Terms and conditions of use

1. Basic Information

2. Product ordering

3. Product delivery and damage returns

4. In-store pickup

5. Contract termination, refund terms and conditions

6. Protection and handling of personal information

7. Cookies

8. Final provisions

9. Alternative dispute solution

1. BASIC INFORMATION

Business address (not subsidiary):

www.mardosport.co.uk
SKI MOUNTAINS s. r. o.
Budimír 7
04443 Budimír
Slovakia
Email: info@mardosport.co.uk
IČO: 54 016 789
DIČ: SK2121555414

Margin scheme – Second-hand goods

Bank information:

EURO IBAN: SK1083300000002502047983 ( EURO account FIO banka a.s. )

BIC/SWIFT: FIOZSKBAXXX

2. PRODUCT ORDERING

Item inventory on www.mardosport.co.uk is a catalogue of the most commonly present products. The vendor does not guarantee the availability of all products en listed. Product availability shall always be confirmed at the point of sale.

To order, the customer will select the product/s and satisfactorily fill in and submit the order form. The submitted order form is a request to conclude the purchase contract. The order form also serves as a reservation in regards to the product/s requested.

Product prices are shown under each individual product listing. Before product shipment is made, total price shall be calculated including the product price and any/all applicable fees subject to approval by the customer.

Order cancellation
The customer and the vendor may for any reason cancel the order until the time of order placement confirmation by the vendor. If the vendor cancels the order, the reason thereof shall be provided as to why the order cannot be fulfilled.

In the event that the customer cancels the order after it has been created, the seller reserves the right to compensation for the goods in terms of the costs associated with the preparation of the order and the shipment of the goods. Including fees for PayPal or stripe transactions.

3. PRODUCT DELIVERY AND DAMAGE RETURNS

In the case of product that requires shipping/delivery via email or courier, the vendor shall confirm the shipping/delivery order. The binding order confirmation is an electronic confirmation marked as “final order confirmation” or a similar phone confirmation in lieu of electronic confirmation. At this point the vendor and the customer shall verify the contents of the order, specifically the product type, number price and shipping, and the day of delivery. Upon confirmation of the above, the sale shall be considered concluded and binding. The above article pertains specifically to orders that require shipping and not to product/s picked up in store

Shipping guarantee
Ordered product shall be shipped as fast as possible considering the availability and postal or private courier service capacity. Typically it, is between 1-10 business days from biding order confirmation. In case of product that is out of stock or not available on hand, this period shall be extended, and the customer will be duly notified thereon as soon as possible. Product is considered to be successfully shipped once the postal/courier service has delivered it to the address provided by the customer on the order form.

Method of shipping
Seller guarantees shipping to the address indicated on the order. Shipping fees depend on the method of shipping. The type of shipping will be chosen by the customer, with the current and updated shipping method price list found on www.mardosport.co.uk in the “my cart” section, or it can be requested from the merchant by submitting a written request.

Payment methods
The customer has several payment methods available. The cost can be paid in full through the e-shop, during in-store pickup, or by submitting the outstanding balance sheet under the correct variable symbol to the vendor ’s account, which shall identify the transaction. Product shipping information always contains all the relevant tax data. Product installation is not included the order confirmation.

Product transfer
The customer is required to inspect the product at the point of transfer. If a defect on the product packaging is detected, the customer shall inspect the condition of the product in the presence of the courier. In case of product damage, a written damage report shall be prepared and verified by the courier.

By signing the shipping confirmation the customer confirms that the product has arrived undamaged. After signing the shipping confirmation, no shipping- related damage shall be accepted negotiable.

If the customer receives a wrong product, he/she shall be required to ship the product back. In that case, he is reimbursed for postage costs, but up to the amount he paid for delivery when ordering.

Vendor/Customer communication
Any other communication between the vendor and the customer will be done exclusively by e-mail unless a previous agreement between the two parties has been reached regarding alternative communication methods.

Compensation upon refusal of product transfer
The vendor shall be entitled to compensation for damages (applicable law § 420 and subs. §§ of the Civil Code ), in the case of a purchase order that has not been cancelled ie. sale contract not terminated, and which the customer has refused to accept upon the courier delivery or refused to pay for upon in-store pickup. By this action, the customer has failed to fulfill his/her legal duty under article III to execute the product transfer as stipulated by the sale contract.

The vendor reserves the right to seek compensation for shipping and delivery of the product to the address entered in the purchase order. Including fees for PayPal or stripe transactions.

4. IN-STORE PICKUP

In case purchase order made online with specified in-store pickup as at method of product transfer, the vendor simply confirms that the requested product has been reserved for the customer.

The product is reserved by the vendor for 24 hours from the order confirmation unless the customer and the vendor have agreed on the time of the product transfer longer than 24 hours. The customer has the right to inspect the product before the product transfer.

The sales contract is considered concluded once the vendor receives the payment for the requested product and the product was successfully transferred.

5. TERMINATION OF SALES CONTRACT

Rights of the customer
The customer has right to withdraw from the sales contract if the vendor has not fulfilled their obligation to deliver the requested product.

As per Act No. 102/2014 Coll. on the service/goods delivery via contract conclude online or not in person within the confined vendor´s premises and Acts stated § 7 and others;the customer has right to withdraw from the sales contract within 14 calendar days from the product transfer date. The customer is required to submit to the vendor, via mail or in person, the notice of withdrawal in writing within 14 calendar days from the withdrawal, incl. other relevant documentation such as purchase orders, receipts, manuals and other product documentation that was delivered with the product.

The above section does not apply to customers that purchased the goods in-store and picked them up at the business site of the e-shop provider: www.mardosport.co.uk

If the product is received including any additional gifts or other bonuses, the contract shall always include the withdrawal clause dealing with such gifts or bonuses. This clause stipulates that if the customer initiates the termination, it is understood that all returned products that entitled the customer for any gifts or bonuses shall be returned to the vendor including the givencustomer gifts and bonuses.

Rights of the vendor
The vendor has right to terminate the sales contract only after the product delivery; in case of inability to supply the required product or in case of radical product price change. Before termination, the vendor is always required to contact the customer and agree upon the next steps in the contract termination

Sales contract termination protocol
If the contract is terminated, the customer shall compensate the vendor and vice versa pursuant to aplicable terms and conditions.

The customer may terminate the sales contract by notifying the vendor via email at info@mardosport.co.uk or in writing to the vendors address. It is required to provide the order number, variable symbol, date of purchase and original order confirmation for the requested product.

The return form can be downloaded here (click to download)

If the customer has already received and agreed to the product transfer, the product shall be sent back to the vendor who shall check the product for damage and quality.

In case of the returned product arriving in a condition other than that in which it was shipped to the customer, the customer shall be required to compensate the vendor for costs needed for reselling the product, including any general damage and specific damage related to use of the product. The vendor reserves the right to assess the returned product and offer a refund less the required repair costs in order to be able to resell it again.

Full or partial refund shall be deposited to the customer as soon as possible but max. within 14 days after the product is return. The vendor is entitled to certain time to assess and evaluate the product for further resale.

PRODUCTS TO BE EXCHANGED / RETURNED / REFUNDED shall be sent by COURIER

We do not pick up returns from the post office and shall not process the post-based returns

Return costs are paid by the customer, including PayPal or Stripe transaction fees.

The refund shall be deposite to the customer in the same way that the as purchase was initiated unless a prior agreement has been reached between the vendors and the customer

Return address:

www.mardosport.co.uk , Budimír 7, 04443 Budimír, Slovakia

The return shall include the filled in contract termination form, original shipping confirmation and bank account number where the customer wishes to receive the refund.

Packing of parcels must meet the following conditions:

1. Goods to be sent for repair or replacement must be sent in the original packaging using filling material.
2. Every item, even if difficult to pack, needs to be packed strongly.
3. Cartons should be sealed with adhesive tape on each side. If possible, the use of adhesive tape.
4. The envelope containing the consignment note or labels indicating fragile goods, cash on delivery or other special markings must be affixed to the largest area of the parcel.
5. The goods parcel must be packed so that the individual pieces of goods in the parcel do not move.
6. A layer of cushioning material must be placed on the bottom of the box to increase the protection of the goods during transport.
7. The remaining gaps should be filled and another layer of cushioning material is placed on the top.
8. There must be no unevenness or protruding parts on the surface.
9. Long or sharp or pointed parts of the goods must not protrude from the parcels.
10. It is necessary to make optimal use of the space in the box (i.e. fill the free space between the goods and the wall of the box) and to use high-quality, dimensionally suitable packaging material to ensure the protection of the goods.
11. In addition to shrink film, difficult-to-pack goods of special shape must be protected by other packaging material.

We do not accept goods packed in any other way.

WARRANTIES AND CONTRACT TERMINATION TERMS AND CONDITIONS

5.1 Responsibility for handling the damaged goods is stipulated in §622 and §623 of the Civil Code. The vendor shall assume responsibility for returns and refunds as specified by the laws of the Slovak Republic, specifically Act No. 250/2007 Coll., the Slovak Civil Code and other applicable laws and regulations.

5.2 For all purchases concluded pursuant to the Civil Code, product warranty shall follow the laws of the Slovak Republic, unless the law specifies a shorter warranty period for certain products. The warranty period shall come in force one the day of product transfer.

5.3 The warranty applies to all consumer goods with limited lifespan, specified in applicable laws and regulations.

5.4 The warranty does not apply to damages incurred due to regular usage, the acts of the customer or another third party after the product transfer, improper use, excessive or unintended use, mechanical damage or wear, usage of the product contradictory to the user manual or to intended use, disregarding rules outlining the products intended use, poor handling and storage, usage in emergency circumstances, improper installation or mounting, failure to perform regular maintenance and follow service periods (if required by the product manual) for the product (ski, ski boots and binding).

5.5 The warranty is shall cease in case of product modification or any after- market adjustment made by the customer.

5.6 The customer can initiate the claim:

- via website on www.mardosport.co.uk , Budimír 7, 04443 Budimír, by presenting the order confirmation and proof of purchase

- Shipping the product with all relate documents (mainly proof of purchase) to www.mardosport.co.uk ,Budimír 7, 04443 Budimír, only by designated courier, not by regular postal service! Plesae attach the returned product with the proof of purchase and original shipping confirmation.We recommend attaching also the filled it claim form.

PRODUCTS TO BE EXCHANGED / RETURNED / REFUNDED shall be sent by COURIER

We do not pick up returns from the post office and shall not process the post-based returns

5.7 The customer shall attach the returned product with, a legible original or copy of the proof of purchase and detail description of the damage or malfunction. The product shall be shipped in its original state with all accessories received.

5.8 Upon accepting the return, the vendor shall send to the customer a confirmation. If the return is processed via remote shipping the vendor must deliver the return confirmation and the refund confirmation. Confirmation of return does not need to be shipped if the vendor has opted to provide the proof in other manner. Return confirmation shall not be issued without product return.

5.9 If the product damage is deemed repairable by the vendor, the vendor reserves the right to repair the damage speedily and free of charge. The vendor is required to address the repairable damage without unnecessary delay. The customer can request a product exchange or a partial exchange if an interchangeable part of the product is damaged, provided that it wouldn´t cause substantial change of the product price or the damage severity. The vendor can always replace the damaged product with the new one, if this does not incur any difficulties for the customer. If the damage permanently prevents the product from being used in the intended way, the customer has the right to exchange the product or to terminate the sales contract. The same applies to the customer in if the damage can be repaired, but due to accumulated damage or subsequent product failure unrelated to the original damage, it prevents from the intended and safe use of the product. If the damage is deemed irreparable, the vendor reserves the right to offer an appropriate discount on the product.

5.10 The vendor shall issue a refund no later than 30 days from the return confirmation in accordance with the consumer protection law. The customer acknowledges that return confirmation and refund notification can be issued electronically via e-mail and supplied to the customer contact information provided. After concluding the return transaction as notified by e-mail, text message or by other means, the customer is required to pick up the replacement product within 15 days if the return was addressed via repair, discount, product exchange or denied return.

5.11 If the customer does not pick up the replacement product within 30 days after the return’s conclusion, repeated attempts at delivery or in - store within similar time frame, the vendor shall legally entitled to demand compensation from the customer of the storage fees incurred in order to house the product in relation to the storage time, space and location.

The claim form can be downloaded here (click to download)

6. PROTECTION AND HANDLING OF PERSONAL DATA

6.1 This declaration regarding protection of personal data relates only to the e-shop www.mardosport.co.uk subsidiary of SKI MOUNTAINS s.r.o. ,which is for the purposes of this declaration listed as the administrator of personal data protection (hereinafter the “Administrator”).

6.2 The subject of personal data gathered by the e-shop www.mardosport.co.uk , which has filled in and sent the order confirmation from this e-shop or concluded sales transaction with the Administrator.

6.3 Regarding storage of personal data the Administrator shall follow Act No. 18/2018 Coll. on Personal Data Protection in accordance with EC and EU Council Regulation No. 2016/679 dated Apr 27,2016, related to physical entities processing personal data, personal data free movement and cancellation of EC Regulation No. 95/46 / EC (General Data Protection Regulation - GDPR).

6.4 The Administrator shall store other less prioritized personal data required for compliance with the laws and regulations pertaining to sales and sales contracts concluded by the e-shop www.mardosport.co.uk or for provision of services offered and improvement of the e-shop effectiveness, etc. the efficiency of this E-shop etc.

6.5 The Administrator shall process personal data in a computerized and automated manner or manually.

6.6 The Administrator shall not keep any sensitive or unusual personal data related to the customer’s estate, national or ethnic origin, political affiliation, political party membership,religion, health status or sexual orientation etc.

6.7 Pursuant to Act No. 18/2018 Coll. on Personal Data Protection in accordance with EC and EU Council Regulation No. 2016/679 dated Apr 27, 2016, related to physical entities processing personal data, personal data free movement and cancellation of EC Regulation No. 95/46 / EC (General Data Protection Regulation - GDPR), personal data of the customer shall be processed by the Administrator within the extent necessary for fulfillment of legal and sales contract obligations, in which the customer acts as a second party to such transactions as does the subject of their personal data, which allows for contract fulfillment on the part of the service provider and the Administrator with the permission of the customer in an OPT-OUT manner, with respect to acknowledging the use of personal data for marketing purposes, entered into the order form located in the e-shop at www.mardosport.co.uk.

By agreeing to the use of personal data for marketing purposes and acknowledging the GDPR legislation for these purposes, the subject agrees that he/she is aware of their personal data usage rights, in particular the right to:

Legally request the access to their personal data
Legally request to adjust their personal data in case of errors or identified
Legally request the deletion or restricted use of their personal data
Legally object to the processing of personal data
Legal right to verify the accuracy of personal data
Legal right to withdraw from the contract, which shall not affect the aspect of personal data processing before the withdrawal
Legal right to file a complaint regarding the personal data processing to the appropriate supervision authority, namely the Personal Data Protection Authority.

6.8 The Administrator may change its approach to personal data protection, namely to reflect the actual approach thereto. In case of such change the subject shall be notified with request to sign a new agreement on terms and conditions on www.mardosport.co.uk

6.9 All personal data are collected by the Administrator on voluntary basis, with expect of providing personal data upon request of the justice system or to fulfilling any other legal obligations.

6.10 The subject may request the Administrator to delete, modify adjust or to withdraw permission regarding the use of personal data at info@mardosport.co.uk

6.11 The Administrator keeps personal data on the legal basis of fulfillment of its contract sales obligation and other service obligations with the customer and the subject of the personal data in the E-shop www.mardosport.co.uk. The following data are required to be kept as part of the sales contract and as evidence in the case of criminal acting:

Name and surname (in case of a business also its name, company identification number, and tax identification number)
Home address / billing address
shipping address
e-mail address
telephone number

The Administrator shall not collect personal data or other data for any other legal purposes. If the Administrator decides to collect such data, it shall be exclusively upon the permission obtained from the subject on the personal data use (ie. agreement to use personal data for marketing purposes, as requested in the order form on the e-shop www.mardosport.co.uk).

6.12 The Administrator is legally bound not to share the personal data described in the previous clause with any other third party (with the exception of the Administrator´s contract executing staff ) any other commercial interest not related to the e-shop at www.mardosport.co.uk without prior permit obtained from the subject. The Administrator is legally bound, upon request and without explanation from the subject, to delete any and all personal data from its database, with the exception of those that would identify the subject to the revenue office , which are at the time of deletion located in separate, backed up databases of the Administrator.

7. COOKIES

The customer agrees to the storage of cookies on their computer. In case of purchase made at the e-shop and the vendor´s capability to fulfill all legal sales obligations, without resorting to the storage of cookies, the customer may request to withdraw their agreement with regards to the cookies storage on their device.

8. FINAL PROVISIONS

These terms and conditions shall apply all sales contracts concluded between the customer and the vendor.

The vendor reserves the right to amend these terms and conditions at any time. Any amendment shall be published on the website www.mardosport.co.uk and in-store at least a month prior to the effective date.

These terms and conditions shall apply to purchases made on the e-shop at www.mardosport.co.uk subsidiary of SKI MOUNTAINS s.r.o.

Further provisions :

8.1 The vendor is obliged to store and archive this contract and related documentation in electronic form for 5 years. The archived contract is inaccessible by the customer. English language has been offered to conclusion of this contract. The customer is obliged to reproduce relevant sections of this contract in accordance with recognized legal regulations.

8.2 With respect to delivery of electronic communications to the customer, if the vendor has not received the notice on failed delivery of message (e-mail or text message) to the address or mobile phone number provided by the customer, such message shall be considered delivered 24 hours after the sending. Delivery is considered as effective even if the addressee refused the product transfer and/or if the addressee due to his/her own negligence or forgetfulness has not received the parcel on the planned time. In this case, the product is considered delivered after expiration of prescribed storage time and pick-up time as designated by the vendor concluding upon a completed return to sender transaction for which all applicable documentation was provided. The delivery notifications by courier service , such as those provided by UPS or the Slovak Post, shall be considered delivered upon the shipping confirmation receipt. If the courier delivery was unsuccessful, the delivery shall be considered as concluded on the third day after the initial delivery attempt, with every further attempt at delivery being notified to the customer and logged by the vendor and/or courier service. It is the exclusive right of the vendor to choose the method of communication with the customer in cases of missed delivery attempts (e-mail, text message or other).

8.3 In case of any of the terms and conditions listed herein becoming invalid or ineffective, this shall not affect the validity or effectiveness of any other terms and conditions listed herein. In such case, both parties have committed to replace the invalid or ineffective terms and conditions so as the intended meaning of the invalid term or condition is preserved at the time of its acceptance by the customer, that being the conclusion of this contract.

8.4 All actions by the vendor fall under the scrutiny of the Slovak Commercial Inspection Bureau (SCIB) for local Košický kraj, Vrátna č. 3, 043 79 Košice 1. Law of the Slovak Republic shall be the governing law. Any disputes between the vendor and SCIB which arise out of the product deliveries, sales contract and others issues shall be settle exclusively by the courts of the Slovak justice system.

8.5 The terms and conditions are shall come in force and become effective on the day of publishing on the vendor’s website and can be viewed there as well as at the vendor’s business site. The vendor reserves the right to cancel, amend or replace the terms and conditions with the new ones while acknowledging that the terms and conditions that apply to the sales contract are the ones that were published at the time of sale. By registering, as well as receiving the shipment and checking the box agreeing to the terms and conditions while completing the transaction on www.mardosport.co.uk , the customer confirms that he/she has read and agrees to the terms and conditions and the return policy (article 5), acknowledging them as a part of the sales transaction.

9. ALTERNATIVE DISPUTE RESOLUTION MECHANISMS

If the customer is not satisfied with the way the vendor handled the return, or it is presumed that the vendor has violated the customer’s rights, a request for corrective action can be submitted to the vendor. If the vendor fails to respond to this call for corrective action within 30 days frome it being sent, or if the vendor dismisses it outright, the customer may initiate alternative dispute settlement (ADR) with the competent arbitration body.

The arbitrator shall examine the request to determine whether ADR should be initiated or denied, based on the ADR rules. If the request is denied, the arbitrator shall inform the customer thereon.

After the ADR is initiated, the arbitrator shall contact both parties and attempt to mediate settlement of the dispute by finding compromises such that the rights of both parties are respected. During the ADR the arbitrator shall aim to settle the dispute in the speediest way possible and shall keep in contact with both parties via phone or e-mail; the arbitrator shall aim to settle the dispute within 90 days (expect a complicated ADR proceedings that may require extended term of settlement, handled on a case-by-case basis).

The point of the ADR is to find a compromise and thus allow both parties to come to a negotiated settlement.

If both parties fail to find a compromise but there is an obvious violation of the customer’s rights, the arbitrator shall submit the review thereo to the customer with explanation to the customer of violation of their rights how they can be used as a basis of a civil lawsuit.

The customer can initiate ADR on: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Alternatively, the list of arbitration entities ADR specialists - can be found on the Slovak Ministry of Economy - www.mhsr.sk