General Terms and Conditions – marusique.com
I. GENERAL PROVISIONS
These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") are issued according to § 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").
Maryna Demydas
Company ID (IČO): 19806281
Registered office: Moravská 893/10, Prague 2, 12000
Email: hello@marusique.com
Website: www.marusique.com
(hereinafter referred to as the "Seller")
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person entering into a purchase agreement outside their business activity as a consumer, or within their business activity (hereinafter referred to as the "Buyer") through the web interface located on the website www.marusique.com (hereinafter referred to as the "Online Store").
- The Terms and Conditions are prepared in Czech and English. In case of any discrepancy between the Czech and English versions, the Czech version is decisive and binding according to the legal system of the Czech Republic.
II. PURCHASE AGREEMENT
- An offer to conclude a purchase agreement is the placement of the offered goods by the Seller on the Online Store pages.
- By submitting an order through the Online Store, the Buyer submits a proposal to the Seller to conclude a purchase agreement. The purchase agreement is concluded at the moment the Seller expressly accepts this proposal (order) and sends this acceptance (order confirmation) to the Buyer by email at the address provided in the order. An automatic confirmation of order receipt in the Online Store or confirmation of payment is not considered acceptance of the proposal to conclude a purchase agreement.
- If any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller will send the Buyer a modified offer via email. The modified offer is considered a new proposal to conclude a purchase agreement, and in such case, the purchase agreement is concluded by the Buyer's confirmation of acceptance of this offer sent to the Seller at the email address specified in these Terms and Conditions.
- Conclusion of a purchase agreement without agreeing all its essentials according to § 1726 of the Civil Code is excluded.
- All orders received by the Seller are binding. The Buyer may cancel the order until the notice of acceptance of the order by the Seller has been delivered to the Buyer. The Buyer may cancel the order by telephone at the Seller's phone number or email provided in these Terms and Conditions.
- If there is an obvious technical error on the part of the Seller in the pricing 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 clearly incorrect price, even if an automatic confirmation of order receipt has been sent to the Buyer according to these Terms and Conditions. The Seller will inform the Buyer of the error without undue delay and send the Buyer a modified offer by email. The modified offer is considered a new proposal, and the purchase agreement is in such case concluded upon the Buyer's confirmation of acceptance via email.
- The Buyer is obliged to provide correct and truthful data when placing the order. The Seller is not responsible for damages caused by incorrect or incomplete information provided by the Buyer in the order.
III. INFORMATION ABOUT GOODS AND PRICES
The Seller offers goods and services in three categories:
- Physical goods – hand-knitted products (hats, scarves, sweaters, vests, scrunchies, etc.) and handmade beaded necklaces.
- Custom production – hand-knitted or otherwise customized products according to the individual requirements of the Buyer.
- Digital content – mainly knitting patterns in PDF format, delivered electronically via download link after payment.
- The Buyer acknowledges that photographs and descriptions of goods on the Online Store marusique.com are for informational purposes only. Due to the nature of handmade production, the actual appearance of products may slightly differ (e.g., yarn color shade, bead texture). Such differences are not considered a defect of the goods.
- The Seller is not a VAT payer. All prices listed in the Online Store marusique.com are final.
- The purchase price of the goods will be agreed in each purchase agreement, and such price corresponds to the price of the respective goods listed in the Online Store at the time of placing the order. The Seller is entitled to unilaterally change the prices of goods, which will not affect an already concluded purchase agreement.
- The price of goods does not include delivery costs. These costs are borne by the Buyer and are shown during the ordering process according to the chosen delivery method.
- In the case of custom production or modification of finished products according to the Buyer's requirements, the final price may be set individually. The Buyer will always be informed of the price change in advance and has the option to confirm or reject the order.
- The Buyer undertakes to pay the price of the goods including delivery costs in the manner chosen when placing the order.
- Discounts on the purchase price cannot be combined unless otherwise agreed by the Seller and the Buyer.
IV. PAYMENT TERMS
The Buyer may pay by the following methods:
- Bank transfer to the Seller's account
- Bank transfer via QR code (instant payment using internet banking)
- Payment card via the Stripe payment gateway (VISA, MasterCard, etc.)
- For digital products (PDF patterns), payment is only possible by card via the Stripe payment gateway.
- The order is binding and the goods will be dispatched, or digital content made accessible, only after the payment is credited to the Seller's account or after confirmation of successful transaction via the payment gateway.
- The Seller reserves the right to offer additional payment methods.
- In case of payment via the payment gateway, the Buyer proceeds according to the instructions of the respective electronic payment provider.
- The Buyer is obliged to make payment in full, including delivery costs. Partial payment may result in non-fulfillment of the order.
V. DELIVERY TERMS
- Goods are delivered to the Buyer: to the address specified by the Buyer in the order, or via a parcel pickup location to the address chosen by the Buyer.
- The delivery method is selected during the order process.
Delivery time:
- The delivery period starts on the day the payment is credited to the Seller's account or confirmation of successful transaction via the payment gateway.
- Ready-made products are usually dispatched within 3–5 business days.
- Custom products: smaller accessories and beaded jewelry 2–4 weeks, clothing and larger accessories 4–6 weeks, or longer as agreed.
- In justified cases, delivery time may be longer (e.g., due to material availability or a higher number of orders). In such case, the Seller always informs the Buyer in advance about the extension and offers the option to cancel the order if the Buyer does not agree with the new term.
- Digital products (PDF patterns) are delivered electronically via download link immediately after confirmation of successful payment. The link is sent to the email address provided by the Buyer in the order.
- Delivery costs depending on the shipping and receipt method are listed in the Buyer's order and in the order confirmation from the Seller. For special delivery requests by the Buyer, the Buyer bears the risk and any additional costs associated with such delivery method.
- If the Seller is obliged under the purchase agreement to deliver the goods to a place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. If it is necessary to deliver the goods repeatedly or by a different method due to the Buyer, the Buyer is obliged to cover the costs associated with repeated delivery or the alternative delivery method.
- Upon receipt of the goods from the carrier, the Buyer must check the integrity of the packaging and immediately notify the carrier of any defects. If packaging shows signs of unauthorized access, the Buyer may refuse to accept the shipment.
- Ownership of the goods passes to the Buyer upon payment of the full purchase price including delivery costs, but not before receipt of the goods.
- Liability for accidental destruction, damage, or loss of goods passes to the Buyer at the moment of receipt or when the Buyer was obliged to take delivery but failed to do so contrary to the purchase agreement.
VI. CLAIMS FOR DEFECTIVE GOODS
- The Seller delivers the goods to the Buyer in the quantity agreed in the purchase agreement. The Seller delivers the goods to the Buyer in a quality and suitable execution for the purpose apparent from the purchase agreement; otherwise, for the usual purpose. Every product offered and delivered by the Seller is an original piece. Minor deviations in texture, color, or appearance, which are natural for handmade production and the use of natural materials, are not considered a defect of the goods.
- Buyer claims for defective goods (including the manner of handling complaints) are governed by the relevant provisions of the Civil Code and the Seller's Complaints Policy.
VII. WITHDRAWAL FROM THE CONTRACT
- Consumers have the right to withdraw from this contract without giving any reason within 14 days – this right applies to purchases made through the Online Store marusique.com.
- The withdrawal period is 14 days from the day following the day the consumer or a third party designated by the consumer (other than the carrier) takes delivery of the goods. If the subject of the purchase agreement is delivery of multiple items, the period runs from the receipt of the last delivery.
- To exercise the right of withdrawal, the consumer must inform the Seller of their decision by an unambiguous legal act – e.g., a letter sent by post or email to: hello@marusique.com.
- To meet the withdrawal deadline, it is sufficient to send the withdrawal notice before the deadline expires.
Exceptions to the right of withdrawal
The right to withdraw from the contract cannot be exercised in the following cases:
- Goods produced according to the consumer's requirements or adapted to their personal needs (so-called custom production).
- Digital content delivered electronically (e.g., PDF knitting patterns), if made available immediately after payment and the consumer has explicitly agreed in advance to lose the right to withdraw.
- Other cases specified in § 1837 of the Civil Code.
- A Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned via standard postal service due to their nature.
- If the Buyer withdraws from the contract, the Seller shall immediately, but no later than 14 days from the withdrawal, return all funds including delivery costs received from the Buyer, using the same payment method. The Seller may return the funds by another method only if agreed with the Buyer and without causing additional costs.
- Goods must be returned by the Buyer undamaged, unused, clean, and if possible, in the original packaging. The Seller may offset claims for damage to the goods against the Buyer's claim for a refund.
- The Seller is entitled to withdraw from the purchase agreement due to stock depletion, unavailability of goods, or if the manufacturer, importer, or supplier has discontinued production or import. The Seller will inform the Buyer immediately via email provided in the order and return all funds including delivery costs within 14 days of withdrawal notification.