I. General provisions
1.1. This complaint procedure is issued in accordance with Act No. 40/1964 Coll. The Civil Code as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection as amended (hereinafter only the "Consumer Protection Act"), Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended, and Act No. 22/2004 Coll. on Electronic Commerce as amended. And regulates the legal relationship between the Seller, which is:
1.2. The seller is the company
Business name: MORIS trade s.r.o
Residence:Miloš Janoška 369/13, Štrba 059 38, Slovak Republic
Registered in the register of the Prešov District Court, Oddiel Sro, Insert number 40891/P
ID: 48 324 566
VAT number: 2121316901
VAT number: SK2121316901
Bank account: SK33 1100 0000 0029 4008 9892
Permit for the distribution and sale of consumer packaged alcohol in tax-free circulation: Registration number: 627332000076
The seller is a VAT payer
(hereinafter referred to as the "Seller") and any person who is a Buyer of goods or services offered by the Seller in the Seller's Online Store, and who acts as a consumer within the meaning of the provisions of the General Terms and Conditions published in the Seller's Online Store, these Complaints Rules and the relevant laws defining consumer, in accordance with the current legislation of the Slovak Republic, in particular Act No. 102/2014 Coll. on consumer protection when selling goods or providing services on the basis of a contract concluded at a distance or a contract concluded outside the Seller's premises, as amended, Act No. 250/2007 Coll. on consumer protection as amended and Act No. 40/1964 Coll. Civil Code as amended
1.3. Email contact and telephone contact for the Seller is:
Tel. no.: phone: +421 908 777 390
1.4. The address for sending documents, complaints, withdrawal from contracts is:
MORIS trade sro, Miloša Janoška 369/13, Štrba 059 38, Slovak Republic
1.5. These Complaints Regulations regulate the rights and obligations of the Buyer, who is a consumer when exercising rights due to defects in the item (goods) or services in terms of a distance purchase contract concluded with the Seller through the Seller's electronic store www.moristrade.com
1.6. The buyer is any person (natural person or legal entity) who submitted an order via an electronic order form using the Seller's website, or by other means of communication.
1.7. The consumer is the Buyer, who is a natural person, and who, when concluding a purchase contract through the Seller's Internet store, is not acting within the scope of his business activity.
1.8. These complaint regulations regulate the legal relations between Buyers who are consumers and the Seller. With the exception stated in point 4.12. of this Complaints Procedure (Declaration of the Seller on the warranty period in the event that the Buyer does not act as a consumer).
1.9. Products (hereinafter referred to as "Things") are goods, services and electronic content not supplied on a physical medium, which are intended for sale and are simultaneously published in the Seller's online store.
2.1.Relations of the Seller's responsibility for defects in goods or services (as well as other legal relationships that may result from the contractual relationship) with natural persons who, when concluding a purchase contract, do not act within the scope of their business activity (consumers) are applied except of the general provisions of Act No. 40/1964 Coll. Civil Code as amended, as well as special regulations, in particular Act No. 102/2014 Coll. on consumer protection in the sale of goods or provision of services based on a contract concluded at a distance or a contract concluded outside the Seller's premises and Act No. 250/ 2007 Coll. on consumer protection.
2.2. Legal relations resulting from the exercise of rights from liability for defects between the Seller and the Buyer, who is a legal entity or a natural person, an entrepreneur who acts as part of his business activity /persons who are not in the position of a consumer/ are governed by Act No. 513 /1991 Coll. Commercial Code as amended. With the exception stated in point 4.12. of this Complaints Procedure (Declaration of the Seller on the warranty period in the event that the Buyer does not act as a consumer).
2.3. Pursuant to §3, par. 1, letter n), of Act No. 102/2014 Coll. The seller informs the consumer that there are no special relevant codes of conduct to which the seller has undertaken to comply, whereby the code of conduct is understood as an agreement or a set of rules that define the behavior of the seller, which has undertaken comply with this code of conduct in relation to one or more special business practices or business sectors, if these are not established by law, or other legal regulations or a measure of a public administration body), which the seller has undertaken to comply with, and in the manner in which the consumer can familiarize with them or obtain their wording.
III. Seller's liability for product defects (goods and services)
3.1. The seller is obliged to deliver the item (goods) or service in accordance with the concluded purchase contract, i.e. in the required quality, quantity and without defects (factual, legal).
3.2. The Seller is responsible for defects in the sold item or service upon acceptance by the Buyer. If it is not a used item, the Seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The Seller advises the Buyer to claim defects in the goods or services with the Seller without undue delay. In the case of used items, the Seller is not responsible for defects caused by their use or wear. In the case of items sold at a lower price, he is not responsible for a defect for which a lower price was negotiated.
3.3. The buyer is entitled to inspect the sold item or service before taking it over.
IV. Warranty period
4.1. The warranty period is 24 months. The warranty period for used items is 12 months. Warranty periods begin to run from the delivery of the item or service to the Buyer.
4.1.1. Rights from liability for defects in things that deteriorate quickly must be exercised by the Buyer no later than the day following the purchase; otherwise the rights will expire.
4.1.2. The warranty period for consumer goods is 24 months. However, if the product has an expiry date, in that case the period is reduced only to the date marked on the packaging of the product.
4.1.3. For foods where the date of minimum durability is indicated, the warranty period is valid until this date.
4.2. If it is not a matter of items that spoil quickly or of used items, the Seller is responsible for defects that occur after taking over the item during the warranty period (warranty). The warranty period is 24 months. If there is a period of use marked on the item sold, its packaging or instructions attached to it, the warranty period does not end before the expiration of this period.
4.3. If it is a used item, Buyers and Sellers can also agree on a shorter warranty period, but not shorter than 12 months.
4.4. For things that are intended to be used for a longer period of time, special regulations establish a warranty period longer than 24 months. A warranty period exceeding 24 months may also cover only a part of the item.
4.5. At the request of the Buyer, the Seller is obliged to provide a guarantee in writing (warranty certificate). If the nature of the matter allows it, it is sufficient to issue a proof of purchase instead of a warranty certificate.
4.6. By making a statement in the warranty certificate issued to the Buyer or in an advertisement, the Seller may provide a warranty exceeding the scope of the warranty established in this law. In the warranty certificate, the Seller specifies the conditions and scope of this warranty.
4.7. Warranty periods begin to run from the time the item is taken over by the Buyer. If the purchased item is to be put into operation by an entrepreneur other than the Seller, the warranty period will begin to run from the day the item is put into operation, as long as the Buyer ordered the putting into operation no later than three weeks after taking over the item and properly and timely provided the cooperation necessary for the performance of the service.
4.8. If there is an exchange for a new item, the warranty period starts again from the receipt of the new item.
4.9. If a part of a new thing is exchanged, where the nature of the thing allows it. The warranty period for the mentioned part will start again after taking over the new thing. The same applies if a part of the thing for which a warranty was provided is replaced.
4.10. Rights from liability for product defects for which the warranty period applies shall expire if they have not been exercised within the warranty period.
4.11. The warranty period is extended by the period during which the goods were under complaint. Rights from liability for product defects, for which the warranty period applies, expire if not exercised within the warranty period.
4.12. Following § 429, para. 2 of Act No. 513/1991 Coll. Commercial Code as amended, the Seller declares that in the case of the length of the warranty period in business relations between the Seller and the Buyer, who does not act as a consumer. The seller assumes a guarantee for the quality of the goods for a duration of 12 months. The warranty period begins to run in accordance with the provisions of Art. IV, point 4.1 of these Complaints Regulations.
V. Procedure for exercising rights from liability for defects (Complaint)
5.1. The buyer is entitled to exercise rights from liability for defects in items, goods, or services at the address: MORIS trade s.r.o., Miloša Janošku 369/13, Štrba 059 38, Slovenská republika
The Buyer can always use the right to make a claim in person at any of the Seller's establishments, where the acceptance of the claim is possible due to the nature of the item, or at the Seller's headquarters, or through third parties, e.g. transport companies, courier companies, Slovak Post and others. The Seller recommends the Buyer to use this to apply for a claimComplaint form.
When making a complaint, the Seller recommends that the Buyer submit an invoice, warranty card, or other document proving the purchase of the claimed goods or services from the Seller. The Seller recommends the Buyer to describe the defect in the goods or service when applying for a claim.
5.1.1. In the event that the Buyer advertises the goods or services other than in person, the Seller recommends the Buyer to send the goods together with a detailed description of the defect in the goods, and a document proving the purchase of the goods from the Seller (for example, proof of payment, invoice, warranty card), in order to speed up the claims process.
5.1.2. In case of a complaint, we recommend sending the goods in the recommended form. The Seller recommends not sending the goods by cash on delivery, which will not be accepted by the Seller.
5.1.3. The seller is obliged to issue a confirmation to the consumer when making a complaint. If the claim is made via remote communication, the Seller is obliged to deliver the confirmation of the claim to the consumer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with the proof of claim processing; confirmation of the application of the complaint does not need to be delivered if the consumer has the opportunity to demonstrate the application of the complaint in another way.
5.1.4. The seller is obliged to issue a written document about the processing of the complaint no later than 30 days from the date of application of the complaint, but no later than together with the document about the processing of the complaint, if the deadline for processing it began to run from the day the subject of the complaint was taken over by the seller.
5.2. Handling the complaint does not affect the consumer's right to compensation for damage according to a special regulation.
5.3. The seller is obliged to determine the method of settlement of the claim according to § 2 letter m) of Act No. 250/2007 Coll., as amended (the completion of a claim means the termination of the claim procedure by handing over the repaired product, exchanging the product, returning the purchase price of the product, paying an appropriate discount on the price of the product, a written invitation to take over performance or reasoned rejection) immediately, in complex cases no later than 3 working days from the day of the complaint, in justified cases, especially if a complex technical evaluation of the condition of the product or service is required, no later than 30 days from the day of the complaint. After determining the method of processing the claim, the claim is processed immediately, in justified cases, the claim can be processed even later; however, processing of the claim may not take longer than 30 days from the date of application of the claim. If the subject of the complaint is taken over by the seller on a later day than the day the complaint is applied, the time limits for handling the complaint according to this paragraph begin to run from the day the subject of the complaint is taken over by the seller; however, at the latest from the moment when the seller makes it impossible or prevents the taking over of the object of the complaint. After the expiry of the deadline for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange the product (the subject of the complaint) for a new product.
5.4. If the consumer made a complaint about the product within the first 12 months from the purchase, the Seller can handle the complaint by rejecting it only on the basis of a professional assessment; regardless of the result of the expert assessment, the consumer cannot be required to pay the costs of the expert assessment or other costs related to the expert assessment. The seller is obliged to provide the consumer with a copy of the expert assessment justifying the rejection of the claim no later than 14 days from the day the claim was processed.
5.5. If the consumer made a complaint about the product after 12 months from the purchase and the Seller rejected it, the person who handled the complaint is obliged to indicate in the complaint handling document to whom the consumer can send the product for expert assessment. If the product is sent for expert assessment to a designated person, the costs of the expert assessment, as well as all other costs related to it, are borne by the Seller, regardless of the result of the expert assessment. If the consumer proves the Seller's responsibility for the defect through expert assessment, he can apply the claim again; the warranty period does not expire during the performance of the expert assessment. The seller is obliged to reimburse the consumer within 14 days from the date of re-application of the complaint all costs incurred for the expert assessment, as well as all costs related to this. A renewed claim cannot be rejected.
5.6. The consumer has the right to reimbursement of necessary costs (especially the postage paid when sending the claimed goods) incurred in connection with the exercise of legitimate rights from liability for defects in goods and services. In case of withdrawal from the contract due to a defect in the item or service, the consumer also has the right to reimbursement of the costs of this withdrawal.
5.7. Requirements for expert assessment in accordance with point 5.4 of this article:
The expert assessment must include:
a) identification of the person who performs the expert assessment,
b) exact identification of the assessed product,
c) description of the condition of the product,
d) the result of the assessment,
e) date of preparation of the expert assessment.
5.8. If the nature of the product allows it, the consumer will hand over the product to the Seller (designated person) when making a claim. If the nature of the product does not allow the product to be delivered to the seller (designated person), the consumer can request the removal of the defect at the place where the product is located or agree with the Seller (designated person) on the method of transporting the product when making a complaint.
5.9. The time from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation of when he exercised the right, as well as of the repair and its duration.
VI. Buyer's rights when exercising rights from liability for defects
6.1. If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, on time and properly. The seller is obliged to remove the defect without undue delay.
6.2. Instead of removing the defect, the Buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part, if the Seller's team does not incur disproportionate costs in view of the price of the goods or the severity of the defect.
6.3. The Seller can always replace the defective item with a faultless one instead of removing the defect, if this does not cause serious difficulties for the Buyer.
6.4. If it is a defect that cannot be removed and which prevents the item from being properly used as a defect-free item, the Buyer has the right to exchange the item or withdraw from the contract. The same rights belong to the Buyer if the defects can be removed, but if the Buyer cannot properly use the item due to the reappearance of the defects after repair or due to a larger number of defects.
6.5. If there are other non-removable defects, the Buyer has the right to a reasonable discount from the price of the item.
VII. Final provisions
7.1. This Complaints Policy forms an integral part of the General Terms and Conditions and the Principles and instructions on the protection of personal data of this online store. Documents - General business conditions and Principles and instructions on the protection of personal data of this online store are published on the domain of the Seller's online store.
7.2. In the event of a change in the Complaints Procedure, the relationship between the Buyer and the Seller is governed by the Complaints Procedure valid and effective at the conclusion of the Purchase and Sale Agreement, until the moment of its termination.
7.3. This complaint procedure is valid and effective at the moment of its publication in the Seller's online store on 02/15/2021
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