CONDITIONS OF USE

Terms of Service

Welcome to the marsarms.com website, which is located at www.marsarms.com (the "Website"). This Terms of Service Agreement ("ToS") contains the terms and conditions that govern your use of the Website. This TOS describes your rights and responsibilities. The Website is provided by Marek Petrášek a Czech sole proprietor ("MARS&ARMS") with a place of business at Údolí 61, 374 01 Nové Hrady, Czech Republic. Use of the Website constitutes your acceptance of and agreement to this TOS. If you do not agree with this TOS you may not use the Website.

MARS&ARMS reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time, in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email within 14 days of the changes. If any change is unacceptable to you, your only recourse is to not use the Website. Your continued use of the Website following a posting of a change notice or new agreement on the Website will constitute binding acceptance of the changes.

This TOS incorporates the following agreements and policies:
Privacy Policy
Content Usage Policy

 

Ordering Policy

  • All orders submitted via the internet store marsarms.com are binding. By submitting the order, the buyer confirms that they have read and accepted these Terms of Service and all its parts and incorporated agreements and policies.
  • The order constitutes a draft of a purchase contract. The purchase contract comes into effect at the moment of receival of the ordered merchandise by the customer.
  • The order is valid only if all the required forms have been filled and information provided.
  • The place of deliver of the merchandise is the address the buyer specified in their registration form.
  • The seller does not have liability for different colour shades of the merchandise.
  • The property right for the ordered merchandise passes to the buyer at the time of receiving its delivery, assuming the buy price has been paid.
  • By filling the registration form or the binding order on this Website, the buyer gives the Website and MARS&ARMS their consent with collection and archiving of the buyer's personal information and information about their purchases. 
  •  

Purchase Contract Withdrawal

  • The buyer has ther right to withdraw the Purchase Contract within 14 days of receiving the merchandise. If they decide to do so, they must send the undamaged merchandise, without any marks of wear, within the specified period (the post stamp date being the deciding factor). After the returned merchandise is received, MARS&ARMS will provide a refund, sans any expenses relevant to re-stocking the merchandise, within 10 days using the same payment method as the customer.
  • *In case of withdrawing the Purchase Contract, the buyer is obligated to send the returned merchandise to MARS&ARMS's address. All expenses tied with transporting the returned merchandise are at the expense of the customer.

 

Rights and obligations of MARS&ARMS

 

 

  • MARS&ARMS is obligated to honour the binding order, send the ordered merchandise and transport it to the Buyer's address. The Buyer will receive a bill and a proof of purchase upon receiving the merchandise from the transport service.
  • MARS&ARMS is obligated to treat all customer data as confidential.
  • MARS&ARMS has the right to refuse an order if the Buyer repeatedly failed to honour their obligation to accept the merchandise delivery and pay the purchase price.
  • MARS&ARMS has the right to withdraw the Purchase Contract (binding order) if its fulfillment becomes impossible, unless MARS&ARMS and the Buyer come to a different agreement.


Rights and obligations of the Buyer

  • The Buyer is obligated to provide a complete and correct address to which the ordered merchandise is to be shipped.
  • The Buyer is obligated to accept the delivery of the ordered merchandise and pay the total purchase price. The total purchase price is made known to the Buyer during the course of ordering the merchandise, before the Buyer confirms the order.
  • The Buyer has the right to cancel an order unshipped order or to return the undamaged merchandise within 14 days since its delivery.


Final regulations

  • These Terms of Service are valid in the version published on marsarms.com at the moment of sending of the electronic order by the Buyer.
  • By sending the electronic order, the Buyer accepts and agrees to all points of the ToS, as valid at the time of the sending. The Buyer also acknowledges the price of the ordered merchandise as stated in the Website's catalogue, unless it was verifiably agreed upon otherwise.
  • Both MARS&ARMS and the Buyer agree that, unless otherwise specified in the ToS, all their rights and obligations are regulated by the Czech trade law, 531/1991 Sb.
  • MARS&ARMS®, TRIKA S VŮNÍ STŘELNÉHO PRACHU® and T-SHIRTS WITH THE SMELL OF GUNPOWDER® are registered trademarks. Their unauthorized use will be subject to prosecution.

 


Warranty

I. Opening regulations

1. These Warranty Regulations are given by MARS&ARMS to establish presumptions, terms, requirements and procedures of both MARS&ARMS and the Buyer in case that the Buyer has a justified reason to apply the rights of responsibility for defects of sold merchandise.

2. These Warranty Regulations were laid out according to §616 and following of the law No. 40/1964 Sb. in its current valid wording and §19 of the Consumer protection law No. 634/1992 Sb. in its current valid wording.

3. Warranty claims of a Buyer who is not a consumer comply to law No. 531/1991 Sb. in its current valid form. MARS&ARMS is in that case authorized to adequately apply these Warranty Regulations on non-consumer Buyer.

 

II. Conflict with the Purchase Contract

1. MARS&ARMS is responsible for the sold merchandise being in compliance with the Purchase Contract at the time of receival by the Buyer, mainly for being the merchandise the Buyer ordered and for being without defect. An item is considered to be in conflict with the Purchase Contract in case that it is not in compliance with the contract at the time of receival.

2. A Conflict with the Purchase Contract that manifests within 6 months since the receival of the merchandise is considered a Conflict that existed at the time of receival, unless this contravenes the nature of the merchandise or unless proved otherwise. This does not apply if the Buyer was acquainted with the Conflict before receiving the merchandise or if the Conflict was caused by the Buyer themself. Changes of properties of the merchandies due to natural changes of the material, use and wear are the main cases of Conflict with the Purchase Contract that contravenes the nature of the merchandise.

3. In case of the merchandise not being in compliance with the Purchase Contract at the time of receival, MARS&ARMS is obligated to, without unnecessary delays, ensure its compliance either by repairing or replacing the merchandise, based on an agreement with the Buyer. If this is not possible, the Buyer may ask for an adequate discount or can withdraw from the Purchase Contract.

 

III. Terms of Warranty

1. If a defect manifests in the bought merchandise within the Warranty Period, the Buyer has the right to make a Warranty Claim.

2. Defect is understood to be a change in the merchandise or its properties, which is caused mainly by the use of improper or low-quality materials, non-compliance with the proper technique or using an improper technique.

3. Changes in the merchandise or its proprieties that developed within the Warranty Period as a result of wear, improper use, insufficient or improper maintenance, natural changes in the materials from which the merchandise is made, any damage by the Buyer or a third person or by other improper action are not considered Defects.

4. If the Buyer makes a Warranty Claim on the purchased merchandise in the right way in compliance with point IV., a MARS&ARMS employee in charge of Warranty Claims is obligated to determine its validity immediately after receiving the merchandise; in more complicated cases within 3 working days after receiving the merchandise. Any time necessary for a professional assessment of the defect is exempt from this time frame.

5. The Warranty Claim is deemed as valid if the merchandise in question isn't in violation of general hygiene standards. The Buyer is obligated to submit merchandise that has been cleaned, is devoid of impurities and is hygienically sound. MARS&ARMS has the right to refuse to accept any merchandise that does not comply with the aforementioned hygiene standards to the Warranty proceedings.

6. The Warranty Claim including the removal of the defect will be completed without unnecessary delay, within 30 days from the day the Warranty Claim was placed. In justifiable causes, the employee in charge can make an agreement with the Buyer to extend this period. In case the defect is not removed within 30 days (or the longer, individually negotiated time) since the Warranty Claim was placed, the Buyer has the same rights as in the case of irrepairable defect.

 

IV. The correct procedure of placing a Warranty Claim

1. The Buyer can place the Warranty Claim:
- via e-mail sent to
info@marsarms.com
- in writing, delivered to MARS&ARMS address: Marek Petrášek, Údolí 61, 374 01 Nové Hrady, Czech Republic

2. The Buyer will either mail or personally deliver the merchandise in question to the MARS&ARMS contact address.

3. The Buyer will provide a Proof of Purchase or a MARS&ARMS bill. Without the proper Proof of Purchase, the Warranty Claim will be accepted only if the Buyer can prove they purchased the merchandise on marsarms.com with another credible document.

4. The employee in charge of Warranty Claims will e-mail the Warranty protocol to the Buyer to specify the process of Warranty Claim, mainly to inform them about the date and manner of the Warranty process completion, as well as about any repairs and their estimated completion date.

5. When the Buyer claims any of the Rights of Responsibility for Merchandise Defects, e.g. the right to have the defect removed, or the right for a discount, the Buyer is bound to that claim and cannot alter the choice of the selected right, unless otherwise agreed upon with the Employee in charge of Warranty Claims.

6. If MARS&ARMS determines the Warranty Claim as unjustified, the Employee in charge of Warranty Claims is obligated to inform the Buyer about the reasons of why the Claim was denied within 30 days from placing the Warranty Claim.

7. In case of a justified Warranty Claim, the Buyer has the right of reimbruisment for the shipping charges to the necessary amount. In case of an unjustified Warranty Claim, the Buyer has no right of reimbruisement of any expenses. The Buyer can get more information about their Warranty Claim by sending an e-mail to
info@marsarms.com

 

V. Warranty period, Warranty application period

1. The Parranty Period for merchandise is 24 months, starting at the moment of receival of the merchandise by the Buyer.

2. The Warranty Claim (the Right of Responsibility for Merchandise Defects) has to be placed in the warranty period, immediately after the defect manifests.

3. The time from when the Warranty Claim was placed to the moment when the Buyer is obligated to receive and accept the merchandise after the Warranty Claim is closed is exempt from thh Warranty Period.

4. If the merchandise is replaced as a result of the Warranty Claim, a new Warranty Period starts at the moment the Buyer receives the replaced merchandise. If the Warranty Claim results in replacing of a part (component) of the merchandise, the new warranty period applies only to the replaced part (component).

 

VI. Removable and Irremovable Defects

1. Defects that can be removed by repair without damaging the appearance, function and quality of the merchandise are deemed Removable Defects.

2. In case of a Removable Defect, it is the Buyer's right to have this defect removed without delay, properly and free of charge.

3. In case of a Removable Defect, the Buyer has the right to have the merchandise replaced or to withdraw from the Purchase Contract in these cases:
- The Warranty Claim wasn't closed within 30 days since it was placed, unless otherwise agreed upon
- The Buyer cannot properly use the merchandise because of a recurring Removable Defect after the merchandise was repaired or because there are multiple Removable Defects manifested. A Removable Defect is deemed recurring, if the same defect that has been removed at least two time already manifests again, or if any fourth Defect manifests. A merchandise is deemed as suffering from Multiple Removable Defects if it has at least three simultaneously occuring Removable Defects at the time the Warranty Claim is placed.

4. A Defect is deemed Irremovable if it cannot be removed or if the removal wouldn't be viable under the circumstances.

5. In case of an Irremovable Defect that prevents the merchandise from being properly used as one without defect, the Buyer has the right to:
- Demand the merchandise be replaced for a new one
- Withdraw from the Purchase Contract

6. In case the character of the Irremovable Defect doesn't prevent the merchandise from being properly used as one without defect and the Buyer doesn't demand it be replaced, the Buyer has a right for an adequate discount from the purchase price or to withdraw from the Purchase Contract. The character of the defect is taken into account when determining the discount.

 

VII. Final Regulations

1. These Warranty Terms constitute a part of the Terms of Service of marsarms.com