1: GENERAL PROVISIONS
These terms govern the sale of the products presented on this site by the company: Marta Ray Di Marta Anna Ratajczak, Via del Moro 6, 00153 Roma Registered in Italy P. Iva.: 11089711003. The owner of martarayshop.com, martarayshop.it, martarayshop.pl, is hereinafter referred to as "Marta Ray.” Any user of the martaray.com website, using it (amongst other things) to make a purchasing agreement, is hereinafter referred to as "User."
Prices are presented in EURO, including VAT, but not including the cost of delivery.
The cost of delivery, unless otherwise specified, is to be covered by the website user.
- "Regulations" - these terms and conditions,
- "Agreement" - the contract that is made by the means of this Website between the Buyer and Marta Ray,
- "Order" - an order placed by the Buyer via this Website for one or more Products,
- "Personal Data" - all and any information provided by the Buyer in an Order or during the registration process on this Website, or given to Marta Ray by any other method, including your name, address, e-mail address, phone number and credit card details;
- "Product" - any product advertised on this Website;
- "Website” - internet site run on the domain martarayshop.com,
- "Buyer” - User, that enters the Agreement,
- "Account” - Website resources given by Marta Ray, which are accessible by the user in order to make purchasing agreements, and to be able to look into the history of one's orders.
- "Third party" - the person in whose favor the buyer enters into an Agreement and to whom the products will be delivered, as indicated by the Buyer during the ordering process.
- "Stationary shop" - one of Marta Ray shops in the Polish territory, a list of which is available at: martaray.it
- All goods are subject to availability and the details given are as accurate and complete as possible.
- Marta Ray does not guarantee full availability of Products.
- Marta Ray will take all reasonable measures to ensure that the details concerning availability, descriptions of Products, as well as posted pictures are as accurate and complete as possible. Even though we try to display very accurate pictures, colors may slightly vary from those shown on your screen due to the monitor calibration.
- The Prices of Products are presented in euro (EUR).
- All prices appearing on this Website are gross prices (including tax on goods and services at the prevailing rate).
- The cost of your Order will be the price of the ordered Products plus the appropriate delivery charge.
- Presented prices may alter. However, the prices which are given at the time of submitting an Order by the Buyer abide.
5.SUBMITTING AN ORDER
- It is not required for a User of this Website to posses an account in order to submit an Order.
- Creating an Account requires acceptance of the Regulations.
- A Buyer has to be an individual that has full legal acting rights.
- A Buyer's Order is submitted at the moment of making the payment and sending the Order to Marta Ray via the Website.
- Once the Order is received and the payment is booked, Marta Ray will send a confirmation of the Order to the Buyer's e-mail.
- The Agreement is made once the Buyer receives the Order confirmation from Marta Ray.
- The buyer may submit an Order for him- or herself or for a Third Party. In order to submit an order for a Third Party, the Buyer is obliged to provide personal data of that person (name, shipping address, phone number, e-mail address) in order to allow for contact with the Third Party and to deliver the Products to the Third Party.
- Regardless of whether the Buyer submits the Order for him or herself, or a Third Party, the cost of the Products and delivery are to be paid for by the Buyer.
- The Buyer may choose one of the payment options foreseen by Marta Ray, which are indicated on the Website in the "Payment Methods” section.
- When the Products get delivered to the Buyer, an appropriate document confirming the purchase will be enclosed.
- The Website martarayshop.com uses the.................................online payment service.
7.THIRD PARTY'S RIGHTS
- If a Buyer submits an Order for certain Products for a Third Party, the Third Party is entitled to the rights that accrue the Buyer, given by the Agreement.
- The previously stated provision does not eliminate the Buyer's rights to act accordingly, regardless of the Third Party's decision.
- The Third Party is liable for executing the rights given by the Agreement.
- In the case in which the Third Party executes its rights, which results in the need for Marta Ray to reimburse the Buyer's expenses, which is governed by the law, Marta Ray will return the charges directly to the Buyer.
The Buyer can choose one of the delivery options:
- Delivery made by courier.
- Personal pick-up at a stationary shop.
- Deliveries made by courier take place on working days (Mon-Fri), not including public holidays, to the address specified by the Buyer.
- When receiving the parcel from the courier, the Buyer should check the outer packaging as well as the contents inside, while in his presence. If the Buyer claims that something is missing, has a defect or is damaged, he/she should write a protocol stating that fact. If the Buyer notices that something is missing, has a defect or is damaged after he/she received the parcel, he/she should notify the courier within 7 days from it's delivery date, in order to file the claim on the protocol.
- Personal pick-up at a stationary shop is possible during normal working days and hours of that shop, but not later than 10 days after the Buyer (Third party) receipts information to the Buyer's (Third party) e-mail, that the Products are available at the shop. If the Products are not picked-up within the given term, Marta Ray may resign from the Agreement, informing the Buyer by sending a notification to Buyer's e-mail address.
- While picking-up the Products, the recipient should check the contents of the parcel, in the presents of one of the shop's employees. If something is missing, has a defect or is damaged, the recipient along with the employee should file a claim stating that fact.
- The Products may be personally picked-up at a stationary shop by the Buyer, once an adequate identification document is shown, or by a different person that's entitled to do so. In order to personally pick-up the Products at a stationary shop, a written letter of authority from the Buyer will have to be presented.
10.CONTRACTUAL RIGHT OF WITHDRAWAL FROM DISTANT AGREEMENTS
- The Buyer has the right to withdraw from the Agreement, without stating a reason, up to 10 days from the date of receiving the Products. To comply with the above given period, a written notice of withdrawal sent to Marta Ray's company address will be sufficient enough.
- If the Buyer withdraws from the Agreement prior to receiving the products when choosing a courier delivery option, then, due to the fact that it is not possible to withhold delivery of the Products to the Buyer from the time of confirmation of the Order by Martha Ray, the Buyer is obliged to collect the Products from the courier and make their return by sending them (by post or by courier) to the company's address or by return them to the stationary shop.
- It is possible for the Buyer to withdraw from the Agreement in whole or in part – concerning one or more ordered Products.
- The buyer is obliged to return the Products at their own expense, along with the sent written notice of withdrawal.
- The Products must be returned in the same state. In particular, the returned Products must be complete, without signs of use. They cannot be destroyed or damaged and must have the original tags.
- If the Buyer returns the Products by sending them (by post or courier) to the company's address , the Buyer should save the receipt, in case the shipment is lost by the post or courier.
- If the Buyer withdraws from the Agreement, Marta Ray will return the Buyer an amount equal to:
- the price of the Products and cost of shipment paid by the Buyer for the delivery of the Products to the Buyer – if the Buyer withdraws from the Agreement in its entirety,
- the price of the products, for which the Buyer withdrew from the Agreement - if the Buyer partially withdraws from the Agreement. In this case, the cost of delivery of the Products to the Buyer shall not be refunded, due to the fact that the remainder of the Agreement was not withdrawn from by the Buyer.
- Martha Ray returns the Buyer an adequate amount, as referred to in paragraph 7 above, promptly, not later than 15 days from the date when the notice of withdrawal from the Agreement was received.
- The reimbursement of the amount referred to in paragraph 7 above, shall be made to the Buyer's bank account from which the payment was made, or to the account of the credit card which the Buyer used to make the payment.
11.CONTRACTUAL RIGHT OF WITHDRAWAL
- In addition to the statutory right of withdrawal referred to in art. 10 of the Regulations, the Buyer shall be entitled to terminate the Agreement and return the Products within 30 days from the date of the Buyer's order submission.
- To withdraw from the Agreement, on the basis of these records, it is necessary to send a written notice of withdrawal to Martha Ray's company address (by post or courier). In addition to the withdrawal notice, the Buyer is obliged to include the product which concerns the claim, failing to do so, will result in an ineffective withdraw.
- The Buyer may withdraw from the Agreement, on the basis of these records, also by returning the Products at the Stationary Shop.
- Withdrawal from the Agreement, on the basis of these records, is only possible provided that the products were not given a discount price at the time of purchase, have not been used, have not been destroyed or damaged and have the original tags.
- To meet the deadline, referred to in paragraph. 1, it is necessary that the products reach Martha Ray on time (in the case referred to in paragraph. 2) or have been returned to the stationary shop (in the case referred to in paragraph. 3).
- During the period in which the Buyer has the statutory right to withdraw and the right to withdraw on the basis of these records, if in doubt, it is considered that the Buyer uses the statutory right of withdrawal, unless the buyer explicitly states otherwise.
- In the event of withdrawal from the Agreement by the Buyer, on the basis of these records, the Buyer will receive a reimbursement for the amount equal to the price of the Products for which he withdrew from the Agreement. The reimbursement shall be made promptly, not later than 15 days from the date when the notice of withdrawal from the Agreement was received by Marta Ray along with the Products or when the Products are returned at the stationary shop in accordance with paragraphs 3-8.
- For the remaining extent, provisions of art. 10 paragraph. 3, 10 and 11 of the Regulations abide.
- Martha Ray does not foresee a possibility to exchange a Product for another, with the exception of the provisions stated in art. 13 of the Regulations.
- If you wish to replace the Product, the Buyer should withdraw from the Agreement in regards to the Product, and then submit an Order for another Product.
13.PRODUCT INCONSISTENT WITH AGREEMENT
- Martha Ray is liable towards the Buyer, if the purchased Product at the time of its release is inconsistent with the Agreement. Martha Ray is not responsible for inconsistency of the Product with the Agreement, if the Buyer at the time of the purchase knew, or by reasonable assessment should have known about its inconsistency.
- The buyer may contact Martha Ray in regards to the Product that is inconsistent with the Agreement by:
- contacting the company and returning the Product to the company's address,
- coming to the stationary shop,
- The Buyer is entitled to use the rights, referred to in this Article, by submitting the original or a copy of proof of purchase made on the Website.
- If the product is inconsistent with the Agreement, the Buyer may demand to bring it into conformity with the Agreement by receiving a free repair or by replacing it with a new one, unless, the repair or replacement is impossible or requires excessive costs.
- Marta Ray will address the Buyer's request for repair or replacement within 14 days from the time the request was received.
- If the Buyer, for the reasons set out in paragraph 4, may not require a repair or replacement, or if Martha Ray fails to satisfy such a request in a timely manner, or if the repair or replacement would cause significant inconvenience to the Buyer, he/she has the right to demand an appropriate reduction of the price or he/she can withdraw from the Agreement; however, he/she may not withdraw from the Agreement, if the Product compliance with the Agreement is irrelevant.
- The Buyer loses the right, mentioned in paragraph 4 and 6, if he/she does not notify Marta Ray about the inconsistency of the Product with the Agreement, before the expiry of two months from the time the inconsistency was noticed.
- To meet the deadline specified in paragraph 7, a written notice must be sent before its expiry to the company's address or the Product that is inconsistent with the Agreement must be brought to the stationary shop in person.
- In case of failure or improper performance of the Agreement by Marta Ray, as well as in case of abnormal operation of the Website, you may file a claim.
- Claims may be filed:
- in writing to the company's address,
- in electronic form to the e-mail address: firstname.lastname@example.org.
- In the claim, the Buyer should:
- provide their name, and if he/she has an account - login to the account,
- state the circumstances justifying the claim, specifically indicating to the failure or improper performance of the Agreement by Marta Ray,
- state what is demanded of Martha Ray.
- Marta Ray will address the claim within 15 days and inform you of the outcome in writing to the recipient's address or in electronic form to the corresponding e-mail address.
- Online dispute resolution for consumers
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
- Martha Ray publishes the current version of the Regulations on the Website.
- The Regulations are published on the Website in a manner allowing the User to save and store them.
- Martha Ray can make changes to the Regulations.
- Marta Ray informs the Users, which possess an Account on the Website, in advance about the intention to introduce changes by sending an e-mail with the scope of changes and the time of their engagement.
- In case the User, which possesses an Account on the Website, does not accept the amendments to the Regulations, he/she shall have the right to resign from the Account on the Website within 14 days counting from the date of reception of the information about changes in the Regulations. The intention to resign from the Account, by the User, shall be forwarded to Martha Ray by writing back to the corresponding e-mail.
- If the User does not inform Martha Ray about his/her intention to resign from the Account within the period specified in paragraph 5, the amendment of the Regulations will be engaged on the date indicated by Martha Ray.
- It is not allowed to acquire products for the purpose of resale.
- All Agreements are governed by the Polish law.
Materials to download:
Refund form [PDF]