General terms of business

Basic information about the seller

Name: Marli, limited liability company for the production of watches and jewelry
Short name: Marli d.o.o.
Headquarters: Zagreb, Vlaška 13
Office address: Zagreb, Vlaška 13

The entity is registered with the Commercial Court in Zagreb under reg. number 1-6522.

Business bank and giro account number IBAN: Erste&Steiermärkische Bank d.d., HR8924020061100990330
OIB: 99892510970
MBS: 080092484
Members of the company: Željko Marinović, Branka Marinović
Authorized representatives: Luka Marinović

Phone number: +385 1 4816 583
Email address: info@marli.hr

The consumer, as a buyer, concludes a sales contract with Marli, a limited liability company for the production of watches and jewelry (hereinafter: Marli d.o.o.) as the seller.

Legal entities as buyers are subject to the application of the Law on Obligations and the Electronic Commerce Act, and the Consumer Protection Act does not apply to them. These General Terms and Conditions apply to legal entities in the part relating to price and payment method, main product features, contract conclusion procedure, description of delivery method and delivery costs, general information, disclaimer of liability, warranty and service conditions, loyalty program, and the moment of contract conclusion. The seller may, at its discretion, grant a legal entity in each specific case the rights that a consumer buyer has.

The user is a person who uses the website www.marli.hr, as well as any buyer and visitor of the website www.marli.hr.

The conclusion of the sales contract through the website www.marli.hr is regulated in accordance with legal provisions, taking into account especially the principles and provisions of European Union directives. Concluding a contract through the website www.marli.hr represents concluding a distance contract.

These General Terms and Conditions also represent pre-contractual information and apply to the conclusion of sales contracts if the buyer is a consumer, i.e., any natural person concluding a legal transaction or acting on the market outside their trade, business, craft, or professional activity, and if the contract is concluded between the trader and the consumer within an organized system of sale or service provision without the simultaneous physical presence of the trader and the consumer in one place, whereby until the conclusion of the contract and for the conclusion of the contract exclusively one or more means of remote communication are used.

Means of remote communication are all means that can be used to conclude a contract remotely without the simultaneous physical presence of the trader and the consumer, such as the internet and email.

The contract is concluded when the seller accepts the buyer's offer, and all information on the www.marli.hr website represents an invitation to make an offer. The seller may terminate the sales contract if the buyer does not pay the purchase price and is not obliged to deliver the product until the purchase price is received, except in cases where the buyer has chosen cash on delivery as the payment method. Marli d.o.o. will attempt to deliver the shipment to the buyer three times on three different days. If the buyer does not collect the shipment for any reason after 3 delivery attempts, it will be returned to the seller, who will not repeat the delivery.

An integral part of these General Terms and Conditions are also the General Data Protection Terms.

The official language for concluding the sales contract is Croatian.

Main product features

The buyer becomes familiar with the main product features on the website www.marli.hr.

Marli d.o.o. reserves the right to change information, including product prices and promotional offers on the website without prior notice.

Next to the product image is a description of the main product features and its price including VAT.

Prices, payment terms, and promotional offers are valid exclusively at the time of order and/or payment.

Contract conclusion procedure

Purchasing is done on the Marli d.o.o. website, www.marli.hr, by filling out the designated form. When filling out the form, the buyer is required to enter all requested information. When submitting the order, a user account for the buyer is created. Purchase is possible with the buyer's confirmation that they have previously read and understood the General Terms and Conditions and that they have agreed to them and are aware that this is an order with an obligation to pay. Purchases are possible 24 hours a day, 7 days a week. Marli d.o.o. is not responsible for the costs of using computer equipment and telecommunication services necessary to access the service. The buyer will be notified by email about the order confirmation (receipt of the electronic message containing the buyer's offer) and the shipment of the package.

In case Marli d.o.o. is unable to deliver any of the ordered products for any reason, a Marli d.o.o. employee will contact the customer by phone or email to arrange the delivery of a replacement product or possible cancellation of the ordered product.

Purchasing products and/or services on behalf of and for the account of a minor or a person deprived of legal capacity (fully or partially) can only be requested by their legal representatives.

Purchasing is done by ordering available products that the customer selects based on the photo and basic description. Photos are illustrative and may not always match the available products in all details. Purchasing is done in a few simple steps in the comfort of the customer's home, from anywhere in the world.

1. Product search is possible by various criteria. By entering a specific term in "Search," products related to that term will appear. The customer can select a particular product of interest and read the available product description to independently decide if the product meets their needs. The customer selects products from the Marli d.o.o. product catalog, which is organized by product types.
2. Product orders are placed electronically. By clicking on the "Add to cart" icon, the selected product is added to the cart. Adding a product to the cart does not reserve, order, or purchase the product. The customer can continue adding products by clicking "Continue shopping" or review the cart by clicking "View cart" or complete the product selection process by clicking "Complete purchase." When the customer finishes selecting products by clicking "Complete purchase," they will be redirected to a page where they choose the payment method, delivery method, enter a code if they have a coupon or gift voucher, add additional notes if any, and check the appropriate box if they want an R1 invoice. The purchase cannot proceed without checking the box "I agree with the General Terms and Conditions," by which the customer confirms they have read and understood these General Terms and Conditions and agree with them, and by checking the box "I am aware that the order includes an obligation to pay." By clicking "Change cart contents," the customer can modify the cart contents. If the customer agrees with purchasing the products in the cart, they can click the "Pay" icon. After the customer places the order by clicking the "Pay" icon, the seller will send the General Terms and Conditions along with the order confirmation and its number to the customer's email address, confirming that the customer's order has been received and is being processed.
3. The seller will send the customer a confirmation of the concluded sales contract along with confirmation that the package has been sent to the customer's email address.
4. If the customer does not receive the ordered products they paid for within 7 working days (excluding Saturdays, Sundays, and non-working days) from the payment date, or within 7 working days (excluding Saturdays, Sundays, and non-working days) from the conclusion of the sales contract with agreed payment on receipt, they must notify Marli d.o.o. at info@marli.hr.
5. If the customer has not received a purchase confirmation via email within 24 hours or cannot access the service as described in the email, they are obliged to contact the seller at info@marli.hr or by phone at +385 1 4816 583 from Monday to Friday (excluding non-working days) between 10 AM and 4 PM.
6. If Marli d.o.o. is unable to deliver any of the ordered products for any reason, a Marli d.o.o. employee will contact the customer by phone or email to arrange the delivery of a replacement product or possible cancellation of the ordered product.
7. In case of problems or uncertainties during the order, the customer can contact Marli d.o.o. at the email address info@marli.hr or by phone at +385 1 4816 583 from Monday to Friday (excluding non-working days) between 10 AM and 4 PM.

Product price, payment method, and product shipment

The customer agrees to pay for the ordered products using one of the following payment methods:

• By credit or debit card – payment directly online using card payment services: Visa, Premium Visa, MasterCard, Maestro, Diners, and Discover. Interest-free payment in 12 installments is possible with Diners and Discover Card cards, while interest-free installment payment in 6 installments is possible with Mastercard from Zagrebačka banka, Maestro from Privredna banka, and Visa cards from Zagrebačka banka and Privredna banka.
• By bank transfer – payment details, including the account number to which the customer should transfer the order amount, are sent to the email address provided in the order. The customer can make the payment using internet banking or by paying at a bank branch, post office, FINA, etc. After receiving the customer's payment, the ordered products are sent to the address specified in the order.

The sales contract is concluded at the moment of acceptance of the customer's offer, and the product will be dispatched to the delivery service within 2 working days (Saturdays, Sundays, and non-working days excluded) from receipt of payment of the purchase price, except for cash on delivery where the product is delivered after the conclusion of the sales contract.

If the customer chooses cash on delivery as the payment method, the sales contract is concluded at the moment of acceptance of the offer, and the product will be dispatched within 2 working days (Saturdays, Sundays, and non-working days excluded) from the conclusion of the sales contract.

The product will be delivered to the customer within 5 working days (Saturdays, Sundays, and non-working days excluded) from the moment the product is dispatched to the delivery service.

The R1 invoice must be requested by the customer when filling out the order; subsequent requests for the R1 invoice will not be accepted.

If payment is made by bank transfer (payment slip or internet banking), the customer is obliged to use the payment details received by email from the seller.

The agreed price includes all taxes and fees and is expressed in euros.

     

Description of the product delivery method 

Marli d.o.o. delivers orders within the deadlines stated under “Product price, payment method, and product shipment.” Product delivery is carried out via General Logistics Systems Croatia d.o.o. for services, Varaždinska 116, Popovec, OIB 88360795357.

Before each product delivery, Marli d.o.o. checks the correctness of the ordered product.

Delivery costs

Delivery is free for all orders over €150.

Marli d.o.o. delivers within the Republic of Croatia.

If Marli d.o.o. is unable to deliver the ordered product, it will notify the customer. The customer may cancel the order or wait until the product becomes available again. If Marli d.o.o. is unable to deliver the product within the agreed deadline, it will notify the customer and must provide a subsequent reasonable deadline for fulfilling the sales contract.

If the customer does not collect the product or refuses to collect the product without a valid reason, Marli d.o.o. reserves the right to claim compensation for handling, transport, and other possible costs.

General information

Users or customers are required, before starting to use the www.marli.hr website (hereinafter: the website) owned by Marli d.o.o., to familiarize themselves with the General Terms and Conditions of the website. If they have additional questions or uncertainties related to the General Terms and Conditions, they can contact the email address info@marli.hr.

By accessing the website or using any part of its content, the user accepts the General Terms and Conditions of the www.marli.hr website, as well as all other rules and terms of use of the said website and the services provided through it. Users agree not to use the website in a way that harms the authors or third parties, and accept all risks of using the website and services. If the user does not agree with the above, they are obliged to stop using the website and the services provided through it.

The website content is protected by copyright. Changing, borrowing, selling, or distributing the content is only possible with prior written permission from Marli d.o.o.

Marli d.o.o. enables the use of the website in the best possible way. This includes: monitoring server operation, expanding capacity according to the number of users, user support, and fixing any errors and problems in the system operation. Marli d.o.o. does not assume responsibility for any problems in the operation of the pages and services. Marli d.o.o. cannot guarantee that the use of the website will not be interrupted or error-free. The user agrees that access to the website may sometimes be interrupted or temporarily unavailable.

Users use the website at their own risk. Marli d.o.o. is in no way responsible for any damage the user may suffer from using the website www.marli.hr. The authors and other natural or legal persons involved in the creation, production, and distribution of the www.marli.hr website are not responsible for any damage resulting from the use or inability to use it.

Marli d.o.o. reserves the right to block access to the website www.marli.hr for users if it is assessed that it is being used inappropriately. Marli d.o.o. reserves the right to deny access to the website www.marli.hr to anyone based on its own assessments. The user agrees to use the website www.marli.hr in a way that does not endanger the resources and services as a whole. Inappropriate use of the website www.marli.hr is prohibited and results in access being revoked.

The user is obliged to keep their account data confidential and is fully responsible for any damage caused by unauthorized use of their account.

Marli d.o.o. reserves the right to change or supplement the General Terms and Conditions at any time. Changes take effect on the day of publication on the website www.marli.hr. Continued access to the website or use of any part of its content will be considered acceptance of the changed or supplemented General Terms and Conditions. Marli d.o.o. advises periodic checking of the General Terms and Conditions to stay informed of any changes.

Marli d.o.o. reserves the right at any time and without prior notice to change, supplement, or discontinue any part of its business, including the website or any part thereof, services, subpages, or services provided through them. This right includes, but is not limited to, changing the availability time of content, availability of new data, transmission methods, as well as rights to access or use the website.

It is the duty and obligation of the user to use the website in accordance with positive regulations and general moral and ethical principles. Marli d.o.o. has the right to control the website content at any time to ensure compliance with the General Terms and Conditions and positive regulations. Changes to the General Terms and Conditions are effective immediately upon publication on the website www.marli.hr.

Material defects

Marli d.o.o. (hereinafter: the seller) is liable for material defects of the product until the moment of transfer of risk to the buyer (the moment the item is delivered into the possession of the buyer or a third party designated by the buyer, who is not a carrier), regardless of whether the material defect was known to it. Also, it is liable for those material defects that appear after the transfer of risk to the buyer if they are the result of a cause that existed before that. It is presumed that a defect that appeared within six months from the transfer of risk to the buyer existed at the time of the transfer of risk, unless the seller proves otherwise or the contrary results from the nature of the item or the nature of the defect. A defect exists:

1. if the item does not have the necessary properties for its regular use or for trade,
2. if the item does not have the necessary properties for the special use for which the buyer is purchasing it, and which was known or should have been known to the seller,
3. if the item does not have the properties and features that are explicitly or implicitly agreed upon or prescribed,
4. when the seller delivered an item that is not identical to the sample or model, unless the sample or model was shown only for information,
5. if the item does not have the properties that usually exist in other items of the same kind and which the buyer could reasonably expect according to the nature of the item, especially taking into account public statements by the seller, manufacturer, and their representatives about the properties of the item (advertisements, labeling of the item, etc.).

The consumer is obliged to notify the seller of visible defects within two months from the day the defect was discovered, and no later than two years from the transfer of risk to the consumer.

If it is shown after the buyer receives the item that the item has a defect that could not have been discovered by ordinary inspection at the time of taking over the item, the buyer is obliged, under penalty of losing the right, to notify the seller of that defect within two months from the day the defect was discovered.

The seller is not liable for defects that appear after two years have passed from the delivery of the item. The rights of the buyer who has timely notified the seller of the defect expire after two years from the day the notice was sent to the seller, unless the buyer was prevented from exercising them due to the seller's fraud.

If the existence of a material defect is established, the seller may have one of the following obligations, all in accordance with the rules of the Law on Obligations:

1. removal of the defect,
2. delivery of another product without defects,
3. price reduction,
4. contract termination.

Rights based on material defects in goods are regulated by the Law on Obligations.

When the buyer is a legal entity, the rules on material defects prescribed by the Law on Obligations apply to them, especially in the part where the material defect for legal entities is regulated differently than stated here in the General Terms and Conditions of Business, then the Law on Obligations applies.

Right to unilateral contract termination

The consumer may unilaterally terminate the contract within 14 days without giving any reason.

The 14-day period begins on the day the product is delivered into the possession of the consumer or a third party designated by the consumer who is not the carrier.

If the consumer orders multiple items in one order that are to be delivered separately, or if the goods are delivered in multiple pieces or shipments, the 14-day period begins on the day the last item or last shipment of products is delivered into the possession of the consumer or a third party designated by the consumer who is not the carrier.

If regular delivery of goods is agreed upon over a certain period, the 14-day period begins on the day the first item or first shipment of products is delivered into the possession of the consumer or a third party designated by the consumer who is not the carrier.

If the consumer is not informed about the right to terminate the contract, the consumer's right to unilateral contract termination expires 12 months after the expiration of the 14-day period.

If the seller has provided the consumer with notice of the right to terminate the contract within 12 months, the right to unilateral contract termination expires 14 days after the consumer received that notice.

For the consumer to exercise the right to unilateral contract termination, they must notify the seller of their decision to unilaterally terminate the contract before the expiration of the 14-day period with an unequivocal statement sent by mail to the address Gruška 6, Zagreb or by email to info@marli.hr, in which they will state their name and surname, address, telephone number, fax number, or email address. The consumer may, at their own discretion, also use the sample form for unilateral contract termination provided below. The consumer can electronically fill out the sample form for unilateral contract termination by clicking here. The seller will promptly send the consumer a confirmation of receipt of the unilateral contract termination statement by email. In case of contract termination, each party is obliged to return to the other party what they received under the contract. Except when the seller has offered to collect the goods the consumer is returning themselves, the seller must refund the payment only after the goods have been returned to them, or after the consumer provides proof that the goods have been sent back to the seller, if the seller was informed about this before receiving the goods. The seller is not obliged to refund additional costs resulting from the consumer's explicit choice of a type of transport different from the cheapest type of standard transport offered by the seller. The seller must refund the payment using the same payment method the consumer used for payment, unless the consumer explicitly agrees to another payment method, and provided that the consumer is not required to pay any additional costs for such a refund.

Unless the seller has offered to collect the goods that the consumer is returning themselves, the consumer must return the goods without delay and no later than 14 days from the day they informed the seller of their decision to terminate the contract.

It is considered that the consumer has fulfilled their obligation to return the goods on time if they send the goods or hand them over to the seller, or to a person authorized by the seller to receive the goods, before the deadline expires.

The consumer is obliged to bear all direct costs of returning the product themselves. The consumer is responsible for any reduction in the value of the goods resulting from handling the goods, except for what was necessary to determine the nature, characteristics, and functionalities of the product.

To determine the nature, characteristics, and functionalities of the goods, the consumer may handle and inspect the goods only in the manner customary when purchasing goods in the seller's premises. The goods that the buyer intends to return within 14 days must not be worn, used, or subjected to any other actions that would reduce the value of the goods.

During the period in which the consumer exercises the right of return, the goods must be kept with due care, meaning the consumer must behave as a particularly careful and conscientious person. In case of a reduction in the value of the product resulting from handling the product, the seller will charge from the amount of the purchase price received in proportion to the reduction in the value of the goods according to their own assessment, taking into account the objective criteria of each individual case.

To facilitate the consumer in drafting a written contract termination, below is an informative form for unilateral contract termination which the consumer can fill out and send to the seller Marli d.o.o., Gruška 6, 10 000 Zagreb or via email to info@marli.hr. The consumer can also complete the contract termination by clicking on the link indicated above.

The right to terminate the sales contract is not permitted in the following cases when:

1. the subject of the contract is goods made according to the consumer's specification or clearly customized for the consumer,
2. the subject of the contract is sealed goods that are not suitable for return for health or hygiene reasons if they were unsealed after delivery,
3. the subject of the contract is goods that, due to their nature, are inseparably mixed with other items after delivery,
4. the consumer specifically requested the trader's visit to perform urgent repairs or maintenance work, provided that if during such a visit, in addition to the services explicitly requested by the consumer, the trader provides other services or delivers goods other than those necessary for urgent repairs or maintenance work, the consumer has the right to unilaterally terminate the contract regarding those additional services or goods.

When the buyer is a legal entity, the section of these General Terms and Conditions entitled "Right to unilateral contract termination" does not apply to them. For legal entities, the Law on Obligations and the Electronic Commerce Act apply.

Notice on the method of written consumer complaints

All complaints, in accordance with Article 10 of the Consumer Protection Act, can be sent by the consumer by mail to the address Marli d.o.o., Gruška 6, 10 000 Zagreb, by email to info@marli.hr, or personally at the seller's business premises at Marli d.o.o., Vlaška 13, 10 000 Zagreb.

In order for Marli d.o.o. to respond to a written complaint that was not sent by email, consumers are asked to provide accurate information about their name and surname, and the address to which the response will be delivered. Marli d.o.o. is legally required to provide a written response to the consumer's complaint no later than 15 days from the date of receipt of the complaint.

In the event of a possible dispute, Marli d.o.o. and the consumer will resolve the dispute amicably, and if that is not possible, the competent court is the Municipal Civil Court in Zagreb applying Croatian law. Dispute resolution is also possible before the HGK Court of Honor or other mediation centers.

Consumer disputes can be resolved through the European Commission's ODR platform. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR.

If the consumer accepts the General Terms and Conditions, they also accept all other conditions listed on the website www.marli.hr and all other provisions listed on that website. If the consumer disagrees with any part of the pre-contractual information or the General Terms and Conditions, they are requested not to use the website www.marli.hr and not to conclude a sales contract.

Marli d.o.o. reserves the right to change these General Terms and Conditions and rules without prior notice. The General Terms and Conditions comply with the laws of the Republic of Croatia.

If the buyer is a legal entity, the consumer protection rules prescribed by the Consumer Protection Act do not apply to them.

The rules on written consumer complaints do not apply to legal entities, to which the Law on Obligations and the Electronic Commerce Act apply.

Download the unilateral contract termination form (pdf)

Warranty and service conditions

If a particular product has a warranty or is subject to service conditions, this is highlighted in the description of that product. Warranty rights can only be exercised upon presentation of the warranty card and receipt during the warranty period.

All products purchased on the Marli webshop have a warranty from the day of their purchase, provided you use the product according to the instructions included with the product. We assume responsibility for the period determined by the brand owner, provided that the product:

• has not suffered accidental damage, such as impact, immersion in water (except in the case of diving watches) or other liquids, improper use (e.g., using the product in extreme temperature conditions) or insufficient care (failure to remove dirt, leaving the crown open, etc.),
• has not been altered in any way from the original product (except for changing the strap or bracelet)
• has not been serviced by third parties or companies not recognized by the manufacturer or its representatives.

The above does not affect the legal rights of an individual covered by a statutory warranty concerning cracks or hidden defects that are not immediately visible.

If the product requires repair, contact the service center in your country directly (Marli d.o.o.). Attach your warranty card indicating the purchase date and product serial number, your name, and address. Note: The manufacturer and Marli d.o.o. as authorized seller and service center will not be responsible for any repair, damage, or loss if the product has been modified for aesthetic or any other reason by an unauthorized service. The repair or replacement period is 30 days.

If within two years from the date of original purchase, the product does not function due to a material or workmanship defect, the manufacturer or authorized service center in Croatia will either repair or replace the part provided the original purchaser presents proof of purchase date. This warranty does not cover any product damage or harm caused by accident, misuse, dirt, immersion in liquid, or products serviced by unauthorized service centers. This warranty applies and runs from the original date of purchase of the product from an authorized dealer. All warranties, including those on terms of sale and various benefits for any specific purpose, are limited to a duration of two years from the original purchase date, and after their expiration, the manufacturer and Marli d.o.o. as authorized dealer and service center are not liable for any damage to the products.

Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other legal rights that vary from country to country.