General Terms and Conditions

GENERAL TERMS AND CONDITIONS

Online store https://www.mimifirenze.com

1. Basic provision

These general business conditions (hereinafter referred to as "business conditions") of the company NATKA spol. sro, with its registered office at Holečkova 789/49, Smíchov, 150 00, Prague, identification number: 25684124, VAT number: CZ25684124, (hereinafter referred to as the “seller”) are issued pursuant to Section 1751 (1) of Act No. 89 / 2012 Coll., Civil Code, as amended (hereinafter the "Civil Code").

1.2. These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter "purchase agreement") concluded between the seller and another natural person (hereinafter "buyer") through an online store at https: // www .mimifirenze.com (the "Online Store").

1.3. The business conditions and the purchase contract are primarily prepared in the Czech language, unless the parties agree on another language. The contractual relationship is governed by Czech law in its effective wording.

1.4 These terms and conditions define the relationship and the rights and obligations arising from it only between the seller and the buyer - a natural person, a non-entrepreneur who enters into a contract exclusively outside the scope of his business or independent profession.

1.5 The wording of the business conditions may be amended or supplemented by the seller on the basis of § 1752 of Act No. 89/2012 Coll., The Civil Code. The change of business conditions will be notified to the buyer via the seller's website, specifically at https://www.mimifirenze.com in the Business Conditions with the date of entry into force of the new conditions and the possibility of previewing the wording of previous ones.

The other party has the right to reject the change, in the case of a long-term contract for re-performance, and to terminate the obligation for this reason within one month from the date of entry into force of the new conditions.

2. Ordering goods and concluding a purchase contract

2.1 The presentation of the goods listed in the online store https://www.mimifirenze.com is not an offer to conclude a contract, it is only of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.

2.2 The prices of the goods are stated including value added tax, if the seller pays such tax (VAT) without postage and packaging. The price stated for the goods is the final price for the goods. The price of the goods is valid as long as it is displayed in the online store https://www.mimifirenze.com.

2.3 The online store https://www.mimifirenze.com also contains information on the costs associated with the packaging and delivery of goods as part of its delivery in the Czech Republic at a specific location.

2.4 Costs associated with the packaging and delivery of goods in the Czech Republic are always listed before sending the order through the website of this online store. Costs are calculated according to public and private price lists of transport companies, depending on the weight, method of payment and method of delivery selected in the order form.

2.5 Before sending the order to the seller, the buyer is allowed to change the order and modify the data he has entered in the order and check the accuracy of the entered data.

2.6 The buyer's costs incurred in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of telephone calls, costs of internet connection, etc.) on the part of the buyer, shall be borne by the buyer himself.

2.7 The buyer orders the goods in the following ways:

• a) the buyer "inserts" the ordered goods into the shopping cart of the online store, by pressing the "Add to cart" button, through his user account, if he has registered in the previous step in the online store https://www.mimifirenze.com
• b) the buyer "inserts" the ordered goods into the shopping cart of the online store, by pressing the "Add to cart" button, without the need for a customer account and registration.

2.8 The buyer sends the order to the seller by clicking on the "Pay" button. All information provided in the order is required by the seller to be correct. The buyer thus confirms that he has filled in all the required information correctly, according to his knowledge and conscience when creating the order, and by clicking on the "Pay" button, he agrees with these terms and conditions.

2.9 All orders sent by the buyer to the seller are considered binding by the seller.

2.10 Immediately after sending the order to the seller, the seller will issue a confirmation of delivery of the order to the buyer via e-mail to the contact specified by the buyer in the order or in the user account of the online store https://www.mimifirenze.com, where the buyer registered. This confirmation is not considered a conclusion of the purchase contract.

2.11 Upon delivery of the order from the buyer, the seller acquires the right to contact the buyer in order to complete the missing data, possible change and modification of data in the order.

2.12 If required by the nature of the order, the seller is entitled to contact the buyer and request his cooperation to conclude a purchase contract.

2.13 The conclusion of the purchase contract between the seller and the buyer arises only when the order is confirmed by the seller. The seller will issue an order confirmation to the buyer and send it to the e-mail address provided by the buyer in the order.

2.14 In the event of a technical failure on the part of the seller, obviously incorrect display of product prices or combinations of discounts causing the minimum price of the online store order, the seller is not obliged to deliver the goods or services to the buyer at the specified price. Even in the case of order confirmation or its payment by non-cash payment (payment card, bank transfer or other payment method).

2.15 These terms and conditions only apply to the purchase of goods through the online store https://www.mimifirenze.com

3. Price

3.1 The price for the goods and any costs associated with transport, product modification (if the seller provides it directly in the online store), the buyer can pay in the following ways:

• cashless via payment system: Stripe, PayPal
• cashless payment card

3.2 The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with the packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

3.3 In the case of payment on delivery or in cash, the price of the goods is payable upon receipt or on the day of delivery of the goods. In the case of non-cash payment, the purchase price is payable within days of concluding the purchase contract.

3.4 In the case of non-cash payment, the buyer is obliged to pay the purchase price together with the variable symbol, to the bank account of the seller. The buyer's obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller's account.

3.5 According to the provisions of §1820 par. 1 let. b) of the Civil Code, the seller does not require the buyer an advance or other similar payment. Payment of the purchase price of the goods before dispatch cannot be considered as a deposit.

3.6 Any price advantages and discounts on the purchase price of the goods may not be combined with each other, unless the seller decides otherwise. The buyer is always informed about possible combinations of discounts, benefits, etc. and about the final price of the goods before sending the order.

3.7. The tax document is issued by the seller after payment of the purchase price of the goods by the buyer and is delivered by the seller to the e-mail address provided by the buyer in the order and / or physically handed over when picking up the goods at the seller's premises and / or sent to the buyer.

4. Delivery of goods

4.1 The costs of delivery of goods are always stated in the order and subsequent confirmation issued by the seller, depending on the stated method and type of delivery.

4.2 The buyer is obliged to take over the goods at the place specified in the order, if he does not do so, there is a risk of non-delivery of the goods and their return to the seller. In the case of subsequently requested repeated delivery by the seller, the buyer acknowledges the repeated costs of transport in the amount of its original price.

4.3 When receiving the goods from the carrier, the buyer is obliged to thoroughly check the shipment for damage to the packaging or the goods themselves. If the buyer does not agree to take over the goods, he is obliged to notify the carrier without delay. In the event of defects on the packaging or directly on the goods, the buyer is not obliged to take over the shipment from the carrier.

4.4 By paying for the goods and taking over the goods from the carrier, the buyer acquires ownership and all obligations associated with it. By taking over the goods by the buyer, the risk of damage to the goods passes to the buyer.

4.5 The goods are delivered to the buyer:

• Through company (ies): Česká pošta, PPL, DPD
• To the address specified by the buyer in the order

4.6 Personal collection is free of charge.

4.7 The goods are usually delivered to the carrier within 3 working days.

4.8 The buyer, who chose the form of delivery by picking up at the store when ordering the goods, is obliged to pick up the goods within days. The seller will personally inform the buyer about the possibility of picking up the goods by sending a message to an e-mail address or by phone call.

5. Customer's account

5.1 The buyer, who registers in the online store https://www.mimifirenze.com, can gain access to a user account from which he can create orders for goods. If the functionality of the store allows ordering goods without registration, the buyer can also order goods without registration.

5.2 When registering for a user account and ordering goods, the buyer is obliged to provide correct and true information. In the event of a change in the data, the buyer is obliged to update this data in the user account, or immediately report this change to the seller. The data filled in by the buyer are considered to be the only and correct.

5.3 Access to the user account is protected by a username and password. The buyer is obliged to maintain confidentiality and the buyer may not provide this information to a third party, if he does so, then only at his own risk. The operator of the website https://www.mimifirenze.com stores access data to the Buyer's account in encrypted form.

5.4 The seller is not responsible for any misuse of the user account by a third party.

5.5 The Seller reserves the right to cancel the Buyer's user account, especially in the event that the Buyer does not actively use it for a demonstrably longer than 12 months. Alternatively, if the buyer violates the obligations of the purchase contract and these general terms and conditions or other business agreements with the operator of the website https://www.mimifirenze.com.

5.6 The operator of the website https://www.mimifirenze.com is not obliged to ensure the continuous operation of user accounts, especially for planned outages, updates or failures.

6. Withdrawal from the purchase contract

6.1 Pursuant to the provisions of Section 1837 of the Civil Code, the buyer may not withdraw from the purchase contract in the following cases:

• the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
• the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
• the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
• the supply of goods which have been adapted to the wishes of the consumer or to his person,
• the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,
• repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
• delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return,
• the supply of an audio or video recording or a computer program if it has broken their original packaging,
• delivery of newspapers, periodicals or magazines,
• accommodation, transport, meals or use of free time, if the entrepreneur provides these services within the specified period,
• concluded on the basis of a public auction in accordance with the law governing public auctions, or
• delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract.

6.2 If the cases specified in paragraph 6.1 of these general conditions for withdrawal from the purchase contract do not apply, the buyer is entitled to withdraw from the purchase contract within 14 days of receipt of the goods in accordance with § 1829 par. 1 of the Civil Code.

6.3 If the order is divided, or contains several parts (or goods), which are delivered at intervals, the period for withdrawal from the purchase contract begins to run from the delivery of the last part (goods).

6.4 Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or goods of the order).

6.5 In the event of withdrawal from the purchase contract pursuant to § 1829 paragraph 1 of the Civil Code, the seller will return the received funds to the buyer within 14 days of receipt of the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller, or otherwise as agreed with the buyer.

6.6 The Buyer shall return to the Seller the goods, which must not be damaged, must not show signs of excessive use and must not be soiled or otherwise devalued. If possible, the buyer will also return the goods in the original packaging.

6.7 If there are several options for delivery of goods in the seller's offer, upon withdrawal from the contract and return of the goods by the buyer back to the seller, the buyer is always refunded the amount of postage according to the cheapest method of delivery according to the variant. This amount is then returned by the seller to the buyer, as opposed to the buyer's right to a refund of the purchase price.

6.8 The funds will be returned to the buyer in the same way as the seller received, unless otherwise agreed with the buyer.

6.9 If the order includes a gift from the seller, by withdrawing from the purchase contract, the buyer is not obliged to return the gift to the seller.

6.10 Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: info@mimifirenze.com. The seller immediately confirms the acceptance of withdrawal from the purchase agreement to the buyer.

6.11 To withdraw from the purchase contract, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The withdrawal form is sent to the buyer at the same time as the order confirmation and is also available for download separately at https://www.mimifirenze.com.

6.12 The seller is entitled to withdraw from the purchase contract until the moment of receipt of the goods by the buyer. It may do so in several cases, such as the sale of stocks, the interruption of the supply of goods from the manufacturer or supplier, or due to the unavailability of the goods and other cases arising from a third party.

6.13 In the event of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via e-mail address, telephone or other communication channel. All funds received, including shipping costs from the buyer, will be returned by the seller in the same way, or in a different way specified by the buyer.

7. Defective performance rights

7.1 Rights from defective performance are governed by the provisions of § 1914 to 1925, § 2099 to § 2117, then § 2161 to § 2174 of Act No. 89/2012 Coll., Civil Code, as amended, and further by Act No. 634/1992 Coll., On consumer protection.

7.2 The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the thing,

• the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
• the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
• the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the thing in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.

7.3 If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt.

7.4 If the nature of the goods or services so permits, the buyer has the right to inspect or demonstrate the function of the product.

7.5 If the buyer did not report the defect without undue delay after he was able to find it out in a timely inspection and with sufficient care, the court will not grant him the right to defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could find it with sufficient care, but no later than two years after delivery of the item.

7.6 If there is a defect in the goods for which the goods cannot be used in the usual way, the buyer may exercise the right of defective performance ("complaint") from the seller and demand:

• elimination of a defect by delivery of a new item without a defect or by delivery of a missing defect
• a reasonable discount from the purchase price,
• elimination of the defect by repairing the thing
• withdrawal from the contract.

7.7 The buyer is entitled to withdraw from the purchase contract if the goods:

• shows a substantial defect which makes it impossible to use it in the usual way,
• if the goods cannot be used due to recurring defects as well as defects / defects after the repair,
• with a larger number of defects (3 or more defects).

7.8 The Buyer shall inform the Seller in writing of the right he has chosen when notifying the defect, or without undue delay after notifying the Seller of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.

7.9 Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may supply what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.

7.10 The buyer may not exercise the right from defective performance if he knew about the defect at the time of acceptance or caused it himself.

7.11 The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature and type of goods allow it.

7.12 The Seller shall notify the Buyer in writing of the result of the complaint.

7.13 The Buyer is entitled to exercise the right to a defect that occurs in the goods within twenty-four (24) months from receipt of the goods. However, in the case of goods with an expiry date, the period shall be reduced to the expiry date indicated on the packaging.

7.14 If the buyer does not report the defect in time, he loses the right to withdraw from the contract.

8. Out - of - court settlement of a dispute

8.1 Mutual disputes between the seller and the buyer are resolved by ordinary courts.

8.2 Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, the buyer has the right to out-of-court settlement of a consumer dispute arising from the purchase contract. The entity authorized to resolve out-of-court disputes is the Czech Trade Inspection Authority (abbreviated as CTIA) at the address Štěpánská 567/15, 120 00, Prague 2 - Nové Město. How to proceed in the case of out-of-court settlement of consumer disputes, including the possibility of a proposal, can be found on the websites https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.

8.3 Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Center Czech Republic (abbreviated ESC CR). The contact address of ESC ČR is Štěpánská 567/15, 120 00 Prague 2 - Nové Město. Advice and information on individual markets, including a platform for resolving out-of-court consumer disputes, can be found at https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.

9. Final Provisions

9.1 The agreements arising from these terms and conditions and the purchase contracts concluded between them between the buyer and the seller, in the case of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the rights of the buyer under Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).

9.2 In the event of force majeure or any other outage of the online store, the seller is not responsible for the impossibility of executing the order.

9.3 Deviating agreements can be agreed in the purchase contract, which then take precedence over the provisions of these terms and conditions.

9.4 The Seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect the right and obligation, according to the previous version of the general conditions.

These terms and conditions take effect on 30.06.2021.

10. Complaints Procedure

10.1 These Complaints Rules are an integral part of the general terms and conditions of the online store https://www.mimifirenze.com, and define the basic conditions and method of claiming defects of goods by the buyer.

This complaint procedure is based on the provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On consumer protection. This complaint procedure defines the relationship between the seller and the buyer - a natural person, a non-entrepreneur who enters into a contract exclusively outside the scope of his business activities or independent performance of a profession.

10.2 The buyer is obliged to get acquainted with the general terms and conditions and the complaint procedure before ordering the goods, but the buyer will get acquainted with them before sending the order in the online store https://www.mimifirenze.com, if you agree to understand and acquaint them the buyer will confirm with them by checking the appropriate box when creating the order itself. It is not possible to send the buyer's order without checking this box. The Seller / Operator of the website https://www.mimifirenze.com registers the Buyers' orders, it also registers the ticking of the specified field.

10.3 The conclusion of the purchase contract and the acceptance of the goods by the buyer is considered consent to the complaint procedure and business conditions.

10.4 The buyer is obliged to prove the purchase of goods in the online store https://www.mimifirenze.com, especially by a tax document issued by the seller.

10.5 In order to speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.

10.6 If the order is divided, or contains several parts (or goods), which are delivered at intervals, the period for withdrawal from the purchase contract begins to run from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or goods of the order).

10.7 The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the thing,

• the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
• the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
• the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the thing in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.

10.8 If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.

10.9 The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature of the goods allows it. The address for receiving complaints about goods is: sales@mimifirenze.com.

10.10 The Seller shall notify the Buyer in writing of the receipt of the goods for complaint and of the result of the complaint.

10.11 These Complaints Rules govern the claim for defects that occur in the goods within twenty-four (24) months of receipt, or under a quality guarantee (for example, extended warranty).

10.12 These Complaints Rules do not regulate goods with the stated expiration date in the sense of provision No. 10.15 of these conditions.

10.13 If the seller does not eliminate the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price or may withdraw from the purchase contract.

10.14 The Buyer may file a complaint and, at its option, request settlement in accordance with the points in paragraph 6.6 of the Seller's Business Conditions.

10.15 The Buyer is entitled to exercise the right to a defect that occurs in the goods within twenty-four (24) months from receipt. However, if they are not goods with the stated use-by date, in that case the period shall be reduced to the use-by date indicated on the packaging.

10.16 If the Buyer so requests, the Seller shall confirm to him in writing the extent and duration of his obligations in the event of defective performance. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist.

10.17 If necessary, the Seller shall explain in a comprehensible manner in the confirmation the content, scope, conditions and duration of its liability and the manner in which the rights arising therefrom may be exercised. In the confirmation, the seller shall also state that other rights of the buyer, which are related to the purchase of the item, are not affected.

Failure to comply with these obligations is without prejudice to the validity of the certificate.

This complaint procedure takes effect on June 30, 2021

Delivery address for sending a withdrawal from the contract: sales@mimifirenze.com.

EET

EET According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest.