Basic information
These terms and conditions apply to contracts concluded remotely in the e-shop www.marvabars.eu between the seller and the buyer pursuant to the Consumer Protection Act no. 102/2014 Coll.
The seller is: MARVA s.r.o., Prvosienkova 30, 04420 Malá Ida. IČO 47560126, DIČ 2023977065. Tel. 0907 105 935, e-mail: info@marva.sk. Registered in the Commercial Register of the District Court of Košice I, section Sro, insert no. 34457/V.
The buyer is the consumer, i.e. a physical person who, when concluding and fulfilling a consumer contract, does not act as part of the subject of his business activity of employment or profession. A purchase made by a business entity is governed by the Commercial Code no. 513/1991 Coll.
The supervisory authority for consumer protection is 1) SOI Inspectorate for the Košice Region, Vrátna no. 3, 043 79 Košice 1, 2) Regional Veterinary and Food Administration Košice, Hlinkova 1/c, 040 01 Košice.
Order and conclusion of contract
Sending the completed order to the buyer is considered a proposal to conclude a contract according to the Civil Code, based on the seller's offer in the e-shop. The contract is concluded by confirmation of the order by the seller. The minimum order value is €15 including VAT.
Prices of goods
All product prices in the e-shop are final, including all taxes. The seller is a VAT payer. The product price does not include delivery costs. These are also listed in the shopping cart before completing the order, where the buyer can also see the total price of the order, including the cost of delivery.
Payment for goods
The seller accepts payment for the ordered goods in the following ways:
- TrustPay - card payment through the payment gateway
Part of the e-shop order is the obligation of the buyer to pay the price to the seller for the ordered goods.
Delivery of goods
The seller offers the following delivery options:
- Courier delivery service: 6,50€ (free delivery for orders over €120)
- Packeta: 6,50€ (free delivery for orders over €120)
Delivery of goods
If the delivery date is not indicated with the product, the seller will deliver the goods to the buyer within 30 days at the latest. The usual delivery time is usually within 5 working days.
The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him (with the exception of the carrier) takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, at the time of taking over the goods that were delivered last, b) delivers goods consisting of several parts or pieces, at the moment of acceptance of the last part or last piece, c) delivers goods repeatedly during a defined period, at the moment of acceptance of the first delivered goods.
Return and claim policy
The seller is responsible for defects that the goods have when the buyer takes them over. If they are not perishable items or used items, the seller is responsible for defects that occur after receiving the item during the warranty period (warranty).
The warranty period for new goods is 24 months, which runs from the time the goods are taken over by the buyer. If there is a period of use marked on the sold item, its packaging or the instructions attached to it, the warranty period does not end before the expiration of this period. The buyer must submit a claim for things that spoil quickly no later than the day after the purchase.
The warranty certificate is issued at the buyer's request. Proof of purchase is sufficient to apply for a claim.
If the goods have a defect that can be removed, the buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.
Instead of removing the defect, the buyer can demand the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if this does not result in unreasonable costs for the seller considering the price of the goods or the severity of the defect. The seller can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the buyer. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the buyer if the defects can be removed, but if the buyer cannot properly use the item due to the reappearance of the defect after repair or due to a larger number of defects. If there are other irreparable defects, the buyer has the right to a reasonable discount from the price of the item.
Rights from liability for defects are applied at the seller's address. However, if the warranty service is indicated in the warranty certificate, which is at the seller's location or at a location closer to the buyer, the buyer shall apply the right to repair at the warranty service. The warranty service is obliged to carry out the repair within 30 days at the latest.
If there is an exchange, the warranty period starts again from the receiving of the new item. The same applies if there is a replacement of a part for which a guarantee has been provided.
Completion of the complaint is understood as the termination of the complaint procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written invitation to take over performance or its justified refusal.
When applying a complaint, the seller will determine the method of handling the complaint immediately or, in complex cases, no later than 3 working days from the day of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the day of the complaint. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. After the expiration of the deadline for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the product for a new product.
If the buyer made a complaint about the product within the first 12 months from the purchase, the seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the professional assessment, the buyer will not be required to pay the costs of the professional assessment or other costs related to the professional assessment. The seller is obliged to provide the buyer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed. If the buyer made a complaint about the product after 12 months from the purchase and the seller rejected it, the seller will indicate in the complaint handling document to whom the buyer can send the product for expert assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other related costs, are borne by the seller, regardless of the result of the expert assessment. If the buyer proves the seller's responsibility for the defect through a professional assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to reimburse the buyer within 14 days from the date of re-application of the claim all costs incurred for the expert assessment, as well as all related costs incurred purposefully. A renewed claim cannot be rejected.
The seller is obliged to issue a confirmation to the buyer when making a claim. If the claim is made by e-mail, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without unnecessary delay, but at the latest together with a document on the processing of the claim; confirmation of the application of the claim does not need to be delivered if the buyer has the opportunity to demonstrate the application of the claim in another way.
Return of goods - withdrawal from the contract without giving a reason
The buyer is entitled to withdraw from the contract without giving a reason within 14 days from the day of receipt of the goods. Only the consumer can use this right.
The goods are considered to be taken over by the buyer at the moment when the buyer or a third party designated by him, with the exception of the carrier, takes over all parts of the ordered goods, or if a) the goods ordered by the buyer in one order are delivered separately, at the time of taking over the goods that were delivered last, b) supplies goods consisting of several parts or pieces, at the moment of acceptance of the last part or last piece, c) delivers the goods repeatedly during the defined period, at the moment of acceptance of the first delivered goods.
The buyer can withdraw from the contract, the subject of which is the delivery of goods, even before the expiry of the withdrawal period.
The buyer cannot withdraw from the contract of which it is the subject:
- sale of goods that are subject to rapid reduction of the quality or deterioration,
- the sale of goods enclosed in protective packaging that are not suitable for return due to health protection or hygiene reasons and whose protective packaging has been broken after delivery - for example, food whose packaging has been opened or tampered with by the consumer,
The buyer can apply the right to withdraw from the contract in writing or on another permanent medium (e.g. by e-mail), or by sending a completed form, which is available at https://marva.sk/admin/wp-content/uploads/2017/02/Formulár-na-odstúpenie-od-zmluvy-marva.sk_.pdf
The right to withdraw from the contract can be exercised by sending a notice of withdrawal even on the last day of the 14-day period.
After delivery of the notice of withdrawal from the contract, the seller shall return to the buyer, no later than 14 days, all payments received from him on the basis of the contract or in connection with it, including the costs of transport, delivery and postage and other costs and fees. The seller will return the payment in the same way that the buyer used for his payment. The buyer can also agree with the seller on another method of refunding the payment.
The seller is not obliged to reimburse the buyer for additional costs if the buyer has explicitly chosen a different delivery method than the cheapest common delivery method offered by the seller. Additional costs mean the difference between the delivery costs chosen by the buyer and the costs of the cheapest common delivery method offered by the seller.
In case of withdrawal from the contract, the seller is not obliged to return the payments to the buyer before the goods are delivered to him or until the buyer proves that the goods have been sent back to the seller, unless the seller suggests that he collects the goods personally or through a person authorized by him.
The buyer is obliged to send the goods back or hand them over to the seller or a person authorized by the seller to take over the goods no later than 14 days from the date of withdrawal from the contract. This period is considered to have been observed if the goods were handed over for transport no later than the last day of the period.
In case of withdrawal from the contract, the buyer bears only the costs of returning the goods to the seller or the person authorized by the seller to take over the goods, as well as the costs of returning the goods, which due to their nature cannot be returned by post.
The buyer is responsible for the reduction in the value of the goods, which occurred as a result of such handling of the goods, which is beyond the scope of the handling necessary to determine the properties and functionality of the goods.
After delivery of the goods, the buyer is allowed to test its functionality, but he cannot use the goods if he withdraws from the contract. In order to determine the nature, characteristics and functionality of the goods, the consumer should handle and inspect the goods only in the way that he would be allowed to do in a "brick and mortar" store. The buyer is required to handle and inspect the goods with due care during the withdrawal period. For example, for hygienic reasons, food that has been unpacked cannot be returned within the withdrawal period without giving reasons.
Alternative dispute resolution
The buyer - consumer - has the right to contact the seller with a request for correction (by e-mail to info@marva.sk) if he is not satisfied with the way in which the seller handled his complaint or if he believes that the seller has violated his consumer rights. If the seller responds negatively to this request or does not respond to it within 30 days of sending it, the consumer has the right to submit a proposal to initiate alternative dispute resolution to the alternative dispute resolution entity (hereinafter referred to as the ARS entity) pursuant to Act 391/2015 Coll. ARS subjects are authorities and authorized legal entities according to §3 of Act 391/2015 Coll. The list of ARS entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The proposal can be submitted by the consumer in the manner determined according to §12 of Act 391/2015 Coll.The consumer can also file a complaint through the RSO alternative dispute resolution platform, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm.
Alternative dispute resolution can only be used by a consumer - a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession. Alternative dispute resolution applies only to a dispute between a consumer and a seller, resulting from a consumer contract or related to a consumer contract. Alternative dispute resolution applies only to contracts concluded at a distance. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed 20 €. The ARS entity may demand payment of a fee for starting an alternative dispute resolution from the consumer, up to a maximum of 5 € including VAT.