Terms and Conditions of Marinatips s. r. o.
1. Introductory provisions
- These Terms and Conditions (hereinafter also referred to as "TC") regulate the mutual rights and obligations between Marinatips s. r. o., with registered office at Mudroňova 4949/2, 080 01 Prešov, Slovak Republic, ID No.: 53 125 606, registered in the Commercial Register of the District Court of Prešov, Section: Sro, File No.: 40482/P (hereinafter also referred to as "Marinatips s. r. o."), as the Provider, and the other party as the Customer.
- Marinatips s. r. o. is the operator of the website www.marinatips.com
- Legal relations between the Provider and the Customer are governed by the legal regulations of the Slovak Republic, in particular Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts.
- Provider - Marinatips s. r. o. , which in concluding and performing the (consumer) contract acts within the scope of its business activity registered in the commercial register, and thus acts within the scope of its commercial or other business activity.
- Customer - a natural person, a consumer who orders a service - a licence, while concluding and executing a (consumer) contract does not act within the scope of his/her trade or other business activity.
- Order - a legal act of the Customer made through the website or application, on the basis of which the Customer orders services from the Provider in accordance with the current offer and the current price list of the Provider at the time of creating and sending the order.
- Contract - a contract concluded between the provider and the client pursuant to § 51 et seq. of Act No. 40/1964 Coll., the Civil Code. 2
- Online store and/or application - is a computer system located on the Internet with public access, which allows ordering goods.
3. Conclusion of the contract
- The Customer orders services from the Seller through the Application in accordance with the current offer and the current price list of the Provider valid at the time of creation and sending of the Customer's order to the Provider.
- The Customer is obliged to truthfully indicate his/her email contact in his/her order as well as all other data required by the online store or the Seller's application.
- The Customer is obliged to select the method of payment for the ordered services in his/her order.
- In the event that the Customer's order does not contain all the data according to these TC, the order shall be deemed incomplete and the Provider shall not be obliged to take it into account.
- The order of the Customer sent to the Provider via the App and the subsequent successful payment constitutes the conclusion of the Contract. The order is binding for the Customer.
- The Provider is entitled to accept the Customer's order, which contains all the data according to these TC.
- The Provider is entitled to confirm receipt of the Customer's order by means of an email message. Confirmation of receipt of the order and delivery of the service is an email message.
- Acknowledgement of receipt of the order shall conclude the contract between the Provider and the Customer to the extent specified in the acknowledgement of receipt of the order.
- In the event that the Provider is unable to deliver the services specified in the Order to the Customer for any reason, the Provider shall notify the Customer of this fact by telephone or email.
- The Provider shall state or attach in the email the following:
- Confirmation of payment for the service from Marinatips s. r. o.
4. Terms of service
- The Provider shall deliver the Services to the Customer in the manner specified in the acknowledgement of receipt of payment.
- The Provider shall deliver the Services to the Customer only after payment of the amount for the Service. The date of payment shall be deemed to be the date on which the amount for the service is credited to the Provider's account.
- The Provider shall not be liable for any delay in the delivery of the service due to force majeure and/or due to the delay caused by a third party.
- The Customer is obliged to inspect the delivered services without undue delay to the extent that the service meets all the described requirements.
- The Provider shall also deliver to the Customer a proof of payment for the delivered service.
- The Provider shall not be obliged to deliver the Services to the Customer before the Customer has paid the Provider the total amount under the Contract for the ordered Service.
5. Payment terms
- The purchase price of services is determined according to the current price list of Marinatips s.r.o. The current price list of services is available on the company's website www.marinatips.com and in the Marinatips mobile application, which is available in the App Store and Google Play.
- The Provider reserves the right to unilaterally reduce and/or increase the total price of the services, even after confirmation of the order, in the event of unforeseen cost increases such as changes in VAT, changes in customs duties and fees, etc. The Provider shall inform the Customer of such changes in an appropriate manner individually via email and on its website www.marinatips.com and shall propose an appropriate way of dealing with the situation in the event of such a circumstance. In this case, the price stated in the proof of payment shall be binding for the Customer.
- The Customer undertakes to pay the amount for the service in the manner specified in the order, unless otherwise agreed with the Provider.
6. Rights and Obligations of the Provider and the Customer
- The Provider undertakes to deliver the Services to the Customer in a proper and timely manner.
- The Provider undertakes to deliver the services in the required quality.
- The Provider undertakes to deliver to the Customer, together with the Services, the informative payment status and proof of payment relating to the Service.
- The Provider gives the Customer the opportunity to withdraw from the contract by means of the relevant documents at www.marinatips.com (withdrawal form).
- The Customer undertakes to inspect the service properly upon receipt.
- The Customer undertakes to notify the Provider by email or at www.marinatips.com/contact if the service has not been delivered properly and on time.
- The Customer undertakes to pay the price for the services in full.
- The Customer undertakes to provide the Provider with all necessary assistance in order to provide the service, in particular in the following scope:
- The Customer is obliged to provide true and complete information in the order,
- In the event of non-compliance with this cooperation on the part of the Customer, it is not possible to carry out the necessary actions and thus any contractual relationship between the Provider and the Customer is terminated.
- The Provider shall supply the Service to the Customer in the usual quality for the purpose agreed by the Parties. The Customer agrees and acknowledges that the Provider is entitled to use third parties of the Provider's choice to fulfil its obligation to deliver the Service.
- The Customer has the right to withdraw from the contract in accordance with Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Contract or a Contract Concluded Outside the Seller's Premises and on Amendments and Additions to Certain Acts. The provider gives the customer the opportunity to withdraw from the contract by using the relevant documents at www.marinatips.com (withdrawal form).
- The Provider is entitled to withdraw from the concluded contract immediately in case of complications with the system or in case of disruption of the system by third parties.
7. Complaint conditions
- The Customer has the possibility to file a claim with the Provider for defects in the Service (hereinafter also referred to as a "Claim").
- The Customer is obliged to notify the Provider of any defects in the Service immediately after their discovery.
- The Provider shall acknowledge receipt of the claim and issue the Customer with a confirmation of the service claim in an appropriate form. The date of the claim shall be deemed to be the date on which it is received by the Provider. If the acknowledgement cannot be delivered immediately, it shall be delivered without undue delay, but at the latest together with proof of the complaint. The acknowledgement of the complaint shall be sent to the Customer in writing.
- The Provider is obliged to settle the complaint within 30 days from the date of the complaint. After the expiry of the 30-day period for processing the complaint, the Customer has the right to withdraw from the contract and will be refunded the full amount for the service.
- The Customer has the right to contact the Provider with a request for redress (by e-mail to email@example.com) if he is not satisfied with the manner in which the Provider has dealt with his complaint or if he believes that the Provider has violated his rights. If the Provider responds to this request in a negative manner or fails to respond within 30 days of sending it, the Customer has the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity (hereinafter also referred to as "ADR") pursuant to Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts. ADR entities are bodies and authorised legal entities pursuant to §3 of Act No 391/2015 Coll. on Alternative Dispute Resolution and on Amendments and Additions to Certain Acts. The Customer may submit a proposal in the manner determined pursuant to §12 of Act 391/2015 Coll. on Alternative Dispute Resolution and on Amendments and Additions to Certain Acts.
- The Customer may also lodge a complaint via the RSO's alternative dispute resolution platform, which is available online at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK.
- Alternative dispute resolution can only be used by the customer - a natural person who does not act within the scope of his business, employment or profession in the conclusion and performance of the (consumer) contract. Alternative dispute resolution applies only to a dispute between the customer and the provider arising out of or related to a consumer contract. Alternative dispute resolution only applies to distance contracts. Alternative dispute resolution does not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the customer to pay a fee for the initiation of ADR up to a maximum of EUR 5 including VAT.
- The personal data of the Customer are processed by the Provider in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and in accordance with Act No 18/2018 Coll. on the protection of personal data and on the amendment and supplementation of certain acts. The Customer grants the Provider consent to the processing of personal data within the scope specified in these TC for the purpose of performance of the concluded contract. The Customer consents to the Provider's disclosure of his/her personal data to third parties (contractors, transport companies), solely for the purpose of performance of the contract. The Provider is obliged to protect the personal data from disclosure to unauthorized persons, which is processed by me in the security directive. The Customer has the right of access to his/her personal data and the right to rectification, including other legal rights in relation to such data. The Provider is entitled to process the Customer's data until the Customer has expressed his/her written disagreement with this processing.
- The Customer agrees to the processing of personal data for marketing purposes of the Provider's company Marinatips s. r. o. (creator of Marinatips - Smart Sailing Guide application). The Customer is entitled to withdraw this consent at any time.
9. Final Provisions
- The Provider reserves the right to amend these Terms and Conditions and the Complaints Policy without prior notice to the Customer. In the event of a change to the Terms and Conditions or the Complaint Conditions, the entire purchase process shall be governed by the Terms and Conditions that were in force at the time the Customer placed the order, which are accessible on the Provider's website.
- In the event that any provision of the T&C becomes or is determined by a court to be invalid, ineffective, or unenforceable, the invalidity, ineffectiveness, or unenforceability of such provision shall not affect the validity, effectiveness, or enforceability of the remaining provisions of the T&C, except where, by reason of the importance of the nature of or other circumstance relating to such invalid provision, it is clear that the provision in question cannot be severed from the other provisions in question.
- In the event that any of the above provisions of the TC shall be invalid and its invalidity is caused by any part thereof, the provision in question shall apply as if the part in question had been deleted. However, if such a procedure is not possible, the parties are obliged to ensure that all necessary steps are taken to agree on a provision with similar effect to replace the invalid provision in accordance with the applicable law.
- By sending the order, the customer confirms that he has read the terms and conditions and agrees with their wording.
- Otherwise not regulated relations in these terms and conditions as in their integral parts (annexes) shall be governed by the relevant legislation of the Slovak Republic.
- These TC shall come into force and effect on 1.1.2021.
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Information about this Website/App and these Terms & Conditions
The website www.marinatips.com (“Website“) is operated by Marinatips (“Marinatips“, “we” or “us”), in Presov and having its registered office at Marinatips, Presov.
Further information about how to contact us is set out below.
Please read these Terms & Conditions carefully before you start to use our Website (including accessing, browsing, or registering to use our Website), as they will apply to your use of our Website. By using our Website, you confirm that you accept these Terms & Conditions and that you agree to comply with them.
Other applicable terms
If you do not agree to these Terms & Conditions or our Privacy and Cookies Policy referred to above, we’d kindly ask that you do not use our Website.
Accessing our website
We will do our best to make sure that our Website and services are uninterrupted and that our Website and content are error free, although we can’t guarantee this. If we need to suspend or restrict access to, or update, our Website or content, we will do our best to minimise any disruption to you and attempt to restore the Website as soon as we can.
Content on the website
We may change or remove content or parts of our Website.
The legal rights, including the intellectual property rights, in our Website and any content on it is owned by us (or licensed to us by third parties). Our Website and content are protected by international copyright laws and database rights.
Where we provide links from our Website to other sites, this will be for information purposes only. We have no control over, or responsibility for, the content on those sites or resources.
Your use of the website
We are happy for you to use the content on our Website for your own personal, non-commercial use, provided that you keep intact all copyright and proprietary notices. You may not use our trade marks, logos, other intellectual property or any other content on our Website for any commercial, promotional, institutional or corporate purposes, unless you obtain our prior written consent.
Please do not copy, publish or otherwise seek to exploit our Website or our content or use our service for any illegal purpose or in any way that causes damage to our Website, is harmful to other users or which interferes with our intellectual property rights or our other rights and interests.
We will take the action we think is necessary to protect our service and our customers.
We cannot make any promises that the content on the Website is appropriate or available for use in locations outside of the Slovak republic and accessing the Website from territories where its contents are illegal or unlawful is prohibited.
Information purposes only
Although we have taken every care to ensure that the information provided on this Website is accurate, we make no representation or give no warranties or undertakings of any kind, express or implied, with regard to the accuracy, reliability, timeliness or completeness of any such information. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not:
- establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
- create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
Limitation of our liability
We exclude to the fullest extent permitted by law all liability resulting from your access to the Website including without limitation any loss (financial or otherwise) or damage resulting directly or indirectly from any such reliance.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
These Terms & Conditions and your use of the Website are governed by the laws of Slovak republic, and we and you both agree that the Slovak courts shall have exclusive jurisdiction in any dispute.
Who to contact
If you have any feedback, questions or complaints or any requests for technical support, then please contact us via a form.
Last updated on 1.1.2021.