Terms and Conditions

1. Initial establishment

These terms of service are valid for shopping in internet stores operated by the company PM COMMERCE s.r.o.  from 1.5. 2016.

The terms closer define the rights and obligations of the seller, which is the company PM COMMERCE s.r.o., with a residence on address Rybna 716/24, Prague, IC 11677511, and the buyer (customer, consumer)

All contract formations are enclosed in concord with the juridical codification of the Czech republic.  Whenever the consumer is on a contractual side, all relations are following the unedited terms of service from the civil code of law (č. 89/2012 Sb.) and the law of consumer protection (č. 634/1992 Sb.). if the contractual side is not the consumer, all relations are guided by the terms of service from the civil code of law (č. 89/2012 Sb.).

2. Definition of terms

The seller company PM COMMERCE s.r.o., with the main office at Rybna 716/24, Prague, 110 00, IČ: 11677511. PM COMMERCE s.r.o. is a person, who acts during contract enclosure and fulfillment in the ambit of its trade or other business activity. It is a businessman, who is directly or through the agency of other businessmen supply the buyer with goods and offered services.

The customer of our internet shop is the buyer. In consideration of valid juridical adjustments, there is a difference between a buyer, who is also a consumer, and a buyer who is not a consumer at all.

A buyer consumer or just a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.

The buyer who is not a consumer is a businessman. A businessman is considered everyone who encloses the contracts that are related to their commercial, manufacturing, or other similar business, or their professional performance, or a person that acts under the name or on account of the said businessman.

3. Sales agreement

Whenever the buyer is also a consumer, The offer for sales agreement is considered the placement of goods on the internet sites by the provider and supplier. The sales agreement becomes valid with the order dispatch by the buyer-consumer and acceptance of the order by the supplier, who confirms it by the issuance of the relevant document (invoice). The supplier must immediately confirm this issuance via an informatory e-mail. This issuance does not have any influence on the commencement of the agreement. The contract (including the price) can be adjusted or abolished only on the consensus of both sides or within the statutory arguments.

Before the sending of commission, the buyer is allowed to check and change the details, which were inserted by the buyer into the order, with regards to the possibility of the buyer to survey and correct the mistakes made during the data insert. Buyer can dispatch the order to the seller within a single clock of a button "Finish the order"

Whenever the buyer is not a consumer, the proposal for enclosure of the sales agreement, the order is sent and the sales agreement is enclosed within the moment of delivery of the firm agreement of the seller to the buyer with this proposal enclosed.

With the enclosure of the sales agreement the buyer confirms, that he is acquainted and agreed to these terms of service, warranty claims included. The buyer is adequately warned about these terms of service and warranty claims and is allowed to get acquainted with them, before his further order reservations.

The deadline for warranty services is stoped in case the seller didn't receive all the necessary materials needed for warranty service ( like pieces of goods, documents, etc). The seller is obliged to ask for these materials from the buyer in the shortest duration possible. The deadline is stoped until the seller receives all the base materials needed.

The seller is beside the other things able to cancel the order or its part before the enclosure of the sale contract in this cases: The goods are no longer being produced or shipped to the seller's county, the price of goods changed significantly, or in the case of technical error. In case the buyer already paid for the goods, or part of the order, he will be refunded the whole sum he paid to the seller and the sale contract will not be enclosed.

The buyer can not apply any of these rights for gifts. This sort of goods complies with the Donation contracts and all its norms valid in the Czech republic.

4. Defective Performance rights

The rights and obligations of both contractual parties regarding defective performance are directed by appropriate general obligatory regulations ( mainly enactment § 1914 to1925, § 2099 to 2117 a § 2161 to 2174 of the law number 89/2012 Sb. of the civil code).

The seller is responsible for any defects in the sold product. Seller is also responsible for the next occurrences:

• The sold product has properties, that have been previously mentioned and agreed upon. Whenever such an agreement is missing, the product has properties that the buyer has expected given the circumstances or according to the nature of the merchandise and based on a proper advertisement.

• The product is suitable for purposes presented by the seller or purposes that are similar commodities usually used for.

• The merchandise tally with quality of design or given role model. 

• The stock is in the corresponding amount, rate, and weight.

• The commodity complies with the requirements of juridical regulations.

If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request a replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular, if the defect can be rectified without undue delay, the consumer has the right to have the defect rectified free of charge. The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract

If the consumer does not withdraw from the contract or if he exercises the right to deliver a new item without defects, to replace its part, or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or change the item, even if the seller does not arrange a remedy within a reasonable time or that unifying the remedy will affect the consumer.

Defective performance right does not belong to the buyer if he was acquainted with the defections before the handover of the merchandise, or he alone is responsible for the defect.

The consumer is justified to apply defective performance right for any defects, that may occur on his consumables during the 24 months (since the handover) Whenever the defect is evinced in six month period since the handover, it's assumed that the product was faulty from the very the handover.

Any other rights and obligations related to the seller's responsibilities for flaws can be adjusted by warranty claims set of rules written down by the seller.

5.The Consumer's right to withdraw from the contract

If the purchase contract is concluded utilizing distance communication (in the online store), the consumer has the right (in concordance with § 1829 paragraph 1 of the civil code of law)  to withdraw from the contract without giving a reason within 14 days of receipt of the goods (if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods). Withdrawal from the purchase contract must be sent to the seller within 14 days of receipt of the goods (if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods).

If the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he contacts the seller and preferably states in writing that he withdraws from the contract, ideally stating the order number, date of purchase, and account number for refunds. Note: Money can also be returned in cash at the company's headquarters or one of the establishments.

the sample form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer to the address of the seller's office or the seller's e-mail address prodej@morriscz.cz. The sample form can be downloaded here.

Cash on delivery packages will not be accepted by the seller. The customer is obliged to pay the postage for sending the shipment back to the seller.

In case that the buyer withdraws from the purchase contract under the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer's chosen method of delivery. within 14 days of withdrawal from the purchase contract by the buyer, in the same way, as the seller received them from the buyer unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of a free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must issue to the seller within 14 days of withdrawal from the contract everything he has obtained under the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.

The seller may deduct from the purchase price to be returned to the buyer his actual costs incurred in returning the goods.

The consumer does not have the right to withdraw from the contract following the provisions of Section 1837 of the Civil Code, in particular, in the case of contracts:

• on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract
• on the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract
• on the supply of goods which have been adapted to the wishes of the consumer or to his person
• on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery
• on the delivery of goods in a closed package which the consumer has removed from the package and for hygienic reasons it is not possible to return,
• on the delivery of an audio or video recording or a computer program, if it has broken their original packaging
• concluded based on a public auction following the law governing public auctions
• on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract

The seller reserves the right to cancel the order for goods marked with the term "Out of stock" if the goods can no longer be delivered or replaced by another model or if its price has changed significantly and the customer does not accept this before the purchase contract. The seller informs the customer about this situation. If part or all of the order has been paid, the customer will be refunded to the account or by other means.

6.Personal data protection

Information about customers is stored following applicable laws of the Czech Republic, in particular, the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful performance of the contract until his written expression of disagreement with this processing.

The buyer has the right to access their personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on a written request from the customer. The personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the delivery of goods.

Individual contracts are archived by the operator after their conclusion, in electronic form, and are accessible only to the store operator.

7. Take-back of electrical appliances

The seller ensures the separate collection of electrical waste, batteries, and accumulators, following applicable laws. The customer is entitled to return old batteries or accumulators when purchasing new batteries or accumulators at any of the seller's stores. The addresses of these stores are listed in the seller's contacts on this website.

The customer is also entitled to hand over electrical waste or batteries or accumulators at the collection points of RETELA, s.r.o. listed on its website. These pages also list the negative effects of substances used in batteries or accumulators, as well as graphic symbols for separate collection, information on how to carry out separate collection, and its meaning. The customer is also entitled to return electrical waste or batteries or accumulators in collection points intended for the collection of such waste in the relevant municipality.

Electrical waste, batteries, and accumulators must not be disposed of together with mixed waste but must be disposed of in designated areas, ie in collection yards or collection points, eg in the places listed above. These facilities and waste will be further used for the production of new facilities. Hazardous and harmful substances from these devices and wastes can harm the environment or human health.

8. The Costs of using means of distance communication

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

9. Regulations on the sale of Airsoft weapons and ammunition

By the Act on Weapons and Ammunition No. 119/2002 Coll. §15 are common airsoft weapons, their parts and ammunition for sale in the Czech Republic only by natural persons over 18 years of age-eligible for legal acts, or legal persons.

In connection with this legal regulation, we require reading these conditions, continuation of the purchase, and browsing of the morriscz.cz website can only be natural persons over 18 years of age-qualified for legal acts, or legal entities.

Please note that if you do not meet the specified conditions, regarding your ability to hold airsoft weapons, their parts, and relevant ammunition under the conditions of Act No. 199/2002 Coll. we will sue you or your legal representatives in court for any damages caused to us by your actions.

10. Pricing information

Prices in this e-shop are stated in CZK, including VAT. When exchanging goods, transport at the expense of the buyer is always charged.

11. Supplement to accepting consignments of transport companies

When accepting a shipment from a transport company (General Parcel, Czech Post, or others), the consignee is obliged to check the integrity and completeness of the goods sent to him, before confirming to the carrier that he has received the goods. If the goods are missing or damaged in any way, it is necessary to document this event in writing with the carrier. If the consignee confirms to the carrier by his signature the acceptance of the consignment without any reservations, in the event of a later complaint, the carrier will resolve the complaint that the goods were delivered without reservations, as he previously confirmed the receipt of intact goods in writing. (these conditions are set by the transport companies)

12. Conditions and use of armymarket.cz gift vouchers

The gift voucher is valid for 3 months from the date of issue of the voucher. The gift voucher must be drawn once (ie only within one purchase). If the price of selected services or goods exceeds the amount of the gift voucher, it can be paid in cash, the overpayment is non-refundable. The value of the gift voucher cannot be exchanged for cash. A gift voucher is not valuable. After the expiration of the voucher, the amount cannot be refunded. Each gift voucher is provided with a serial number, the number of the sales document, the date of sale, the stamp, and the signature of the person responsible for it. Once used, the gift voucher can no longer be used again. To identify the validity of the voucher, it is necessary to fill in the following items: serial number, sales document number, date of sale, stamp, and signature.

When using a voucher for an order via the e-shop, it is necessary to enter all the data necessary for the identification of the voucher in the note when sending the order: serial number, sales document number, date of sale.

Please also note that with the data from the gift voucher already used, the data will not be accepted a second time and the voucher will be considered valid. Therefore, it pays attention to the security of the data from the voucher against misuse.

13. Terms of service work

Payments for service work at the premises are made only in cash, payment by credit card is not possible!

 

14.Consignment transport

Expeditions close at 12:30. Upon the arrival of the order after this time, the shipment will be the next day.

In the case of orders over CZK 1,500, the right to a free shipping bonus for CZK 120 arises, provided that the ordering party chooses this bonus before concluding the order.

In the event of a breach of the contractual conditions (ie withdrawal from the purchase contract), the right to a free shipping bonus of CZK 120 is lost. That is, shipping of 120 CZK will be charged to the debit of the customer.

15. Final establishments

The handling of consumer complaints is provided by the seller via the electronic addresssales@earmorshop.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.

The seller is entitled to sell goods based on a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

These terms and conditions are valid as stated on the seller's website, on the day of concluding the purchase contract. After its confirmation, the consumer order is archived as a concluded contract between the buyer and the seller for its fulfillment and further records, and its status is accessible to the buyer. The contract may be concluded in the Czech language, or other languages unless this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.

These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid on the day of sending the order, including the price of the ordered goods specified in the confirmed order, unless demonstrably agreed otherwise in a particular case.

Payments by bank transfer are matched once a week, always on the last day of the week.

For some BB balls, the difference in weight and quantity may be up to 20%.

The cheapest possible transport fee is through the Czech Post a package for the price of 30 CZK, delivery by this service is within three weeks, information about this transport must be stated in the note. We recommend using other types of transportation services.

All products are designed for gas weapons category "D" up to 1J, so designed only for airsoft weapons, other uses are not possible! Optical products are intended as mock-ups only.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract.

The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

If the customer organizes the exchange of the product (not withdrawal from the purchase contract) for another product that is not in stock, please note that it is not possible to determine the time of replacement due to the ignorance of suppliers' warehouses.

These conditions take effect on May 1, 2016

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