Business terms and Conditions
of the commercial company
M I M O.Ý s.r.o.
with registered office at Mánesova 10, 120 00 Prague 2
Company ID No.: 06502512
VAT No.: CZ06502512
I. INTRODUCTORY PROVISIONS
1. These Business Terms and Conditions (hereinafter referred to only as the “Business Terms and Conditions”) of the commercial company MIMO.Ý s.r.o. with registered office at Mánesova 10, 120 00 Prague 2, Company ID No.: 06502512, VAT No.: CZ06502512, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 283262 (hereinafter referred to only as the “Seller”) regulate the mutual rights and obligations of the Contracting Parties arising in relation to or on the basis of a purchase contract (hereinafter referred to only as “Purchase Contract”) concluded between the Seller and a different natural person or legal entity (hereinafter referred to only as the “Buyer”) via the order form on the website located at the address www.mimoy.design or www.yvy.design (hereinafter referred to only as the “Website”), this being via the interface of the website (hereinafter referred to only as the “Web Interface of the Shop”) in compliance with the provisions of Section 1751 para. 1 et seq. Act No. 89/2012 Coll., Civil Code (hereinafter referred to only as the “Civil Code”).
2. The Business Terms and Conditions shall also relate mutatis mutandis to cases when the party which intends to purchase goods from the Seller is a legal entity or person acting within the framework of their commercial activity or within the framework of independent performance of their trade while ordering goods.
3. Provisions different from the Business Terms and Conditions may be arranged in the Purchase Contract. Different arrangements in the Purchase Contract shall take precedence over the provisions of the Business Terms and Conditions.
4. The provisions of the Business Terms and Conditions constitute an integral part of the Purchase Contract. The Purchase Contract and the Business Terms and Conditions are executed in Czech. The Purchase Contract may be concluded in Czech.
5. The wording of the Business Terms and Conditions may be altered or supplemented by the Seller. This provision shall not affect the rights and obligations created over the period of effectiveness of the previous version of the Business Terms and Conditions.
II. USER ACCOUNT
1. Current operation of the Website does not allow for establishment of user accounts. The order process takes place via the Web Interface or via e-mail messages addressed to firstname.lastname@example.org. While filling in orders – while ordering goods, the Buyer shall be obliged to stipulate all information correctly and truthfully. The Buyer shall be obliged to update the information stipulated in the order in the event of any change thereto. The information stipulated by the Buyer in the order while ordering goods shall be regarded as correct by the Seller.
III. CONCLUSION OF A PURCHASE CONTRACT
1. All presentation of goods location in the Web Interface of the Shop is informative in nature and the Seller shall not be obliged to conclude a Purchase Contract regarding these goods. The provisions of Section 1732 para. 2 Civil Code shall not be applied.
2. The Web Interface of the Shop contains information about goods including the recommended prices of individual goods. Prices of goods are stipulated including value added tax and all related fees. Prices of goods shall remain valid for the period they are displayed in the Web Interface of the Shop. This provision shall not restrict the option of the Seller to conclude a Purchase Contract subject to individually arranged conditions.
3. The Web Interface of the Shop may also contain information about costs relating to packaging and delivery of goods. Information about costs relating to packaging and delivery of goods stipulated in the Web Interface of the Shop shall only apply if cases when goods are delivered within the territory of the Czech Republic.
4. To order goods, the Buyer fills in the order form in the Web Interface of the Shop. The order form in particular contains information about:
– the goods ordered,
– the method of settlement of the purchase price of goods and information about the required method of delivery of the ordered goods,
– other conditions for delivery of the goods
(hereinafter referred to jointly only as the “Order”).
5. Before sending the Order to the Seller, the Buyer shall be obliged to check and where applicable change the information which it enters in the Order, this in part being in view of the impossibility of the Seller detecting and correcting mistakes arising while entering data into the order. The Buyer sends the Order to the Seller by clicking on the “Send Order” button. The information stipulated in the Order shall be regarded as correct by the Seller. After receiving the Order, the Seller shall confirm or not confirm receipt of the Order for the Buyer by e-mail, ideally within 72 hours of receipt of the Order, this being to the Buyer’s e-mail address stipulated in the user interface or in the Order (hereinafter referred to only as the “Buyer’s E-mail Address”).
6. The Seller shall always be entitled, depending on the nature of the Order (quantity of goods, level of the purchase price and anticipated costs for transportation), to ask the Buyer for additional confirmation of the Order (e.g. in writing or by telephone).
7. The contractual relationship between the Seller and the Buyer shall be created at the moment of delivery of the message regarding receipt of the Order (acceptance) which is sent to the Buyer by the Seller by e-mail, this being to the Buyer’s E-mail Address.
8. The Buyer agrees to use of remote means of communication while concluding the Purchase Contract. Costs incurred by the Buyer while using remote means of communication in relation to conclusion of the Purchase Contract (costs for an internet connection, costs for a telephone call) shall be settled by the Buyer itself, whereas these costs do not differ from the basic rate.
IV. PRICE OF GOODS AND PAYMENT CONDITIONS
1. The Buyer may pay the Seller the price of goods and any possible costs relating to delivery of goods pursuant to the Purchase Contract in the following ways:
– in cash at the Seller’s registered office
– cash on delivery at the location determined by the Buyer in the Order
– by cashless transfer to the Seller’s account: 4942675309/0800 ČS a.s., IBAN CZCZ5808000000004942675309, SWIFT GIBACZPX
- by payment card at a terminal on acceptance of goods
– using the PayPal service
2. Together with the purchase price, the Buyer shall also be obliged to pay the Seller costs relating to packaging and delivery of goods in the contractually agreed level. Unless explicitly stipulated otherwise, the purchase price shall hereinafter also be understood to include costs relating to delivery of the goods.
3. The Seller shall not require a deposit or other similar payment from the Buyer. This shall not affect the provisions of art. IV. para. 6. of the Business Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4. In the event of payment in cash or in the event of payment via cash on delivery, the purchase price shall be payable on acceptance of the goods. In the case of cashless payment, the purchase price shall be payable before goods are dispatched by the Seller. If the purchase price is not paid by its due date, usually within 7 days of confirmation of the Order by the Seller (unless a different deadline is specified in confirmation of the Order by the Seller), the Seller shall be entitled to withdraw from the Purchase Contract.
5. In the event of cashless payment, the Buyer shall be obliged to pay the purchase price of goods together with stipulation of the variable symbol of the payment. In the event of cashless payment, the Buyer’s obligation to pay the purchase price shall have been met at the moment of crediting of the respective amount to the Seller’s account.
6. The Seller shall be entitled, in particular if the Buyer fails to provide additional confirmation of the Order (art. III. para. 6.), to request payment of the whole purchase price before dispatch of goods to the Buyer. The provisions of Section 2119 para. 1 Civil Code shall not be applied.
7. Any discounts on prices of goods which may be provided by the Seller to the Buyer cannot be mutually combined.
8. If usual in commercial relations or if so determined by the generally binding legislation, the Seller shall issue a tax document – an invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a VAT payer. The Seller shall issue the Buyer a tax document – invoice after payment of the price of goods and shall send this together with the goods or in electronic format to the Buyer’s E-mail Address.
V. WITHDRAWAL FROM THE PURCHASE CONTRACT
1. The Buyer takes due note of the fact that in accordance with the provisions of Section 1837 Civil Code, it cannot among other thing withdraw from a Purchase Contract for delivery of goods which were modified in line with the Buyer’s wishes or for the Buyer, from a Purchase Contract for delivery of perishable goods, as well as goods which were irreversibly mixed with other goods after delivery, from a Purchase Contract for delivery of goods in a sealed container which the consumer removed from the container and which cannot be returned on hygiene grounds and from a Purchase Contract for delivery of audio or visual recordings or a computer programme if their original packaging has been opened.
2. If this does not concern a case specified in art. V. para. 1. or other case when it is not possible to withdraw from the Purchase Contract, the Buyer shall, in compliance with the provisions of Section 1829 para. 1 Civil Code, be entitled to withdraw from the Purchase Contract, this being within fourteen (14) days from receipt of the goods, whereas if the subject of the Purchase Contract is several types of goods or delivery of several parts, this deadline shall start from the date of acceptance of the last delivery of goods. Notice of withdrawal from the Purchase Contract must be sent to the Seller within the deadline specified in the previous sentence. In order to withdraw from the Purchase Contract, the Buyer may also use the specimen form provided by the Seller which constitutes an attachment to the e-mail on confirmation of the Order by the Seller or which can be found in the Web Interface. Withdrawal from the Purchase Contract may, among other methods, be sent by the Buyer to the Seller’s registered office address or to its e-mail address email@example.com.
3. In the event of withdrawal from the Purchase Contract in accordance with art. V. para. 2. of the Business Terms and Conditions, the Purchase Contract shall be terminated ex tunc. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall be liable for costs relating to return of the goods to the Seller, even if the goods cannot be return through usual postal channels due to their nature.
4. If the consumer uses their right to withdraw from the Contract within 14 days of receipt of performance, they shall be obliged to issue to the Seller everything which they gained on the basis of the Purchase Contract. If this is no longer possible (e.g. goods have been destroyed or consumed in the meanwhile), the consumer must provide monetary compensation as consideration for that which can no longer be issued.
The Buyer takes due note of the fact that if goods returned by the Buyer are damaged, worn or partially used, entitlement shall be created for the Seller to compensation for damage from the Buyer for any damage incurred by the Seller due to this. The Seller shall be entitled to unilaterally set off entitlement to compensation for damage incurred against the Buyer’s entitlement to refunding of the purchase price. The Seller may in addition to this set off its actually incurred costs relating to return of the Goods against the purchase price which should be refunded to the Buyer.
5. In the event of withdrawal from the Contract in accordance with art. V. para. 2. of the Business Terms and Conditions, the Seller shall refund funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer. The Seller shall also be entitled to already refund performance provided by the Buyer at the moment of return of goods by the Buyer or in another manner, if the Buyer agrees to this and if no further costs are incurred by the Buyer as a result of this. If the Buyer withdraws from the Purchase Contract, the Seller shall not be obliged to refund funds to the Buyer before the Buyer returns the Goods or proves that it has sent the goods to the entrepreneur.
6. The Seller shall be entitled to unilaterally set off entitlement to compensation for damage created to the goods against the Buyer’s entitlement to refunding of the purchase price.
7. Until the moment of acceptance of goods by the Buyer, the Seller shall be entitled to withdraw from the Purchase Contract at any time. In such a case, the Seller shall refund the purchase price to the Buyer without unnecessary delay, this being in a cashless manner to the account determined by the Buyer.
8. If the Buyer is provided a gift together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition subsequent that if the Buyer withdraws from the Purchase Contract, the gift contract relating to such a gift shall lose its effectiveness and the Buyer shall be obliged to also return the gift provided to the Seller together with the goods.
9. This article regulates the conditions only for sale to a natural person – a consumer who does not possess a trade licence. The conditions determined by the Civil Code for consumer protection, in particular relating to withdrawal from a contract, shall not be applied when concluding a Purchase Contract with an entrepreneur.
VI. TRANSPORTATION AND DELIVERY OF GOODS
1. If the method of transportation is contractually agreed on the basis of special requirement by the Buyer, the Buyer shall bear the risk and be liable for any additional costs which may relate to this method of transportation.
2. If the Seller is, in accordance with the Purchase Contract, obliged to deliver goods to a location determined by the Buyer in the Order, the Buyer shall be obliged to accept goods on delivery.
3. If it is necessary, for reasons lying on the side of the Buyer, to deliver the goods repeatedly or in a different manner to that specified in the Order, the Buyer shall be obliged to settle costs relating to repeated delivery of the goods, or cost relating to the different method of delivery.
4. Ordered goods shall, according to their availability and the operational options open to the Seller, be delivered as soon as possible by post or using a different carrier, usually within 15 working days of binding confirmation of the Order if the goods are in stock and if this does not concern goods which are made to order. The Buyer shall be informed by e-mail of the fact that the Seller has handed over a consignment to the selected carrier for dispatch.
5. If ordered goods are not available in stock for a long time or if it is not possible to hand goods over to the carrier within the agreed deadline, the Seller shall be entitled to withdraw from the Purchase Contract (binding Order). If part of the Order or the whole Order has been paid for, money shall be refunded to the Buyer to the Buyer’s account within 14 days of mutual agreement being reached.
6. On acceptance of goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging of the goods and in the event of any defects, to notify the carrier of this without delay. If any damage to the packaging is found indicating unauthorised interference with the consignment, the Buyer need not accept the consignment from the carrier.
7. The Buyer shall be obliged to check the content of the consignment and to notify the Seller of any discrepancy (damaged goods, missing goods or incorrectly sent items) without delay.
VII. RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the Contracting Parties regarding rights from defective performance shall be governed by the generally binding legislation (in particular by the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 Civil Code).
2. The Seller shall be liable to the Buyer for the goods being free from defects at the moment of acceptance. The Seller shall in particular be liable to the Buyer for the following at the time when the Buyer accepted the goods:
– the goods exhibiting the properties which the Parties agreed, and if agreement is lacking, the goods exhibiting such properties which the Seller or the manufacturer described or which the Buyer expected in view of the nature of the goods and on the basis of the adverts performed regarding the goods,
– the goods being suitable for the purpose which the Seller states for their use or for which the goods are usually used for,
– the goods corresponding to the equality or design of the contractually agreed specimen or pattern, if quality or design was determined according to a contractually agreed specimen or pattern,
– the goods being in the appropriate quantity, scope or weight and
– the goods meeting the requirements of the legislation
3. The provisions specified in art. VII. para. 2. of the Business Terms and Conditions shall not be applied in the case of goods sold at a lower price because of a defect due to which the lower price was agreed, to worn goods when wear was caused by their regular use, in the case of used goods for a defect corresponding to the level of use or wear which the goods exhibited at the moment of acceptance by the Buyer, or if this results from the nature of the goods.
4. If a defect exhibits itself over the course of a period of six months from acceptance, it shall be understood that goods were already defective at the moment of acceptance.
5. Rights from defective performance shall be exercised by the Buyer with the Seller at its registered office address, or in another manner agreed with the Seller. The moment when the Seller received the goods being claimed for from the Buyer shall be regarded as the moment the claim is submitted.
6. Other rights and obligations of the Parties relating to the liability of the Seller for defects may be regulated for by the Seller’s claims regulations.
7. No consumer rights may be exercised for gifts which were provided completely free of charge. Such goods meet the conditions of a Gift contract and all of the standards pursuant to the valid Czech legislation.
VIII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer shall acquire ownership of the goods by paying the whole purchase price of the goods.
2. The Seller shall not be bound in relation to the Buyer by any codes of conduct within the meaning of the provision of Section 1826 para. 1 e) Civil Code.
3. Any complaints or claims of consumers shall be handled by the Seller in particular via the e-mail address firstname.lastname@example.org. Information about handling of complaints made by the Buyer shall be sent by the Seller the buyer’s e-mail address from which the complaint or claim was sent, unless the Buyer stipulates a different address. If a claim or complaint is not settled to the full satisfaction of the Buyer, the Buyer shall have the option of contacting the Czech Trade Inspection authority which is the competent authority for commencement of out-of-court resolution of disputes. Full information about the option for out-of-court resolution of consumer disputes can be found on the website www.coi.cz. The Buyer shall also be entitled to use the platform for resolution of consumer disputes which can be found at https://webgate.ec.europa.eu/odr/.
4. The Seller is entitled to sell goods on the basis of a trade licence. Inspection of trade activity is performed within the scope of its jurisdiction by respective trade licensing authority. Supervision over the field of personal data protection is performed by the Office for Personal Data Protection. Among other things, the Czech Trade Inspection Authority performs supervision in the defined scope over compliance with Act No. 634/1992 Coll., on consumer protection.
5. The Buyer hereby assumes risk of change in circumstances within the meaning of Section 1765 para. 2 Civil Code.
IX. PRINCIPLES OF PERSONAL DATA PROTECTION
1. The Buyer takes due note of the fact that its personal data will be processed by the Seller for the purposes of the Contract, this data consisting of:
– Name and surname
– E-mail address
– Telephone number
– Delivery address
2. If cookies are used, the Buyer will be informed of this by means of a banner when entering the Website.
3. Data may be provided to other parties, in particular carriers, for the requirements of performance of the Contract.
4. By checking off the respective boxes, the Buyer grants the Seller its consent to sending commercial messages and the Buyer’s E-mail Address is registered for this purpose.
5. Personal data obtained pursuant to the previous point shall be stored by the Seller for a period of 3 years. Personal data obtained on the basis of point 1 shall be stored by the Seller for a period of 10 years.
6. The Buyer shall be entitled to obtain information from the Seller as to which data about it is being processed and the content of such data. The Buyer shall also be entitled to its correction where applicable and to its deletion if obtained on the basis of consent.
7. If any breach of data protection occurs, the Seller shall be obliged to inform the Buyer of this.
8. In the event of breach of obligation on the part of the Seller, the Buyer shall be entitled to file a complaint with the Office for Personal Data Protection.
9. Processing of personal data is not performed in an automated manner.
1. Deliveries may be performed for the Buyer and messages sent to the e-mail address specified in its user account or stipulated by the Buyer in the Order.
XI. ELECTRONIC REGISTRATION OF SALES
1. When paying in cash, the Act on registration of sales determines the obligation for the Seller to issue a receipt to the Buyer. The Seller is also obliged to register the revenue received online with the tax administrator; in the event of technical outage, then within 48 hours.
XII. FINAL PROVISIONS
1. In the event of any dispute between the Seller and the Buyer acting within the framework of its commercial activity, the court with local jurisdiction over the location of the Seller’s registered office shall hold jurisdiction for hearing of the matter with preservation of the local jurisdiction of the court in compliance with the provisions of Section 89a Act No. 99/1963 Col., Code of Civil Procedure.
2. If any of the provisions of the Business Terms and Conditions is invalid or ineffective, or if any provision becomes invalid or ineffective, a provision shall be applied instead of such a provision, the sense of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes or supplementations to the Purchase Contract or Business Terms and Conditions must be made in writing.
3. We would like to draw attention to the fact that the information on the Website is in part taken over from third parties, may contain material and technical inaccuracies or typographic errors and may be updated without prior warning. The Seller may at any time and without prior warning change the products and services described on its Website and does not guarantee the material accuracy of its content.
4. Costs for use of remote communication means (telephone and internet etc) for placing Orders are charged in the regular level, this being dependent on the tariff for communication services which the Buyer uses. These costs shall be settled by the Buyer itself.
5. The Purchase Contract, including the Business Terms and Conditions shall be archived by the Seller in electronic format and are not accessible
In Prague, on 1.12.2018