Terms and conditions

Terms and Conditions

I. Basic Provisions

  1. These general terms and conditions (hereinafter referred to as “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”).

Marylu Mountain Goods s.r.o
ID No.: 22650831
Registered office: Dolení 54, Jilemnice, 514 01

Contact details:
tel.: +420 728 044 038
e-mail: live@marylu.life
web: www.marylu.life

(hereinafter referred to as the “Seller”)

  1. These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who enters into a purchase agreement outside of their business activity as a consumer, or within the scope of their business activity (hereinafter referred to as the "Buyer"), through a web interface located on the website available at the internet address www.marylu.life (hereinafter referred to as the "Online Store").

  2. The provisions of the Terms and Conditions are an integral part of the purchase agreement. Deviating arrangements in the purchase agreement take precedence over the provisions of these Terms and Conditions.

  3. These Terms and Conditions and the purchase agreement are concluded in the Czech language.

II. Information on Goods and Prices

  1. Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the online store catalog. The prices of the goods are stated including value-added tax, all related fees, and the cost of returning the goods if, due to their nature, they cannot be returned by normal postal means. The prices of the goods remain valid for the period they are displayed in the online store. This provision does not exclude the negotiation of a purchase agreement under individually agreed conditions.

  2. All presentation of goods placed in the catalog of the online store is informative and the Seller is not obliged to conclude a purchase agreement regarding these goods.

  3. Information on the costs associated with packaging and delivery of goods is published in the online store.

  4. Any discounts on the purchase price of goods cannot be combined with each other, unless the seller and the buyer agree otherwise.

III. Order and Conclusion of Purchase Agreement

  1. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase agreement, especially internet connection costs and telephone call costs, shall be borne by the buyer. These costs do not differ from the basic rate.

  2. The buyer places an order for goods in the following ways:

    • via their customer account, if they have previously registered in the online store,

    • by filling out the order form without registration.

  3. When placing an order, the buyer selects the goods, the quantity of goods, the payment method, and the delivery method.

  4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking the "Send Order" button. The data provided in the order is considered correct by the seller. A condition for the validity of the order is the filling in of all mandatory data in the order form and the buyer's confirmation that they have read these terms and conditions.

  5. Immediately upon receipt of the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address provided by the buyer during ordering. This confirmation is automatic and is not considered a conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only after the seller accepts the order. Notification of acceptance of the order is delivered to the buyer's e-mail address.

  6. If the seller cannot fulfill any of the requirements stated in the order, they will send the buyer a modified offer to their e-mail address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's confirmation of acceptance of this offer to the seller at their e-mail address stated in these terms and conditions.

  7. All orders received by the Seller are binding. The Buyer may cancel an order until the Seller delivers notification of order acceptance. The Buyer may cancel an order by phone or email to the Seller's contacts specified in these terms and conditions.

  8. In the event of an obvious technical error on the part of the seller in stating the price of goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer at this obviously erroneous price. The seller will inform the buyer of the error without undue delay and send them a modified offer to their e-mail address. The modified offer is considered a new proposal for a purchase agreement, and the purchase agreement is concluded in such a case by the buyer's acceptance confirmation sent to the seller's e-mail address.

IV. Customer Account

  1. Based on the buyer's registration in the online store, the buyer can access their customer account. From their customer account, the buyer can order goods. The buyer can also order goods without registration.

  2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data stated in the user account in case of any changes. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.

  3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.

  4. The buyer is not entitled to allow third parties to use their customer account.

  5. The Seller may cancel the user account, especially if the Buyer no longer uses their user account, or if the Buyer breaches their obligations under the purchase agreement or these terms and conditions.

  6. The buyer acknowledges that the user account may not be continuously available, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or that of third parties.

V. Payment Terms and Delivery of Goods

  1. The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be paid by the buyer in the following ways:

    • cashless by credit card,

    • cashless by bank transfer to the seller's account via a proforma invoice.

  2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

  3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the purchase agreement.

  4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's bank account.

  5. According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, they are obliged to register the received revenue with the tax administrator online; in case of technical failure, then no later than 48 hours.

  6. Goods are delivered to the buyer:

    • to the address specified by the buyer in the order,

    • by personal collection at the seller's premises.

  7. The choice of delivery method is made during the ordering of goods.

  8. Costs of goods delivery depending on the method of shipment and receipt of goods are stated in the buyer's order and in the order confirmation by the seller. In the event that the shipping method is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this shipping method.

  9. If, according to the purchase agreement, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. In the event that, due to reasons on the part of the buyer, the goods need to be delivered repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.

  10. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods packaging and, in case of any defects, immediately notify the carrier. In the event that a breach of the packaging indicating unauthorized entry into the shipment is found, the buyer does not have to accept the shipment from the carrier.

  11. The Seller will issue a tax document – an invoice – to the Buyer. The tax document will be sent to the Buyer's e-mail address.

  12. The buyer acquires ownership of the goods by paying the entire purchase price for the goods, including delivery costs, but not before taking over the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods, but failed to do so in contradiction with the purchase agreement.

VI. Withdrawal from the contract

  1. A buyer who has concluded a purchase agreement outside of their business activity as a consumer has the right to withdraw from the purchase agreement.

  2. The withdrawal period is 14 days:

    • from the day of receipt of the goods,

    • from the day of receipt of the last delivery of goods, if the subject of the contract is several types of goods or the delivery of several parts,

    • from the day of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.

  3. Among other things, the buyer cannot withdraw from a purchase agreement:

    • for the provision of services, if they were performed with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

    • for the supply of goods or services, the price of which depends on fluctuations in the financial market beyond the seller's control and which may occur during the withdrawal period,

    • for the delivery of alcoholic beverages that may be delivered only after thirty days and whose price depends on fluctuations in the financial market beyond the seller's control,

    • for the supply of goods that have been adjusted according to the buyer's wishes or for his person,

    • for the supply of goods subject to rapid spoilage, as well as goods that have been irrevocably mixed with other goods after delivery,

    • for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,

    • for the supply of audio or video recordings or computer programs if he has broken their original packaging,

    • for the delivery of newspapers, periodicals or magazines,

    • for the supply of digital content, unless it was supplied on a tangible medium and was supplied with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,

    • in other cases specified in Section 1837 of the Civil Code.

  4. To comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.

  5. To withdraw from the purchase agreement, the buyer can use the online withdrawal form available on the seller's website at: https://marylu.life/pages/odstoupeni-od-smlouvy. The buyer can also send the withdrawal from the purchase agreement to the seller by another unambiguous statement to the seller's email or delivery address specified in these terms and conditions. The seller will confirm receipt of the withdrawal from the purchase agreement to the buyer without undue delay. In case of using the online form, the seller will send the buyer a confirmation of receipt of the withdrawal from the contract to the email address provided in the form.

  6. A buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by ordinary postal means due to their nature.

  7. If the buyer withdraws from the contract, the seller shall return to him without undue delay, but no later than 14 days from the withdrawal from the contract, all monetary funds including delivery costs that he received from him, in the same manner. The seller will return the received monetary funds to the buyer in another manner only if the buyer agrees and if no additional costs are incurred by the buyer.

  8. If the buyer chose a delivery method other than the cheapest one offered by the seller, the seller will return to the buyer the delivery costs in the amount corresponding to the cheapest offered delivery method.

  9. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received monetary funds to the buyer before the buyer hands over the goods to him or proves that he has sent the goods to the seller.

  10. The buyer must return the goods to the seller undamaged, unworn and unsoiled, and if possible, in their original packaging. The seller is entitled to unilaterally offset any claim for damages incurred on the goods against the buyer's claim for the return of the purchase price.

  11. The Seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The Seller will immediately inform the Buyer via the email address provided in the order and will return, within 14 days of notification of withdrawal from the purchase agreement, all monetary funds, including delivery costs, that they received from the Buyer under the agreement, in the same manner, or in a manner specified by the Buyer.

VII. Rights from Defective Performance

  1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

    • the goods have the properties agreed upon by the parties, and in the absence of an agreement, they have such properties as the seller or manufacturer described or as the buyer expected with regard to the nature of the goods and on the basis of their advertising,

    • the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used,

    • the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,

    • the goods are in the appropriate quantity, measure or weight,

    • the goods comply with legal requirements.

  2. If a defect manifests within six months of the buyer's receipt of the goods, it shall be presumed that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when received by the buyer, or if it results from the nature of the goods.

  3. In the event of a defect, the buyer may submit a complaint to the seller and request:

    • exchange for new goods,

    • repair of goods,

    • a reasonable discount from the purchase price,

    • withdrawal from the contract.

  4. The buyer has the right to withdraw from the contract:

    • if the goods have a substantial defect,

    • if the item cannot be properly used due to repeated occurrence of a defect or defects after repair,

    • in case of a greater number of defects in the goods.

  5. The Seller is obliged to accept a complaint at any establishment where the acceptance of a complaint is possible, or at the registered office or place of business. The Seller is obliged to issue the Buyer a written confirmation of when the Buyer exercised the right, what the content of the complaint is, and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.

  6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time reasonable according to the type of product or service required for an expert assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The fruitless expiration of this period is considered a material breach of the contract and the buyer has the right to withdraw from the purchase agreement. The moment of filing the complaint is considered to be the moment when the buyer's expression of will, i.e., the exercise of the right from defective performance, reaches the seller.

  • The Seller shall inform the Buyer in writing about the outcome of the complaint.

  • The Buyer is not entitled to rights from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.

  • In the case of a justified complaint, the Buyer has the right to reimbursement of effectively incurred costs associated with exercising the complaint. The Buyer may claim this right from the Seller within one month after the expiry of the warranty period.

  • The Buyer chooses the method of complaint.

  • The rights and obligations of the contracting parties regarding rights 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.

    • VIII. Delivery

    1. The contracting parties may deliver all written correspondence to each other via email.

    2. The Buyer delivers correspondence to the Seller at the email address stated in these terms and conditions. The Seller delivers correspondence to the Buyer at the email address stated in their customer account or in the order.

    IX. Out-of-court dispute resolution

    1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

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

    3. The Seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its scope of authority. The Czech Trade Inspection Authority supervises, to a defined extent, among other things, compliance with Act No. 634/1992 Coll., on consumer protection.

    X. Final Provisions

    1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

    2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.

    3. All rights to the Seller's website, especially copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the Seller's consent.

    4. The Seller is not responsible for errors caused by third-party interference with the online store or by its use contrary to its purpose. When using the online store, the Buyer must not use procedures that could negatively affect its operation, and must not carry out any activity that could allow him or third parties to unlawfully interfere with or unlawfully use the software or other components constituting the online store. The Buyer must not use the online store or its parts or software in a way that would be contrary to its intended use or purpose.

    5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

    6. The purchase agreement, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.

    7. The Seller may change or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of validity of the previous wording of the terms and conditions.

    8. The Buyer may use the online form available on the Seller's website at: https://marylu.life/pages/odstoupeni-od-smlouvy to withdraw from the contract.

    These terms and conditions come into effect on February 10, 2025.