reserves the right to change or amend these GTC with effect for the future, in particular if legal provisions require this or this is necessary to improve processing or prevent misuse. MARC O'POLO will inform you in each case about the change in text form by e-mail or in writing to the address most recently provided by you. The changes are deemed approved unless you object to MARC O'POLO within 6 weeks of receiving such notification. MARC O'POLO will advise you in each individual case of any change to these GTC about the right of objection stated above and the consequences stated above if an objection is not filed. If you file an objection, the contract will be continued subject to the prior terms. In this case, MARC O'POLO has the right to terminate the contractual relationship with immediate effect.

Part B General Terms and Conditions (with consumer information) for the MARC O’POLO Online Shop

Scope of application, conclusion of contract, delivery restrictions

1.1 The provision in this Part B of these GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally applicable version. Via links in our Online Shop you can access the GTC when ordering, save them on your computer and/or print them out. The GTC relevant for your order will be sent to you again by us separately together with the dispatch and contract confirmation, but at the latest upon delivery of the goods, on a durable data carrier (e.g. by e-mail, PDF attachment or paper printout).

1.2 The following delivery restrictions exist: The delivery area of the Country Shops is limited to the country of the Country Shop you have accessed. If, for example, you access the Country Shop Germany at www.marc-o-polo.com/de-de, we only deliver to consumers who can specify a delivery address in Germany. The following minimum order values also apply in the Country Shops:

Minimum order values
Country Shop SwedenSEK 299,00
Country Shop PolandPLN 130,00
Country Shop Swiss ConfederationCHF 29,90
Country Shop Czech RepublicCZK 800,00
Country Shop United Kingdom of Great Britain and Norther IrelandGBP 29,90
Country Shops Federal Republic of Germany, Republic of Austria, Republic of France, Grand Duchy of Luxembourg, Republic of Italy, Ireland, Kingdom of Belgium, Kingdom of Spain, Netherlands, Republic of Estonia, Republic of Finland, Republic of Latvia, Republic of Lithuania. Republic of Slovenia, Republic of SlovakiaEUR 29,90

Conclusion of contract

2.1 The presentation of goods in the MARC O'POLO Online Shop merely represents a non-binding invitation to order goods from MARC O'POLO. It does not yet contain any binding sales offer. The offer to conclude a sales contract is made by you as the customer by clicking on the order button after completing the order page in full. The order button is labelled as follows:

Order Button
GermanZAHLUNGSPFLICHTIG BESTELLEN
FrenchFINALISER VOTRE COMMANDE
DutchUW BESTELLING AFSLUITEN
EnglishBUY

You can view and change your order beforehand at any time by clicking on the shopping cart symbol. Before placing your order, you can also check and change your details regarding delivery and payment methods again. You remain bound to your order for 7 days, i.e. the contract becomes binding if we accept your order within this period. There is no right to the conclusion of a contract; we are free to reject contract offers.

2.2 After sending the order, you will receive an automatically generated e-mail order confirmation, which does not represent an acceptance of the offer, but merely documents that the order has been received by MARC O'POLO. We declare the acceptance of the contract within the acceptance period in accordance with clause 2.1 by a separate e-mail as soon as the goods leave our warehouse (dispatch and contract confirmation).

2.3 If your order comprises several items, the contract is only concluded for those items which are expressly listed in our dispatch and contract confirmation.

2.4 The above also applies if you, due to the payment method chosen by you, have already paid the purchase price or authorised payment before conclusion of the contract. Should the contract not be concluded for any reason, we will inform you by e-mail (in the case of partial acceptance of the contract, together with the dispatch and contract confirmation for the deliverable items) and refund the advance payment.

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

2.6 The contract is concluded in the following languages (dependent on the selection in the relevant Country Shop):

Available languages
Country Shops Federal Republic of Germany Republic of AustriaGerman
Country Shop Republic of France French
Country Shop Kingdom of Belgium Dutch/French
Country Shop Netherlands Dutch
Country Shop Swiss Confederation German/French
Country Shops for all other countries English

If several languages are listed above for one country, you can choose between these languages on the website, and the website will then be displayed in the language chosen by you. The language in which the contract is concluded is in this case the language chosen by you when you place your order.

The contract text (consisting of order GTC and dispatch and contract confirmation) will be saved by us taking full account of data protection requirements and sent to you by e-mail.

Price, delivery options, additional costs

3.1 The final prices stated in our Online Shop include statutory value added tax and all other price components. They are subject to the additional costs stated below.

3.2 We only deliver to delivery addresses in the delivery territory specified in clause. 1.2 and – if these are specified in more detail in our Online Shop – with the following delivery options and flat shipping fees per order (the following table also contains the country currency in each case):

Delivery options
Delivery countryShipping methodShipping chargesDelivery period
Federal Republic of GermanyDHL Go GreenEUR 3.952-3 business days
HermesEUR 4.953-4 business days
DHL ExpressEUR 6.951-2 business days*
Republic of FranceGLS DEEUR 4.952-5 business days
Kingdom of BelgiumGLSEUR 4.952-3 business days
Kingdom of SwedenUPS SaverSEK 70.002-3 business days
NetherlandsPost NLEUR 4.953-6 business days
Republic of AustriaPost ATEUR 4.953-6 business days
Swiss ConfederationGLS/ Swiss PostCHF 6.952-5 business days
PolandDHL WeltpaketPLN 40.002-5 business days
Czech RepublicDHL WeltpaketCZK 240.002-5 business days
United Kingdom of Great Britain and Northern IrelandDHL WeltpaketGBP 7.502-5 business days
All other countriesDHL WeltpaketEUR 8.952-5 business days

* for orders placed Monday to Thursday by 12.00 p.m.; no delivery on Sundays or on regional and national public holidays.

The shipping costs are displayed directly before you place your order in the Online Shop. We reserve the right to waive the collection of the shipping costs in our Online Shop completely or temporarily.

3.3 If the shipment is made to a German delivery address and you pay cash on delivery, an additional cash on delivery fee of EUR 6.00 per package is due. Due to the payment method chosen by you, additional costs may be incurred which are charged to you or us by third parties and over which we have no control (e.g. credit card or bank charges, in particular for foreign accounts). You will be responsible for such costs and may be required to reimburse us for them.

Payment methods and retention of title

4.1 For the payment of the purchase price the following payment methods are available to you in the individual Country Shops – if these are specified in more detail in our Online Shop:

Payment methods
Country Shop Federal Republic of GermanyInvoice, PayPal, credit card (Visa, MasterCard, Amex), cash on delivery
Country Shop Republic of FrancePayPal, credit card (Visa, MasterCard, Amex), Carte Bleue
Country Shop Kingdom of BelgiumPayPal, credit card (Visa, MasterCard, Amex)
Country Shop NetherlandsInvoice, PayPal, credit card (Visa, MasterCard, Amex), iDeal
Country Shop Republic of AustriaInvoice, PayPal, credit card (Visa, MasterCard, Amex)
Country Shop Swiss ConfederationInvoice, credit card (Visa, MasterCard, Amex)
Country Shop United Kingdom of Great Britain and Northern IrelandCredit card (Visa, MasterCard)
Country Shop PolandCredit card (Visa, MasterCard)
Country Shop Czech RepublicCredit card (Visa, MasterCard)
Country Shop for all other countriesCredit card (Visa, MasterCard, Amex), PayPal

The possibility of payment by invoice is always subject to a credit check. If applicable, you can also use a voucher for payment in accordance with the voucher conditions.

4.2 Cash on delivery payments are due upon receipt of the goods and are to be paid in cash together with the cash on delivery fee directly to the deliverer. If payment is made on account, the purchase price is due upon receipt of the invoice. You are obliged to pay the invoice amount within 14 days after receipt of the invoice.

4.3 Until full payment of the invoice amount (final and unconditional crediting of the amount including additional costs), the delivered goods remain the property of MARC O‘POLO.

Delivery and passing of risk

5.1 The goods are delivered to the agreed address (for delivery options and shipping costs, see clause 3.2) in accordance with the applicable statutory provisions, i.e. we bear the risk of loss of or damage to the goods in transit to you.

5.2 The regular delivery times with regard to the individual countries are set forth - subject to deviating information in the Online Shop - in the table in accordance with clause 3.2. Delivery times stated by us are subject to conclusion of the contract and the complete payment of the purchase price (except in the case of purchase on account and cash on delivery, if available in each case).

5.3 If we are unable to comply with a binding delivery period for reasons for which we are not responsible (e.g. due to a lack of supply from our suppliers or force majeure), we will inform you of this without undue delay, if necessary specifying the new expected delivery period. If the new delivery period is unacceptable to you or if the goods are also not available within the new delivery period or are no longer available at all, both contractual parties are entitled to withdraw from the contract in respect of the goods concerned; in this case we will reimburse any consideration already paid without undue delay. The statutory rights of the contractual parties remain unaffected by this.

5.4 If no person authorised to receive the goods is found at the delivery address specified by you during the usual delivery times, the transport company used by us will leave or send you written notification with additional information and instructions, in particular on the date of a new delivery attempt, the possibility of contacting you for the purpose of arranging delivery and/or the location where the goods have been deposited for collection. Any deviating agreements between you and the transport company remain unaffected, but do not establish any liability on our part. Should the delivery of the goods fail despite repeated attempts for reasons for which we are not responsible, we may withdraw from the contract. Any payments already made by you will be refunded to you without undue delay. The legal rights of the contractual parties remain unaffected.

Right of withdrawal for consumers

6.1 Consumers generally have a statutory right of withdrawal when they enter into distance selling transactions, which we inform you about below in accordance with the statutory model. Paragraph 2 contains a model withdrawal form und paragraph 3 contains clarifications regarding the legal models and supplementary regulations to which we are bound in addition to the statutory right in your favour.

INFORMATION ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw from this contract within 14 days without specifying any reasons. The withdrawal period is 14 days starting from the date on which you or a third party other than the carrier specified by you have or has taken possession of the goods. To exercise your cancellation right, you must clearly communicate your decision to cancel this contract to us, MARC O’POLO Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany, by calling 00800 1022 1022 (free service hotline), emailing service@marc-o-polo.com or sending us a letter by post.

You can use the attached model withdrawal form for this, but this is not mandatory. It is sufficient to comply with the withdrawal period if you send the notification of exercising the right of withdrawal before expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we will reimburse you without undue delay and no later than fourteen days from the date on which we receive notice of your withdrawal from this contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment for such refund as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse reimbursement until we have received the goods back or until you have proved that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us (MARC O‘POLO Online Shop, c/o arvato distribution GmbH, Schleefstrasse 507, 44287 Dortmund) without undue delay and in any case within fourteen days of the date on which you notify us of withdrawal from this contract at the latest. This period is deemed to have been observed if you dispatch the goods before expiry of the 14-day period.
Your are liable for any loss in value of the goods only if such loss in value is due to handling of the goods which is not necessary to examine their quality, properties and functionality.

6.2 In accordance with the applicable statutory provisions, we provide you with the following information on the model withdrawal form:

Model withdrawal form

(Complete and return this form if you wish to withdraw from the contract.)
To: Marc O‘Polo Einzelhandels GmbH, Hofgartenstraße 1, 83071 Stephanskirchen, Germany , Tel: 00800 1022 1022 (free) or by e-mail to: service@marc-o-polo.com.

– I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods*/provision the following service*

– Ordered on*/received on*

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is notified in writing )

– Date

__________

(*) Delete as appropriate

6.3 In addition to the applicable statutory provisions and the above models, the following applies for the sake of clarification or exclusively in your favour:

  • As far as the right of withdrawal is not excluded according to the applicable statutory provisions, you can exercise the right of withdrawal also only with regard to individual goods ordered and delivered together with other goods and keep the goods not affected by this. A withdrawal from the entire contract is not necessary in such cases.

  • In the case of partial deliveries of several goods ordered at the same time, the withdrawal period begins when the last goods are delivered. The same applies if goods are delivered in several partial shipments or pieces. If only one product is delivered, the withdrawal period begins with when this product is delivered. In all cases you can also notify us of withdrawal before the delivery.

  • You can also exercise your right of withdrawal by returning the goods in question to us together with the return form enclosed with the delivery and completed accordingly; separate notification of withdrawal is then not required.

  • The withdrawal period is extended to a total of 30 days, and the return shipment is free of charge for you if you return the goods to us within this period and use the return label provided by us. This is either enclosed with the delivery or can be printed out by you on our logistics partner's website. We will inform you about the specific procedure applicable in your country on our website and by means of an enclosure with the delivery. If you do not comply with the procedure, the statutory withdrawal period of 14 days (see Instructions on the Exercise of the Right of Withdrawal) applies and you bear the direct costs of returning the goods yourself.

Rights of customer in case of defects

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

7.2 The product descriptions in our Online Shop and, if applicable, more detailed manufacturer specifications and information delivered together with the goods are deemed to be agreements on the quality of the goods. Please take note of such information before you decide to keep the goods.

7.3 We do assume any liability for information regarding quality provided by third parties, in particular by customers in the context of customer reviews published in our Online Shop or on other sales platforms.

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

7.5 Your statutory right of withdrawal (see Section 6.) and rights arising from warranty declarations which may have been made separately or attached to the goods remain unaffected.

Liability for damages

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

8.2 In the event of the breach of any obligation - for whatever legal reason - we are only liable for intent and gross negligence. In the case of simple negligence, we are only liable:

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

  • for damage resulting from the breach of a material contractual obligation (an obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.

8.3 The above limitations of liability also apply to breaches of obligations by persons whose fault we are liable for in accordance with statutory provisions. Claims under product liability law remain unaffected in all cases.

8.4 We do not participate in any dispute resolution proceedings before any consumer dispute resolution body.

Contact possibility

Please contact us if you have any questions, wishes or complaints by telephone on 00 800 10221022 (free) or by e-mail at the following e-mail address: service@marc-o-polo.com

Part C General Terms and Conditions for Participation in MARC O’POLO MEMBERS

Registration and scope of application

1.1 To participate in the Customer Loyalty Programme, you must have reached the age of 18 and agree to part A and C of these GTC. Participation in the Customer Loyalty Programme is free of charge for you.

1.2 MARC O’POLO provides all services, offers, content and other services in connection with the Customer Loyalty Programme (hereinafter jointly referred to as "Services") exclusively on the basis of these GTC and exclusively in the stores participating in the Customer Loyalty Programme. Brisk-and-mortar stores operated by us or by our sales partners (participating brick-and-mortar stores hereinafter collectively referred to as "Brick-and-Mortar Stores") participate in the Customer Loyalty Programme. An overview of the current individual Brick-and-Mortar Stores can be accessed at www.marc-o-polo.com/stores. There you have the option of displaying the nearest stores to a specified city or postcode. The Brick-and-Mortar Stores that participate in the Customer Loyalty Programme are identified by graphic icons in the overview of your search results in the store finder. The national stores operated by us in Germany, Austria, Switzerland, Belgium, France, the Netherlands, Poland, Romania and the Czech Republic which are accessible via the respective websites (see section A1.1.) or as Store Versions at the Physical Stores (referred to below as ‘participating national stores’) also participate in the Customer Loyalty Scheme. The Physical Stores and the participating national stores, including the Store Versions, are also referred to collectively as ‘Participating Stores’ below.

1.3 To register for the Customer Loyalty Programme, please complete the registration form provided for this purpose. Without completing the registration form, participation in the Customer Loyalty Programme is not possible. This also applies if you have received a temporary customer card (hereinafter referred to as "pre-card") in a Brick-and-Mortar Store although you have not previously registered. You can access the registration form in particular in one of our Country Shops or the Store Version in the Brick-and-Mortar Stores. If you would like to order from the participating national stores without signing up to the Customer Loyalty Scheme, you can place an order as a guest.

1.4 If your membership application is approved by MARC O’POLO, you will receive a welcome letter by email or post. This will contain log-in details for your customer account in the respective participating national store along with a welcome note. Upon receipt of this welcome letter, your membership in the loyalty program will begin.

1.5 You can prove that you are a member at the Physical Stores by presenting an electronic or physical customer card (credit card-sized) or by providing your details (name, date of birth and/or address). You can provide proof of membership at a participating national store by entering your log-in details (user name and password). You receive the customer card in credit card format by post at the beginning of your membership. We will also send you an electronic customer card by e-mail if you have consented to this.

1.6 MARC O’POLO only provides the Customer Loyalty Programme Services for products sold by the Participating Stores under the brands of the MARC O'POLO group companies.

Services provided as part of the Customer Loyalty Programme

MARC O'POLO in particular provides the members of the Customer Loyalty Programme with the Services described in this Section 2. Additional details regarding current Services can be found at www.marc-o-polo.com/members, where MARC O’POLO describes the components of the Customer Loyalty Programme in more detail.

2.1 Welcome package
You receive a welcome package by post when your membership begins. This in particular contains your customer card in credit card format and information on the content of our Customer Loyalty Programme.

2.2 Bonus points and vouchers

2.2.1 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:

Total bonus points collected within six monthsVoucher value
1 - 199EUR 10.00
200 - 399EUR 20.00
400 – 799EUR 40.00
800 – 1599EUR 60.00
ab 1600EUR 80.00

2.2.2 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.

2.2.3 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.

2.2.4 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.

Voucher valueMinimum total purchase value
EUR 10.00EUR 50.00
EUR 20.00EUR 75.00
EUR 40.00EUR 150.00
EUR 60.00EUR 200.00
EUR 80.00EUR 250.00

It is not possible to combine the voucher with other vouchers or have the voucher value paid out in cash. In the event that the customer returns all or part of the goods paid for with a voucher, a refund of the voucher is excluded.

2.3 Customer account

2.3.1 For each member, MARC O’POLO will open a customer account in the respective participating national store by asking you to save your personal information, enabling you to enjoy a more convenient shopping experience at the participating national store. As log-in details, MARC O’POLO uses the email address you provided when you registered for the Customer Loyalty Scheme and your chosen password.

2.3.2 If you are logged in to your customer account when you place an order, the contact details needed for the order will be pre-filled using the information saved in your customer account to make the process of ordering from the respective participating national store as simple as possible. In the personal area of your customer account you can update your contact data at any time and add further voluntary information. In addition, you can store an address book with different addresses that you would like to use for your orders, as well as track the status of your orders and your order history of completed orders in the Participating Stores. You can also set your preferred payment and shipping method as well as your preferred Brick-and-Mortar Store. In addition, you can manage your newsletter settings and other advertising consents individually according to your interests.

2.4 Extended ordering, reservation and return options

2.4.1 In the respective participating national stores, you have the option of reserving items which are in stock at a particular Physical Store to try on there. If and to the extent that the items have been deposited in the Brick-and-Mortar Store of your choice, you will receive confirmation of your reservation by e-mail, which will remain valid for three (3) working days from this date. Within these three (3) working days you can try on the reserved items in the selected Brick-and-Mortar Store, stating your name and reservation number. There is no obligation to purchase. If you do not pick up the deposited items within three (3) working days of confirmation of the reservation or if you decide against a purchase during the fitting, you lose the reservation entitlement. If you decide to make a purchase during the fitting, you must pay the purchase price to the Brick-and-Mortar Store where you pick up the items.

2.4.2 Furthermore, you can choose to have items which you order from the respective participating national store delivered to a Physical Store. If you order items from a participating national store for collection from a Physical Store but do not collect the items within ten (10) calendar days of being informed that they are ready for collection, the purchase contract will be cancelled automatically.

2.4.3 You also have the option of returning any items purchased from the respective participating national store by sending them back to the participating national store or taking them back to a Physical Store. This must be done within 30 calendar days of delivery to your chosen address. You only have the right to return items and receive a refund of the purchase price from us in our role as operator of the participating national stores if the original tag is intact and the item does not show any signs of use (e.g. marks). You are entitled to this right of return in addition to the right of withdrawal existing in the case of online purchases and your statutory right of withdrawal existing in this case remains unaffected.

2.4.4 Furthermore, we offer visitors to Physical Stores the option of ordering items online from the respective participating national store via a device in store. To do this, we access the Store Version, which you can use to log in to your customer account with your log-in data and go through the online ordering process. If you wish to place an online order without entering your log-in data for the customer account, we can alternatively log you in to your customer account if you can prove your membership by presenting official identification or by providing your data (name, date of birth and/or place of residence).

2.5 Exclusive shopping appointments
Members can arrange individual shopping appointments in the Brick-and-Mortar Stores, taking into account their preferred dates.

2.6 Personalised product information, exclusive events, promotions and surprises
MARC O’POLO will also send you exclusive offers and information about its own products and invitations to special events and promotions of MARC O’POLO or the Participating Stores by post. MARC O’POLO will, if you have consented to this, also send you the above mentioned marketing content by e-mail, text message or WhatsApp and personalise all information and invitations optimally on the basis of the information stored in the customer database. MARC O’POLO can also have birthday presents sent to individual members or deliver these to a Brick-and-Mortar Store for collection. As a special treat for selected members, MARC O'POLO can also have spontaneous surprises sent to these.

2.7 Customer hotline and programme information

2.7.1 In addition, a customer hotline is available to you, where you can inquire about your current number of points and other information, such as your membership, special events and promotions or new collections. In order to provide you with the best possible individual advice, the customer hotline staff can access your data stored in the customer database.

2.7.2 We also provide members with some information by post, e-mail or telephone if this is necessary to implement the Customer Loyalty Programme or the Services provided in this context (hereinafter referred to jointly as "Programme Communication"). Programme Communication in particular includes e-mails, telephone calls or information by post to confirm your registration, notify you about how many points you have collected or information on the organisational handling of your purchases or the Services used by you, e.g. notifying you that an order or reservation has arrived at a Brick-and-Mortar Store, clarifying any complaints or checkout errors, information on the alterations service or to arrange exclusive shopping appointments.

Customer card/card loss

3.1 The electronic or physical customer card in credit card format is given a personal member number allocated to the individual customer during the registration process and may not be transferred to third parties. If your customer card is lost, stolen or otherwise misplaced, you must inform MARC O’POLO by emailing service@marc-o-polo.com and/or calling 00800 1022 1022 (free service hotline).

3.2 You are solely responsible for any damage which arises due to you culpably failing to notify MARC O'POLO or notifying MARC O'POLO too late.

Termination and ending of membership

4.1 You can terminate your membership in the Customer Loyalty Programme at any time without having to observe a notice period by informing MARC O'POLO in writing.

4.2 MARC O’POLO can terminate membership in the Customer Loyalty Programme subject to observance of a notice period of 3 (three) months with effect at the end of a month. Termination for cause remains unaffected by this.

4.3 After you membership in the Customer Loyalty Programme ends, you are obliged to destroy the physical customer card in credit card format or send it back to MARC O'POLO or to hand it over in a Brick-and-Mortar Store requesting that it be destroyed. The electronic customer card becomes invalid.

Contact possibilities

5.1 You have the following contact possibilities for inquiries regarding the Customer Loyalty Programme:

MARC O’POLO Einzelhandels GmbH
Hofgartenstraße 1
83071 Stephanskirchen, Deutschland
Telefon: 00800 1022 1022 (free phone service number)
E-Mail: service@marc-o-polo.com