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GENERAL BUSINESS TERMS AND CONDITIONS

1. INTRODUCTION

The following General Business Terms and Conditions (hereinafter as “General Business Terms and Conditions”) regulate the relationships of parties to a purchase agreement entered into by and between ROMVEL, s.r.o. (hereinafter as “Seller”), Co. Reg. No. 64049442, VAT Reg. No. CZ64049442, with its registered office at Dr. Milady Horákové 561/86a, Liberec VII-Horní Růžodol, PSČ 46007, registered in the Commercial Register with the Municipal Court in Ústí nad Labem, Section C, File No. 9693 and the purchaser (hereinafter as “Purchaser”). Purchaser is a consumer or an entrepreneur.

1.2. By placing the order, the Purchaser acknowledges having been familiarized with these General Business Terms and Conditions and expressly agreeing with them prior to entering into the agreement.

1.3. The Seller informs the Purchaser that the products are exclusively determined to be used in households or in facilities accommodating people unless otherwise stated in the purchase agreement. The Seller is not responsible for damage caused by excessive loading or using the products for other purposes than those listed above. The Seller is not responsible for defects caused by using the products contrary to the manufacturer’s instructions and documents available to the Purchaser on the website www.nimco.cz.

1.4. Copyright protection. In case of copying the pictures, it is necessary to obtain the consent of the person or company ROMVEL, s.r.o., to which the copyright belongs. Further propagation and public presentation are subject to the consent of the author.

1.5. Wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the validity of the previous version of the General Business Terms and Conditions.

2. PURCHASE CONCLUSION

2.1. The Purchaser’s online order is considered a draft of purchase agreement. The order shall be duly completed with all prescribed data and requirements including the place of delivery. Ownership of the goods passes to the Purchaser after the receipt and payment.

2.2. The purchase agreement is concluded at the time of delivery of a binding order confirmation by the Seller (by phone or e-mail). From this moment, rights and obligations arise between the Seller and the Purchaser.

2.3. The Purchaser agrees with the use of distance means of communication when concluding the purchase agreement. The costs incurred by the Purchaser in the use of distance means of communication in connection with the conclusion of purchase agreement (costs of internet connection, costs of phone calls) shall be paid by the Purchaser and these costs do not differ from the basic tariff.

2.4. The order can be cancelled before it is processed by sending an e-mail to objednavky@nimco.cz or by phone call at 485 107 441 or 773 669 955.

2.5. For ordering the goods, the Purchaser fills in the order form in the web interface of the store. The order form contains the information about the ordered goods, number of pieces and the price in electronic shopping basket, invoicing and delivery data, method of delivery and payment of the purchase price of the goods. Before the final order confirmation to the Seller, the Purchaser is allowed to check and change the data he entered to the order. After this check, the Purchaser sends the binding order to the Seller by clicking on the button “Send”. The data in the order are considered by the Seller as correct.

3. PRICES

3.1. The prices in the online store www.nimco.cz are given inclusive of value added tax (hereinafter as the “Price”). The Price is always related to the displayed product and it does not include any decorative objects. The Prices can be changed without prior notice.

3.2. The Price for individual products does not include transport and packing costs. The Purchaser is obliged to pay the Price and costs related to packaging and delivery of the goods of agreed amount to the Seller. Unless stated otherwise, the Purchase Price is then understood as the Price including the costs related to the delivery of goods.

3.3. While filling the order form, the Purchaser chooses the preferred method of payment and delivery.

3.4. Special price offers are valid while stock lasts or for a specified time period. Any price discounts provided to the Purchaser cannot be combined with each other.

3.5. The Purchaser acknowledges that there may be cases when the purchase agreement is not concluded between the Seller and the Purchaser especially in the case the Purchaser orders the goods at a price published in error due to the error in information system. In such case the Purchasers will be informed about this fact.

4. PAYMENT TERMS

4.1. The goods can be paid as follows:

a) By card / cash – at personal pick-up at NIMCO store, Dr. Milady Horákové 561/86a, Liberec VII.

b) By card online – after placing an order, the Purchaser will be redirected to a web interface where it is possible to pay online by card that is enabled for use on the internet. Transactions are encrypted and secure.

c) Cash on delivery – while accepting the order by the carrier.  The price of cash on delivery is 30,- CZK without VAT for the Czech Republic.

d) By bank transfer in advance – after placing an order, the Purchaser receives an e-mail with bank account number and variable symbol. The shipment will be sent to the Purchaser immediately after crediting the Purchase Price to the Seller’s account, registered at Česká spořitelna for the Czech Republic and ČSOB for other countries.

4.2. The Seller is the VAT registered company. The tax document – invoice will be issued by the Seller and sent to the Purchaser together with the shipment or it will be sent electronically to an e-mail address of the Purchaser after the payment of the Purchase Price is received.

5. DELIVERY OPTIONS

5.1. The goods can be delivered as follows:

a) Personal Pick-up – The goods will be handed over to the Purchaser at NIMCO store, Dr. Milady Horákové 561/86a, Liberec VII. The personal pick-up is free of charge.

b) Mail order service – The goods will be sent by a transport company to the Purchaser’s address stated in the order form. The available goods are commonly sent within 24 hours. Postage and packing is: 95,- CZK without VAT (Czech Republic).

In case of a purchase exceeding 699,- CZK with VAT, the postage and packing is FREE of charge within the Czech Republic.

c) Purchaser’s own way of transport – In case the way of transport is arranged based on the specific requirement of the Purchaser, the Purchaser bears the full risk and any other costs associated with this way of transport.

6. DELIVERY

6.1. The goods which are on stock will be sent to the Purchaser within 2 business days from the date of order confirmation. If the Purchaser chooses to pay by bank transfer, the goods will be sent after crediting the full Purchase Price to the bank account of the company Romvel, s.r.o. registered at Česká spořitelna for the Czech Republic, ČSOB for other countries. If the Purchaser pays in cash or by credit card at the personal pick-up, they will wait for the information by phone or e-mail about the possibility of picking up the goods. 

6.2. The Seller is entitled to deliver the goods prior to the period specified in the purchase agreement based on the notification of the early date of delivery to the Purchaser.  

6.3. Currently offered transport options, goods delivery options including an overview of delivery prices can be found at https://www.nimco.cz or in paragraph 5.

6.4. In case the goods need to be delivered repeatedly or by other method than specified in the order due to the reasons at the Purchaser side, the Purchaser is obliged to pay the costs associated with the repeated delivery, event. costs associated with another method of delivery.

7. TAKING DELIVERY

7.1. Upon taking delivery of goods, the Purchaser is obliged to check the intactness of the package in the presence of a transport company driver. In case the damage of the consignment is noticed, the Purchaser is obliged to draw up a report with the transport company driver on the damage of the consignment and not to accept the consignment. The Purchaser is obliged to inform the Seller about this fact the same day. The Seller then chooses the appropriate method of the fastest delivery and they make every effort to deliver the new shipment in time.

7.2. The Purchaser is obliged to check the quality and quantity of the delivered goods with the utmost care so that the goods will not get damaged or lost. It is necessary to check the goods within 24 hours after taking delivery. The Purchaser shall immediately report any possible discrepancies to the Seller. In case of a failure to comply with the instructions above mentioned, the Purchaser does not lay claim to any defects, quantitative nor qualitative, of the goods having arisen during the transport.

8. RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE

8.1. Right arising from defective performance are governed by Act No. 89/2012 Coll., The Civil Code, as amended. The Purchaser is entitled to exercise the right of defect that occurs in consumer goods within 24 months from the date of receipt, unless a longer period is specified by the Seller. The warranty period begins on the date of delivery of goods to the Purchaser or the date of sale to the end user.

8.2. The warranty does not cover wear and tear caused by common use, improper treatment with abrasive cleaning detergents, improper handling or intentional damage. The common color difference of materials such as wood or ceramics is not considered as a defect. With goods sold at a lower price, the Seller is not liable for the defect for which the price was reduced.

8.3. The Seller reserves the right to make minor technical changes to the goods sold by Romvel, s.r.o., bathroom brand NIMCO.

8.4. If the defect occurs within 6 months from the date of receipt, the goods are considered to be defective at the time of receipt, if the defect is not clearly caused by the Purchaser.

8.5. The rights arising from defective performance are exercised by the Purchaser to the Seller at the address of the place of business. The day when the Seller receives the defective goods is considered to be the moment of making a complaint.

8.6. Other rights and obligations of the parties related to the Seller’s liability for defects are regulated by the Warranty Terms.

9. WITHDRAWAL FROM THE PURCHASE AGREEMENT

9.1. In case of concluding the agreement by means of distance communication, the Purchaser has the right to withdraw from the agreement within 14 days from the date of receipt in accordance with §1829 et seq. of the Civil Code. In such case the Purchaser contacts the Seller in written form with the information regarding the agreement withdrawal, stating the number of order, date of purchase and account number for the refund.

9.2. The Purchaser is obliged to return the goods purchased from the Seller, without undue delay no later than 14 days after the withdrawal from the agreement.  Returned goods cannot be sent cash on delivery. The Seller reserves the right not to accept such goods. Written withdrawal from the agreement can be also sent together with the returned goods to the Seller’s address. Romvel, s.r.o., Dr. Milady Horákové 561/86a, 46001, Liberec VII.

9.3. The goods must be returned in full, including all delivered accessories, in condition and value in which the Purchaser received the goods. Returned goods must be clean, intact and undamaged (including original undamaged packaging). The goods must not show any signs of use. The Purchaser is obliged to send the goods intact in another packaging suitable for transport so that the transport does not damage the goods or original packaging. Tax document must be attached to the shipment.

9.4. The financial amount will be refunded within 30 days after withdrawal from the agreement. The financial amount (amount stated in the invoice – the Purchase Price) shall be refunded by the Seller only after the Purchaser proves the return of the goods.

9.5. In case of withdrawal from the agreement by the Purchaser who was provided with the gift together with the goods, the gift agreement between the Seller and the Purchaser is concluded on the condition that the Purchaser is obliged to return the provided gift together with the goods.

9.6. Costs related to the return of the goods to the Seller are borne by the Purchaser.

9.7. In case the goods are damaged, the Seller may offset the damage according to §1837 et seq. of the Civil Code, of which the Seller will inform the Purchaser.

9.8. The Seller reserves the right to withdraw from the agreement within 24 hours in case the goods are no longer produced, delivered or the price has changed significantly or when stock supply is exhausted. The seller may also withdraw from the agreement in case they consider an order as an order following dishonest business plan, an order contrary to good manners or in case of an error in the online system of e-shop.  If the Purchaser already made a payment by bank transfer, the full amount will be refunded to their account or address.

10. PROTECTION OF PERSONAL DATA

10.1. When processing personal data, the Seller is obliged to comply with Regulation of the European Parliament and Council of the European Union 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive), the Personal Data Protection Act No. 101/2000 Coll., Act No. 480/2004 Coll. on certain Information Society Services, Act No. 563/1991 Coll. on Accounting, as amended, Act No. 89/2012 Coll., Civil Code, Act No. 634/1992 Coll., on Consumer Protection or in accordance with other legal regulations.

10.2. The Seller undertakes to make every effort to secure all personal data.

10.3. Personal data are provided by the Purchaser voluntarily for the purpose of fulfilling the order. Personal data is collected, processed and stored in accordance with effective laws of the Czech Republic.

10.4. According to Personal Data Protection Act, The Purchaser has the right to withdraw the consent at any time, request the information on what personal data the Seller process, request access to this data from the Seller and have it updated or corrected, request deletion of this personal data.

10.5. The Purchaser agrees with storing “cookies” on their computer.  The users have the option to refuse “cookies” or similar tools to be inserted to their end devices, e.g. by running the functionality of anonymous browsing in their browser.

11. WARRANTY TERMS

The warranty terms for the goods are governed by the warranty procedure by the company ROMVEL and relevant legal regulations of the Czech Republic. The proof of purchase usually serves as the warranty document.

12. FINAL PROVISIONS

12.1. Relationships and any potential disputes that may arise on the basis of the agreement will be resolved in accordance with the law of the Czech Republic and by the relevant courts of the Czech Republic.

12.2. The agreement is concluded in Czech language. 

 

PROCESSING OF PERSONAL DATA

 

1.       IDENTITY AND CONTACT DETAILS OF THE ADMINISTRATOR

1.1.  The administrator of your personal data is the company ROMVEL, s.r.o., registered at: Dr. Milady Horákové 561/86a, Liberec 460 07, identification number 64049442, registered at the Commercial Register kept by Regional Court in Ústí nad Labem, Section C, Insert 9696 (hereinafter referred as the “Administrator”).

1.2. The Administrator’s contact details are as follows; postal address: Dr. Milady Horákové 561/86a, Liberec 460 07, electronic address: nimco@nimco.cz, phone: 485 107 441.

1.3. The Administrator did not appoint a representative for personal data protection.

2.       LAWFUL REASON FOR PERSONAL DATA PROCESSING

2.1. The lawful reason for processing your personal data is the fact that such processing is necessary for the fulfillment of the agreement between you and the Administrator or for taking measures by the Administrator before concluding such agreement within the meaning of Article 6 paragraph 1 point (b) Regulation of the European Parliament and Council of the European Union 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive) (hereinafter as the Regulation).

3.       PURPOSE OF PERSONAL DATA PROCESSING

3.1. The purpose of personal data processing is to fulfill the agreement between you and the Administrator or to take the measures by the Administrator before concluding the agreement.

3.2. There is no automatic individual decision made by the Administrator within the meaning of Article 22 of the Regulation.

4.       DURATION OF PERSOAL DATA STORING

4.1. Your personal data will be processed for the duration of the effects of rights and obligations under the agreement as well as for the period necessary for archiving purposes in accordance with the relevant generally binding legal regulations but no longer than for period specified by generally binding legal regulations.

5.       OTHER PERSONAL DATA RECIPIENTS

5.1. Other recipients of your personal data will be transport companies and other persons involved in delivery of goods or implementation of payment based on the purchase agreement. 

5.2. The Administrator does not intend to transfer your personal data to a third country (to a country outside the EU) or to an international company.

6.       DATA SUBJECT RIGHTS

6.1. Under the conditions set by the Regulation, you have the right to request access to your personal data from the Administrator, to correct or delete your personal data or restrict their processing, to raise an objection to the processing of your personal data, and the right to portability of your personal data.

6.2. If you believe that the processing of your personal data is being violated or the Regulation is being violated, you have among other things the right to lodge a complaint with a supervisory authority.

6.3. You are not obliged to provide your personal data. Providing personal data is a necessary requirement for the conclusion and fulfillment of the agreement and without providing your personal data, it is not possible to conclude the agreement or fulfill the agreement by the Administrator.

 

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