Terms & conditions
1. Introductory provisions
These Business Terms and Conditions apply to purchases of goods both within the Czech Republic and from abroad via the online shop www.mooria.eu (herein after the "e-shop"), and detail the rights and duties of the seller and the customer.
1. a) Seller:
MOORIA.EU s.r.o., with a registered office at B. Egermanna 471, Novy Bor, Postcode 47301, Czech Republic Company Reg. No.: 05720982, VAT Reg. No.: CZ05720982, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, File 38867.
The seller's contact details and mailing address: MOORIA.EU s.r.o., B. Egermanna 471, 473 01 Novy Bor, Czech Republic.
Email: firstname.lastname@example.org, Tel.: +420 776 806 676
1. b) Customer:
An individual person or business entity purchasing goods or products from the e-shop of the seller. We distinguish between a customer who is a consumer and a customer who is not a consumer. The customer who is a consumer does not act as an entrepreneur when concluding a purchase contract. The customer who is not a consumer concludes a contract in order to use the goods or services in his business activities. All contractual relationships under these Business Terms and Conditions are concluded in accordance with the law of the Czech Republic, and any relations not defined by these Business Terms and Conditions expressly will be governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "Consumer Protection Act"). If a customer who is not a consumer is a party to the contract, any relations not defined by the Business Terms and Conditions will be governed by the Civil Code. By sending a binding order, the customer confirms that he knows these Business Terms and Conditions, expresses an agreement with them and agrees to fully respect them.
2. Ordering method and conclusion of a purchase contract
If the customer is a consumer, a proposal to sign a contract (an offer) is locating the offered goods on the seller's website. To order the goods, the forms in the seller's e-shop should only be used, or purchases may be agreed at the e-mail address: email@example.com. Only a properly filled out order form including all required information is considered valid. Orders placed on the e-shop are considered binding. Prior to sending an order to the seller, the customer may check and edit the data entered in the order, even with regard to the customer's option to identify and correct mistakes incurred when entering data in the order. The seller is not responsible for any errors and mistakes in the order, made by the customer. Pictures of some goods may only be illustrative and do not have to fully correspond to the reality. The seller will confirm the order receipt to the customer without delay by an informative e-mail to the e-mail sent by the customer (the confirmation does not mean acceptance of the order). The seller is entitled to refuse an order which was sent with a note or variance substantially changing the seller's offer. The established contract (including the agreed price) may only be changed or cancelled on the basis of an agreement of the parties, or for legal reasons. For orders of bigger than a normal quantity of goods (i.e. more than 10 pcs of collars and other articles), the customer must contact the seller before sending the order in order to establish the availability of the goods to be produced. By sending the relevant order, the customer agrees with the price of the goods, delivery costs, selected method of shipping, as well as payment conditions. The place of the goods delivery is the delivery address specified by the customer in the order form. Ownership rights relevant to the goods will pass to the customer when the goods are delivered and accepted by the customer and when the purchase price is paid in full. The purchase contract is entered into when an order is sent by the customer and received (accepted) by the seller. If the customer is not a consumer, a proposal to conclude a purchase contract is the order of goods which was sent by the customer, and the purchase contract is entered into upon delivery of the seller's binding agreement with the proposal to the customer. The contract may be concluded in Czech and in English. Should there be any discrepancies between the language versions, the Czech version will prevail. The seller reserves the right to cancel the customer's order or its part (provided that the customer agrees with cancellation of a part of the order, otherwise the entire order will be cancelled) before concluding the purchase contract if the ordered goods are not manufactured any more, or the components needed for production are not available, or are sold out, or the price has changed considerably, or the goods would be delivered later than advised, or bigger than a normal quantity of the goods is ordered, etc. If an order or its part is cancelled as per previous sentence and the customer paid the purchase price or its part, the seller will refund the amount without undue delay, or remit the amount into the account, as agreed by the parties.
2. a) Subject matter of the contract and seller's rights and duties
The subject matter of the contract may only be the goods from the seller's e-shop as specified in the order which be delivered by the seller. The specification of the goods or services and descriptions of their main features are given with every item of the goods or services in the seller's e-shop. The seller is entitled to reject an order if the customer repeatedly fails to comply with his obligation to pick-up the ordered goods or to pay the relevant purchase price.
2. b) Customer's duties
The customer must give the correct and full mailing address of the place the goods should be delivered to (the place of delivery). The customer must take over the ordered goods and pay the purchase price as stated in the order, including shipping and handling fees.
2. c) Purchase price of the goods
The purchase price of the goods is the price quoted in CZK or EUR or GBP with individual goods in the seller's e-shop (the price in the offer is primarily quoted with VAT; it is also quoted without VAT for information purposes; if it is not clear whether the price is quoted with or without VAT, then it is the price with VAT). When new prices of the goods are displayed in the seller's e-shop, the previous prices of the goods become automatically ineffective, with the exception of the goods ordered by the customer while the original prices were still effective. The price of the goods does not include shipping fees. The fees are stated in every order separately, including their amount; by ending the order, the customer agrees with the amount of the fees and agrees to pay them to the seller. The purchase price is considered as agreed after concluding the purchase contract. If the price of CZK or EUR or GBP 0.00 is specified for the relevant goods, these goods may not be ordered. No rights may be exercised by the customer in relation to gifts provided free of charge. Such goods fulfil the conditions of a deed of donation and all standards laid down by the effective legislation.
3. Delivery terms
The methods of delivery are described at the websites of the seller's e-shop: www.mooria.eu/shopping/delivery
3. a) Date of goods delivery
The goods are produced individually based on the order placed by customer. Products are manufactured within 5 business days. The order will be accordingly delivered to the customer in the territory of the Czech Republic within 3 business days, in the territory of the EU within 5 business days, and outside the EU within 30 business days, exceptionally even within a longer period after sending an advice of shipment of the ordered goods by the seller to the customer.
If the goods are paid in advance according to section 4. letter a) item 2) of these Business Terms and Conditions, the seller does not have to ship the goods before the agreed purchase price is paid, including the shipping and handling fees, i.e. credited to the seller's bank account.
3. b) Freight forwarder
The shipment is provided by the forwarding partners of seller. The seller reserves the right to determine or change the shipping method (forwarder), based on the volume and weight of the goods, or due to security issues. A possible change in the shipment method will have no effect on the agreed shipping and handling fees.
3. c) Shipping and handling fees
Shipping fees are specified on the Seller's e-shop website: www.mooria.eu. These fees apply to the normal quantity of ordered goods. Shipments to foreign countries (only to customers who are consumers): The shipping and handling fees for packages sent to foreign countries (incl. VAT) depend on the country of destination, as specified in the order form, and are calculated for weight of goods up to 2kg. For orders with weight above 2kg, the seller may require an additional shipping and handling fees, of which the customer will be notified individually.
3. d) Delivery takeover
When the goods are delivered by the forwarder, the customer is obligated to check the package for possible damages, and if any faults are established, the customer must notify them to the forwarder immediately and will not take over the shipment of the goods. By signing the delivery/shipping document or another document of the goods delivery, the customer confirms that the shipment complies with all conditions and requirements as stated above. Any complaints filed later, regarding damaged packages of the shipment, will not be taken into consideration.
4. Payment methods
4. a) Payment of the purchase price and shipping and handling fees
The methods of payment of the purchase price and shipping and handling fees are described at the websites of the seller's e-shop: http://www.mooria.eu. The purchase price of the goods and shipping and handling fees may be paid as follows: 1) in cash on delivery, or 2) by advance payment via online payment method. The payment as per item 2) is required for sending the goods abroad (the place of delivery is located outside the Czech Republic), or 3) by a gift voucher - an unique code in the voucher must be indicated in the order, otherwise payment by the gift voucher is not possible; if the price of the goods exceeds the voucher value, the balance of the price of the goods must paid by any other method specified in this part of the Business Terms and Conditions; no compensation is provided for the unused part of the voucher. If payment is made on delivery – as per item 1) above, or if goods are paid in advance – as per item 2) above of this part of the Business Terms and Conditions, the customer must pay on receipt of the goods/before sending the goods, always the full purchase price (i.e. the price of the goods including shipping and handling fees). The relevant tax document will be sent by an email to the customer when the order is dispatched and also serves as the shipping document.
4. b) Costs for the use of distant communication means
The customer agrees with the use of remote communication means when concluding the purchase contract. The costs incurred by the customer when using remote communication means in connection with concluding the purchase contract (costs of internet connection or telephone calls) will be paid by the customer.
5. Withdrawal from the purchase contract
The customer who is a consumer is entitled to withdraw from the contract in any and all cases specified by the Act. The withdrawal is effective towards the seller upon receiving the customer's written declaration of withdrawal from the contract, provided that all necessary legal conditions are met. In the case of withdrawal from the contract, the contract is considered as null and void and the contracting parties are obliged to return to each other anything they provided to one another on the basis of the contract. If the contract is terminated due to exercising the rights resulting from liability for defects, the customer will only return the performance provided to him by the seller in the scope in which it is objectively possible in the particular situation.
The customer who is a consumer is entitled, according to the provision of section 1829 par. 1 of the Civil Code, to withdraw from the purchase contract without giving a reason within 14 days from the day that the goods were taken over. The customer undertakes to notify the seller of the intention to withdraw from the purchase contract by e-mail to the following address: firstname.lastname@example.org, or by registered letter to the seller's mailing address, including the order number, purchase details and account number for refund (unless another method of refund is agreed). The declaration of withdrawal from the purchase contract must be sent to the seller no later than on the last day of the 14-day period. For withdrawal from the contract, the customer may use the sample form which is attached to these Business Terms and Conditions. The seller shall confirm the receipt of the completed withdrawal form to the customer in text form without undue delay. The customer's right to withdraw from the contract without giving a reason, however, cannot be considered as an option to borrow the goods free of charge, which the customer hereby acknowledges. If the customer who is a consumer exercised his right to withdraw from the contract within 14 days from the takeover of the goods, he must return anything received on the basis of the purchase contract to the supplier; the customer shall send the goods back, or shall hand them over to the seller at the address of the Seller's registered office, complete and undamaged, unused or unworn, in the original package. When sending goods back to the seller, the customer agrees to pack the goods in a manner which would protect the goods against damage during the transport. The period for returning the goods is considered as kept if the customer sends or hands the goods back to the seller before expiry of 14 days from the day that the contract was withdrawn. After the customer returns the goods, the seller will refund all money received from the customer on the basis of the contract to the customer without delay, no later than within 14 days from the day that the declaration of withdrawal was delivered to the seller, including delivery costs (shipping and handling fees), using the same method of payment as the customer used, unless otherwise agreed. The seller does not have to return any received money to the customer before receipt of the goods returned by the customer, or before the customer proves that the goods were sent back to the seller, depending on which of the alternatives occurs sooner. The costs associated with returning the goods will be borne by the customer. If everything the customer received on the basis of the purchase contract cannot be returned (for example the goods were damaged in the meantime), the customer must provide a financial compensation to the seller for anything that cannot be returned. If the returned goods are damaged only in part, the seller may exercise the right to compensation for damages against the customer and to set off his claim against the customer's claim for refund of the purchase price, and in such a case the seller will only refund the purchase price reduced accordingly to the customer. The seller may also set off his costs actually incurred in relation to returning the goods against the purchase price which should be refunded to the customer. The right to withdraw from the contract cannot be exercised by a customer who is a consumer in the cases as detailed in the provision of section 1837 of the Civil Code (individual size, individual design, collar with name tag). The provision of this part of the Business Terms and Conditions will not apply to a customer who is not a consumer. The customer cannot withdraw from the contract, nor demand delivery of new goods, if he cannot return goods in the condition in which the goods were received. It will not apply if the condition of the goods changed in consequence of a check carried out in order to establish defects of the goods, if the customer used the goods before discovering a defect, if the goods cannot be returned because the customer changed the goods condition by his negligence or omission, or if the customer sold the goods before discovering a defect, and/or changed the goods in regular use; if the goods were changed only in part, the customer will return the remaining part of the goods that may be returned to the seller and will compensate the seller in an amount equal to the benefit the customer gained from using the goods. If the customer does not notify the seller of defective goods in due time, he will lose the right to withdraw from the contract.
Link to Withdrawal from the purchase contract: www.mooria.eu/files/form/contract-withdrawal.pdf
6. Miscellaneous provisions
6. a) Failure to take over the goods
If the customer does not take the goods over on delivery, or is delayed, the seller is entitled, if the goods ordered by the customer were to be delivered to the place of delivery determined by the customer in the purchase contract, to claim compensation from the customer for costs incurred by the seller due to the customer's delay or failure to take over the goods, the seller will also be entitled to withdraw from the purchase contract, whereby the seller's right to claim for damages will not be affected by the compensation of costs incurred or withdrawal from the contract. The costs incurred by the seller due to the customer's failure to take over the goods will be determined by agreement of the parties and will equal 35% of the cost of the goods individually produced (individual size, individual design, collar with name tag) and not taken over by the customer, plus shipping and handling fees.
6. b) Resolution of disputes
Both participating parties agreed to solve any disputes that may arise between both parties in a friendly and amicable manner. If a dispute with a customer who is not a consumer cannot be settled in an amicable manner, the competent court to resolve the dispute, according to the provision of section 89a of the Civil Procedure Code (Act No. 99/1963 Coll.), is the ordinary court having local jurisdiction over the seller.
6. c) Use of trade marks
The customer is aware that by purchasing the goods offered by the seller, he is not entitled to use any ownership rights and trademarks, business names or company logos belonging to the seller or to other companies, unless specified otherwise.
7. Liability for defects and complaints
The rights and duties of the parties regarding faulty performance will be governed by applicable generally binding regulations (primarily the provisions of sections 1914 to 1925, sections 2099 to 2117, and sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code). The seller is liable to the customer – consumer for assuring that the goods will not be defective.
The warranty period for the goods delivered by the seller to the customer who is a consumer is 24 months, unless a shorter period is determined by law. The warranty period will commence on the day that the goods are handed over to the customer, if the goods under the contract were shipped, the warranty period will commence upon delivery to the place of destination. The warranty period will be extended by a period during which the goods were repaired under the warranty. If the goods or their part are replaced, a new full warranty period will be given for the goods or their part. The warranty will not apply to wear resulting from regular use of the goods. In the case of a buying consumer, a complaint must be handled without undue delay, no later than within 30 days from the day it was filed, unless the parties agree a longer period. After expiry of that period, and if the complaint is not resolved, it is understood that the defects are irreparable. The customer will not have the right under the warranty if a defect was caused by an external event after the liability for damage to the goods passed to the customer. The period for handling complaints will be suspended if the Seller did not receive all parts of the goods, basic data, etc., as required for handling a complaint. The Seller must ask the customer to provide all basic data as soon as possible. The period will be suspended till the customer delivers the requested basic data. Till the customer exercises the right to a discount from the purchase price, or withdraws from the contract, the Seller may deliver missing items or remove a legal defect. Other defects may be removed by the Seller, at his discretion, either by repair of the goods, or by delivery of new goods; the selected option must not lead to unreasonable costs of the customer. If the seller does not remove a defect of the goods in due time, or rejects to remove a defect, the customer may request a discount from the purchase price, and/or may withdraw from the contract. If the customer chooses an option, he cannot change it without the seller's approval. After new goods are delivered, the customer will return the originally delivered goods to the Seller. If the customer exercises his right resulting from defective performance, the Seller will confirm to the customer in writing when the customer exercised the right, and if the goods are repaired, the repair and its duration will be confirmed as well. Complaints of customers who are entrepreneurs will be handled according to the Civil Code, or the relevant contract.
7. a) Customer
By sending an order, the customer expresses his agreement with the warranty conditions. The Customer is obligated to inspect the goods immediately after delivery and to inform the Seller about discovered defects in a timely manner. If the customer establishes any inconsistencies with the data stated in the purchase contract, delivery note and actually delivered goods, for example regarding the type or quantity, and/or if the customer does not receive a properly completed delivery note with delivery of the goods, the customer will inform the seller in writing without undue delay, but no later than within three days (the customer should also proceed in the same manner if he establishes other reasons due to which the goods are inconsistent with the purchase contract, in accordance with the provision of section 2161 of the Civil Code). The incorrect or defective order will be shipped back to the seller at the customer's expense. The customer will describe the nature of the defect as clearly as possibly, as well as the symptoms of the defect and attach the invoice, as well as other contact details, i.e. the phone number and e-mail address.
7. b) Cessation of the right to file a complaint
The right of the Customer to file a complaint will cease to exist if: usage or procedures that are against common or regular methods of handling, if the goods were used under conditions that are against common or regular methods of use, if the goods were damaged by excessive use or overload. The customer will not also have the right resulting from defective performance if he was aware that the goods are defective before taking them over, and/or if the defect was caused by the customer. If a complaint is not justified, it will be refused, the goods will be returned to the customer at his expense, or the goods will be repaired, after previous agreement with the customer, at the customer's expense, which the customer agrees to pay.
8. Closing provisions
The text of these Business Terms and Conditions will be valid and take legal effect on the day that the electronic order is sent. These Business Terms and Conditions will take effect on the day they are published in the seller's e-shop at http://www.mooria.eu, i.e. on 25 May 2018. The seller reserves the right to change or modify these Business Terms and Condition without any advance notice. These Business Terms and Conditions are produced in the Czech and English languages. In the case of any discrepancies between the two language versions, the Czech version will prevail.