1. Introductory Provisions
1.1. These General Terms of Trade regulate the mutual rights and liabilities of the Seller, i.e. MOREX, spol. s r.o., based in Nádražní 481, Morkovice – Slížany, Postcode 768 33, Company Reg. No.: 48533157, Tax Reg. No.: CZ48533157, incorporated in the Commercial Register managed by the Regional Court in Brno, under File No. C 10975 (hereinafter “the Seller”), and of the Buyer for purchases made in the Internet stores at: www.morex.shop.
1.2. When the Buyer is a consumer, i.e. an individual, who is not acting within his or her business activity or performance of his or her job when purchasing the Goods from the Seller, the Purchase Contract is subject to these Terms of Trade. Any relations not regulated by these Terms of Trade are governed by Act No. 89/2012 Coll., the Civil Code, namely by the provisions regulating the consumer contract, and also by Act No. 634/1992 Coll., On Consumer Protection.
1.3. When the Buyer is not a consumer, the Purchase Contract is subject to these Terms of Trade except for the provisions of Art. 2.6, Art. 4, Art. 5.1.2, Art. 5.1.3, Art. 5.1.4 and Art. 6.7, and the provisions of Art. 5.2 and Art. 5.3 shall apply reasonably for the purpose of exercising rights arising from defects.
1.4. These Terms of Trade are an integral part of the Purchase Contract. The Purchase Contract is subject to the Terms of Trade effective on the day when the Buyer sends the order.
2. Conclusion of the Contract
2.1. By the Purchase Contract, the Seller undertakes to deliver the Goods, subject to the purchase, to the Buyer, and let the Buyer acquire the ownership title to the Goods, and the Buyer undertakes to accept the Goods and pay the purchase price and the cost of shipping. The ownership title to the sold Goods is passed onto the Buyer at the moment of the acceptance of the Goods.
2.2. The Buyer submits an order for the Goods to the Seller, using the form published on the website of the Internet store by sending the completed order form via www.morex.shop. The delivered completed order is considered to be a draft of the Purchase Contract and the Purchase Contract is considered to be concluded when the Seller confirms the order and sends a confirmation e-mail to the Buyer, no later than within one week after the receipt of the order. Such a concluded Purchase Contract can only be changed or cancelled by agreement between the Parties. The Seller is not liable for errors caused by data transfer.
2.3. The offer of the Goods in the Internet store is not considered a draft of the Purchase Contract under Section 1732 of the Civil Code.
2.4. When the ordered Goods are not in stock, the Seller shall immediately inform the Buyer; if the Buyer does not accept the notified delivery term of the Goods, or no agreement on the delivery of alternative Goods is made, the Buyer is entitled to withdraw from the Purchase Contract. When the ordered Goods are not in stock and the Seller is not able to provide their delivery (which the Buyer shall also be notified of), both Parties are entitled to withdraw from the Purchase Contract. When the price of the Goods in the Internet store is obviously wrong without explicitly stating that it is a special offer or discount, the Purchase Contract shall not be concluded, even when the confirmation of the order is sent; in this case, the Buyer will be contacted and the potential purchase of such Goods will be arranged individually.
2.5. The Buyer acknowledges that the Seller is not required to conclude the Purchase Contract, namely with entities who have substantially violated the Purchase Contract before (including the Terms of Trade).
2.6. The Buyer can withdraw from the Purchase Contract (cancel the order) after the order has been completed and confirmed by e-mail, until the acceptance of the Goods, for example, by sending an e-mail to info@morex.shop. For such withdrawal, the Buyer may also use the Seller’s form for withdrawal from the Purchase Contract, available for download on the website of the Internet store. If the Buyer has already paid the purchase price, the received financial funds will be immediately returned. If the Goods have already been shipped, and if the Buyer chose a different than the cheapest method of shipping offered by the Seller, the Seller shall refund the Buyer with an amount corresponding with the cheapest shipping method available.
2.7. The risk of damage to the Goods is transferred to the Buyer by their acceptance, even when the seller provided an opportunity to accept the Goods and the Buyer has not accepted the Goods due to reasons on the Buyer’s side.
2.8. The information about the offered Goods and materials, such as weight, dimensions, inventory, are for information only with regard to the natural character of the offered material, or manual production of the Goods. It cannot be considered binding.
2.9. The Buyer agrees with the use of the means of remote communication when concluding the Purchase Contract. The Buyer bears any costs incurred while using the means of remote communication in relation to the conclusion of the Purchase Contract (costs of the Internet connection, telephone charges), while these do not differ from the basic rate.
3. Payment for the Goods and Delivery Methods
Overview of possible methods of delivery and their prices in this link: Shipping and payment
3.1. The purchase prices are stated including VAT. VAT will not be charged to buyers with valid VAT payer registration with a place of business and point of delivery abroad, both within and outside EU. The Buyer has to prove to the Seller that they meet this condition, and the place of registration of the Buyer has to agree with the data on registration published on the website of the VIES system.
The purchase price is considered paid when the entire amount according to the Purchase Contract is credited to the Seller’s account, or when it is paid in cash at the Seller’s cash register.
3.2. The Seller will require advance payments from customers – entrepreneurs who have ordered Goods from the Seller with cash on delivery within one year and did not accept the Goods from the carrier; in this case, the Goods will not be delivered when the Buyer fails to pay in advance. Due to the aforementioned, such a customer will be asked to pay for the Goods by wire transfer even when they choose cash on delivery in the order, and the Goods will be shipped after the price of the Goods is credited to the Seller’s account; if the purchase price is not paid within a reasonable period, the Seller is entitled to withdraw from the Purchase Contract.
3.3. The Seller usually fulfils orders within 3 business days. The usual delivery term for buyers in the Czech Republic and Slovakia is the following business day after the acceptance by the contractual carrier. It cannot be considered binding. If the shipment is delayed, the Buyer can get more information at: www.geis-group.cz/cs/sledovani-zasilky
3.4. The delivery time to other destinations is individual and the Buyer can get more information at: www.geis-group.cz
3.5. The point of personal pick-up is at the Seller’s warehouse at Nádražní 481, Morkovice - Slížany, Postcode 768 33. When picking up Goods that are not paid for in cash at pick-up, the Buyer has to submit a document at the warehouse showing that the Goods have been paid in full. When the Goods are collected by someone else than the Buyer, the person has to provide a valid identity card and a power of attorney from the Buyer with the name of the authorised person.
4. Withdrawal from the Purchase Contract without Giving Reason
4.1. Under Section 1829, Art. 1 of the Civil Code, the Buyer is entitled to withdraw from the Purchase Contract without giving reason within 14 days after the acceptance of the Goods. The withdrawal can be delivered to the Seller to the address of the place of business, or by e-mail to info@morex.cz. The withdrawal period is maintained when the Buyer sends a notification to the Seller that they are withdrawing from the contract during that period. The Buyer can use the withdrawal form available for download on the website of the Internet store of the Seller. In case of doubts, the Buyer has to prove that the contract has been concluded with the Seller. The withdrawal completely cancels the Purchase Contract.
4.2 When the Buyer withdraws from the contract without unnecessary delay, the Buyer shall send the Goods with complete accessories to the Seller’s address, no later than within 14 days after the withdrawal. The Buyer shall wrap the Goods in packaging suitable for shipping fragile Goods to prevent any damage to the Goods. The Buyer bears the costs related to the return of the Goods after the withdrawal from the Purchase Contract, even when the Goods cannot be returned by the usual postal method due to its character.
4.3. The Seller shall refund the Buyer for the paid purchase price (including the price paid for packaging, payment and shipping of the Goods) within 14 days after the withdrawal from the contract in the same way as it was received from the Buyer, usually by wire transfer to the account stated in the withdrawal from the contract. If the Buyer chose other than the cheapest method of shipping that the Seller offers, the Seller shall refund the Buyer with an amount corresponding to the cheapest method of shipping. The Seller is not required to return the received financial funds to the Buyer until the Buyer has returned the Goods, or proves that the Goods have been sent to the Seller.
4.4. The failure to accept the Goods on the side of the Buyer is also considered to be withdrawal from the contract.
4.5. If the value of the Goods decreases due to handling the Goods in a way other than required to get acquainted with the character and properties of the Goods, including its functionality, the Seller shall be entitled to compensation of such damage in moneys. In this case, the Seller is entitled to set off their title to compensation of damage against the refund of the purchase price to the Buyer after withdrawal – the Buyer thus receives a refund of the purchase price reduced by the corresponding amount.
4.6. The Buyer acknowledges that under Section 1837 of the Civil Code it is not possible to withdraw from the contract on the delivery of the Goods modified according to the Buyer’s wishes or for the Buyer, as well as any perishable Goods or Goods that have been irretrievably mixed with other Goods, and from the contract on delivery of Goods in closed packaging that the Buyer removed from the packaging and that cannot be returned for hygienic reasons.
5. Warranty and Complaint Procedure Terms
5.1. Introductory Provisions
5.1.1. The Seller is liable to the Buyer for delivering Goods without defects upon acceptance. In particular, the Seller is liable to the Buyer for delivering Goods with properties that the Parties have agreed on, and if there is no arrangement in this regard, for delivering Goods with such properties that the Seller or the Manufacturer described, or that the Buyer expected with regard to the character of the Goods and on the basis of advertising, that the Goods is suitable for the purpose that the Seller states, or for which the Goods are usually used, that the Goods correspond with the quality or craftsmanship to the agreed sample or model, provided that the quality or craftsmanship is based on an agreed sample or model, that the Goods are in the corresponding quantity, dimensions or weight, and they comply with the requirements of legal regulations.
5.1.2. If a defect of the Goods is manifested within six months after acceptance, it is deemed that the Goods were defective upon acceptance.
5.1.3. The Seller provides warranty of quality of the sold Goods for a period of 24 months after acceptance of the Goods. The Seller may determine a longer warranty period in individual cases. If the Goods sold have already been used, the warranty period, or the period for the enforcement of rights arising from defective fulfilment, is reduced by half under Section 2168 of the Civil Code. The Seller does not provide any warranty and post-warranty service.
5.1.4. The warranty does not apply to the wear and tear of the Goods caused by its common use. The Seller hereby notifies the Buyer that the common durability of the product may be shorter than the stated warranty period and that the wear and tear of the Goods caused by its common use (the lapse of the product durability) is not a defect for which the Seller is responsible. In items sold at lower price (quality category II), the warranty does not apply to defects that led to the lower price. If they are used items, the warranty does not apply to defects corresponding to the level of use or wear and tear that the item showed upon acceptance by the Buyer. Furthermore, the warranty does not apply to defects of the Goods arising from the character of the item. In the aforementioned cases, it is not possible to exercise the rights from defects under Section 2165 of the Civil Code and these Terms of Trade.
5.1.5. The Buyer is not entitled to exercise any rights from defective fulfilment when the Buyer knew prior to accepting the Goods that they are defective, when the Buyer caused the defect, or when the defect was caused by an external event. In these cases, they are defects caused by improper use in contradiction with the instructions for use or the purpose of the Goods, due to insufficient maintenance etc.
5.2. Complaint Procedure
5.2.1. The complaint has to be filed without unnecessary delay after the defect of the Goods is detected, no later than by the end of the complaint period.
5.2.2. The Buyer may file a complaint with the Seller, at the address of Nádražní 481, Morkovice - Slížany, Postcode 768 33. In order to arrange the most suitable procedure for filing a complaint, the method of delivery of the Goods etc., the Seller can be contacted at 573 371 043, or by e-mail at info@morex.cz
5.2.3. According to the character of the Goods, most complaints can be filed by post and the Goods returned using a shipping service. In this case, the Buyer shall wrap the Goods in packaging so that it cannot be damaged. Together with the returned Goods, the Buyer shall send the Seller a notification of the complaint with the description of the defects, the required method of settlement and valid contact information. The acceptance of the returned Goods is immediately confirmed to the Buyer by e-mail.
5.2.4. If the Buyer files the complaint personally, a complaint report is written about the filed complaint, the defects and the request method of settlement.
5.2.5. To process the complaint, the Buyer shall prove that they purchased the Goods from the Seller, using the proof of purchase that the Buyer received together with the Goods.
5.2.6. The Goods have to be returned complete, with all accessories, and the Buyer has to deliver the Goods for the complaint procedure in a clean condition, in compliance with the hygienic regulations and general hygienic principles.
5.3. Processing a Complaint
5.3.1. If the complaint concerns a defect that can be removed, the Buyer is entitled to free, timely and duly removal of the defect and the Seller shall remove the defect without unnecessary delay.
5.3.2. Alternatively, the Buyer may demand a reasonable discount of the purchase price in case of a defect. Unless it is disproportional to the character of the defect, the Buyer may demand delivery of a new item without defects (replacement), or a part replacement, if the defect only concerns a part of the Goods. If the demand for the replacement of the Goods or their part is disproportional with regard to the character of the defect, particularly when the defect can be removed without unnecessary delay, the Buyer is entitled to the removal of the defect, free of charge.
5.3.3. If the Buyer becomes entitled to the replacement of the Goods or their part but such replacement is not possible (e.g. the Seller does not have any such Goods available), the Buyer may withdraw from the Purchase Contract.
5.3.4. The Buyer is entitled to a reasonable discount if the Seller cannot remove the defect of the Goods, as well as when the Seller does not remedy the matter in a reasonable period of time, or when the remedy of the matter would cause significant difficulties to the Buyer.
5.3.5. When the defect of the Goods can be removed and the Buyer cannot use the item properly due to a recurring defect after repair or due to a larger number of defects, the Buyer is also entitled to replacement of the item or withdrawal from the Purchase Contract, in addition to the right to have the defect removed, or to get a reasonable discount of the purchase price.
5.3.6. If the Goods have a defect that the Seller is liable for and it is an item sold for a lower price, or a used item, the Buyer is entitled to a reasonable discount instead of the replacement.
5.3.7. The Buyer is only entitled to demand a reasonable discount of the purchase price in Goods with value below CZK 100.
5.3.8. The Seller shall decide about a complaint immediately, or within three business days in complicated cases. This period of time does not include the reasonable time required for professional assessment of the defect, according to the type of the Goods. The complaint, including the defect removal, will be processed without unnecessary delay, no later than within 30 days after the day when the complaint was filed, unless the Seller and the Buyer agree on a longer period of time. The lapse of this period with no effect is considered to be a substantial violation of the contract and the Buyer shall be also entitled to replacement of the item or withdrawal from the Purchase Contract, in addition to the right to have the defect removed, or to get a reasonable discount of the purchase price.
5.3.9. The Buyer is informed of the settlement of the complaint by e-mail.
5.3.10. If the Buyer does not collect the Goods after the complaint has been settled within 30 days after the day when the Buyer was informed of the settlement, the Seller shall charge the Buyer a storage fee of CZK 50 for each commenced day of the delay. If the Buyer does not collect the Goods from the settled complaint within 6 months after the day when the Buyer was informed of the settlement, the Seller is entitled to sell the Goods and use the proceeds for the payment of the storage fee.
5.3.11. When the complaint is justified (authorised), the Buyer is entitled to compensation of necessary costs purposefully expended on the enforcement of the rights from defects of the Goods.
5.3.12. If the settled complaint is sent by a shipping service, it is necessary to check that the shipment does not show any signs of damage, and when the damage of its content is found after the shipment has been opened, it is recommended that the Buyer takes photos of the unpacked shipment in their own interest and keep the packaging, including all fillings. The Buyer and the carrier, or a delivery person, should prepare a report on the damage immediately upon detecting the damage of the unpacked Goods, in compliance with the terms and conditions of delivery subjects, no later than within 2 days. The Buyer can get more information about reporting damage of the shipment from the specific delivery subject or from the Seller.
6. Complaints
6.1. The Buyer declares that they have acquainted themselves with these Terms of Trade prior to sending the order, and that they agree with them.
6.2. If the relationship established by the Purchase Contract contains an international (foreign) element, the Parties agree that the relationship shall be governed by the Czech law, and that the Czech courts have the competence and jurisdiction in deciding upon disputes arising from the Purchase Contract, as well as from the relationships related to the contract. This does not affect the rights of the consumer arising from generally binding legal regulations.
6.3. The Seller is entitled to sell the Goods on the basis of a trade licence. The trade inspection is performed by the competent trade authority within its scope of activity. The Office for Personal Data Protection performs supervision in the field of personal data protection. The Czech Trade Inspection Authority also performs supervision, to a limited extent, of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
6.4. If any of the provisions of the Terms of Trade is invalid or ineffective, or becomes invalid or ineffective, it will be replaced with a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any changes and supplements of the Purchase Contract or the Terms of Trade require a written form.
6.5. The Purchase Contract including the Terms of Trade is archived by the Seller in an electronic form and it is not accessible. It is sent to the Buyer on request, at the Buyer’s expense. The Purchase Contract can only be concluded in Czech.
6.6. Seller’s contact information: postal address: Nádražní 481, Morkovice - Slížany, Postcode 768 33, e-mail address: info@morex.cz, telephone: +420 573 371 043.
6.7. Any potential disputes between the Buyer and the Seller can be solved out of court, for example, through the Czech Trade Inspection Authority (www.coi.cz) or via the platform for solving disputes on-line created by the European Commission. More information about solving disputes out of court can be found on the websites of these subjects using the provided links. The Seller recommends that the Buyer addresses first the Seller directly, for example using the e-mail address info@morex.cz, before approaching the out-of-court dispute solution.
6.8. These Terms of Trade become effective on 8 June 2018.