Terms and conditions

General Terms and Conditions of MAROSSA s.r.o.

These general terms and conditions (hereinafter “GTC”) govern the rights and obligations of clients, as buyers (hereinafter “client”), and MAROSSA s.r.o., located in Sereď, Nám. Slobody 4744/23A, 926 01, ID No. 55365442 (hereinafter “seller”) as the seller within contractual relationships concluded through the e-shop on the website www.marossa.eu.

All information about the processing of your personal data is contained in the privacy policy, which you can find here: www.marossa.eu.

The seller primarily communicates with the client remotely. Therefore, the creation and existence of the contractual relationship between the seller and the client are established through remote communication means, allowing the contractual parties to agree on its content without their mutual physical presence.

If the contractual parties modify any part of the contractual relationship differently from the provisions in the GTC, such modifications will take precedence over these GTC.

 

Article 1

Definitions

 

Article 2

General Provisions

2.1 The purchase of goods is only possible through the e-shop website.

2.2 When purchasing goods, it is the client’s obligation to provide the seller with all information correctly and truthfully. The seller is entitled to consider the information provided by the client during the order as correct and truthful.

 

Article 3

Conclusion of the Contract

3.1 The client concludes the contract with the seller in the Slovak language unless otherwise agreed. In the case of a multilingual contract or a contract concluded in multiple languages, the Slovak version takes precedence and is binding.

3.2 The contract is concluded remotely through the e-shop, with each party bearing its own costs for the use of remote communication means. The seller does not charge the client any additional costs for the contract concluded in this manner. By submitting the order, the client agrees to use remote communication means.

3.3 To conclude the contract, the client must create an order on the e-shop. The order must include the following information:

3.3.1 Information about the purchased goods (in the e-shop, the client selects the goods they wish to purchase by clicking “Add to Cart”);

3.3.2 Information about the price, shipping fee, VAT, method of payment of the total price, and the desired method of delivery; this information will be provided during the order creation process in the e-shop’s user interface, with the price, shipping fee, VAT, and total price automatically displayed based on the selected goods and delivery method;

3.3.3 Identification details of the client necessary for the seller to deliver the goods, including name, surname, delivery address, phone number, and email address;

3.3.4 In the case of a Contract where the seller will provide goods to the client regularly and repeatedly, also information on how long the seller will deliver the goods to the client.

3.4 During the order creation process, the client can change and review the data until the order is created. After reviewing the information by pressing the “Order with Payment Obligation” button, the client creates the order. Before creating the order, the client must confirm that they have read and agree to these GTC; otherwise, the order cannot be created. Confirmation and agreement are made by ticking a checkbox. Once the “Order with Payment Obligation” button is pressed, all information is sent to the seller. The contract between the seller and the client is concluded upon sending the order to the seller. The GTC in effect on the day of ordering are an integral part of the Contract.

3.5 The seller will confirm the created order to the client as soon as possible after it is received by sending a message to the client’s email address provided in the order. The confirmation will include a summary of the order and these GTC.

3.6 In rare cases, the seller may be unable to confirm the order to the client. This is especially the case when the goods are not available or when the client orders a larger quantity of goods than is in stock. If there is any reason why the seller cannot confirm the client’s order, the seller will contact the client with a proposal to conclude the contract in a modified form or with a proposal for an individual solution.

3.7 If a clearly incorrect price is indicated in the e-shop or in the order, especially due to a technical error, the seller is not obliged to deliver the goods to the client at that price, even if a Contract has been concluded and the client has received an order confirmation. In such a situation, the seller will promptly contact the client and send an offer to conclude a new contract with the corrected price. The new contract is concluded at the moment the client accepts the seller’s offer. If the client does not confirm the seller’s offer within 3 days from its sending, it is considered as not concluding the Contract. A clear error in price includes, for example, a price that does not correspond to the usual price among other sellers or a missing or additional digit.

3.8 When the contract is concluded, the seller is obliged to deliver the goods to the client in accordance with these GTC, and the client is obliged to pay the total price to the seller.

3.9 If the client has a User Account, they can place an order through it. Even in this case, the client must check the correctness, truthfulness, and completeness of the pre-filled data. The process of creating the order is identical to that of a buyer without a User Account, with the advantage that there is no need to repeatedly fill in the client’s identification details.

3.10 In some specific cases, the seller allows the use of a discount for purchasing goods. To receive a discount, the client must enter details about the discount in a pre-designated field during the order creation process.

 

Article 4

User Account

4.1 Upon registering in the E-shop, the client can access their User Account.

4.2 During the registration of the User Account, it is the client’s responsibility to provide all required information accurately and truthfully and to update it in case of any changes.

4.3 Access to the User Account is secured by a username and password. The client must keep these access details confidential and not share them with anyone. The seller is not responsible for any damages resulting from the misuse of these details.

4.4 The User Account is personal and cannot be used by third parties.

4.5 The seller may cancel the client’s User Account, especially if it has not been used for more than 1 year or if the client breaches their obligations under the contract.

4.6 The User Account may not be available continuously, especially due to necessary maintenance of hardware and software.

 

Article 5

Pricing and Payment Terms, Reservation of Ownership

5.1 The price is always stated on the E-shop’s website, in the order, and in the contract. In the event of a discrepancy between the price listed for the goods in the E-shop and the price stated in the order, the price stated in the order will apply, which will always be the same as the price in the contract. The order will also include the Shipping Fee, and any conditions under which shipping is free.

5.2 The total price includes VAT as well as all fees prescribed by special legal regulations.

5.3 The seller will require payment of the total price from the client after the contract is concluded and before the delivery of the goods. The client can make the payment in the following ways:

5.3.1 Bank Transfer – The client will receive payment information with the order confirmation. For bank transfers, the total price is payable in advance before the goods are dispatched.

5.3.2 Online Payment by Credit Card – Payment is made via a payment gateway, and the payment is subject to the conditions of that gateway. For online card payments, the total price is payable immediately.

5.3.3 Cash on Delivery – Payment is made upon delivery of the goods. For cash on delivery, the total price is payable at the time of receipt of the goods.

5.3.4 Cash on Pickup – Payment can be made in cash when picking up the goods at the seller’s premises. For cash on pickup, the total price is payable at the time of receipt of the goods.

5.4 An invoice will be issued electronically after the total price has been paid and will be sent to the client’s email address provided in the order. The invoice will also be available in the User Account, if the client has one.

5.5 Ownership of the goods passes to the client only after the total price is paid and the goods are received. For bank transfers, ownership passes upon receipt of the payment in the seller’s account; in other cases, ownership passes at the moment of payment.

 

Article 6

Delivery of Goods, Transfer of Risk of Accidental Damage and Deterioration

6.1 Goods will be delivered to the client in the manner chosen by the client from the following options:

6.1.1 Personal Pickup at the seller’s premises;

6.1.2 Delivery by a courier service

6.2 Goods can be delivered only within the Slovak Republic and also within European Union countries.

6.3 The seller is obliged to deliver the goods without undue delay, but no later than within 10 days from the conclusion of the contract. During contract fulfillment, circumstances may affect the delivery date of the ordered goods. The seller will promptly inform the client by email about any change in the delivery date and the new estimated delivery date. The client’s right to withdraw from the contract remains unaffected. The notification of the new delivery date will include a request from the seller to the client to confirm whether they still wish to receive the goods on the new date. For personal pickups, the seller will always inform the client via email about the possibility of picking up the goods.

6.4 The seller will deliver the goods to the client properly packaged in a cardboard box with protective film and filler materials to avoid damage during delivery.

6.5 When receiving goods from the courier, the client is obliged to check the integrity of the packaging and immediately report any damage to the courier and the seller. If the packaging shows signs of unauthorized handling and damage, the client is not obliged to accept the goods from the courier.

6.6 The client is obliged to collect the goods at the agreed place and time. If the client does not collect the delivered goods as per the previous sentence, the seller will notify the client by email about where they can collect the goods, including the deadline for collection or will re-deliver the goods based on the client’s written request sent no later than 3 days from the date when the goods should have been collected. The client agrees to cover all costs associated with the re-delivery of the goods. If the client fails to fulfill their obligation to collect the goods, except for cases mentioned in Article 6.5 of these Terms and Conditions, it does not constitute a breach of the seller’s obligation to deliver the goods. Moreover, if the client does not collect the goods, it does not constitute a withdrawal from the contract between the seller and the client. If the client does not collect the goods even within the additional deadline, the seller has the right to withdraw from the contract due to a significant breach by the client. If the seller does so, the withdrawal is effective on the day the client receives the seller’s notice of withdrawal. Withdrawal from the contract does not affect the right to compensation for damages incurred, including the actual costs of attempting to deliver the goods, or any additional claims for damages, if applicable.

6.7 If the goods are delivered repeatedly or by other means than agreed in the contract due to reasons attributable to the client, the client is obliged to compensate the seller for the costs associated with the repeated delivery. The seller will send the payment details for these costs to the client’s email address provided in the contract, and payment is due within 7 days of receiving the email.

6.8 The risk of damage to the goods passes to the client when the goods are accepted. If the client does not accept the goods, except in cases mentioned in Article 6.5 of these Terms and Conditions, the risk of accidental damage and deterioration of the goods passes to the client when they had the opportunity to accept the goods but did not do so for reasons attributable to the client. The transfer of risk of accidental damage and deterioration means that from that moment on, the client bears all consequences associated with loss, destruction, damage, or any deterioration of the goods.

 

Article 7

Claims

7.1 The general warranty period is 24 months. The warranty period starts from the moment the goods are received by the client. If the goods are replaced, the warranty period starts anew from the receipt of the new goods by the client.

7.2 If the client receives goods in a damaged or defective package, the client is not obliged to accept such goods from the courier but must immediately inform the seller of this fact.

7.3 In case of defects in the goods, including defects resulting from incomplete goods, the client must promptly file a complaint with the seller, no later than 3 days after receiving the goods or discovering the defect. The seller will not consider complaints made later.

7.4 The day the complaint procedure starts is considered the day the defective goods and any relevant documents (if applicable) are received. If the client’s complaint submission is incomplete, the seller will request the client to complete the complaint submission in writing (especially by email). In this case, the complaint procedure starts on the day the completed submission is received. If the client does not complete the complaint submission as specified in this article without undue delay, and no later than 10 days from the day of receiving the seller’s request, the seller will consider the client’s complaint unjustified.

7.5 The defective goods must be sent by mail to the seller’s address provided below, but NOT by cash on delivery, or delivered personally to the seller’s premises at Nám. Slobody 4744/23A, 926 01 Sereď. The goods must be accompanied by a copy of the purchase receipt (invoice) and a completed complaint form.

7.6 Based on the client’s decision under § 622 and § 623 of Act No. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the “Civil Code”), the seller will determine how to handle the complaint immediately, or in justified cases, no later than 30 days from the day the complaint is made.

7.7 The seller is obliged to provide the client with a written document regarding the resolution of the complaint, no later than 30 days from the day the complaint is made, and will inform the client of the resolution via email. If the complaint is upheld, the seller will send the client new goods or refund the paid price of the goods, unless the parties agree otherwise.

 

Article 8

Withdrawal from the Contract

8.1 Withdrawal from the contract, meaning the termination of the contractual relationship between the seller and the client from the beginning, can occur for the reasons and in the manner specified in this article or in other provisions of the General Terms and Conditions (GTC) where the possibility of withdrawal is explicitly mentioned.

8.2 If the client is a consumer, i.e., a person purchasing goods outside the scope of their business activity, they have the right to withdraw from the contract without providing a reason within 14 days from the day of receipt of the goods, according to § 7 of Act No. 102/2014 Coll. on Consumer Protection. If the contract involves multiple types of goods or the delivery of several parts of goods, the period begins to run only from the day of delivery of the last part of the goods. The client may withdraw from the contract only in writing, by filling out a return form and attaching it to the goods; the client should follow the procedure outlined in Article 7. Withdrawal from the contract is not possible if the goods have been unsealed and are no longer usable by another person.

8.3 In the case of withdrawal from the contract, the price will be refunded to the client within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account specified in the withdrawal from the contract – as indicated in the completed return form. The amount will not be refunded before the goods are returned to the seller. The client is obliged to return the goods clean, without signs of use, including the original packaging.

8.4 In the case of withdrawal from the contract as per paragraph 2 of this article, the client is required to return the goods to the seller within 14 days from the withdrawal (according to Article 7) or to deliver them personally at the seller’s premises. The client bears the cost of returning the goods to the seller. The deadline is considered met if the goods were handed over for transport no later than the last day of the period.

8.5 The client is responsible for any damage if the goods are damaged due to handling that is not necessary with regard to their nature and properties. The seller will charge the client for any damage caused after the goods are returned, and the payment deadline for the billed amount is 7 days.

8.6 The seller is entitled to withdraw from the contract due to stock depletion, unavailability of goods, if the manufacturer, importer, or supplier has interrupted production or made significant changes that prevented the seller from fulfilling their obligations under the contract, or due to force majeure, or if, despite making all reasonable efforts, the seller is unable to deliver the goods to the client within the time specified by these GTC. In such cases, the seller is obligated to inform the client of this fact without undue delay and to refund the total price already paid for the goods within 14 days from the day of notification of the withdrawal from the contract. The seller will refund the total price for the goods using the same method the total price was paid, although this does not affect the right to agree on a different method of payment refund.

8.7 The seller is also entitled to withdraw from the contract if the client fails to collect the goods within 5 working days from the day the obligation to collect the goods arises.

 

Article 9

Submission of Complaints and Suggestions

9.1 As a consumer, the client has the right to submit complaints and suggestions in writing, via email to: info@marossa.eu. The seller will inform the client about the assessment of the complaint or suggestion via email.

9.1.1 The supervisory authority is the Slovak Trade Inspection (SOI), SOI Inspectorate for the Trnava Region, located in Trnava, tel. No. 02/58 27 21 86.

9.1.2 If the client is not satisfied with the handling of the complaint or suggestion, they can submit a complaint electronically through the platform available on the SOI website.

 

Article 10

Alternative Dispute Resolution with Consumers

10.1 If the client is not satisfied with the way the seller handled their complaint or if the client believes that the seller has violated their rights, the client has the right to request redress from the seller via email at: info@marossa.eu. If the response to the client’s request is negative or if the seller does not respond within 30 days of sending the request, the client has the right to submit a proposal for initiating alternative dispute resolution to an alternative dispute resolution entity (hereinafter “Entity”) according to Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes and on Amendments and Supplements to Some Acts, as amended (hereinafter “ADR Act”).

10.2 The entities are authorities and authorized legal entities according to § 3 of the ADR Act, and their list is published on the website of the Ministry of Economy of the Slovak Republic. List of entities. The client may submit a proposal in the manner specified in § 12 of the ADR Act.

10.3 The client also has the right to start out-of-court dispute resolution online via the ODR platform available on the ODR website.

 

Article 11

Final Provisions

11.1 All written correspondence between the contractual parties will be delivered via email to the addresses specified in the Contract, the order, or the User Account.

11.2 The Contract can be amended only based on a written agreement between the contractual parties. The seller is entitled to modify and supplement these GTC, but such changes will not affect contracts already concluded, only those concluded after the effectiveness of the change. The seller will notify the client of any changes to the GTC only if the client has created a User Account. In this case, the seller will send the client information about the change to the GTC to their email address at least 14 days before the effectiveness of the change.

11.3 In the case of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, subcontractor outages, etc.), the seller is not responsible for damage caused as a result of or in connection with force majeure or unforeseeable events. If such a situation lasts for more than 10 days, either party has the right to withdraw from the Contract.

11.4 An attachment to the GTC includes a sample form for complaints/returns/exchanges of goods.

11.5 The seller’s activities are not subject to any codes of conduct according to § 3 para. 1 letter n) of the Act on Consumer Protection in Distance Sales.

11.6 The resolution of disputes arising from the Contract between the contractual parties falls under the competent authorities or courts of the Slovak Republic unless legal regulations specify otherwise.

These GTC come into effect on June 1, 2024.