§ 1 Definitions
The terms used in these General Terms and Conditions have the following meanings:
Delivery - the manufacture of the designated goods and their delivery to the place indicated by the Customer or any other service provided under the Agreement concluded with the Customer, including the shipment of goods or the performance of services as a result of acceptance (for execution) by MORIS of an order placed by the Customer through the Platform;
Customer - a natural person, legal entity or organizational unit that is not a legal entity, which is granted legal capacity by law, who concludes an Agreement with MORIS;
MORIS - Moris Spółka z ograniczoną odpowiedzialnością with its registered office in Chorzów (41-503), 27 Wiejska street, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód in Katowice, VIII Economic Division of the National Court Register under KRS No. 0000407187, NIP 6462926930, REGON 242812590, with the share capital of PLN 46,000,000.00;
GTC - General Terms and Conditions constituting appendix No. 1 to the Agreement;
Platform - the shopping platform on the website: www.moris.eu
Parties - MORIS and the Customer together under the concluded Agreement;
Agreement - an agreement for delivery of goods or provision of a service concluded by and between MORIS and the Customer, including as a result of the Customer placing an order via the Platform with subsequent confirmation and acceptance of the order for execution by MORIS;
§ 2 General Provisions
1. The GTC are applicable to the Agreement and are an integral part of the Agreement.
In the event of any discrepancy between the provisions of the Agreement and the GTC, the provisions of the Agreement will prevail.
2. The GTC are valid for the entire term of the business cooperation between MORIS and the Customer. By entering into the agreement, the Customer, or the person authorized to act on its behalf, certifies that it is familiar with the GTC and that it accepts them in full.
3. Any and all the additional arrangements will be binding on the Parties to the Agreement only upon confirmation by the Parties to the Agreement which must be made in writing to be valid.
§ 3 Terms and Conditions of the Agreement
1. Any and all the services will be provided under the Agreement.
2. If an order is placed via the Platform, the agreement will be concluded as soon as MORIS confirms it by email or notification on the Platform.
3. An order placed via the Platform should specify, in particular: Customer's identification data, type of service or object of performance, characteristics of the goods or services.
When placing an order, the customer will make the following statement:
“I declare that I am not in arrears with payments of due and payable liabilities and I am not listed in the National Register of Debtors (Krajowy Rejestr Zadłużonych), the Economic Information Bureau (Biuro Informacji Gospodarczej), the National Debt Register (Krajowy Rejestr Długów), the National Economic Information Bureau (Krajowe Biuro Informacji Gospodarczej), or any other register containing data of unreliable debtors.”
In the case of a false statement and/or negative verification of the Customer, MORIS reserves the right to refuse to confirm the order or accept it for execution.
4. MORIS will not be responsible for the effects of the service provided in the case of use of improper materials, other than that indicated in the Agreement, in the case of prior notice to the Customer or hidden defects in materials of the goods delivered.
§ 4 Deadline for Delivery or Provision of Services
1. The Delivery deadline will be the deadline indicated in the Agreement.
2. In the case of Agreements concluded as a result of an order placed through the Platform, unless otherwise agreed by the Parties in an Agreement, the deadline indicated in MORIS' statement of acceptance of the order for execution is an estimate only.
MORIS reserves the right to change that deadline, taking into account, in particular, the provisions of the GTC contained in section 6 and section 7.
3. MORIS will not be liable if Delivery is delayed due to unforeseeable, fortuitous events beyond its control.
4. Delivery of goods will be made in the manner indicated in the Agreement.
5. In the case of the conclusion of an Agreement through the Platform, as soon as the goods are shipped to the Customer, MORIS will be obliged to send to the Customer an email or post a notification on the Platform, to confirm shipment of the goods.
6. MORIS reserves the right to change the Delivery deadline in the case of circumstances beyond MORIS' control.
7. If the Delivery deadline is extended due to the fortuitous events, referred to in section 5, for more than 1 month, the Agreement may be terminated in that scope immediately, by written notice to the other Party.
§ 5 Payment
1. The price of goods or services is determined in the Agreement. The price consists, in particular, of VAT, the cost of delivery and other additional services, but any and all the costs that may arise during the execution of the order, such as transshipment, customs, or other fees and taxes applicable during the execution of the order, will be charged to the Customer, to which the Customer agrees by concluding the Agreement.
2. The Customer agrees to receive VAT invoices electronically, in the “.pdf” format, on the Platform. Then, for each Delivery, along with the shipping confirmation the Customer will receive information that the electronic invoice is ready.
3. If the Agreement does not provide otherwise, payment for the service provided will be made within 14 days of the date of issue of the VAT invoice, to the MORIS bank account number indicated in the Agreement, subject to section 4. When paying a liability by wire transfer, the Parties agree that the date of payment is the date of crediting the MORIS bank account.
4. In the event of a delay in payment of the price referred to in section 1, MORIS will be entitled to withhold further services to the Customer and to charge statutory interest for each day of delay. In addition, MORIS also reserves the right to request the return of delivered goods.
5. Online payments made through the Platform are handled by Blue Media S.A., with its registered office in Sopot. Blue Media S.A. is a national payment institution supervised by the Polish Financial Supervision Authority and is authorized by the National Bank of Poland to operate the BlueCash Payment System. It is PCI DSS certified and operates in accordance with the ISO 27001 standard.
Blue Media solutions meet the requirements of the following industry regulators: the National Bank of Poland, the Financial Supervision Authority and the Polish Personal Data Protection Office.
6. The platform supports nearly 400 forms of payment including, in particular: BLIK, 1-click payments, Pay by link, quick transfers via: mBank S.A. with its registered office in Warsaw, Bank Pekao S.A. with its registered office in Warsaw, Credit Agricole Bank Polska S.A. with its registered office in Wrocław, Santander Bank Polska S.A. with its registered office in Warsaw, PKO BP S.A. with its registered office in Warsaw, Nest Bank S.A. with its registered office in Warsaw, ING Bank Śląski S.A. with its registered office in Katowice, BNP Paribas Bank Polska with its registered office in Warsaw, City Bank Handlowy S.A. with its registered office in Warsaw, Alior Bank S.A. with its registered office in Warsaw, Bank Pocztowy S.A. with its registered office in Bydgoszcz, Bank Millennium S.A. with its registered office in Warsaw, Bank Nowy S.A. with its registered office in Poznań, T-Mobile Usługi Bankowe, Plus Bank S.A. with its registered office in Warsaw, card payments, Apple Pay, Google Pay, online installments, recurring payments, or Pay Smartney.
7. Blue Media Payment Regulations, Blue Media Website Regulations and BlueCash Payment System Regulations are available at: https://pomoc.bluemedia.pl/dokumenty.
§ 6 Guarantee and Warranty
1. MORIS ensures the high quality of its services and their compliance with the relevant standards appropriate for this type of service, concluded agreements and agreed specifications.
MORIS will provide services in good faith and with due diligence.
2. The Customer will be obliged to examine the goods for quality and quantity immediately upon receipt.
If the Customer discovers a non-conformity of the goods with the Agreement, it will inform MORIS immediately, but no later than within 3 days of the date of receipt of the goods, however, if the goods have been collected by the Customer at the registered office of MORIS, the Customer will be obliged to report the non-conformity immediately and have a report drawn up in the presence of a MORIS employee - otherwise complaints will not be considered.
3. The Customer can also submit a complaint via the contact form available on the Platform.
4. MORIS will be obliged to respond within 14 days of the date of receipt of the complaint.
5. The period of the guarantee granted by MORIS is 2 years of the date of receipt of goods or provision of services, unless otherwise agreed. If MORIS repairs the defective goods or provides new goods, the guarantee period will run anew.
6. If defects in the goods are discovered during the guarantee period, the Customer will be obliged to notify MORIS of the defects within 30 days of their occurrence.
In order to submit a notification, the Customer may use the contact form available on the Platform.
Notification of a defect must be confirmed by MORIS, and requires a response within 14 days of the date of delivery of the notification.
7. If defects are found, MORIS undertakes to replace the defective goods with defect-free goods or to remove the defect.
8. Replacement of the goods with defect-free goods or removal of the defect will take place immediately, but no later than within one month of the date of notification of the defect.
If the defect-free goods are not delivered within this period or if the defect is not removed, the Customer will be entitled to withdraw from the Agreement.
9. MORIS will be entitled to refuse to remove the defect if it would require excessive costs. Then, the defective goods will be replaced with new, defect-free goods.
10. In the event of withdrawal from the Agreement or request for defect-free goods, the Customer will deliver the goods to MORIS, at the Customer’s expense, within 30 days of the date of withdrawal from the Agreement or making the request.
11. The condition for acceptance of the complaint for examination by MORIS will be delivery, in the conditions indicated in section 10, of the goods that are undamaged and not processed in production processes or in any other way.
In addition, the goods must be traceable as to the parameters contained in the certificates, and in the case of pre-packaged goods, they must be delivered in original and undamaged packaging.
Otherwise, MORIS reserves the right to refuse to accept the complaint for examination.
12. Rights resulting from the warranty for physical or legal defects will expire two years of the date of delivery of the goods to the Customer.
This entitlement is granted only to a Customer who is a consumer in accordance with Article 221 of the Civil Code Act of 23 April 1964 (Journal of Laws of 2022, item 1360, as amended).
13. MORIS is not responsible for defects in goods resulting from their use in a manner inconsistent with their intended use and technical properties, resulting from workmanship or design errors of third parties and from failure to follow the manufacturer's instructions.
14. MORIS will be relieved of any liability under the warranty if the Customer has known of the defect at the time of placement of the order, conclusion of the Agreement, or delivery of the goods.
§ 7 Liability and Contractual Penalties
1. In the event of withdrawal of an order in whole or in part, the Customer will be obliged to cover any and all the costs incurred by MORIS in connection with its execution.
2. In the case referred to in section 1, MORIS will also be entitled to charge the Customer a contractual penalty in the amount of 25% of the total price due.
Any and all the prepayments made by the Customer will be credited to the contractual penalty first.
3. In view of the Customer's failure to pay for and/or collect the service by the deadline agreed upon by the Parties, the Customer will be liable for the resulting damage.
4. If the Customer fills in the delivery or registration address details themselves during registration process, they are solely responsible for their accuracy, completeness, and validity. Moris is not responsible for the consequences of the Customer providing incorrect or outdated data, in particular with regards to deliveries or issuing sales documents.
5. If it is not possible to deliver the material for reasons attributable to the Customer (including, among others, the lack of appropriate technical conditions for receipt), the Customer may be charged with the costs incurred by the Seller in connection with the organization of transport, in particular the costs of transport, storage, or return of the goods. The amount of the costs will be determined on the basis of the actual expenses incurred.
§8. Withdrawal from the Agreement
1. In the case of concluding an agreement through the Platform, the Customer who is a consumer will have the right to withdraw from the Agreement without stating the reason, within 14 days of the date of receipt of the purchased goods (or the last item, batch or part of the goods, if the order concerns several batches or parts delivered separately), subject to §7(1) of the GTC.
2. In the event of withdrawal from the Agreement, the Customer will be obliged to deliver the goods to the registered office of MORIS within 14 days of withdrawal.
3. The deadline for withdrawal will be deemed to have been met if the statement on exercising the right of withdrawal is sent before expiry of the deadline for withdrawal, and if the goods are returned within the deadline indicated in section 2.
4. The condition for accepting the return of the goods is that they are undamaged, not processed in production processes or in any other way, and identifiable as to the parameters contained in the certificates.
For pre-packaged goods, they must be in their original, undamaged packaging.
§9 Assignment
Neither Party will be entitled to transfer its rights or obligations to a third party.
§10 Confidentiality
1. The Parties to the Agreement undertake to maintain the secrecy of technical, organizational, commercial and other information provided to each other in connection with the performance of the Agreement and not to use it for any purpose other than that specified in this Agreement, as well as to maintain the secrecy of information, the disclosure of which to third parties or the use of which by the Parties for any purpose other than performance of the Agreement, could jeopardize the interests of the Parties during the term or after the termination of this Agreement (“Confidential Information”).
2. The duty of confidentiality applies to any and all the Confidential Information regardless of the source.
3. The Parties are obliged not to transfer or disclose Confidential Information to third parties to any extent, as well as not to disclose the source of the Confidential Information without prior express written consent of the other Party to the Agreement, except for subcontractors and to the extent required for the performance of the Agreement.
Within the organizational structures of the Parties, access to that information will be given only to the employees and representatives of the Parties who need it on account of their official position or participation in the performance of the Agreement.
4. The Parties are not obliged to treat as confidential any information disclosed to each other that:
a) was known to the Party in accordance with the law prior to its disclosure by the other Party or
b) has been transferred by a Party to any person or entity without any restrictions of confidentiality, or
c) is generally known or has been disclosed to the public without violating this confidentiality clause, or
d) must be disclosed on the basis of mandatory provisions of the law, on the basis of final or immediately enforceable rulings of courts or authorities or administrative decisions.
5. If it is necessary to disclose Confidential Information, the Party to the Agreement will immediately and, if possible, even before the disclosure of the Confidential Information, inform the other Party of the disclosure of the Confidential Information, in particular, indicate the basis of the request, the entity to which the Confidential Information is to be disclosed and the list of information to be disclosed.
6. In the event of a breach by either Party of the principle of information protection, i.e. a breach of one or a combination of the information protection attributes, confidentiality, integrity and/or availability, the injured Party will have the right to seek damages in accordance with the general provisions of the law set forth in the Civil Code, the provisions of EU law on the protection of undisclosed business know-how and the provisions of the Act on Combating Unfair Competition.
§11 Force Majeure
The Parties will not be liable for damage arising in connection with breach of this Agreement from unforeseeable consequences beyond their control, in particular epidemics, armed conflicts, insurrections or revolutions, strikes, protests, fires, natural phenomena and disasters, and other events of force majeure.
§ 12 Disputes
1. The provisions of the Agreement and any non-contractual circumstances or obligations in connection with the Agreement will be governed by and construed in accordance with the laws of Poland.
2. The place of performance of all obligations under the Agreement is the city of Chorzów.
3. Any and all the disputes arising out of the performance of the Agreement will be submitted by the Parties exclusively to the Polish common court with jurisdiction over the registered office of MORIS, unless mandatory provisions of law provide otherwise.
§ 13 Personal Data Protection
1. In connection with the performance of the Agreement, personal data of persons involved in the conclusion and performance of the Agreement will be provided by one Party to the other.
The provision of personal data will make the Party, to whom the personal data is provided, become the controller within the meaning of Article 4(7) of the Regulation 2016/679 (EU) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L.2016.119.1 of May 4, 2016)(GDPR), determining the purposes and means of its processing, taking into account the principles arising from Article 5 of GDPR.
2. The processing of the Customer's personal data will be carried out for the purpose of concluding and performing the Agreement, i.e. in particular: for establishing and maintaining regular contact for the purpose of performing the Agreement, performing all obligations under the Agreement, providing personal data, if necessary, to subcontractors and other business partners involved in the performance of the Agreement, agreeing on methods of performing obligations.
3. In connection with the provision of personal data, MORIS will be obliged to fulfill the information obligation to the persons whose data it obtains. MORIS complies with the information obligation under Article 13 and Article 14 of the GDPR on the website https://moris.eu/ and on the website of the Platform.
§14 Final Provisions
1. The mandatory provisions of the law will apply to the matters not governed in the Agreement.
2. Any and all the amendments and supplements to the Agreement must be made in writing to be valid.
3. If any provision of the Agreement proves to be or becomes invalid or unenforceable, it will not affect the validity of the remaining provisions of the Agreement. Should any provision of the Agreement occur to be or become invalid or unenforceable, the Parties will be obliged to immediately amend or supplement the Agreement in the manner as close as possible to the original intention of the Parties expressed in the provision that has been considered invalid or unenforceable.
4. Any and all the images, renderings, or graphics on the Platform are proprietary, and the associated personal and property copyrights are owned by MORIS.
5. Product images are computer-generated and therefore may differ from the actual appearance of the goods delivered.