General Terms and Conditions

I. Basic Provisions

These general terms and conditions of business (hereinafter the “Terms and Conditions”) of Marieli, a.s., registered office: U Nesypky 1255/3, Smíchov, 150 00 Prague 5, business ID number: 10941789, registered with the Municipal Court in Prague, section B, entry 26417, e-mail address: info@marieli.cz, telephone number: +420 604 213 726, registered office address: MARIELI, U Nesypky 1255/3, Smíchov, 150 00 Prague 5, (hereinafter “We”, “Us” or the “Seller”) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”), the mutual rights and duties of you, as buyers, and Us, as Sellers, arising in connection with or based on a purchase contract (hereinafter a “Purchase Contract”) concluded through the e-shop on the website https://www.marieli.cz, (hereinafter the “E-shop”).

All information about the processing of your personal data is contained in the Privacy Policy, which can be found here.

The E-shop focuses on offering and selling bed linen and other household textiles.

The provisions of the Terms and Conditions are an integral part of a Purchase Contract. Differing arrangements in a Purchase Contract will prevail over the provisions of these Terms and Conditions.

These Terms and Conditions are prepared in Czech, Slovak and English. A Purchase Contract can be concluded in Czech, Slovak or English.

II. Information about Goods and Prices

1. Information about the goods, including the prices of individual goods and their main characteristics, is given in the description of the specific goods in the E-shop catalogue. The prices of goods are inclusive of value added tax and all related charges. The prices of goods remain valid as long as they are displayed in the E-shop. This provision does not preclude the agreement of a Purchase Contract under individually agreed conditions.

2. All presentations of goods placed in the E-shop catalogue are informative and MARIELI is not obliged to conclude a Purchase Contract regarding such goods.

3. Information about the costs associated with packaging and delivery of goods is published in the E-shop. Information on the costs associated with packaging and delivery of goods stated in the E-shop is valid only in cases where the goods are delivered in the Czech Republic.

4. Any discounts on the purchase price of goods cannot be combined with each other, unless you, as a customer, agree otherwise with MARIELI.

III. Order and Conclusion of Purchase Contract

1. You pay the costs you incur when using means of remote communication in connection with the conclusion of a Purchase Contract (cost of internet connection, telephone call costs). These costs do not differ from the standard rate.

2. You can order goods in the following ways:

through your customer account if you have previously registered with the E-shop;
by filling in an order form without registration.

3. When placing an order, you select the type of goods, the number of items, the method of payment and delivery and any extra services that are in the MARIELI E-shop.

4. Before final order confirmation, you are allowed to check and change the information you enter into an order. You send Us an order by clicking on the button “ORDER WITH PAYMENT OBLIGATION”, by which you send a binding order and undertake to pay the price of the goods ordered and any cost of the selected type of transport or payment method. A condition for the execution and validity of an order is the completion of all mandatory data in the order form and your confirmation that you have read these Terms and Conditions. We consider the information you provide in your order to be true and correct.

5. Upon receipt of your order, We will send you a confirmation of receipt to the e-mail address you input when ordering or during your registration. This confirmation is automatic and is considered to be the conclusion of a Purchase Contract.

6. If We cannot fulfil any of the requirements stated in an order, We reserve the right to withdraw from a Purchase Contract, which We will inform you of immediately; We will also send an alternative proposal to your e-mail address. An amended offer is considered a new draft Purchase Contract and in such case a Purchase Contract is concluded by your confirmation of acceptance of this offer sent to the e-mail address: info@marieli.cz.

7. All orders received from you are considered binding. You may cancel an order until you receive notification of receipt of your order. You can cancel your order by sending an e-mail to info@marieli.cz.

8. In the event that there was an obvious technical error in the MARIELI E-shop when stating the price of goods or during the ordering process, We may withdraw from a Purchase Contract even though you were sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions, and We are not obliged to deliver the goods to you at such clearly erroneous price. In such case, We will inform you of the error and withdrawal from the Purchase Contract without undue delay and send an amended offer to your e-mail address. An amended offer is considered a new draft Purchase Contract and a Purchase Contract is concluded by your confirmation of receipt to info@marieli.cz.

IV. Customer Account

1. Based on your registration in the MARIELI E-shop, you can access your customer account, from which you can place orders for goods. However, registration is not mandatory. You can also place orders in the MARIELI E-shop without registering.

2. When you register for a customer account and order goods, We consider the information you provide to be true and correct. Therefore, you are obliged to state the necessary information correctly and truthfully and update it when it changes.

3. Access to your customer account is secured by a username and password. You are required to maintain confidentiality regarding the credentials necessary to access your customer account and are not entitled to allow third parties to use your customer account. MARIELI is not responsible for any misuse of a customer account by third parties.

4. We are entitled to terminate your customer account, especially if you have not used your customer account for more than 2 years, or if you breach your duties under a Purchase Contract or these Terms and Conditions.

5. Please note that your customer account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software for the MARIELI E-shop, or the necessary maintenance of third-party hardware and software.

V. Terms and Conditions of Payment

1. The price of goods and any costs associated with the delivery of goods under a Purchase Contract can be paid as follows:

by bank transfer to our bank account number:
CZK account: 2202059413/2010;

EUR account: 2502059415/2010;

both with FIO banka, a.s.;

by credit card via the Shoptet Pay payment gateway.

2. Together with the purchase price, you are obliged to pay Us the costs associated with packaging and delivery of goods in the agreed amount, unless expressly stated otherwise below. Unless expressly stated otherwise below, the purchase price also includes the costs associated with the delivery of goods.

3. For payment through the payment gateway, follow the instructions of the relevant electronic payments provider.

4. In the case of a cashless payment, your obligation to pay the purchase price is fulfilled when the relevant amount is credited to our bank account, within 7 days of the conclusion of a Purchase Contract. Please state the variable symbol when making a payment. Payment details will come with your order confirmation.

5. Regardless of the payment method you choose, We are entitled to request payment of the full purchase price for the goods you order before dispatching the goods. Payment of the purchase price before shipment of the goods is not an advance payment.

6. According to the Act on Records of Sales, We are obliged to issue you a tax document. In addition, We are obliged to register payment received for sales with the tax administrator online, in case of technical failure within 48 hours at the latest.

VI. Delivery of Goods by Carrier

1. We will send the goods to the address you specify via the carrier you choose when ordering goods.

2. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is stated in your order and in the order confirmation. In the E-shop, We also offer a certain order price threshold where free shipping can be obtained. This follows the current information when ordering goods or in another informative part of the E-shop. If such order amount threshold is set, from which shipping is free, you pay shipping costs up to such threshold. If the method of transport is agreed based on your special request, We do not bear the risk for any additional costs associated with this method of transport.

3. If you want a change to the delivery date or time, please arrange this change directly with your chosen carrier.

4. If, according to a Purchase Contract, We are obliged to deliver goods to your specified place of ordering, you are obliged to accept the goods upon delivery at the advised time and date. In the event it is necessary for reasons on your part for an additional attempt at delivery of goods to be made or for them to be delivered in a different method to that stated in an order, you are also obliged to pay the costs associated with repeated delivery of goods, or the costs associated with another method of delivery.

5. Upon receipt of a shipment from a carrier, you are obliged to check the integrity of the shipment’s packaging and notify the carrier immediately in case of any defects. Dents in the box or damage to corners caused by shipment are not considered damage to a shipment. In the event of a breach of shipment packaging indicating unauthorized opening of the shipment or a significantly damaged shipment, you are not obliged to accept the shipment from the carrier. In such case, you fill out a claim form with the carrier, which you send to Us within 24 hours at info@marieli.cz and you also inform Us of this situation immediately,

6. You acquire ownership of goods by paying the full purchase price for goods, including delivery costs, but no earlier than receipt of the goods. Liability for accidental destruction, damage or loss of goods passes to you at the moment of receipt of goods or at the moment you are obliged to take delivery of goods but do not do so in conflict with a Purchase Contract.

VII. Withdrawal from Contract

1. This Article VII of the Terms and Conditions applies only if you have concluded a Purchase Contract as a buyer who is a consumer. In such case, you have the right to withdraw from a Purchase Contract within 14 days of the date of receipt of goods without giving any reasons.

2. Please note that as a buyer you cannot withdraw from a Purchase Contract in the cases specified in Section 1837 of the Civil Code, especially if the goods were modified according to the consumer’s wishes or for his/her person, or if the goods were delivered to you in sealed packaging, you removed them from the packaging and they cannot be returned for hygienic reasons.

3. In such case, by this deadline please supply Us with a declaration of withdrawal from the Contract together with the goods, sent to the address of our registered office indicated in the MARIELI contact details. For these purposes, please use the form for return of goods that you received together with your tax receipt after confirming your order, sent to the e-mail address you provided.

4. Returned goods must be in original condition, not used or damaged in any way, with all labels in the original packaging.

5. The cost of returning goods is borne by MARIELI. Do not send returned goods cash on delivery, as We are unable to accept them and the goods will come back to you.

6. Upon receipt of returned goods, after evaluating them, especially in terms of possible wear and tear or damage, We will send the purchase price for the goods to the account you specify within 14 days of withdrawal from the Contract.

7. Please note that in the event that wear and tear, damage or contamination of the goods is discovered, We are entitled to compensation for damage and to unilaterally set off such compensation against your claim for a refund of the purchase price. In such case, We will inform you by writing to the e-mail address you provided.

8. We are entitled to withdraw from a Purchase Contract due to goods being out of stock or unavailable over the long term. In such case, We will inform you immediately via a message sent to the e-mail address you provide in an order. Within 14 days of notification of withdrawal from a Purchase Contract, We will provide a full refund, including delivery costs, as received from you under the Contract in the same manner.

VIII. Complaints and Return of Goods

1. MARIELI is liable to the buyer for the goods being free of defects upon receipt. In particular, MARIELI is liable for the following at the time you receive goods:

• the goods have the characteristics agreed by the parties and, in the absence of an arrangement, have the characteristics described by the Seller or manufacturer or expected by the buyer with regard to the nature of the goods and the advertising used;
• the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are normally used;
• the goods correspond in terms of quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model;
• the goods are in the appropriate quantity, dimensions or weight;
• the goods comply with the requirements of legal regulations.

The characteristics and handling of a product are stated in the MARIELI E-shop. Please note that you are responsible for any damage to a product caused by your handling contrary to our recommended procedures and instructions supplied with goods.

2. Upon receipt of goods, you are obliged to inspect the goods to determine any defects and/or damage. In case of defects or damage, you are obliged to contact Us immediately at info@marieli.cz.

3. If a defect becomes apparent within six months of receipt of the goods by the buyer, the goods are deemed to have been defective at the time of receipt. You are entitled to exercise a right under a defect that occurs in consumer goods within twenty-four months of receipt. This provision does not apply in the case of goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear on goods caused by their ordinary use, in the case of used goods to a defect corresponding to the degree of use or wear and tear that the goods had when accepted by the buyer, or if it follows from the nature of the goods.

4. In the event of a defect, you can submit a complaint to MARIELI and request:

• exchange for new goods;
• repair of goods;
• a reasonable discount on the purchase price; or
• withdrawal from the Contract if the conditions for withdrawal are met.

5. The buyer has the right to withdraw from a Contract:

• if goods have a material defect;
• if an item cannot be properly used due to repeated occurrence of a defect or defects after repair;
• if there are multiple defects in the goods.

6. MARIELI is obliged to accept a complaint at any establishment in which acceptance of a complaint is possible, or at its registered office or place of business.

MARIELI is also obliged to issue you with a written confirmation of when you exercised a right, what the content of a complaint is and what method of handling a complaint you request, as well as a confirmation of the date and method of handling a complaint, including confirmation of a repair and its duration, or written reasoning for rejecting a complaint.

7. MARIELI or an authorized employee will decide on a complaint immediately, in complex cases within three working days. This period does not include a reasonable period of time depending on the type of product or service required for expert assessment of a defect. A complaint, including correction of a defect, must be dealt with without delay, no later than 30 days after the date of the complaint, unless MARIELI agrees with you on a longer period. The vain expiry of this period is considered a material breach of contract and you have the right to withdraw from the Purchase Contract. The moment a complaint is filed is considered to be the moment the expression of your will (exercise of a right under defective performance) is received by MARIELI.

8. MARIELI will inform you in writing of the result of a complaint.

9. You do not have a right due to defective performance if you knew that the item had a defect before acceptance or if you caused the defect yourself.

10. In the event of a legitimate complaint, you have the right to reimbursement of the costs incurred in connection with the complaint. You can exercise this right against MARIELI within one month of the expiry of the warranty term.

11. The choice of complaint method is yours.

12. Other rights and duties of the contracting parties regarding rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.

13. You can also find more information here.

 

IX. Personal Data Protection and Commercial Communications

1. All information you provide during our cooperation is confidential and will be treated as such. Unless you give Us written permission, We will not use your data in any way other than for the performance of a Contract, with the exception of an e-mail address at which commercial communications may be sent to you, as this procedure is permitted by law, unless you refuse it. Such communications may only relate to similar or related goods and may be unsubscribed from at any time in a simple manner (by sending a letter, e-mail or clicking on the link in a commercial communication). An e-mail address will be stored for this purpose for 3 years from the conclusion of the last Contract between the parties.

2. More detailed information on personal data protection is contained in the privacy policy.

X. Out-of-court Dispute Resolution

1. In the event that a consumer dispute arises between Us and you under a Purchase Contract and cannot be resolved by mutual agreement, you may file a petition for out-of-court settlement of such dispute with the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, business ID number: 000 20 869, website: https://adr.coi.cz/en or with the European Consumer Centre with the same registered office.

2. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on the Online Resolution of Consumer Disputes).

3. MARIELI is authorized to produce and sell goods based on a trading license. Trade inspections are carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection.

XI. Final Provisions

1. All agreements between MARIELI and you, our customer, are governed by the legal order of the Czech Republic. If the relationship established by a Purchase Contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to a consumer’s rights under generally binding legislation.

2. We are not bound to you by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights in the MARIELI website and E-shop, in particular copyright in the content, including page layout, photographs, films, graphics, trademarks, logo and other content and elements, belong to MARIELI. It is not permitted to copy, modify or otherwise use the website or any part thereof without the Seller’s consent.

4. We are not responsible for errors resulting from interference by third parties with the E-shop or from its use contrary to its purpose. As our customer, you are not authorized to use procedures that could negatively affect the E-shop’s operation when using it and you must not engage in any activity that could allow you or third parties to tamper with or use the software or other components constituting the E-shop without authorization and/or use it or its parts or software in a manner that would be contrary to its designation or purpose.

5. A Purchase Contract, including the Terms and Conditions, is archived by Us in electronic form and is not accessible.

6. We may unilaterally change or amend the wording of the Terms and Conditions. This provision does not affect the rights and duties arising during the effective term of the previous version of the Terms and Conditions.

 

These Terms and Conditions come into force on 1 January 2023