Terms and Conditions

FOR SALE OF PRODUCTS THROUGH THE ONLINE STORE WWW.EMARLENKA.CZ

1. INTRODUCTORY PROVISIONS

These terms and conditions govern any purchase of a Product in the Online Store and are therefore part of any Purchase Agreement concluded through the Online Store. Please read these terms and conditions in detail, as they set out all your rights and duties in connection with the purchase of a Product from the Online Store, including, but not limited to, the terms of delivery of the Product and the option of withdrawal from a Purchase Agreement.

2. OPERATOR

The seller and operator of the Online Store is MARLENKA shop s.r.o., registered office: No. 230, 739 55 Smilovice, business ID number: 06213359. E-mail address: info@emarlenka.cz, contact telephone number: 778 982 664.

3. DEFINITIONS OF TERMS

Any capitalized terms in these terms and conditions have the meanings set forth below:

(a) the Online Store is the online store on the website www.emarlenka.cz;

(b) the Purchase Agreement is an agreement for the purchase of a Product in the Online Store concluded between the Seller and the Customer based on the Customer’s Order;

(d) the Order is an electronic order for a Product completed by the buyer on the Online Store’s website; the order is regarded as properly completed if it includes all fields marked as mandatory;

(e) the Seller (or We) is the operator of the Online Store referred to in Article 2, above;

(f) the Consumer is a natural person who does not conclude the Purchase Agreement in the course of his/her business activities;

(g) the User Account is the web interface setting of the Online Store defined by the Customer with secure access based on the user name and password;

(h) the Customer (or You) is the person who concludes the Purchase Agreement with the Seller for the Product based on the Order;

(i) the Product is any Product offered in the Online Store, in particular Marlenka products and other goods offered on the Online Store.

4. USER ACCOUNT

(a) The Customer creates his/her User Account by entering the required data in the registration form in the Online Store and clicking on the “Register” button. By clicking on this button, the Customer also confirms the accuracy and veracity of the data entered. The Customer is obliged to update the entered data in his/her User Account in case of any change.

(b) Access to the User Account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding login credentials for his/her User Account; he/she must keep such data so that they are not available to others and may not allow other persons to use his/her User Account.

(c) If the Customer does not use his/her User Account for more than 3 months or breaches his/her duties under the Purchase Agreement (including these terms and conditions of business), the Seller may terminate the Customer’s User Account; for the avoidance of doubt, it is stated that in such case the Customer may open a new User Account.

(d) The Seller may temporarily limit the availability of the Customer’s User Account, in particular in the case of maintenance of hardware or software.

5. CONCLUSION OF PURCHASE AGREEMENT

(a) The Customer may order Products from the Online Store through his/her User Account.

(b) The offering of the Products on the Online Store website does not constitute an offer to enter into a Purchase Agreement; all Purchase Agreements are concluded only based on the Customer’s Order.

(c) If the buyer is interested in purchasing a Product, he/she must complete all the mandatory Order data and send the completed Order to the Seller by clicking on the “Send order” button. Please note that by sending an Order the Customer confirms that he/she has familiarized him/herself with these terms and conditions.

(d) The Seller immediately confirms receipt of the Order by e-mail to the Customer’s e-mail address specified in the Order or via the User Account; however, such confirmation does not constitute acceptance of the Order.

(e) Depending on the Order’s content (the purchase price), the Seller is entitled to ask the Customer for additional confirmation of the Order (for example in writing or by telephone). If the buyer fails to provide additional confirmation of the Order, the Seller is entitled to require payment of the full purchase price before dispatching the Product to the buyer.

(f) For the avoidance of doubt, it is stated that Orders cannot be considered accepted simply by being delivered to the Seller; acceptance by the Seller is always required for the conclusion of the Purchase Agreement. The Seller may accept the Order either electronically via e-mail or the User Account or directly by dispatching the Product ordered to the Customer. The Purchase Agreement is concluded on the day of such acceptance between the Seller and the buyer for the Product specified in the Order.

(g) If the Seller is unable to accept the Order (for example, due to a change in the price of the ordered Product, because it is out of stock, etc.), it will notify the Customer without undue delay, but no later than 10 days after receipt of the Order. For the avoidance of doubt, however, it is stated that the Seller’s delay in sending the rejection of the Order to the Customer within the stated period does not mean automatic acceptance of the Order.

(h) The Customer must notify the Seller without delay of any request for change or cancellation of the Order and further action will be agreed. However, any change or cancellation of the Order will not be made after the conclusion of the Purchase Agreement (i.e. in particular after the sending of acceptance of the Order to the Customer). In the event of cancellation of an Order by a Customer who is an entrepreneur, if the Product was specifically ordered from its supplier for such Customer, the Seller is only obliged to refund to the Customer 75% of the total price of the Product in respect of which the cancellation occurred; the Seller will retain the remaining 25% of such price to cover the costs associated with the delivery of such Product, its transport and other similar costs.

6. PRODUCT PRICE AND OTHER COSTS

(a) Prices are always shown on the relevant Online Store website in relation to individual Products, as final prices. The price of the Product may change from time to time and the price specified in the Order applies to the purchase of the Product. The price specified in the Order may be changed only if the amount of value added tax corresponding to such change occurs between the date such Order is sent to the Seller and the date the Purchase Agreement is concluded.

(b) In the event that the price of the Product is marked as promotional at the time of ordering, it only applies for a certain period of time specified on the Online Store. If, for any reason, the Product cannot be delivered at such price, the Seller will notify the Customer without undue delay and, if possible, allow the Customer to order it at a new price; otherwise, the Seller will refuse the Order.

(c) Upon payment of the price for the Product, but no later than at the same time as the Product, the relevant invoice issued based on the billing data provided by the Customer in the Order will be delivered to the buyer. The invoice will be sent electronically to the Customer’s e-mail address specified in the Order or in the User Account.

(d) The price stated for Products marked as “Pre-Order” is based on calculations made at the time the Product was established. In such cases, the price depends mainly on the current conditions at the supplier and currency exchange rates. Both these factors are not constant and may force the Seller to change the originally stated price of such Product. The Seller reserves the right, depending on the factors described, to change the price of the Product from the one originally quoted, even though the Customer has already ordered it.

7. PRODUCT DELIVERY AND PAYMENT TERMS AND CONDITIONS

(a) The buyer may pay the price for the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:

by wire transfer to the Seller’s bank account no. 2502514086/2010, with Fio banka, a.s.;

by payment card;

by wire transfer to the Seller’s account through the Comgate payment gateway;

in cash or by payment card when collecting consignments in person.

Together with the purchase price, the buyer is obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.

(b) In the event of payment in cash, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the Purchase Agreement.

(c) In the case of payment through a payment gateway, the buyer follows the instructions of the relevant electronic payment provider.

(d) In the case of a cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s bank account.

(e) The Seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before shipment of the goods is not an advance.

(f) The goods are delivered to the buyer:

at the address specified by the buyer in the Order;

through a consignment issue point at the address of the issue point designated by the buyer;

by personal collection at the Seller’s premises.

(g) The choice of delivery method is made during the goods ordering process.

(h) The costs of delivery of the goods, depending on the method of dispatch and receipt of the goods, is stated in the buyer’s Order and in the Seller’s Order confirmation. In the event that the mode of transport is agreed based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

(i) If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the buyer in the Order, the buyer is obliged to accept the goods upon delivery. In the event that for reasons on the buyer’s part it is necessary to deliver goods repeatedly or in a different way than stated in the Order, the buyer is obliged to pay the costs associated with repeat delivery of the goods, or the costs associated with another method of delivery.

(k) Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorized access to the consignment, the buyer does not have to accept the shipment from the carrier.

(l) The Seller issues a tax document – invoice to the buyer. The tax document is sent to the buyer’s e-mail address.

(m) The buyer acquires an ownership right to the goods by paying the full purchase price for the goods including delivery costs, but no earlier than when taking delivery of the goods.

(n) Liability for accidental destruction, damage or loss of the goods passes to the buyer at the moment of receipt of the goods or at the moment the buyer is obliged to accept the goods, but does not do so in violation of the Purchase Agreement.

8. DISCOUNT COUPONS AND OTHER DISCOUNTS

(a) Any discounts (including discounts based on discount coupons) that the Customer is entitled to apply may only be applied under the following conditions:

(i) in accordance with the rules of the relevant discount promotion as set out on the Online Store’s website or directly on the relevant discount coupon;

(ii) no discount may be applied to a Product that has already been discounted and, if more than one discount has been provided, they cannot be combined with each other, unless otherwise specified by the Seller in the particular case;

(iii) any discount (including a discount coupon) may only be applied once, unless otherwise specified by the Seller in a particular case; if the value of the discount or discount coupon is higher than the price of the ordered Product, the right to the discount in the remaining amount ceases.

(b) In the event a discount coupon or other discount is applied in violation of the rules under the preceding paragraph, the Seller will notify the Customer of such fact and, if possible, allow the Customer to order the Product at full price; otherwise, the Seller will refuse the Order.

(c) For the avoidance of doubt, it is stated that the Seller is not obliged to accept any Order regarding which any discount or discount coupon has been applied, as in the case of any other Order.

9. WITHDRAWAL BY THE CUSTOMER

(a) Withdrawal from the Purchase Agreement pursuant to paragraph (a) may not be made in relation to a Product that has been unpacked, used or otherwise impaired by the Customer after delivery.

(b) Unless otherwise stated above, the Consumer may withdraw from the Purchase Agreement within 14 days of the date of delivery of the Product to the Customer (or the date of delivery of the last part thereof, if the Product is delivered in more than one delivery); this period is complied with if withdrawal is sent to the Seller by the last day. The buyer is entitled to withdraw from the Purchase Agreement in part, i.e. only in respect of certain Products under a Purchase Agreement.

(c) For the avoidance of doubt, it is stated that Customers that are not Consumers may not withdraw from the Purchase Agreement under the preceding paragraph

(d) The buyer may withdraw from the Purchase Agreement by sending a notice of withdrawal to the e-mail address info@emarlenka.cz or via the Online Store website, using the contact form in the “Contact” section, or using a sample form provided by the Seller upon request.

(e) In the event of withdrawal, the relevant Product must be returned to the Seller without undue delay and in any event not later than 14 days after the date on which the withdrawal from the Purchase Agreement occurred. The costs of returning the Product are borne by the Customer, even if the Product cannot be returned to the Seller by normal means due to its nature.

Goods must be sent to the address: Dextrum Fulfillment, a.s. Kirilovova 181, 739 21 Paskov. Please attach a proof of purchase of the goods or a printed electronic proof of purchase to the Product, to the extent possible.

(f) The price paid for the Product in respect of which the withdrawal occurs, including all associated shipping costs and fees, will be refunded to the Customer no later than 14 days after the date on which the Product is returned, in the same manner as the Seller accepted the price from the Customer. The Seller is also entitled, if the Customer agrees, to refund the price paid for the Product by means of special gift vouchers (Loyalty Points/Credit), which can be used according to the terms and conditions of the Loyalty Points/Credit service.

(g) If the Product’s value decreases for any reason during the period before its return, the Customer will reimburse the Seller for the corresponding amount in money. In the event that the Product is damaged, the Customer is obliged to compensate for this, the Seller is entitled to unilaterally set off its claim for damages against the Customer’s claim for the refund of the price for the Product.

(h) If a gift is provided to the Customer together with the Product, the gift agreement between the Seller and the Customer is concluded with a subsequent condition that, if the Customer withdraws from the Purchase Agreement, the gift agreement in respect of such gift ceases to have effect and the Customer is obliged to return the gift provided to the Seller together with the Product.

10. WITHDRAWAL BY THE SELLER

(a) The Seller may withdraw from the Purchase Agreement in the event of a manifestly incorrect price for the Product specified in the Order (i.e. a price that is substantially lower than the normal market price for such Product (including typing errors, decimal points and the like), unless such price is marked as promotional or it is apparent that it is an extraordinary discount).

11. CREATING A COMPLAINT

(a) You may hand over the purchased goods for a complaint to Dextrum Fulfillment, a.s. Kirilovova 181, 739 21 Paskov; tel. no.: 778 982 664; info@emarlenka.cz

(b) Delivery by post

If you send purchased goods for a complaint by post or courier, please state our address on the shipment: Dextrum Fulfillment, a.s. Kirilovova 181, 739 21 Paskov

Opening hours of the establishment are every working day between 7 a.m. and 4 p.m. Unfortunately, it is not possible to accept a shipment outside these hours.

(c) Include a cover letter in your shipment stating the reason for the complaint about the product. In addition, please include a copy of the invoice or data by which we will be able to identify your purchase (the name in which the Order was made).

Furthermore, in the cover letter, please specify how we should proceed if the complaint is accepted, i.e. whether you require an exchange of the goods or a refund. In case of a refund request, please provide the account number to which we should transfer the amount. Please also do not forget your contact details, such as your e-mail address and telephone number, so that we can keep you informed of the complaint process.

12. PRODUCT DEFECTS

(a) The buyer is obliged to follow the manufacturer’s instructions on the packaging or the operating manual when handling the Product. Please note that, in the event of improper use of the Product, a claim may not be accepted.

(b) The buyer is obliged to inspect the Product upon receipt or immediately thereafter and, at this time, satisfy him/herself of its properties and quantity and complain to the Seller about any visible or other obvious defects without undue delay. If such a defect is not complained about in time by a Customer who is not a Consumer, any related rights arising from defective performance (including rights arising from the quality warranty) terminate.

(c) The Seller is responsible to Customers who are Consumers for the Product being free from defects upon delivery to the Customer and having properties pursuant to Section 2161 of the Civil Code.

(d) A warranty for the Product’s quality is provided only if such warranty is provided by the Product’s manufacturer based on a warranty certificate (or other warranty declaration) issued by such manufacturer or distributor accompanying the Product at the time of delivery to the Customer.

(e) In the other cases not mentioned above, the rights under defective performance pursuant to the Civil Code apply only in respect of defects that a Product already had on the date of its delivery to the Customer (even if they manifested later) or defects that arose later but as a result of the Seller’s breach of duties.

(f) If, at a time the Seller is liable for defects and if a warranty for the quality of the Product is provided, a defect in the Product is found to be associated with a right under the Civil Code or the relevant warranty certificate, the Customer may:

(i) in the case of a quality warranty provided by the Product’s manufacturer, exercise the rights set forth in the relevant warranty certificate (or other warranty declaration) and, in the absence of such rights, the rights set forth below;

(ii) request correction of the defect or a reasonable discount on the purchase price paid;

(ii) in the event of a material defect in the Product (where a material defect is also considered to be a non-material defect that cannot be repaired or whose repair would be uneconomical or that occurs after its repair repeatedly, at least three times), also request replacement of the Product or withdraw from the Purchase Agreement;

(iii) exercise other rights under defective performance arising from the relevant provisions of the Civil Code.

(g) The relevant right under defective performance pursuant to the preceding paragraph must be exercised vis-a-vis the Seller at the same time as a complaint about the relevant defect or without undue delay, but no later than three days after its claiming. The choice of a right under defective performance pursuant to this article may not be subsequently changed without the Seller’s consent, except in cases where the Customer has chosen a repair, which proves to be impracticable, or its performance is not economical.

(h) If the Customer fails to make a choice of rights under defective performance pursuant to the previous paragraph in time, the Customer loses the option of choosing rights due to material defects. In other cases, the relevant provisions of the Civil Code will be followed, in particular the Seller may, at its discretion, repair a defective Product or replace it with a new one.

(i) A complaint about a defect and the choice of a right under defective performance must be exercised vis-a-vis the Seller at the address of its registered office, unless the warranty certificate for the relevant Product states authorized service centres, in which case a complaint may be made at any such service centre. The complaint must contain a specific description of the defect complained about and the circumstances in which it was ascertained, must include the Customer’s contact details, including e-mail address, and must also be accompanied by a proof of purchase of the Product in the Online Store.

(j) Upon receipt of the relevant Product, the Seller will issue a complaint record describing the defect complained about and the date of the complaint. In the case of a complaint made by post, the record will be sent to the Customer’s e-mail address specified in the complaint no later than 24 hours after receipt of such complaint.

(k) The Seller will always endeavour to deal with a complaint in the shortest possible time, always within 30 days of its receipt. If the complaint is not dealt with by the set deadline, the Consumer is entitled to proceed as in the case of a material defect (see paragraph (f)(ii), above). The Customer will be informed of the resolution of the complaint in the manner agreed with the Seller and, if not agreed, by e-mail to the address specified in the complaint; such notification will also specify a reasonable time for collection of the Product. In the event that the Customer is in default collecting the Product during this period, the Customer is obliged to pay the Seller a storage fee in an appropriate amount corresponding to the Product’s size. If the Customer fails to collect the Product within an additional period of time, based on notification by the Seller of the option of selling the uncollected Product, the Seller may sell the Product.

(l) Rights under defective performance may not be exercised in relation to a Product that was sold at a lower price due to a defect for which such lower price was agreed, in relation to normal wear and tear on the Product caused by its normal use, in relation to a used Product in relation to defects corresponding to the degree of use or wear and tear that the Product had at the time it was received by the Customer, or if it is due to the Product’s nature.

13. PERSONAL DATA

(a) Any personal data provided by the Customer to the Seller in connection with the conclusion of the Purchase Agreement must be correct and complete.

(b) The Seller processes Customers’ personal data for the purposes of performance under Purchase Agreements, including the exercise of rights arising under defective performance, for the purpose of maintaining a User Account and for other purposes specified in this article, even after the conclusion of the Purchase Agreement. These personal data will be processed in particular to the extent of the first and last name, home address or delivery address, business ID number and tax ID number, telephone number and e-mail address, or other personal data that the Customer provides to the Seller when concluding a Purchase Agreement. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.

(c) The Seller enables Customers to access their personal data and, if the personal data processed are inaccurate or are processed in violation of Act No. 101/2000 Coll., on personal data protection, as amended, it will, at the Customer’s request, take the necessary corrective actions and inform the Customer of their implementation. The Customer may change his/her personal data on the Online Store website in the “Login” section.

(d) The Customer consents to the Seller handing over his/her personal data to third parties for the purpose of their processing to the extent and under the conditions set out herein. The Customer further consents to the Seller using his/her personal data for the purpose of offering goods or services, either itself or by allowing its business partners to use such data; the Customer may withdraw this consent at any time.

(e) The Customer agrees to the storage of cookies on his/her computer. In the event that it is possible to make a purchase in the Online Store and fulfil the Seller's obligations under the Purchase Agreement without such storage of cookies, the Customer may withdraw consent under the preceding sentence at any time.

14. FINAL PROVISIONS

(a) The Purchase Agreement and any rights and duties of the parties under are governed by Czech law, in particular the relevant provisions of the Civil Code.

(b) The Seller is not bound by any codes in relation to the Customer.

(c) All disputes between the parties arising out of or relating to the Purchase Agreement will be submitted to the competent court in the Czech Republic for a decision.

(d) The Czech Trade Inspection Authority is competent to resolve consumer disputes under the Purchase Agreement, registered office: Štěpánská 567/15, 120 00 Prague 2, business ID number: 000 20 869, website: http://www.coi.cz.

(e) The Purchase Agreement supersedes all communications, negotiations and arrangements (regardless of their form) made between the parties prior to its conclusion and contains the entire agreement of the parties on its content; the parties’ rights and duties will not be further derived over the framework of the Purchase Agreement from established practice or any commercial practices.

(f) The provisions of the Civil Code regarding contracts concluded by adhesion, changes in circumstances or disproportionate curtailment and their consequences do not apply to Purchase Agreements with Customers who are entrepreneurs. The Purchase Agreement will not be construed in accordance with the Civil Code rule on interpretation to the detriment of the person who first used a term.

(g) In the event that any provision of these terms and conditions is or becomes invalid or ineffective, the other provisions of these terms and conditions and the Purchase Agreement remain valid and effective. The parties will replace an invalid or ineffective provision with a valid and effective provision that corresponds best in its content and meaning to the content and meaning of the original provision.

(h) The Customer may not assign the Purchase Agreement or the rights or duties thereunder to a third party without the Seller’s prior written consent.

(i) The Purchase Agreement is archived by the Seller in electronic form

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