Terms of Sales
These general conditions of sale apply to all sales concluded on the site
MOREX CUSTOM Internet.
The website https://morexcustom.com/ is a service of: SARL MOREX
located at 8 Rue Pierre and Marie Curie 35500 VITRE, FRANCE
Site URL: https://morexcustom.com/
Email: shop@morexcustom.com
telephone number: 0640091107
The MOREX CUSTOM website sells the following products: Clothing / Motorcycles / Surfboards
and accessories.
The customer declares to have read and accepted the general conditions of sale prior to the
placing his order. The validation of the order therefore implies acceptance of the general conditions of
sale.
Article 1 – Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is
deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular
those applicable for sales in stores or through other distribution channels and
marketing.
They are accessible on the MOREX CUSTOM website and will prevail, where applicable, over any other
version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their
relationship. The seller reserves the right to modify its general conditions from time to time. They will be
applicable as soon as they are posted online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the
distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until December 31, 2021.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties within the framework of
the online sale of goods offered by the seller to the buyer, from the MOREX CUSTOM website.
These conditions apply only to purchases made on the MOREX CUSTOM website and delivered
exclusively in metropolitan France or in Corsica. For any delivery in the DOM-TOM or abroad, it is advisable
to send a message to the following e-mail address: simon@morexcustom.com.
These purchases relate to the following products: Clothing / Surfboards and accessories.
Article 3 – Pre-contractual information
The buyer acknowledges having had communication, prior to placing his order and concluding
of the contract, in a legible and understandable manner, of these general conditions of sale and of all
information listed in article L. 221-5 of the consumer code.
The following information is transmitted to the buyer in a clear and understandable manner:
– the essential characteristics of the property;
– the price of the good and/or the method of calculating the price;
– if applicable, all additional transport, delivery or postage costs and all other
any fees payable;
– in the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods,
whatever its price;
– information relating to the identity of the seller, his postal, telephone and electronic contact details,
and its activities, those relating to the legal guarantees, the functionalities of the digital content and, where
applicable, to its interoperability, to the existence and terms of implementation of guarantees and other
contractual conditions.
Article 4 – The order
The buyer has the possibility of placing his order online, from the online catalog and by means of the
form that appears there, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or the goods ordered.
For the order to be validated, the buyer must accept, by clicking where indicated, these
terms and conditions. He will also have to choose the address and the mode of delivery, and finally validate the mode of
payment.
The sale will be considered final:
– after sending to the buyer the confirmation of the acceptance of the order by the seller by mail
electronics;
– and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. All
dispute on this point will take place within the framework of a possible exchange and the guarantees below
mentioned.
In certain cases, including non-payment, incorrect address or other problem on the account of
buyer, the seller reserves the right to block the buyer's order until the resolution of the
issue.
For any question relating to the follow-up of an order, the buyer can call the following telephone number
: 0640091107 (cost of a local call), on the following days and times: Tuesday to Saturday from 9 a.m. to 6 p.m., or
send an email to the seller at the following email address: simon@morexcustom.com.
Article 5 – Electronic signature
The online provision of the buyer's credit card number and the final validation of the order
will constitute proof of the buyer's agreement:
– payment of sums due under the purchase order;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 0640091107.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation, by email.
Article 7 – Proof of the transaction
The computerized registers, kept in the seller's computer systems under conditions
reasonable security, will be considered as proof of communications, orders and
payments made between the parties. Archiving of purchase orders and invoices is carried out on a
reliable and durable medium that can be produced as evidence.
Article 8 – Product information
The products governed by these general conditions are those which appear on the seller's website and
which are indicated as sold and shipped by the seller. They are offered while stocks last.
available.
The products are described and presented with the greatest possible accuracy. However, if errors or
omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force.
indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account delivery costs, invoiced in addition, and
indicated before the validation of the order. The prices take into account the VAT applicable on the day of the
order and any change in the applicable VAT rate will be automatically passed on to the price of the products
from the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified,
up or down, this change may be passed on to the selling price of the products.
Article 10 – Method of payment
This is an order with payment obligation, which means that placing the order
involves payment by the buyer.
To pay for his order, the buyer has, at his option, all the payment methods available to him.
provision by the seller and listed on the seller's website. The buyer warrants to the seller that he has the
authorizations that may be necessary to use the payment method chosen by him, during validation
of the purchase order. The seller reserves the right to suspend any order management and any delivery
in the event of refusal to authorize payment by credit card from officially accredited bodies
or in case of non-payment. The seller notably reserves the right to refuse to make a delivery or
to honor an order from a buyer who has not fully or partially paid a
previous order or with which a payment dispute is in progress.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
– paypal
Where applicable, a deposit calculated according to the following terms: 30, may be required when placing the contract.
the order by the buyer, deposit payable in full and in a single payment, according to the terms of
planned regulations.
Except in cases of force majeure, any cancellation of the order by the buyer after 8 days cannot
give rise to the reimbursement of this advance payment.
Article 11 – Availability of products – Reimbursement – Cancellation
Except in cases of force majeure or during periods of closure of the online store which will be clearly
announced on the home page of the site, the shipping times will be, within the limits of available stocks,
those listed below. Shipping times run from the date of registration of the
order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the deadline is 2 days from the day following that
where the buyer placed his order, according to the following terms: Colissimo . At the latest, the deadline will be 30
working days after conclusion of the contract.
For deliveries in the DOM-TOM or another country, the terms of delivery will be specified at
buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or time, the buyer must, before breaking the contract,
order the seller to perform it within a reasonable additional period.
In the absence of performance at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by
a writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of
this resolution, unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute
for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums
paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility
to cancel his order. The buyer will then have the choice of requesting either reimbursement of the sums paid
within 14 days at the latest of their payment, i.e. the exchange of the product.
Article 12 – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. THE
products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure that
its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be
reshipped at buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the address of
billing and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliverer will leave a delivery notice in the mailbox, which
will allow the parcel to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition
articles. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the
delivery slip (parcel refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his
signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, parcel
damaged, broken products…).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has
signed the delivery slip.
The buyer must then confirm these reservations by registered mail to the carrier at the latest within
two working days following receipt of the article(s) and send a copy of this letter by fax or
simple mail to the seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request to
from the seller within 14 days of delivery. Any complaint made outside this period cannot be
accepted. The return of the product can only be accepted for products in their original state (packaging,
accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer will have to formulate with the seller the same day of the delivery or at the latest the first working day
following delivery, any claim of delivery error and/or non-conformity of the products in kind or in
quality in relation to the indications given on the order form. Any complaint made beyond this
deadline will be rejected.
The complaint may be made, at the choice of the buyer:
– by telephone at the following number: 0640091107;
– by e-mail to the following address: shop@morexcustom.com.
Any complaint not made in the rules defined above and within the time limits cannot be
taken into account and releases the seller from any responsibility vis-à-vis the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and the
will communicate by e-mail to the buyer. The exchange of a product can only take place after the attribution of the
exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the
seller as a whole and in its original packaging, by Colissimo Recommended, to the following address
: 11 Rue du Lieutenant Colonel Dubois, 35132 VEZIN LE COQUET.
Return costs are the responsibility of the seller.
Article 14 – Product warranty
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to formulate a
request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the
consumption.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from delivery of the goods to act;
– the buyer can choose between the repair or the replacement of the good, subject to the conditions of cost
provided for by Article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of the non-compliance of the goods during the 24 months in the case of new goods
(6 months in the case of second-hand goods), following delivery of the goods.
14-2 Legal warranty against hidden defects
In accordance with articles 1641 and following of the civil code, the seller is liable for hidden defects that may
affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the goods and are
such as to render the property unfit for the use for which it is intended. This guarantee must be implemented in
a period of two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the
civil Code.
Article 15 – Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the consumer code, the buyer has a period of 14 days to
from the date of delivery of his order, to return any item that does not suit him and ask
exchange or refund without penalty, with the exception of return costs which remain the responsibility of
the buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing
their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this site.
Internet. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to
the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express
the will to retract.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) is reimbursed.
purchased and delivery costs are refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days, and at
later, within the period of 14 days from receipt by the seller of the products returned by
the buyer under the conditions set out above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for
contracts:
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the
professional and likely to occur during the withdrawal period;
– supply of goods made to the consumer's specifications or clearly personalized;
– supply of goods likely to deteriorate or expire rapidly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be
returned for reasons of hygiene or health protection;
– supply of goods which, after having been delivered and by their nature, are inseparably mixed
with other items;
– supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value
agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the
professional ;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly
requested by him, within the limit of spare parts and work strictly necessary to meet
urgency;
– supply of audio or video recordings or computer software when they have been unsealed by the
consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts to these
publications;
– supply of digital content not supplied on a material medium, the execution of which began after
express prior consent of the consumer and express waiver of his right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing performance under the conditions
normal of their obligations are considered as grounds for exemption from the obligations of the parties and
result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their
occurrence, as well as their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties,
unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by these
last, despite all reasonable efforts. Expressly, are considered as cases of
force majeure or fortuitous events, in addition to those usually retained by the case law of courts and tribunals
English: the blocking of means of transport or supplies, earthquakes, fires,
storms, floods, lightning, interruption of telecommunications networks or difficulties specific to the networks of
external telecommunications to customers.
The parties will come together to examine the impact of the event and agree on the conditions in
which the execution of the contract will be continued. If the case of force majeure lasts longer than three months,
these general conditions may be terminated by the injured party.
Article 17 – Intellectual property
The content of the website remains the property of the seller, the sole holder of the intellectual property rights on
this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this
content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 – IT and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and for
issuing invoices.
They may be communicated to the seller's partners responsible for the execution, processing,
management and payment of orders.
The processing of information communicated through the MOREX CUSTOM website has
the subject of a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to the
information about him. This right can be exercised under the conditions and according to the methods defined on the
MOREX CUSTOM website.
Article 19 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared
such pursuant to a law, a regulation or following a final decision of a court
authority, the other stipulations will retain their full force and scope.
Article 20 – Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the
obligations referred to in these general conditions cannot be interpreted for the future as a
waiver of the obligation in question.
Article 21 – Title
In the event of difficulty of interpretation between any of the headings appearing at the head of the clauses, and any
any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general conditions of sale are written in French. In case they were
translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 23 – Mediation and settlement of disputes
The buyer may resort to conventional mediation, in particular with the Mediation Commission
of consumption or with existing sectoral mediation bodies, or any alternative means of
dispute resolution (conciliation, for example) in the event of a dispute. Names, contact details and address
electronic mediator are available on our site.
In accordance with article 14 of Regulation (EU) n°524/2013, the European Commission has set up a
Online Dispute Resolution platform, facilitating the independent out-of-court settlement of
online disputes between consumers and professionals in the European Union. This platform is available
at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is the
judicial court.
This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint,
the buyer will first contact the seller to obtain an amicable solution.
Article 25 – Protection of personal data
Data collected
The personal data collected on this site are as follows:
– account opening: when creating the user's account, his name; first name ; email address
; Phone Number ; address ;
– connection: when the user connects to the website, the latter records, in particular, his surname, first name,
connection, usage, location and payment data;
– profile: the use of the services provided on the website makes it possible to fill in a profile, which can
include an address and telephone number;
– payment: as part of the payment of the products and services offered on the website, the latter records
financial data relating to the user's bank account or credit card;
– communication: when the website is used to communicate with other members, the data
concerning the user's communications are subject to temporary storage;
– cookies: cookies are used as part of the use of the site. The user has the option of
disable cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services
of the website, their improvement and the maintenance of a secure environment. Specifically, the uses are
the following :
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of Payment Services;
– verification, identification and authentication of data transmitted by the user;
– proposal to the user of the possibility of communicating with other users of the website;
– implementation of user assistance;
– personalization of services by displaying advertisements based on the browsing history of
the user, according to his preferences;
– prevention and detection of fraud, malware (malicious software or malicious software) and management of
security incidents;
– management of any disputes with users;
– sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– when the user uses the payment services, for the implementation of these services, the website is in
relationship with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes, in the free comment areas of the website, accessible information
to the public ;
– when the user authorizes the website of a third party to access his data;
– when the website uses the services of service providers to provide user assistance, advertising and
payment services. These service providers have limited access to user data, within the framework of
performance of these services, and have a contractual obligation to use them in accordance with the
provisions of the regulations applicable to the protection of personal data;
– if required by law, the website may carry out the transmission of data to follow up on complaints
presented against the website and comply with administrative and legal procedures;
– if the website is involved in a merger, acquisition, sale of assets or procedure of
receivership, it may be required to sell or share all or part of its assets, including
personal data. In this case, users would be informed, before the personal data
personnel from being transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical measures in terms of
digital security to protect personal data against alteration, destruction and unauthorized access
allowed. However, it should be noted that the Internet is not a completely secure environment and the site
web cannot guarantee the security of the transmission or storage of information over the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the
following rights, which they can exercise by making their request to the following address: shop@morexcustom.com.
the right of access: they can exercise their right of access, to know the personal data
re. In this case, before the implementation of this right, the website may request proof of
the identity of the user in order to verify its accuracy.
the right of rectification: if the personal data held by the website is inaccurate, they
may request updated information.
the right to delete data: users can request the deletion of their data
of a personal nature, in accordance with applicable data protection laws.
the right to limit processing: users can ask the website to limit the processing
processing of personal data in accordance with the assumptions provided for by the GDPR.
the right to object to the processing of data: users can object to their
data is processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website provide them with the personal data that
provided to him to transmit to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of
personal data at any time. If a modification is made to this clause of
protection of personal data, the website undertakes to publish the new version on its site. THE
website will also notify users of the change by e-mail, within a period
minimum of 15 days before the effective date. If the user does not agree with the terms of the new
drafting of the personal data protection clause, he has the possibility of deleting his
account.
Annex :
Withdrawal form
(to be completed by the consumer,
and to be sent by registered letter with acknowledgment of receipt,
within the maximum period of 14 days following the date of conclusion of the service contract)