Terms of service
PART I: Terms and Conditions for Consumers
1. Scope of Application
These Terms and Conditions apply to all purchases made by consumers via our online shop.
For orders placed by business customers, only our separate business terms and conditions (see Part II) shall apply. We do not accept any conflicting or supplementary terms and conditions from business customers unless expressly agreed.
A consumer is any individual acting for purposes that are wholly or mainly outside their trade, business, craft or profession. A business customer is a person or entity acting for purposes relating to their trade, business or profession.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Innoport GmbH (hereafter “we” or “us”).
Product listings in our online shop do not constitute a legally binding offer, but rather an invitation to place an order. By clicking the “Place binding order” button during the final stage of checkout, you submit a legally binding offer to purchase the items listed in your order summary.
Immediately after placing your order, you will receive an order confirmation email. This email does not yet constitute acceptance of your offer. A binding contract is concluded when we explicitly accept the offer by email or dispatch the goods. Please check your spam folder regularly.
3. Ordering Process and Correction of Errors
You can add products to your shopping basket and adjust quantities or remove items at any time. When ready, click “Checkout” to proceed. You will enter your personal information, select a shipping and payment method, and see a summary page to review and correct any input errors. If you wish to cancel the process, simply close your browser. By clicking “Place binding order,” you submit a legally binding offer.
4. Contract Language and Storage
The available contract language is German.
The contract text will not be stored or accessible online after ordering, for data security reasons. We will email you a copy of your order details and our Terms and Conditions.
5. Delivery Conditions
Prices include VAT at the applicable rate but do not include shipping costs, which are shown during checkout.
We ship goods only by courier. Self-collection is not available.
We do not deliver to parcel lockers (“Packstationen”).
6. Subscription Orders
Some products may be offered on a subscription basis. By selecting a subscription, you instruct us to send you the selected products at regular intervals. Each delivery will be charged based on the selected payment method. The total price depends on the selected items and delivery frequency.
Subscriptions are ongoing, with no minimum term, and can be paused or cancelled by either party at any time after the second delivery. Cancellations must be sent to: support [at] trein-group.com. Any delivery already confirmed for dispatch before cancellation will still be charged.
7. Payment Methods
The following payment methods are available:
Bank Transfer (Advance Payment):
We will email our bank details after your order. Goods are dispatched upon receipt of payment.
Credit Card:
Your card is charged immediately upon order confirmation.
PayPal:
You must be registered with PayPal. Upon order placement, the amount will be debited immediately by PayPal. For more information, see the PayPal terms during checkout.
8. Vouchers, Discounts and Promotions
Discount Codes:
These are time-limited and issued by us. They apply to specific products, orders or shipping costs. Only one code may be used per order and cannot be combined with other discounts or gift vouchers.
Gift Vouchers (purchased):
Can be used over multiple orders until the full value is spent. Valid for 1 year from purchase.
Store Credit Vouchers (issued by us):
Non-transferable, not for sale, and not redeemable for cash. Valid for 1 year from issue.
Product Vouchers:
For specific products, issued by us, non-transferable, not redeemable for cash. Valid for 1 year.
If a minimum order value is required for a promotional gift and your return causes the order to fall below that threshold, the free gift must be returned.
9. Deal-Sharing Platforms
We reserve the right to exclude customers associated with deal-sharing platforms from promotional campaigns or offers.
10. Retention of Title
Goods remain our property until full payment is received.
11. Right to Cancel (Withdrawal)
You have the right to cancel your contract within 14 days without giving any reason, as per the Consumer Contracts Regulations 2013, subject to the following exceptions:
The right to cancel does not apply to:
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sealed goods not suitable for return due to health protection or hygiene reasons, once unsealed.
You may only return unopened, undamaged and originally sealed products.
To cancel your order, send a clear statement to us by email to: hallo [at] marcels.eu before the 14-day period expires.
Effects of cancellation:
If you cancel your order, we will refund all payments received, including standard delivery charges. You must bear the cost of returning the goods. Refunds are issued only if the returned goods are unopened, undamaged and in original packaging.
12. Transport Damage
Please report visible transport damage to the courier immediately and contact us as soon as possible. Failure to do so does not affect your legal rights, but helps us with insurance claims.
13. Warranty and Guarantees
Unless otherwise stated, statutory warranty rights apply.
Information about additional guarantees is provided with each product.
Under the UK Waste Packaging Regulations, we will take back non-obligatory packaging upon request. Please contact our office at THE GROUP c/o Innoport GmbH, Seeholzenstr. 2b, 82166 Gräfelfing, Germany.
Customer service is available Mon–Fri 9am to 4pm at +49 (0)89 12 41 73 61 or hallo [at] marcels.eu.
14. Liability
We accept liability for:
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wilful misconduct or gross negligence,
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negligent breaches of essential obligations (those enabling performance of the contract),
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injury to life, body or health.
In other cases, we are liable only for foreseeable and typical damages. We accept no liability for indirect or consequential loss, unless caused by wilful misconduct. Product liability remains unaffected.
15. Dispute Resolution
The European Commission provides an Online Dispute Resolution (ODR) platform.
We are not obliged nor willing to participate in dispute resolution before a consumer arbitration body.
16. Age Restrictions
By placing an order for age-restricted products (e.g. alcoholic goods), you confirm that you are of legal age. We may require age verification via ID or third-party services. If verification fails, we may cancel the order. You are liable for any damages arising from false age declarations.
17. Reviews
By submitting a review, you grant us a non-exclusive, worldwide, irrevocable, sublicensable and royalty-free licence to use, reproduce, translate, and publish your content, along with your submitted name (or anonymously), for advertising purposes. You confirm that you are the author and rights-holder of the submitted content.
You agree not to submit content that:
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is false, defamatory, obscene, unlawful, discriminatory, misleading, threatening or offensive;
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violates privacy or intellectual property rights;
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promotes violence, illegal activity or political campaigns;
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contains malware or spam.
We reserve the right to remove content at our discretion. You may modify or delete your reviews at any time.
PART II: Terms and Conditions for Business Customers
1. Scope of Application
(1) These Terms and Conditions govern all deliveries, services and offers provided by Innoport GmbH (hereafter “Seller”) to business customers. They are part of all contracts concluded between the Seller and its customers (hereafter “Buyer”) for the supply of goods or services.
(2) These terms apply exclusively to business entities. A “business customer” is any person or entity acting for purposes related to their trade, business, or profession.
(3) Conflicting or supplementary terms from the Buyer shall not apply unless expressly agreed in writing. Reference to a Buyer’s terms in correspondence or acceptance does not constitute consent.
2. Offers and Contract Formation
(1) All offers by the Seller are non-binding unless explicitly marked as binding or include an acceptance deadline.
(2) A Buyer’s order constitutes a binding offer. Unless otherwise stated, the Seller may accept this offer within 14 days.
(3) Only the written contract (including these Terms) shall govern the legal relationship between the Seller and the Buyer. Prior oral agreements are superseded.
(4) Amendments or modifications require written confirmation (email is sufficient). Only directors or persons with power of attorney are authorised to make binding oral agreements.
(5) Product specifications (weights, dimensions, etc.) are approximate unless exact conformity is essential. Customary deviations or improvements are permitted unless they affect contract performance.
(6) Each order is treated as a separate transaction. No ongoing obligation is created unless expressly agreed. The Seller is not obligated to accept future orders.
3. Prices and Payment
(1) Prices apply to the goods/services listed in the order confirmation. Additional services are charged separately. Prices are in GBP (or EUR if agreed), excluding delivery charges, duties or taxes unless stated otherwise.
(2) For deliveries more than 4 months after the order date, current prices at dispatch may apply.
(3) Invoices are payable within 14 calendar days unless otherwise agreed. Payment is deemed received when credited to the Seller’s account.
(4) After this period, the Buyer is in default and interest will be charged at the statutory rate. Additional costs may be claimed. Commercial interest under the Late Payment of Commercial Debts (Interest) Act 1998 may apply.
(5) Set-offs or withholdings are only permitted for undisputed or legally confirmed claims arising from the same contract.
(6) If the Buyer’s creditworthiness deteriorates, the Seller may request prepayment or security for further deliveries.
4. Delivery and Timeframes
(1) Deliveries are made ex works unless otherwise agreed.
(2) Delivery times are approximate unless fixed deadlines are agreed. Deadlines refer to handover to the carrier.
(3) If the Buyer delays performance (e.g., payment), delivery dates may be extended accordingly.
(4) The Seller is not liable for delays or impossibility caused by force majeure or events beyond its control (e.g., strikes, supply chain failures, pandemics). If performance becomes permanently impossible, either party may withdraw.
(5) Partial deliveries are allowed if reasonable for the Buyer and do not incur additional costs (unless covered by the Seller).
(6) The Seller enters default only after a formal reminder from the Buyer.
(7) In the case of delay or impossibility, liability is limited as per Clause 8.
5. Place of Performance, Shipping, Risk Transfer, Storage
(1) Place of performance is the Seller’s registered office unless otherwise agreed.
(2) Shipping method and packaging are at the Seller’s discretion.
(3) Risk passes to the Buyer upon handover to the carrier, or if delivery is delayed due to the Buyer’s fault, from the time the goods are ready for shipment.
(4) Storage costs after risk transfer are borne by the Buyer. If stored by the Seller, costs are 0.25% of invoice value per week.
(5) Insurance is only provided upon the Buyer’s request and at their expense.
(6) Goods are deemed accepted if:
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delivery is complete,
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10 business days pass after delivery without objection, or
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the Buyer uses the goods and 7 days pass without objection,
unless the Buyer raises a defect that prevents or significantly limits use.
6. Warranty for Defects
(1) For non-food products, the warranty period is 12 months from delivery. For food items, the warranty ends upon delivery unless the Buyer can prove proper storage through to expiry.
(2) The Buyer must inspect the goods upon delivery and report visible or detectable defects promptly in writing. Hidden defects must be reported promptly upon discovery.
(3) Failure to notify defects timely waives the right to warranty claims.
(4) For valid defects, the Seller may choose between repair or replacement. If this fails, the Buyer may reduce payment or cancel the contract.
(5) If the defect results from the Seller’s fault, the Buyer may claim damages per Clause 8.
(6) No warranty is provided for modifications made by the Buyer or third parties without consent.
7. Intellectual Property Rights
(1) The Seller warrants that the delivered goods do not infringe third-party IP rights. The Buyer must notify the Seller if any claims arise.
(2) If infringement occurs, the Seller may, at its discretion, modify the product or obtain a licence. If unsuccessful, the Buyer may cancel the contract or demand a price reduction. Damages are governed by Clause 8.
(3) For third-party products, the Seller may assign claims against the manufacturer to the Buyer. The Seller is only liable if legal enforcement against the supplier fails.
8. Limitation of Liability
(1) The Seller is liable only for wilful misconduct or gross negligence.
(2) For slight negligence, liability is limited to breaches of essential contractual obligations (cardinal duties), and damages are limited to typical, foreseeable losses.
(3) No liability is accepted for indirect damages, including lost profits, unless caused by gross negligence.
(4) In cases of minor negligence, the Seller’s liability for property damage is limited to twice the net purchase price per event.
(5) The Seller is not liable for events beyond its control (force majeure).
(6) Liability for death, personal injury or under the UK Consumer Protection Act remains unaffected.
(7) These exclusions apply equally to the Seller’s employees and legal representatives.
(8) The above limitations do not apply to intentional conduct, guaranteed characteristics, injury to life/body/health or mandatory product liability.
9. Limitation Period
(1) Claims for damages must be brought within 12 months of the claimant becoming aware of the issue, unless caused by intent or gross negligence. Claims for injury or product liability remain subject to statutory limitation periods.
10. Retention of Title
(1) Goods remain the property of the Seller until all amounts due under this or previous contracts are paid in full.
(2) The Buyer may resell goods in the ordinary course of business but must assign claims arising from resale to the Seller.
(3) The Buyer must inform the Seller immediately of third-party claims, including insolvency or seizures.
(4) If goods are combined with other items, the Seller acquires co-ownership proportionally.
(5) If the Buyer breaches the contract (e.g. non-payment), the Seller may repossess the goods.
11. Final Provisions
(1) The exclusive place of jurisdiction for all disputes is the Seller’s registered office (currently Germany), unless mandatory UK consumer protection rules apply.
(2) The law of England and Wales applies to all contracts with UK-based Buyers, excluding the UN Convention on the International Sale of Goods (CISG).
(3) If any part of these Terms is invalid, the remaining provisions remain enforceable. The parties shall replace the invalid provision with a valid one reflecting the commercial intent.