Office and corresponding address:
MERX TRADE, s.r.o.
Nove Sady 988/2,
602 00 Brno,
Mailstep, hall D2—fithyve.com
Do Certus 2760/10
19300 Praha 9
Phone: +420 607 577 903
E-mail address: firstname.lastname@example.org
These Terms and Conditions of MERX TRADE, s.r.o. apply to the customers and users of the online shopwww.fithyve.com owned by MERX TRADE, s.r.o. and run under established brand HYVE, who are natural persons and are composed of the following articles:
Article 1. - General Provisions
Article 2. - Objednávání zboží - ceny, platba a dodání
Article 3.a - Cancellation policy
Article 3.b - Withdrawal from a purchase contract concluded by means of distance communication
Article 4.a - Warranty conditions
Article 4.b - Complaints Policy
Article 5. - Final Provisions
- Seller is the commercial company MERX TRADE, s.r.o., ID: 09594566, VAT ID: CZ09594566; with headquarters at Nove Sady 988/2, 602 00, Brno, Czech Republic, company was incorporated in the Commercial Register maintained by the Regional Court in Brno, Section C, File 119557/SL1/KSBR; date of incorporation: 12.10.2020 (hereinafter referred to as the"Seller").
- The online store is operated by the Seller on the website www.fithyve.com (hereinafter referred to as the "E-shop") through the web interface of the store (hereinafter referred to as the "Interface").
- By placing an order the Buyer confirms all of the following (a-d):
- a) they are of legal age, or have received guardian permission to place an order,
- b) are familiar with these Terms and Conditions, along with any supporting documents,
- c) have the capacity to enter into a legally binding agreement and
- d) consent to the collection and processing of personal data to the extent of performing the subject of the concluded Purchase Agreement.
Ordering Products - Price, Payment and Delivery
- The Interface provides information about goods and services provided including the prices of individual products. The prices are quoted including the VAT and all related fees.
- Any and all presentation of goods on the Interface is for information purposes only, and the Seller is not obliged to conclude the Purchase Agreement for such goods.
- The prices of products are valid as of the moment the Order is placed, except for cancellation made by the Seller (see Article 3.a Cancelation Policy).
- Delivery methods and their terms are specified in the "Shipping and Payment" section of the Interface. Delivery is arranged by the Seller in the territory of the Republic of Ireland. Shipping costs may vary according to the shipping method. The specific delivery method is selected by the Buyer with the current price list available in the "Cart" section.
- All the available payment methods are specified in the "Shipping and payment" section of the Interface. The Seller doesn’t accept any other payment methods other than those specified in the aforementioned section and available in the "Cart" and will not be liable for any damages that may result in the Buyer trying to pay by any other way.
- The Buyer agrees with the use of remote communication means in connection with the conclusion of the Purchase Agreement and Seller is not responsible for the costs arising to the Buyer related to use of remote communication means in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone fees, etc.).
- To order products, the Buyer fills out the order form in the "Cart" section of the Interface. The order form contains in particular the information concerning (a-d):
- a) ordered products (Buyer adds goods to the electronic "Cart" on the Interface and can select additional services in the "Cart"),
- b) method of payment of the purchase price,
- c) requested delivery method with related costs and
- d) additional services (if applicable) and related costs (hereinafter referred to as the "Order" or "placing an Order").
- The Buyer may also be able to place the Order by e-mail, phone or other means of remote communication according to terms specified on the Interface. Regardless of the way in which the Order was placed it is valid only upon receipt of the "order confirmation" e-mail by the Seller (see Article 2.(8)).
- The Buyer shall pay to the Seller the purchase price of the products together with costs of packaging and delivering in the stipulated amount, unless explicitly stated otherwise.
- In the event of a delay in shipping, the Buyer will be informed thereof via e-mail. Otherwise, the Buyer will receive an e-mail confirming that their order has been dispatched.
- Prior to the dispatch of the Order, the Buyer is able to check and change the personal information entered in the Order so that they may correct any mistakes occurred during filling out of the Order form or even cancel the order (see Article 3.a Cancellation Policy). The Seller will not be held liable for not receiving or not accepting the Order or for receiving incorrect information, whether provided intentionally or unintentionally.
- The Seller may issue the following discount codes to Buyers (a-b):
- a) "Value discount code" entitles Buyers to apply a fixed value discount when placing their Order. When the code is active the purchase price will be reduced by the specified fixed value of the discount. In case of applying the code to the purchase of multiple items, the discount will be applied to every item separately and in proportion with its contribution to the purchase price of ordered goods.
- b) "Percentage discount code" entitles Buyers to apply a percentage discount when placing their Order. When the discount code is active the price of goods will be reduced in proportion to the specified percentage of the discount.
The discount code is activated by entering it into the "Insert new discount code" field within the Cart or "My discount codes" section of the User Profile. Discounts provided by the Seller to the Buyer cannot be combined with each other.
- The Buyer acquires ownership of the goods by both paying the full purchase price of the goods and taking them over from the Seller or, mutually agreed on, third party.
- The Seller reserves the right to cancel the Order or its parts in any of the following cases (a-e):
- a) the goods are no longer manufactured or delivered;
- b) the supplier has significantly changed the price;
- c) in the event of an apparent error in the price of the goods (i.e. the price obviously differs from the price usual for this type of product). An apparent error in the price of the goods is for example a price 60% lower than the price usual for this type of product;
- d) if the provided billing information is not correct or not verifiable;
- e) the Seller doesn’t deliver to the provided delivery address.
If any such situation occurs, the Seller shall promptly inform the Buyer in order to agree on further action.
- Commercial resale of goods offered by the Seller is not permitted. The Seller reserves the right to not accept the Order or to withdraw from the Purchase Agreement if they become aware that the Buyer intends to resell the goods commercially.
Withdrawal from the Purchase Agreement Concluded by Means of Remote Communication
- The Buyer is entitled to, partially or completely, withdraw from the Purchase Agreement without stating a reason within 30 days from delivery of the goods to them or a third party (other than the carrier) indicated by the Buyer. The Buyer must send the notice of withdrawal to the Seller within that period. The Buyer shall then return the goods to the Seller without undue delay, no later than within 14 days of the withdrawal from the Purchase Agreement.
- For the withdrawal from the Purchase Agreement, the Buyer may use the template provided by the Seller, which forms an annex to these Terms and Conditions (see Annex I). We recommend withdrawing in such a manner that the Buyer sends a unequivocal notice to the email@example.com e-mail address of the Seller.
- The Seller shall return the money to the Buyer within 14 days of the Buyer's withdrawal from the Purchase Agreement, however, at the earliest upon the receipt of the returned goods by the Seller.
- When returning goods ordered using a discount code, only the amount paid per returned item of goods is refunded to the Buyer (see Article 2.(14)).
- Besides the refund of the purchase price, in case of complete withdrawal, the Buyer is entitled to the refund of costs related to the delivery of the goods, however, at the maximum price of the cheapest transportation offered by the Seller. The costs associated with the return of the goods shall be borne by the Buyer.
- The Buyer acknowledges that they may not, inter alia, withdraw (a-d):
- a) from the Purchase Agreement for the supply of goods that have been
- b) adapted according to the wishes of the Buyer;
- c) from the Purchase Agreement for the supply of goods subject to rapid deterioration, as well as goods that were irrevocably mixed with other goods after delivery;
- d) from the Purchase Agreement for the supply of sealed goods that were taken
- e) out by the consumer and they cannot be returned for hygienic reasons;
- f) from the Purchase Agreement for the supply of digital products if the access to the digital product has begun.
- Withdrawal from the Purchase Agreement may be refused if the goods were purchased by an entrepreneur or a legal entity. In such cases, the relevant provisions of the Civil Code shall apply.
- The Buyer acknowledges that if the returned goods are damaged, used beyond the scope of determining their intended use or even partially consumed, the right to the compensation for incurred damage shall arise to the Seller towards the Buyer. The Buyer acknowledges that the amount of compensation will be determined by the Seller with regard to the condition of the returned goods, and if the goods are evaluated by the Seller to be unsaleable the claim for damages may be unilaterally set off by the Seller against Buyer’s claim to the refund of the purchase price.
- If the Buyer consents to take over a free gift together with the goods they purchased and the Buyer withdraws from the Purchase Agreement, the Buyer shall return the gift together with the goods to the Seller. Otherwise, the Seller is entitled to unilaterally set off the value of any gift not returned against the Buyer's right to a refund of the purchase price (see Article 2.(15)) .
- All issues not regulated herein shall be governed by the Civil Code and Act on Consumer Protection, as amended.
- In case the products are purchased within the framework of business, the complaints shall be governed by the applicable provisions of the Civil Code, as amended.
- The Buyer should not accept a damaged parcel from the carrier and should instead contact Seller’s Customer Care department. In case the damaged parcel is taken over, the complaint shall be settled with the carrier.
- Upon acceptance of a parcel, the Buyer should check the goods without undue delay and report potential defects in writing within 24 hours, if possible including photo or video documentation, to the e-mail address: firstname.lastname@example.org. The method of the defect description and other necessary information are specified in the Article 4. b Complaints Policy.
- The Seller is liable to the Buyer for the goods being free of defects on their takeover. The Seller in particular guarantees to the Buyer that at the time of acceptance of the goods by the Buyer (a-e):
- a) the goods have the properties stipulated between the parties; if such stipulation is missing, the goods have the properties described by the Seller or the manufacturer or those expected by the Buyer with regard to the nature of the goods and on the basis of advertising of the Seller or the manufacturer;
- b) the goods are fit for the purpose declared by the Seller or the purpose for which such goods are typically used;
- c) the quality and design of the goods conform to the stipulated sample or template, in case the quality or design was determined according to a stipulated sample or template;
- d) the quantity, size or weight of the goods are as demanded;
- e) the goods comply with the requirements of legal regulations
- The provisions of the above paragraph shall not apply to a defect of goods sold at a lower price due to such defect, to ordinary wear and tear caused by standard use, in the case of used goods to a defect corresponding to the degree of wear or tear at the time of acceptance by the Buyer, or if it follows from the nature of the goods
- The right from defective fulfillment shall not apply to defects originated as a result of use in conflict with the instructions for use, defects originating from mechanical damage or natural elements. Thus, complaints may be asserted only with respect to defects caused by a fault of the material or by incorrect manufacturing technology.
- The Seller shall not be liable for damage caused by a function or failure of the product.
- The Buyer is entitled to assert the right from liability for defects of consumer goods within 24 months of the acceptance of the goods; this period may be extended by a statement in the warranty card. If the warranty period is extended, the Seller shall determine terms and scope of the extended warranty in the warranty card. In the event that a warranty card is non-existent, the tax document (invoice) shall serve the same purpose.
- The moment of assertion of a complaint is the moment when the Seller receives the claimed goods from the Buyer.
- In the case of an unjustified and therefore rejected complaint, the Buyer agrees to pay to the Seller’s reasonably expended costs associated with the complaints procedure beyond the normal method of settlement (in particular the costs of its own expert opinion, the cost of legal representation, etc.). The Buyer's right to settle the costs related to a successful complaints procedure shall be governed by the applicable provisions of the Civil Code.
- In the event of a complaint regarding goods purchased from MERX TRADE, s.r.o., the Buyer is advised to proceed according to THESE instructions; or we recommend:
- First, send an e-mail with the name of the product, order number and detailed description of the reason for complaint to email@example.com. Our Customer Care department will gladly assist You with filling out an online claim form or inform you of alternative steps to follow.
- Send the claimed goods, together with the generated claim number, to the local address provided in the "How to make a claim" section of the E-shop.
- Please deliver all components that may relate to the claimed defect together with the goods, provide an exact description of the defect or, as the case may be, evidence of the defect that occurs on an irregular basis, contact information (phone number, e-mail address), specification of rights that you wish to assert in connection with the complaint, sales receipt (copy) and/ or warranty card.
- The Buyer may choose whether to take out insurance for loss, theft or destruction of the parcel. MERX TRADE, s.r.o. does not cover any of expenses or postage/shipping costs and will not be liable if the parcel is not delivered and will not take over parcels sent by cash on delivery.
- The above recommendations shall not affect the options and rights of the consumer under the prevailing laws, as amended, and their purpose is to enable the complaint settlement as soon as possible.
- The Seller shall issue a written confirmation (complaint record) stating the date of asserting the right from liability for defects, the confirmation of a repair and its duration, or, as the case may be, the method of the complaint settlement.
- Complaints shall be settled and defects remedied without undue delay and no later than within 30 days of the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the vain lapse of such a period, the Buyer is entitled to claim an adequate discount from the purchase price or to withdraw from the Purchase Agreement.
- The invalidity of a provision hereof or of any contractual arrangement between the parties shall not affect the validity and effectiveness of the remaining provisions.
- These Terms and Conditions shall not apply to cases where a person who intends to purchase products from the Seller is a legal entity or a person who orders goods within the scope of their business or independent profession.
- A template of the notice of withdrawal from the Purchase Agreement forms an annex hereto (see Annex I).
- The Purchase Agreement and all supporting documents are drawn up in English and are governed by Irish law.
- These Terms and Conditions shall become valid on 1.1.2023. MERX TRADE, s.r.o. reserves the right to make changes to Terms and Conditions as necessary.
Withdrawal from the Purchase Agreement
MERX TRADE, s.r.o., Nove Sady 988/2, 602 00 Brno, Czech Republic ID: 09594566, VAT ID: CZ09594566.
MERX TRADE, s.r.o., Nove Sady 988/2, 602 00 Brno, Czech Republic
CAUTION! This address is only to be used in case the buyer insists on sending the withdrawal notice by post instead of e-mail, this is not an address for return of goods. The address for return of goods can be found in the "Returns'' section of our E-shop’s Interface.
The Buyer is hereby giving notice to the Seller, that they are withdrawing from the Purchase Agreement for the following goods:
Date of obtaining the goods:
Date Signature of the Buyer