General Terms and Conditions

These General Business Terms and Conditions (hereinafter as the “Business Conditions”) apply to contracts concluded through the online shop Mimi concept, located on the web interface www. mimiconcept.cz (hereinafter as the “web interface”) with our company:

MimiConcept, s.r.o., having registered office at Krakovská 583/9 Nové Město, 110 00 Prague 1,
Company ID: 04740408,
Tax ID: CZ04740408

registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 252826

Delivery address: Krakovská 9, 110 00 Prague 1,
Czech Republic
Contact e-mail: info@mimiconcept.cz

Introductory provisions

By the purchase contract, we undertake to deliver the goods indicated in the order to you, and you undertake to accept such goods (either in person or from the carrier) and to pay the purchase price specified in the order to us. The purchase price (or “price”) includes the costs of delivery of the goods and any fees associated with the selected method of payment. The amount of the above costs shall be communicated to you at all times prior to the binding placement of your order. The title to the good shall be acquired by you after the payment of the full purchase price, but not before you take delivery of the goods.

Does the purchase contract apply to goods only?

In this document, any contract entered into under these Business Conditions is referred to as a purchase contract (or the “contract”). Accordingly, this may include, for example, a contract for the provision of services.

Is the purchase contract a consumer contract?

A contract is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business or profession. Otherwise, the contract does not constitute a consumer contract and you are not covered by consumer protection under legal regulations and these Business Conditions. In particular, as a non-consumer you do not have the right to withdraw from the contract without any reason stated.

What special rights do you have as a consumer?
As a consumer, you primarily have:

the right to withdraw from a contract entered into by means of distance communication, such as telephone, e-mail or online shop (Article 5 of these Business Conditions); the right to a 24-month guarantee for unused consumer goods (the application of the guarantee is regulated in the Complaints Procedure); the right to be informed before the entry into the contract (the information is provided in these Business Conditions or on the web interface); the right to an out-of-court settlement of a consumer dispute arising from a contract (Article 7.3 of these Business Conditions).

What documents regulate our legal relation?

Our legal relation is regulated by the following documents:
these Business Conditions, which define and explain our mutual rights and obligations; Complaints Procedure, which will be applied in the case a complaint of goods if filed; Conditions of Use of the web interface, which regulate the registration on the web interface, protection of your personal data, protection of the contents of the web interface and certain other relations related to the use of the web interface; conditions and instructions provided on the web interface especially when concluding a contract; an order and its acceptance by us; and, in issues not regulated herein, the following legal regulations shall apply: Act No. 89/2012 Coll., the Civil Code (hereinafter as the “Civil Code”); Act No. 634/1992 Coll., on Consumer Protection, as amended by later regulations (only if you are a consumer). If your residence or registered office is outside the Czech Republic or if our legal relation contains another international element, you acknowledge that our relation is subject to the Czech legal order. If you are a consumer and the legal order of the state of your residence provides a higher level of consumer protection than the Czech legal order, the higher level of protection shall be granted to you within the legal relation.

How do I give consent to the Business Conditions?

By sending an order and providing a confirmation on the web interface, you confirm that you have read and agree to these Business Conditions. The text of the Business Conditions is subject to changes or amendments. Your rights and obligations shall be governed at all times by the version of the Business Conditions effective at the time when your rights and obligations arose.

Purchase contract

How is a purchase contract concluded?

The web interface lists the goods, including the description of the main properties of individual items. For each item of goods, the price is given, including all taxes, customs duties and fees. The presentation of the goods is for information purposes only and does not constitute our proposal for the entry into a contract in the sense of Section 1732(2) of the Civil Code. For a contract to be concluded, you must send an order, which must be accepted by us.

How do I place an order?

You can place an order at all times through the web interface (by completing the form available), or by telephone, e-mail or another manner enabled by according to the updated information on the web interface. An order must contain all information prescribed in the form, mainly the exact name of the goods ordered (or the numerical designation of the goods), number of pieces, selected method of payment and transport and your contact details (delivery and invoicing details, as appropriate). Before your order is sent with a binding effect, the summary of your order will be displayed, including the final price (depending on the selected method of transport and payment). In particular, the type and quantity of goods, e-mail and delivery addresses should be check. In the summary, you have the last opportunity to change the details entered. The binding order is placed by pressing the “BUY” button. The details provided in the binding order is considered by us as correct and complete. Please inform us immediately of any changes of your details by phone or by e-mail. We will notify you of the receipt of your order. The information (confirmation) of the receipt of your order is sent automatically and does not constitute the acceptance of your order by us, unless otherwise stated in the confirmation. If we have any doubts of the authenticity and seriousness of the order, we may contact you for verification. We may refuse an unverified order. Such order shall be treated as if it had not been placed.

When is the contract concluded exactly?

The purchase contract is concluded at the moment when you receive the acceptance of your order by us. The acceptance of your order shall be sent to the e-mail address provided by you in your order. If the acceptance of your order is not received, the contract shall be concluded at the moment when you pay the full purchase price or take delivery of the goods ordered (whichever comes earlier). The acceptance of your order may be included in the information on the receipt of the order as per Article 2.2 of these Business Conditions (if this is explicitly stated in the confirmation), or it may follow this confirmation separately. Information on the individual technical steps leading to the entry into a contract is evident in the web interface.

Can I cancel an already placed order?

You can cancel an order that has yet not been accepted by us (i.e. you have not been sent the confirmation of acceptance of your order by us under Article 2.3 of these Business Conditions) by telephone or by e-mail. All orders accepted by us are binding. Later cancellation of an order is only possible by agreement with us. If an order is cancelled in this way for the goods in respect of which the contract cannot be cancelled (see Article 5 for details), we are entitled to be reimbursed for costs expended by us in connection with the contract.

Can the price shown on the web interface change?

Prices of the presented goods and prices for packaging, transport and delivery remain valid for as long as they are displayed on the web interface. Any discounts off the price of the goods cannot be combined, unless otherwise stated on the web interface. In the case we have made an obvious technical error regarding the price of the goods on the web interface or during the ordering procedure, we are not obliged to deliver to you the goods at the obviously erroneous price, even if you have been sent the acceptance of your order under these Business Conditions. In such case, we reserve the right to withdraw from the contract, If the price stated for the goods on the web interface or during the ordering procedure is no longer current, you shall be advised of this by us without undue delay. If your order has not been accepted yet, we are not obliged to enter into the contract. Orders placed are not affected by a price change that occurs between the time of placing the order and our acceptance of the given order under Article 2.3 of these Business Conditions. Is it possible to obtain the contract in text form? The contract is not concluded in writing and signatures of the contracting parties are not appended. The contract consists of these Business Conditions, your order and its acceptance by us. The entire contract shall be sent to you by e-mail or in paper form by post at your request. In the latter case, we may ask you to cover the costs expended by us on sending the order by post. What to do if there is anything unclear in the contract? If you have any questions about the Business Conditions or the contract, please contact us by telephone or e-mail. We will be happy to provide you with all information you might require.

In what languages can the contract be concluded?

The contract can be concluded in the Czech language, unless we expressly agree on another language.

Is the contract stored anywhere?

The contract (including these Business Conditions) is retained in electronic form. The contract is not accessible to third parties, but it shall be sent to you by us at request.

Payment terms

What methods of payments are accepted?

The purchase price can be paid by the following methods: cash on delivery (available only in Czech republic);

by cashless payment to our account before the goods are delivered (instructions are provided in the order confirmation)

Online via ComGate payment gateway

Any other methods of payment are listed on the web interface. Certain payment methods (especially the cash on delivery) may be subject to additional fees. These fees are indicated on the web interface.

The final price is always shown in the order and this final price includes all fees associated with the selected method of payment.

When is the purchase price due?

In the case of cash payment, the price is due upon receipt of the goods. In the case of cashless payment before delivery of the goods, the price is due within seven days of receipt of the order in accordance with Article 2.3. Your obligation to pay the price in the case of cashless payment is fulfilled at the moment when the respective amount is credited to our bank account.

What currencies are accepted

The payment for goods is possible in Czech crowns (CZK) and EUR.

When can a deposit or payment in advance be requested?

A deposit on the purchase price can be required especially for orders with the total price exceeding CZK 5,000. In addition, we are entitled to ask you to pay the full price of the goods before the goods are shipped or handed over (Section 2119(1) of the Civil Code shall not apply). “Twisto” payment service is provided by the company Twisto payments a.s., Company ID: 01615165, registered in the Commercial Register in Prague, Section B, Insert 19085, having registered office at Újezd 450/40, Malá Strana, 118 00 Prague 1 (hereinafter as the “Twisto”) based on an assignment of a claim for the payment of the total purchase price with extended maturity to the company Twisto, specifically under the terms and conditions set out in

the “General Business Conditions for Customers of “TWISTO” Service”. By selecting Twisto service, the Buyer declares that he/she has full legal capacity, is over 18 years of age and is aware that the “Twisto” payment service is intended only for persons who meet the above requirements.
If the Buyer uses the “Twisto” service mediated by the Seller and provided by the company Twisto, the Buyer is obliged to settle the payment (i.e. the total purchase price and shipping costs) within 14 days of sending the goods or providing the service. The purchase contract is concluded by completion of the order by the Buyer, acceptance by the order by the Seller (in a written confirmation sent by e-mail) and by payment of the ordered goods or service by the Buyer or using the “Twisto” service. The Buyer acknowledges that in case of using the “Twisto” service, the order is binding and does not serve as a reservation of goods or services.

The Buyer agrees that by selecting the “Twisto” service in the Vendor’s shopping cart and upon subsequent approval of the applicable by the company Twisto” , the Buyer shall accept the “General Business Conditions for Customers of “TWISTO” Service”.

4. Delivery terms

How do we send goods?

The delivery methods of the goods are delineated on the web interface. The specific method of delivery can be selected in the order. If no method of delivery is selected by you, it can be determined by us.

What is the cost of delivery?

The cost of delivery is at all times subject to the size and nature of the goods and the pricelist of the carrier selected. The current costs of delivery of the goods are listed on the web interface. The order always shows the final price, which includes the costs of the selected shipping method.

When will we deliver the goods?

The delivery period at all times depends on the availability of the goods and the selected shipping and payment methods. The goods that are in stock shall be generally handed over by us to the carrier within seven business days of the acceptance of the order (if the goods are sent “cash on delivery” or upon personal collection of the goods), or, as appropriate, after payment has been credited to our account (in the case of cashless payment). The goods that are not in stock shall be handed over by us to the carrier as soon as possible. You will be informed of the exact date.
The delivery of the goods under these Business Conditions shall be understood the moment when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed as the non-compliance with our obligation to deliver the goods or as the withdrawal from the contract by us.

What is the procedure when the goods are delivered?

Upon receipt of the goods, you should check the packaging of the goods for any damage. If any defects of the packaging are found, you should inform the carrier and us immediately. Your refusal to accept a consignment with damaged packaging is not deemed an unreasonable refusal of the goods.
From the moment you take delivery of the goods (or the moment when you were obliged to take delivery of the goods but failed to do so in breach of the contract), liability for accidental destruction, damage or loss of the goods shall pass to you.

What happens if I do not accept the goods?

If, for reasons attributable to you, the goods must be delivered repeatedly or in a different method than agreed, you are obliged to pay the costs associated with such delivery.
If you do not take delivery of the goods without reason, we are entitled to reimbursement of costs associated with the delivery and storage of the goods as well as any other costs that might incur to us due to your failure to take delivery of the goods. These costs shall not exceed CZK 10 for each day of storage. The storage costs may amount to the maximum total of CZK 500 or the amount of the purchase price if lower than CZK 500.

In addition, we have a right to withdraw from the contract in such case.

5. Withdrawal from the contract

How can I withdraw from the contract?

You may withdraw from the contract within 14 days of the day of acceptance of the goods; if the delivery is divided into several parts, of the day of acceptance of the last delivery. The notice of withdrawal from the purchase contract should be sent to our delivery address or e-mail. You can use our template form to withdraw from the contract. We will confirm the receipt of the above notice without undue delay. You need not give any reasons for withdrawal.

What are the consequences of withdrawal?

The act of withdrawal cancels the contract from the outset and the contract shall be treated as if it had never been concluded. If a gift has been provided to you together with the goods with your consent, the gift contract ceases to have effect upon withdrawal by either party. You must send the gift back to us together with the goods returned.

When is it impossible to withdraw from the contract?

Pursuant to Section 1837 of the Civil Code, withdrawal is impossible for the following contracts, inter alia: delivery of goods that have been customized to your requirements or for you;
contracts for delivery of goods in closed packaging which you have removed and which cannot be returned for hygiene reasons.

How do I return the goods?

You must return the goods to us within 14 days of withdrawal of the contract to our delivery address, to any of our establishments or to the address of our registered office. Please do not send the goods by the “cash on delivery” method. We are not obliged to accept consignments sent in this manner. We recommend that you send the following documents with the returned goods: a copy of the delivery note and invoice, if these documents have been issued, or another proof of purchase of the goods;
a written statement of withdrawal from the contract (using our form or otherwise) and the selected method of refund (bank transfer, personal collection of cash or postal order or otherwise). Please provide your delivery address, telephone number and e-mail address in the above statement. Failure to submit any of the above documents shall not prevent your withdrawal from being processed under statutory conditions. For details, please refer to our Complaints Procedure.

When will I get my money back?

We will refund all money we have received to you within 14 days of withdrawal from the contract. Please acknowledge, however, that we are not obliged to refund your money before you return the goods to us or prove that you have sent the goods to us. In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. Nonetheless, if you have not selected the cheapest method of delivery offered by us, we will refund you the costs of delivery of the goods at the rate of the cheapest method of delivery offered.

Your money will be refunded to you:

in the same manner we received your money or in the manner you request; In addition to the above-mentioned methods, we may send the money at all times also by sending it to the bank account nominated by you or to the account from which the money was remitted to pay the purchase price (unless any account is communicated by you to us within ten days of withdrawal). By accepting these Business Conditions, you agreed that the money may be sent under the preceding sentence, under the condition that no further costs are incurred by you in this way. You bear all the costs of sending the returned goods to our address, even if the goods cannot be returned by the usual postal route due to their nature.

When can the seller withdraw from the purchase contract?

We reserve the right to withdraw from the contract in the following cases: an obviously erroneous price of the goods was displayed on the web interface due to a technical error (Article 2.5 of these Business Conditions);
for objective reasons, the goods cannot be delivered under the original conditions (chiefly for the reason that the goods are no longer produced or the supplier has stopped delivering the goods to the Czech Republic, etc.);
the performance becomes objectively impossible or unlawful.
If any of the above circumstances occur, we will inform you of the withdrawal from the contract immediately. The act of withdrawal is effective in relation to you from the moment it is delivered to you. In the event you have already paid the purchase part or a part thereof, the amount received shall be set to you by cashless payment to the account communicated to us by you for this purpose or to the account from which your payment has been made. The money shall be refunded within five days of withdrawal from the purchase contract.

6. Rights arising from defective performance

Your rights arising from defective performance are governed by legislation of binding application (chiefly Sections 1914 through 1925, 2099 through 2117 and 2158 through 2174 of the Civil Code).
Upon exercise of rights arising from defective performance, we proceed in line with our Complaints Procedure. Before sending your complaint, you should read the Complaints Procedure thoroughly to ensure that your complaint is processed as fast as possible to your satisfaction.

7. Final provisions

What licences do we have to carry out our activities and who controls us during the performance of our activities?

We are authorized to sell goods by virtue of our Trade Licence. Our activities are subject to no other permits. Trade control is conducted by the respective Trade Authority in the scope of its competence. Compliance with legal regulations concerning technical requirements for and safety of goods is checked by the Czech Trade Inspection Authority (http://www.coi.cz/). In addition, the Czech Trade Inspection Authority also checks compliance with consumer protection regulations. Consumer rights are also protected by consumer interest associations and other consumer protection entities.

How are complaints handled?

Complaints, if any, are processed via out contact e-mail. You may also contact the entities listed in Article 7.1. We are bound by no codes of conduct to our customers and we observe no such conducts.

What rights do customers have in the case of a consumer dispute?

If you are a consumer and a contractual dispute arises between us that we are unable to resolve directly, you have a right to submit that dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) for the purpose of an out-of-court resolution of the consumer dispute. The above right can be exercised no later than within 1 year of the day on which the right that is the subject of that consumer dispute was exercised by you with us.

Is there anything else I should know?

When concluding a contract, distance communication means are used (especially the Internet). The costs incurred when using the distance communication means (in particular the costs of the Intern connection or telephone calls) are covered by you. These costs do not differ from normal rates. Unless otherwise agreed, all correspondence relating to the contract between us is executed in writing, either by e-mail, by registered post or by personal delivery. We will deliver our communications to you to the e-mail address indicated in the order or in your user account. If any provision of these Business Conditions is (or becomes) invalid, ineffective or unenforceable, a provision shall be used instead the essence of which comes closest to the invalid, ineffective or unenforceable provision. The invalidity, ineffectiveness or unenforceability of one provision shall not affect the validity of the remaining provisions. The contract (including the Business Conditions) may be altered or modified only in writing. These Business Conditions are valid and effective from 23.03.2016.

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