'General Terms and Conditions of Business
These General Terms and Conditions of Business (hereinafter the “Terms and Conditions”) apply to contracts concluded at the online Mimi concept e-shop located at the web interface www.mimiconcept.cz (hereinafter the “Web Interface”) between
MimiConcept, s.r.o., registered office: Krakovska 583/9, 110 00 Prague - New Town, Czech republic
Registered number: 04740408,
VAT number: CZ04740408
Entered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 252826
Delivery address: Československého exilu 1888/4, 143 00 Prague 4 - Modřany
Contact e-mail address: email@example.com
Contact telephone number: +420 774 588 045
as the Seller
and you, as the Buyer
1 INTRODUCTORY PROVISIONS
Under a purchase contract we undertake to deliver to you the goods stated in the order, and you undertake to accept the goods (either in person or from a forwarder) and pay us the purchase price specified in the order. The purchase price (hereinafter also referred to as the “price”) includes the costs related to the delivery of the goods and any charges related to the chosen method of payment. The amount of such costs will also be communicated to you before a binding order is sent.
You acquire an ownership right to the goods by paying the whole Price, but no earlier than you accept the goods.
1 Does a purchase contract only apply to goods?
Here a purchase contract (hereinafter also referred to as a “contract”) is any contract concluded in accordance with these Terms and Conditions. It could therefore also be, for example, a contract on provision of services.
2 Is a purchase contract a consumer contract?
It is a consumer contract in the event you are a consumer, i.e. if you are an individual and you are buying the goods outside the framework of your business activities or outside the framework of the independent performance of your profession. Otherwise, it is not a consumer contract and consumer protection in accordance with legal regulations and these Terms and Conditions does not apply to you. In particular, a non-consumer is not entitled to withdraw from a contract without giving a reason.
3 What special rights do you have as a consumer?
As a consumer you have, in particular:
• The right to withdraw from a contract concluded using remote communication means such as a telephone, e-mail or an e-shop (Article 5 of these Terms and Conditions);
• An entitlement to a warrantee on unused consumer goods lasting 24 months (claiming rights under the warrantee is governed by the Complaint Rules);
• The right to the communication of information before the conclusion of a contract (the information is contained in these Terms and Conditions or is at the web interface);
• The right to extrajudicial resolution of a consumer dispute under a contract (Article 7.3 of these Terms and Conditions).
4 What is our legal relationship governed by?
Our legal relationship is governed by the following documents:
• These Terms and Conditions, which define and specify our rights and duties;
• The Complaint Rules according to which we will proceed if there is a complaint about goods;
• Terms and Conditions for Use of Web Interface, which govern registration at the web interface, the protection of your personal data, the protection of the contents of the web interface and some other relations linked to the use of the web interface;
• Terms and conditions and instructions specified at the web interface, in particular when concluding a contract;
• The order and its acceptance by us.
And in matters not set out here also by the following legal regulations:
• Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”);
• Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your residence or registered office is outside the Czech Republic or if our legal relationship contains another international element, you take note that our relationship is governed by Czech law. If you are a consumer and the legal order of the state of your residence provides a higher degree of consumer protection than Czech law, such higher degree of protection is provided to you in legal relations.
5 How do you express consent to the Terms and Conditions?
By sending an order and also confirming in the web interface you confirm that you have familiarised yourself with these Terms and Conditions and that you consent to them.
We can change or supplement the text of the Terms and Conditions. Your rights and duties are always governed by the text of the Terms and Conditions effective at the time they arose.
1 How do we conclude a purchase contract?
The web interface contains a list of goods, including a description of the main properties of the individual items. The price is stated for all goods, including taxes, customs duties and charges. The presentation of goods is of an informative character and it is not a proposal from us for the conclusion of a contract under Section 1732(2) of the Civil Code. For the conclusion of a contract it is necessary for you to send an order and for the order to be accepted by us.
2 How to place an order?
You can always make an order using the web interface (by completing a form), or by telephone, e-mail or in another manner that we enable according to current information specified at the web interface.
An order must contain all the information prescribed in the form, in particular a precise designation of the ordered goods (or a numerical designation of the goods), the number of items, the chosen method of payment and transport and your contact data (for delivery and, if necessary, invoicing).
Before sending a binding order you will see a recapitulation of the order, including the final price (depending on the chosen method of transport and payment). We recommend checking, in particular, the type and quantity of goods, the e-mail and delivery address. As a part of the recapitulation you have the last chance to change the information input.
You submit a binding order by pressing the “BUY” button. We regard the information in a binding order as correct and complete. Please inform us of a change to it promptly by telephone or e-mail.
We will inform you when we receive an order. Information (a confirmation) on the sending of an order is sent automatically and this is not the acceptance of an order by us, unless the confirmation expressly so states.
If we have doubts about the genuineness and seriousness of an order, we can contact you for the purpose of verifying it. We can refuse an unverified order. Such order is then regarded as never having been made.
3 When is the contract concluded then?
A purchase contract is concluded at the moment you receive acceptance of an order from us. Acceptance of order will be sent to you at the e-mail address you stated in the order. If acceptance of order does not occur, the contract is concluded at the moment you pay the whole purchase price or accept ordered goods (whichever is earlier). Acceptance of order can be part of information about the receipt of an order in accordance with Article 2.2 of these Terms and Conditions (unless it is expressly stated in the confirmation), or it could follow independently after such confirmation.
Information about the individual technical steps leading to the conclusion of a contract is available at the web interface. This duty is established by Section 1826(1)(c) of the Civil Code.
4 Can you cancel an order already sent?
You can cancel an order that we have not yet accepted (i.e. acceptance of order has not yet been sent to you by us in accordance with Article 2.3 of these Terms and Conditions) by telephone or e-mail. Amended order cancellation. All orders accepted by us are binding. Later cancellation of an order is possible only by agreement with us. If an order of goods regarding which it is not possible to withdraw from the contract is cancelled (see Article 5 for more details), we are entitled to reimbursement of the costs we have already incurred in connection with the contract.
5 Can the price stated at the web interface change?
The price of the goods presented and the price for packaging, transport and delivery remain valid for the period they are displayed at the web interface. Any discounts on the price of goods cannot be combined, unless expressly stated otherwise at the web interface.
In the event that on our part there is a quite evident technical error when stating the price of goods at the web interface or in the course of ordering, we are not obligated to deliver the goods to you for the quite evidently incorrect price, even in the event that you were sent an acceptance of order in accordance with these Terms and Conditions. In such case we reserve the right to withdraw from the contract.
If the price stated for the goods at the web interface or in the course of ordering is no longer current, we will draw your attention to this. If your order has not yet been accepted, we are not obligated to conclude the contract.
A change to the price that occurred between the sending of an order and its acceptance by us in accordance with Article 2.3 of these Terms and Conditions does not have an influence on orders sent.
6 Can you obtain a contract in text form?
A contract is not concluded in writing with the contracting parties’ signatures. A contract comprises these Terms and Conditions, your order and its acceptance by us. The whole contract will be sent to you by e-mail or, if you request, printed out by post. If sent by post, we can ask you to pay the related costs.
7 What if you don’t understand something in the contract?
In the event you have a query about the Terms and Conditions or the contract, you can contact us by telephone or e-mail. We will be happy to help you with all the necessary information.
8 In what languages can a contract be concluded?
A contract can be concluded in Czech, unless we expressly agreed on another language.
9 Is the contract saved anywhere?
We archive contracts (including these Terms and Conditions) in electronic form. A contract cannot be accessed by third parties, but we will send it to you on request.
3 PAYMENT TERMS AND CONDITIONS
1 What methods of payment do you accept?
You can pay the purchase price in the following ways, in particular:
• In cash if the goods are sent cash on delivery;
• In cash in the case of acceptance in person;
• Cashlessly before the delivery of goods by transfer to our bank account (instructions will be communicated to you in the confirmation of order);
• Online through the GOPAY payment gateway.
Any other methods of payment are stated at the web interface.
Some methods of payment (in particular cash on delivery) may be subject to a further charge. Such charges are stated at the web interface. An order always states the final price, which includes charges related to the chosen method of payment.
2 When is the purchase price due?
In the case of payment in cash, the price is payable upon acceptance of goods. In the case of a cashless payment before delivery of goods, the price is payable within seven days of the acceptance of order in accordance with Article 2.3. Your obligation to pay the price is met for a cashless payment at the moment the relevant amount is credited to our bank account.
3 In what currency can you pay?
Payment for goods is possible in Czech koruna (CZK).
4 When can we ask for a deposit or payment in advance?
We can request an advance on the purchase price primarily for orders with a total value over CZK 5,000.
We are also entitled to ask you to pay the whole price of the goods before they are sent or handed over (Section 2119(1) of the Civil Code does not apply).
4 DELIVERY TERMS AND CONDITIONS
1 How do we send the goods?
The methods of delivery of goods are stated at the web interface. You can choose the specific method of delivery of goods in the order. If you do not choose any method of delivery, we will determine it.
2 What are the costs of delivering goods?
The costs of delivering goods always depend on the size and nature of the goods and the pricelist of the chosen forwarder. The current costs of delivering goods are stated at the web interface.
The order always contains the final price, which includes the costs of the chosen method of transport.
3 When will we deliver the goods?
The time for delivery of goods always depends on their availability and the chosen method of transport and payment.
We usually hand over goods that are in stock to the forwarder within seven working days of the acceptance of an order (when sending goods cash on delivery or for personal acceptance), or after the crediting of a payment to our account (in the event of a cashless payment).
We hand over goods that are not in stock to the forwarder as soon as possible. We will inform you of the precise date.
The delivery of the goods in accordance with these Terms and Conditions shall be understood to be the moment the goods are delivered to you. If, without reason, you refuse to accept the goods, this fact is not regarded as non-performance of the duty to supply the goods by us, or as withdrawal from the contract by you.
4 How to proceed when accepting the goods?
When accepting goods, check the packaging of the goods is unbroken. If you ascertain shortcomings, promptly inform the forwarder and us. If you refuse to accept a consignment with damaged packaging, this is not regarded as unreasonable rejection of goods.
At the moment of acceptance of the goods (or the moment you were under a duty to accept the goods, but did not do so in conflict with the contract), liability for accidental destruction, damage or loss of the goods is transferred to you.
5 What happens in the event you do not accept the goods?
If, for reasons on your part, it is necessary to deliver the goods again or other than in the agreed manner, you are obligated to pay the costs related to such delivery.
In the event you unreasonably do not accept the goods, we are entitled to reimbursement of the costs related to the delivery of the goods and their storage, as well as other costs that we incur due to the non-acceptance of the goods. These costs will not exceed CZK 10 for each day of storage. The costs of storage can be equal to no more than CZK 500, or the amount of the purchase price, if it is lower than CZK 500.
In such case we are also entitled to withdraw from the contract.
5 WITHDRAWAL FROM PURCHASE CONTRACT
1 How can you withdraw from a contract?
You can withdrawal from a purchase contract within 14 days of the day of acceptance of the goods; if a delivery is split into several parts, from the day of acceptance of the last delivery. We recommend sending notification of withdrawal from a purchase contract to our delivery address or e-mail address. You can use our sample form for withdrawal from the contract. We will confirm the receipt of notification to you without undue delay.
You do not have to give reasons for withdrawal from the contract in any way.
2 What consequences does withdrawal from a contract have?
Withdrawal from a contract renders the contract null and void and it is regarded as never having been concluded.
If you were provided with a gift together with the goods with your consent, the contract of gift terminates upon withdrawal from the contract by either of the parties. Send the gift back to us together with the returned goods.
3 When is it not possible to withdraw from a contract?
In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from the following contracts, inter alia:
• On the delivery of goods that were adjusted in accordance with your wishes or for your person;
• On the delivery of goods sealed in packaging that you removed from the packaging and cannot be returned for hygiene reasons.
4 In what way do you return goods to us?
You are obligated to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any branch or to the address of our registered office. Do not send the goods cash on delivery. We are not obligated to accept goods sent cash on delivery.
We recommend the following be attached to returned goods:
• A copy of the delivery bill and invoice, if the documents were issued, or another document proving purchase of the goods;
• A written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of returning the money (transfer to account, personal acceptance of cash, postal order or otherwise). In the statement specify your address for delivery, telephone number and e-mail address.
The non-submission of one of the aforementioned documents does not prevent the positive handling of your withdrawal from a contract in accordance with the statutory conditions.
5 When will you get your money back?
We will return all funds received within 14 days of withdrawal from a contract. Please take note, however, that we are not obligated to return money to you before you return the goods or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to the return of the costs of delivery of the goods to you. If, however, you chose a method other than the cheapest for the delivery of goods that we offer, we shall return to you the costs for the delivery of goods in an amount corresponding to the cheapest method of delivery of goods.
We will return the money to you:
• In the same way that we accepted it; or
• In the way you request.
In addition to the aforementioned methods, we can always return money by sending it to a bank account you state or the account from which the money was paid to settle the purchase price (if you do not notify us of another account within ten days of withdrawal from the contract). By accepting these Terms and Conditions you express your consent to sending funds in accordance with the previous sentence under the condition that no other costs are incurred by you in this manner.
You pay the costs related to sending returned goods to your address also in the event that the goods cannot be returned given their nature in the usual postal way.
6 When can we withdraw from a purchase contract?
We reserve the right to withdraw from a contract in the following cases:
• Due to a technical error a quite evidently incorrect price for goods was stated at the web interface (Article 2.5 of these Terms and Conditions);
• The goods cannot be supplied under the original conditions for objective causes (primarily because the goods are no longer produced, a supplier stopped making deliveries to the Czech Republic, etc.);
• Performance becomes objectively impossible or unlawful.
In the event that one of the aforementioned circumstances occurs, we will promptly inform you of our withdrawal from the contract. Withdrawal is effective regarding you at the moment it is delivered to you.
If you have already paid the purchase price in full or in part, we will return the amount credited cashlessly to an account you notify us of for this purpose or to the account from which you made the payment. We will return the money within five days of withdrawal from the purchase contract.
6 RIGHTS UNDER DEFECTIVE PERFORMANCE
Your rights under defective performance are governed by generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
Concerning claims of rights under defective performance we will proceed in accordance with our Complaint Rules. Before sending a complaint, thoroughly familiarise yourself with the Complaint Rules, so that a complaint can be dealt with as fast as possible to your satisfaction.
7 CONCLUDING PROVISIONS
1 What authorisations do we have to perform our activities and who supervises us?
We are authorised to sell goods based on a trading licence. Our activities are not subject to other licensing.
A trade licensing check is performed as a part of its activities by the relevant trade licensing office. Checks on compliance with legal regulations concerning technical requirements for goods and the safety of goods are performed by the Czech Trade Inspection Authority (http://www.coi.cz/). The Czech Trade Inspection Authority also performs checks on compliance with consumer protection legislation. Consumer rights are also defended by special-interest associations and other entities focused on their protection.
2 How do we deal with complaints?
We deal with any complaints through the contact e-mail form. You can also contact the entities specified in Article 7.1. In relation to our customers we are not bound by any codes of conduct and we do not comply with them.
3 What rights do you have if a consumer dispute starts?
If you are a consumer and a dispute arises between us based on a contract that we cannot resolve directly, you have the right to contact the Czech Trade Inspection Authority concerning the dispute (http://www.coi.cz/) for the purpose of extrajudicial resolution of the consumer dispute. You can exercise this right no later than one year after the day you first claimed the right that is the subject of the consumer dispute from us.
4 What you should know?
When concluding a contract, remote communication means are used (in particular the internet). You pay the costs arising from the use of remote communication means (primarily costs of internet connection or telephone conversations) yourself. These costs do not differ from the ordinary rate.
Unless agreed otherwise, all correspondence related to a contract takes place between us in writing, either by sending an e-mail, registered post or delivery in person. On our part we will deliver to you, to our e-mail address specified in the order or in your user account.
In the event that a provision of these Terms and Conditions is invalid, ineffective or inapplicable (or becomes so), a provision whose sense most closely corresponds to the ineffective or inapplicable provision is used instead of it. The invalidity, ineffectiveness or inapplicability of a provision does not prejudice the validity of the other provisions. A contract (including the Terms and Conditions) can only be changed or amended in writing.
These Terms and Conditions are valid and effective as of 23 March 2016.