Terms of Sale

 

1. GENERAL PROVISIONS ON TERMS OF SALE

Holder of all rights on the marli.hr website is the company Marli d.o.o. (Hereinafter: Marli). The Marli company provides online sale services via its web service – Marli Web Shop (hereinafter: Web Shop). By using the services on Marli Web Shop and all associated sites and services on marli.hr domain it is assumed that consumers at all times have read and fully understood these Terms of Sale (hereinafter: Terms). These Terms shall apply to rights and obligations relating to the purchase of products or services via Marli Web Shop as well as rights and obligations arising from the Contract on remote sale (hereinafter: Contract) entered into by a consumer, as the end customer, and Marli Web Shop, and are considered as an integral part of such contracts.
The service provider of online sale via Marli Web Shop is Marli d.o.o. Vlaška 13, 10000 Zagreb, VAT ID: 99892510970
Before making their purchase, users are referred to these Terms and advised to have them regularly checked in order to get to know all their rights and obligations.
Marli reserves the right to modify these Terms at any time without prior notice and shall not be responsible for any consequences arising from such changes. These changes come into force upon publication on this website.
Marli reserves the right to discontinue services and to change content and services pages that are an integral part of Marli Web Shop at any time without prior notice and shall not be responsible for any consequences arising from such changes. These changes come into force upon publication on this website.
Marli reserves the right to change, limit or cease to provide the services via Marli Web Shop at any time without prior notice, including partially or complete restriction of access and partial or complete cessation of provision of certain services to users violating provisions of these Terms and the General Conditions of Use.
Use of Marli Web Shop services shall be granted only to adults. Use and usage of this Web Shop by children or minors is not allowed, and their respective parents and/or guardians are required to take this into account, otherwise they shall assume all rights and obligations arising from such use, whereas Marli shall not be held responsible for any consequence of such usage.
Purchased products shall be used at your own risk.
Web Shop completely disclaims any responsibility for the accuracy and/or completeness of any information and content presented on marli.hr. Web Shop reserves the right to errors in the description and illustration of the product.
Web Shop does not warrant that the product images completely match the appearance of the product itself. We shall not be responsible for possible honest mistakes made in product description. If the manufacturer modifies any of the characteristics or content of the product that may introduce differences between the actual product and its respective product images and description provided on this site. However, all descriptions shall be regularly and thoroughly checked.

2. TERMS OF SALE

I) Conclusion and termination of the sale contract
These Terms and specific conditions of sale as specified in information about individual products constitute a contract proposal by Marli, which is accepted by the customer through registration, placement of an order otherwise and such contract concluded between the customer and Marli shall be deemed according to the terms of sale set out herein.
The subject and commercial purpose of the Contract is a purchase of selected product or service via Marli Web Shop in exchange for payment of a designated fee – the price of the respective product or service. The contract is concluded by means of distance communication (remotely concluded contract) such as: printed advertisement with a purchase order, telephone with or without human intervention, and via internet.
The Contract shall enter into force and shall be binding from the moment when the customer accepts the Marli’s proposal in one of the following ways:
by selecting and completing the purchase order as a registered Web Shop user,
by selecting and completing the purchase order as a Web Shop guest user,
by selecting payment and completion of order via telephone line.
a) During the process of registration or creation of a user account, the user is required to select a name under which he/she shall receive the services, choose a security password and submit a valid e-mail address. All information required for registration or creation of a user account must be true and valid, whereas the use of other people’s information is it is expressly prohibited.
b) If during registration you chose to register via your Facebook account and wish to comment and actively participate on our Facebook page, this Web Shop shall use your full name i.e. your Facebook account.
c) Registration or user account is created for one person only and it is not allowed to transmit the registration or account information to third parties. The user is required to keep his/her security password and account information details confidential. It is not permitted to use someone else’s registration or account.
d) In case of a breach of the Terms specified herein, Marli reserves the right, at its own discretion, to purge registration or user account, without the obligation of compensation for any cost or damage.
e) Registration (which includes payment of services) shell be deemed as a concluded contract between Marli and the website user as a customer.
f) The Contract shall enter into force upon completed user registration, i.e. as of the date when the user accepts the proposal for conclusion of such Contract.
g) On the occasion of the conclusion of the Contract, the user shall receive a confirmation of a concluded contract, i.e. a pre-contractual notification referred to in Article 57. 1. of the Consumer Protection Act (Official Gazette no. 41/2014); these Terms; and notice of the user’s right to unilaterally terminate the Contract with the unilateral contract termination form referred to in paragraphs 1 and 2 of the Article 61 of Consumer Protection Act.
h) The user can unilaterally terminate the contract within 14 (fourteen) days without providing a reason. The user shall have no right to unilaterally terminate the Agreement in the following cases:
– the service is completely fulfilled, whereas the fulfilment had been initiated with the user’s express prior consent and confirmation that the user is familiar with the fact that they would have lose the right to unilaterally terminate the Contract if his service is fulfilled completely;
– if the subject of the Contract refers to sealed goods which is not suitable for return, due to medical or hygienic reasons, if such goods have been unsealed after delivery;
– if the subject of the Contract refers to goods which, due to its nature become inseparably mixed with other things, after delivery;
– if the subject of the Contract is the delivery of sealed audio recordings or video recordings or computer programs, which have been unsealed after delivery and
– if the subject of the Contract refers to delivery of newspapers, magazines or periodical press, with the exception of subscription agreements for such publications.
To be able to exercise the right to unilaterally terminate the Contract, the customer is obligated to notify Marli of its decision to unilaterally terminate the contract in an unambiguous statement sent by post (to Marli Web Shop, Marli doo Vlaška 13, 10000 Zagreb), by fax to 01/6553 670 or e-mail to the e-mail address, before the expiry of the cancellation period, in which the customer shall specify his/her name, address, phone, fax or e-mail address, or the customer can use the specified form for unilateral termination of the Contract.
Furthermore, the Unilateral termination form, available on the following link, can be electronically filled out in and submitted, in which case Marli shall without delay submit a receipt notice of unilateral termination of the Contract via e-mail.
The deadline for unilateral termination of the contract is 14 (fourteen) days as of the date when the user or a third party assigned by the user, but which is not the courier of the product, receives the goods which are the subject of the Contract in its possession, or, in case of service provision, as of the date of Contract signing.
If the user unilaterally terminates the Contract, the fee paid shall be refunded, including the costs of delivery, without delay, and no later than fourteen (14) days as of the date when Marli, or Web Shop, receives the customer’s statement of unilateral termination, unless the user had selected a different type of delivery, which is not the standard, cheapest delivery service offered. Refunds shall be made in the same way the user has paid the fee in the first place. If the user agrees to be refunded in any other way, he/she shall not bear any costs in relation to such refund. Marli can execute refunds only upon the goods have been returned or after a proof that the goods have been sent back is submitted.
The customer is required to return the goods or send it back to Marli d.o.o. (Web Shop) address, Vlaška 13, 10000 Zagreb, without any unnecessary delays, and in any event no later than 14 (fourteen) days as of the date when the customer’s decision to unilaterally terminate the contract had been sent to Marli or Web Shop. Direct costs of returning of the goods shall be borne by the customer. The user is required, prior to termination of the Contract, to call the phone number 01/481683 or send an email to cs@marli.hr to be introduced to the procedure of returning of the goods.
Customer is responsible for any decrease in value of the goods resulting from handling of goods, other than necessary to determine the nature, characteristics, and functionality of the goods.
If provision of services had begun, at the customer’s requests, during the deadline for unilateral termination of the Contract, the customer is required to refund Marli in the amount proportionate to delivered services up to the moment when the customer informed Marli of his/her unilateral contract termination.
LINK TO DOWNLOAD UNILATERAL CONTRACT TERMINATION FORM
II) Terms and purchase process
The main characteristics of the product, method of use, prices, special offers and benefits, payment and delivery methods apply to products valid during the completed orders. These data shall be provided with each product.
Product price, which includes VAT amount and shipping cost, shall be visible in the shopping cart before the conclusion of the order. The shipping cost can be seen in other parts of the website. All information regarding purchase certificate on the basis of electronic order shall be delivered to the email address indicated in during customer’s registration procedure/order or in the shopping cart during order checkout. All prices are in Croatian Kuna (HRK). All prices include VAT.
If the customer does not receive the order confirmation notice, there is a possibility that the wrong their e-mail address was entered. If this is the case, customer is asked to contact us at: cs@marli.hr or on the phone number 01/4816 583, so that our customer service can check whether the order has been received. If you are not sure how to make a purchase, please call the number 01/4816 583 and we will help you to add products to the cart.
All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
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III) Shipping and terms of delivery
The shipping cost is calculated automatically during purchase of the product and you will receive an invoice stating the product price and the shipping costs.
The shipping cost will be shown in the shopping cart along with the product price.
The shipping cost on Croatian territory is fixed at amounts HRK 19.90 regardless of weight, volume or the customer’s address,
The shipping costs for orders over HRK 7,000.00 shall be entirely borne by Web Shop.
Deadline for delivery of products labelled as in stock to any Croatian mainland address shall be 5 working days since the completed order, except for products with a special notice.
Deadline for delivery of products labelled as in stock to any Croatian island address shall be 10 working days.
Our customer service shall immediately notify the customer in case of any changes in delivery date or any other circumstances affecting the execution of the order.
IV) Complaints and objections
Ordered products are packed as to prevent damage from ordinary handling during transport/delivery. The customer is required to inspect the delivered package. If a packaging has visible damages/defects, we recommend that the customer refuse to receive such package since there is a possibility that the product inside such packaging is damaged. By refusing to accept the shipment, delivery service shall return the shipment to Web Shop, marking the shipment as defective.
The complaints related to product defects and all other complaints may be made in writing via e-mail or by ordinary mail and over the phone
to the number: 01/4816 583,
e-mail address: cs@marli.hr,
mailing address: Marli Web Shop, Vlaška 13, 10 000 Zagreb.
In case of a justified complaint a termination of a contract shall be enabled, either with money refund or replacement of a product. In case of a damaged and/or malfunctioning of the delivered goods, the customer is required to send a photo supporting the complaint in order for the complaint to be acknowledged on the basis of physical evidence. Web Shop collects the damaged, faulty or incorrectly supplied goods upon complaint at its own expense, provided that it has been determined that the claim is valid and that the customer had not affected the malfunction, damage or any defect on such goods. In the case of a justified complaint the cost of product replacement with a new one is completely borne by Web Shop.
In an event of a dispute over the justification of the complaint and/or the manner in which the product is returned (the product must be unused, in the unchanged quantity and in its original packaging, with the original invoice and warranty, if provided), the product shall be given to a court expert or a competent legal person for examination. In the event that the expert establishes the justification of the complaint all product replacement cost shall be borne by Web Shop, and in the case of an unjustified claim the cost shall be borne by the customer.
V) Warranty for the correctness of sold products and repair service
Products covered with a warranty in accordance with the law and warranty provided by the manufacturer is supplied with a warranty card. The right to use the warranty shall be realized upon submission of invoice and warranty card. The customer is required to keep the invoice and warranty card. Date of invoice issuing is the initial date is of the warranty activation. The description of the product is contains the information about warranty period provided for that product.
In case that the manufacturer issues a warranty card which guarantees the operation of products during the specified time, and such product is found faulty, the customer may demand that the product is repaired within a reasonable time, or to be substituted with the same, non-faulty, product. If the product defect occurs during the warranty period, the product shall be delivered to an authorized service centre stated in the warranty card.
The right to use the warranty is realised only with the provision of the invoice. The customer is required to keep the invoice and warranty card. Malfunctioning of the product resulting from improper use and/or failure to comply with provided instructions is not covered by the warranty. Servicing and sale of replacement parts for the purchased product is provided by an authorized repair service stated in the warranty card.
VI) Payment method and procedure
Payment for the product and shipping can be made in one of the following ways:
a) Payment by credit or debit card. Ordered products can be paid online with one of these credit cards: American Express, MasterCard, Diners, Visa or Maestro.
b) Payment by a general payment order. Products for which the order is completed can be paid by means of general payment order in all banks, FINA agency or Croatian Post offices. After confirmation of the order, the Web Shop forwards the information necessary for payment via general payment order by e-mail. All data must be accurately entered in the general payment order and the payment must be made in due time.
c) Online banking. Products for which the order is completed can be paid via online banking in any bank which features such payment method. After confirmation of the order, the Web Shop forwards the information necessary to make the payment by e-mail.
d) Payment on quote (only for legal persons). Legal persons have the option to pay by quote. After the order is confirmed, Web Shop sends the quote to the customer’s email address. After the receipt of payment upon such quote the process of delivery is initiated.

3. DATA PROTECTION DURING THE PURCHASE

Web Shop undertakes to respect the anonymity and privacy of Marli Web Shop and the provided information shall be used and processed solely for the purpose specified by these Terms. Web Shop may collect personal data such as name, address, personal identification number, VAT number, telephone number or e-mail address only if the user voluntarily submits them to Marli Web Shop.
Web Shop shall use such information solely for the purpose of fulfilment of their contractual obligations and to obtain a better insight and understanding of individual needs, habits and requirements of its users as well as to further develop quality services provided by Marli Web Shop. Web Shop collects processes and publishes information on customers regarding the use of Marli Web Shop without revealing the identity of the user and/or personal information enabling disclosure of such user identity.
Web Shop collects and records IP address data (Internet Protocol Address) by the user or the location of his computer for the purposes of system administration, troubleshooting, confirmation of downloading content or improvement of technical aspects of online service. Web Shop shall automatically record information about the usage habits of Marli Web Shop users, including the log file for visit to certain web pages and/or content. Web Shop shall use such information solely for the purpose of improving their services and customization and individualization of promotional activities to individual user.
Web Shop shall not keep record of your credit card number or store any transaction data. Entry and transfer of personal data and credit card number is protected by SSL 256-bit encryption protocol secured by WSpay™ system for online authentication of credit cards. Authorization and payment of credit cards is executed in the WSpay™ system for real time authorization and payment.

4. COMMUNICATION BETWEEN MARLI WEB SHOP AND USERS

By registering on this website, you give consent to Web Shop to contact you via e-mail in order to promote services and products, changes or additions to content pages, to promote discounts, offers, products or changes in method of service provision. The user may at any time withdraw such consent.