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General Terms and Conditions and Complaints Procedure of the E-Shop www.nimco.cz (in the following as “GTC”)

Company:                                ROMVEL, s.r.o.

Registered office:                     Dr. Milady Horákové 561/86a, Liberec VII-Horní Růžodol, 460 07 Liberec             Ref. no.:                              C 9693 kept by the Regional Court in Ústí nad Labem

Business ID:                             64049442

VAT:                                        CZ64049442

E-shop URL address:                http://www.nimco.cz

E-mail address:                         eshop@nimco.cz

tel.:                                          +420 485 107 441

 

Banc connection for payments in CZK

Bank account:                          985222379/800             

IBAN:                                       CZ57 0300 0000 0002 5999 6601                                

SWIFT:                                     CEKOCZPP

1.         

1.1       These General Terms and Conditions (in the following as "GTC") of the seller named above (in the following as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (in the following as "Civil Code"), the mutual rights and obligations of the parties arising from or in connection with a purchase contract (in the following as "Purchase Contract") concluded between the Seller and another person (in the following as "Buyer"), including the Seller's online shop. The Seller operates the online shop at the URL of the e-shop indicated in the header, through the interface of the website (in the following as "website interface of the shop").

1.2       Provisions deviating from the GTC may be agreed upon in the Purchase Contract. The deviating provisions in the Purchase Contract shall prevail over the provisions of the GTC.

1.3       The Purchase Contract and the GTC are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.4       The Seller may change or supplement the wording of the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous GTC version.

1.5       The GTC provisions form an integral part of the Purchase Contract. By sending the order, the Buyer confirms that before concluding the Purchase Contract, it has read these GTC, as well as the Seller's Complaints Procedure and the Personal Data Processing Policy, which form a part thereof, and that it agrees to them without reservation, in the version valid and effective at the moment of sending the order.

1.6       These GTC are furthermore in accordance with Act No. 634/1992 Coll. on Consumer Protection, as amended, and in accordance with the provisions of Art. 13 of Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (in the following as “GDPR”).

 

2.        USER ACCOUNT

2.1       Based on the Buyer's registration made on the website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can place orders for goods (in the following as “User Account”). If the website interface of the shop allows it, the Buyer can also order goods without registration directly from the website interface of the shop.

2.2       Upon registration on the website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the Seller.

2.3       Access to the User Account is secured by a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her User Account.

2.4       The Buyer is not entitled to allow third parties to use the User Account.

2.5       The Seller may terminate the User Account, particularly if the Buyer has not used it for more than five (5) years or if the Buyer breaches its obligations under the Purchase Contract (including the GTC).

2.6       The Buyer acknowledges that the User Account may not be available continuously, particularly regarding necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third-party hardware and software equipment.

 

3.        CONCLUSION OF THE PURCHASE CONTRACT

3.1       All presentation of the goods on the website interface of the shop is informative, and the Seller is not obliged to conclude a purchase contract for these goods. Section 1732(2) of the Civil Code shall not apply.

3.2       The website interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax, the recycling allowance for the take-back, processing, recovery, and disposal of the waste product, and all related charges. The prices of the goods remain valid for as long as they are displayed in the website interface of the shop. This provision does not limit the Seller's ability to conclude a purchase contract on individually agreed terms.

3.3       The website interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.

3.4       To order goods, the Buyer shall fill in the order form in the website interface of the shop. The order form contains in particular information on:

a)     the goods to be ordered (the goods to be ordered are “put” by the Buyer into the electronic shopping cart of the website interface of the shop),

b)     the method of payment of the purchase price of the goods and the costs associated with the payment of the purchase price,

c)     details of the required method of goods delivery of the goods and the costs associated with goods delivery (in the following collectively as “Order”).

3.5       The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, whereby these costs shall not differ from the basic rate.

3.6       The subject of the Purchase Contract is the goods specified in the binding order confirmation from the Seller, which concludes the Purchase Contract (in the following as “Goods”). The assembly or installation of the goods is not the subject of the Contract or part of the purchase price. No assembly or installation of the delivered Goods is provided. The information about the Goods available on the Seller's website is given according to the currently available data and information. The information about the Goods, including the purchase price, at the time the Buyer delivers the order to the Seller is considered as decisive. Displayed complements and accessories are not part of the purchased Goods, unless explicitly stated otherwise in the description of the goods.

3.7       Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone).

3.8       The contractual relationship between the Seller and the Buyer arises upon acceptance of the Order by the Seller.

3.9       Additional changes and supplements to an Order already made by the Buyer must be made via e-mail as indicated in the header or via telephone, but such changes and supplements are only effective for the Seller upon its approval.

3.10    If the website interface of the shop allows it, the Buyer shall place the Order through the website interface of the shop, via e-mail, or telephone.

3.11    Neither the door-delivery nor the assembly of the Goods is the subject of the Contract or part of the purchase price.

3.12    If the Buyer purchases the goods in connection with its business activity or independent practice of its profession, the Buyer acknowledges that the Seller has the right to unilaterally withdraw from the Purchase Contract before the Goods are delivered to the Buyer.

 

4.        Payment Terms

4.1       The Goods will be delivered to the Buyer only after full payment of the purchase price and the price for shipping and payment (in the following as “Shipping Fee”) in accordance with these GTC.

4.2       The Buyer may pay the purchase price and the Shipping Fee:

a)     cash on delivery upon receipt of the Goods from the shipping service

b)     with credit card

c)     through bank transfer to the account specified in the header of these GTC

d)     with credit card or with cash on personal pick-up at the Seller's premises

4.3       Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the Goods.

4.4       In the case of payment by cash on delivery or personal pick-up at the Seller's premises, the purchase price is payable upon receipt of the Goods. In the case of cashless payment, the purchase price is due within seven (7) days of the conclusion of the Purchase Contract. The Buyer's obligation to pay the purchase price is fulfilled when crediting the relevant amount to the Seller's account. In the event of default by the Buyer in such payment of the purchase price, the Seller shall be entitled to withdraw from the Purchase Contract.

4.5       In the case of cashless payment via bank transfer, the Buyer is obliged to pay the purchase price of the Goods together, stating the payment reference number.

4.6       The Seller is a payer of value added tax. The tax document – invoice shall be issued by the Seller to the Buyer after paying the Goods price.

4.7       The ownership right of the Goods passes to the Buyer upon full payment of the purchase price. The Seller is entitled to require a deposit up to the full amount of the purchase price. The Buyer is entitled to receive the Goods only after payment of the full purchase price. The Buyer is obliged to present the proof of purchase upon the receipt of the Goods. 

 

5.        Delivery Date, Shipping, Shipping Fee

5.1       The place of delivery of the goods is the delivery address specified by the Buyer in the order unless the Seller and the Buyer subsequently agree otherwise.

5.2       The Seller delivers the goods only within the territory of the Czech Republic, the Slovak Republic, Germany, France, Lithuania, and Slovenia.

5.3       The Goods will be delivered to the Buyer no later than thirty (30) working days unless a shorter period is indicated on the product card in the e-shop or justified cases, it may take longer (e.g. modifications of the Goods on the customer's request).

5.4       The delivery period is calculated from the date of payment of the full purchase price to the Seller, except for payment on delivery and in the shop upon receipt of the Goods.

5.5       The price for shipping the Goods to the delivery address specified by the Buyer within the above-mentioned countries shall be made according to the conditions set out below in Annex 2 hereto.

5.6       Goods are delivered to the delivery address specified in the order at the first front door or exterior gate if conditions permit. In the case of negotiated door-delivery, it is delivered directly to the Buyer's home.

5.7       Partial deliveries are permissible unless expressly agreed otherwise. 

5.8       In justified cases, physical cooperation of the Buyer may be required during unloading, in particular, but not exclusively, if the vehicle transporting the Goods cannot come within 10 metres of the first front door.

5.9       The Buyer is obliged to make available an access road to the agreed place of delivery and collection of the Goods within the agreed time. If the Buyer thwarts the delivery of the Goods, any further attempt to deliver the Goods may be charged with an amount of up to CZK 200. In such a case, the Buyer is obliged to pay this amount to the Seller before the next attempted delivery or pick up the Goods in person at the Seller's premises at the Buyer's expense, see below.

5.10    If the transport method is agreed on the basis of the Buyer's special request, the Buyer bears the full risk and any additional costs associated with this transport method.

5.11    The Buyer is obliged to inspect the Goods properly upon receipt from the carrier. If, upon delivery of the Goods by the carrier, the Buyer discovers damage to the consignment which it believes to have been caused during transportation, or if the number of packages actually delivered does not correspond to the number of packages shown on the carrier's transport note, the following procedure is recommended to the Buyer regarding such a claim. The Buyer shall indicate the defects or an incorrect number of packages as a reservation on the carrier's transport note and send it by electronic mail to the Seller without undue delay, not later than three (3) business days from the date the consignment was delivered to the Buyer. The Buyer should preferably not manipulate with the consignment in any way and should ensure that the packaging in which the parcel was delivered is preserved. At the same time, the Buyer shall send photo documentation of the damaged Goods, packaging, and the carrier's protocol.

5.12    The personal pick-up service is free of charge. It is possible to pick up the ordered Goods at the Seller's premises.

5.13    During personal pick up, the Seller is entitled to verify the identity of the Buyer.

5.14    In case of choosing the above described personal pick-up, the Buyer shall pick up the Goods within ten (10) working days from the date of concluding the Purchase Contract. If the Buyer is delayed in picking up the Goods, the Seller shall be entitled to withdraw from the Purchase Contract.

5.15    The Seller reserves the right to unilaterally change the carrier chosen by the Buyer if this is to the Buyer's advantage in view of the current carrier load or the nature of the shipment. If such a change occurs, the Buyer shall not be charged for the more expensive transport method and shall only be obliged to pay the Seller the originally agreed price for the Goods transport.

5.16    If the Buyer purchases the Goods in connection with its business or in the course of its independent profession, the following provisions herein shall still apply.

5.17    Delivery times shall be extended if the Seller is temporarily or permanently prevented from the performance by force majeure, such as an extraordinary, unforeseeable and unavoidable obstacle arising independently its will. This shall also apply if such circumstances arise in the case of the Seller's suppliers and subcontractors or if the Seller's own operational downtime is involved. The above also applies to circumstances that would prevent the Seller from performing the obligations to the Buyer if the above conditions were met,

If the full purchase price is not paid within fourteen (14) days of the Order confirmation or the agreed due date, the Seller may unilaterally withdraw from the Purchase Contract.

 

6.        WITHDRAWAL FROM THE PURCHASE CONTRACT

6.1       The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Buyer cannot withdraw from, inter alia, a purchase contract for the delivery of Goods that have been modified according to the Buyer's wishes or for a person on the Buyer's side, from a purchase contract for the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after the delivery, from a purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygienic reasons.

6.2       Unless it is the case referred to in the preceding paragraph or any other case in which the Purchase Contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of Goods. The withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which is annexed hereto. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or the Seller's e-mail address.

6.3       In the event of withdrawal from the Purchase Contract pursuant to this Article of the GTC, the Purchase Contract shall be cancelled from the beginning. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the Goods to the Seller, even if the Goods cannot be returned due to their nature by the usual postal route.

6.4       In the event of withdrawal from the Purchase Contract pursuant to this Article of the GTC, the Seller shall return the financial means received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer unless otherwise agreed with the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon the return of the Goods by the Buyer or in any other means, provided that the Buyer agrees to this, and no additional costs are incurred to the Buyer. If the Buyer withdraws from the Purchase Contract, the seller is not obliged to return the received financial means to the Buyer before the Buyer returns the Goods to it or proves that the Goods were sent to the Seller.

6.5       The Buyer acknowledges that the Seller is entitled to unilaterally set off the claim for payment for damage to the returned Goods against the Buyer's claim to reimburse the purchase price.

6.6       Together with the purchase price, the Seller shall refund the Buyer the shipping costs for the delivery of the Goods in the amount of the cheapest means of transport listed on the Seller's e-shop on the date of the Order. If the Buyer withdraws from the contract, it shall be borne the costs of transport of the Goods and is not entitled to claim their reimbursement from the Seller.

6.7       In all cases of withdrawal pursuant to this paragraph, the Buyer further expressly acknowledges that payments for assembly or door-delivery are not part of the shipping fee and will not be reimbursed to the Buyer.

6.8       If a gift is given to the Buyer together with the Goods, the gift contract between the Seller and the Buyer shall be concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the gift contract shall cease to be effective in respect of such gift and the Buyer shall be obliged to return the gift to the Seller together with the Goods.

6.9       If the Buyer purchases the Goods in connection with its business activity or in the course of its independent exercise of its profession, the provisions herein shall not apply (i.e. in such a case, the Buyer shall not have the right of withdrawal hereunder).

 

7.        RIGHTS OF DEFECTIVE PERFORMANCE (Complaints Procedure)

7.1       The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2       The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that, at the time, the Buyer took over the Goods:

1.1.1.     the Goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the Goods and on the basis of the advertising carried out by them,

1.1.2.     the Goods are suitable for the purpose for which the Seller states they are to be used or for which Goods of this kind are usually used,

1.1.3.     the Goods correspond in quality or execution to the agreed sample or specimen if the quality or execution was determined according to an agreed sample or specimen,

1.1.4.     the goods are in the appropriate quantity, measure or weight; and

1.1.5.     the Goods comply with the requirements of the legal regulations.

7.3       The provisions set out in this Article shall not apply to Goods in particular when:

a)     the defect was present at the time of acceptance, and a discount on the purchase price is agreed for such defect,

b)     the defect is caused by the Buyer and has been caused by improper use, storage, improper maintenance, interference by the Buyer or mechanical damage,

c)     the defect was caused by an external event beyond the Seller's control,

d)     it is normal wear and tear caused by the use of the Goods and not a defect,

e)     the utility and aesthetic values of the Goods have been prematurely exhausted by negligent use

f)      these are natural characteristics of the natural materials and not a defect (a defect in the Goods does not mean a normal colour or structural difference in natural or textile materials, painted or oiled surfaces, typical characteristics of wood or bamboo, including odour).

g)     the defect does not appear on the Goods even after a thorough professional examination.

7.4       If the defect manifests itself within six (6) months of the receipt, the Goods shall be deemed to have been defective upon receipt.

7.5       In the case of glass and ceramic products, it is not a defect if the colour shade differs from the samples displayed in the shop or from the printed pictures. Minor drawings, irregularities, and small dots in the glass surface (in the case of glassware) or the glaze (in the case of ceramic products) are not considered defects.

7.6       The Goods are also not defective if individual pieces of the same ceramic ware differ slightly in shape within a tolerance of 2 % of the stated dimensions.

7.7       The Seller has obligations arising from defective performance, at least to the extent of the effective manufacturer's obligations arising from defective performance. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer Goods within twenty-four (24) months of receipt. If a period for which the Goods may be used is indicated on the purchased Goods, their packaging, in the instructions accompanying the Goods, or in advertising in accordance with other legislation, the provisions on the guarantee of quality shall apply. By guaranteeing the quality, the Seller undertakes that the Goods will be suitable for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightly alleged the defect in the Goods to the Seller, the period for exercising rights under the defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective Goods.

7.8       The provisions referred to hereinbefore shall not apply in the case of Goods sold at a lower price due to a defect for which the lower price was agreed, due to wear and tear caused by normal use of the Goods, in the case of second-hand Goods due to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Buyer, or if this results from the nature of the Goods. The Buyer is not entitled to the right of defective performance if the Buyer knew before taking over the Goods that the Goods were defective or if the Buyer caused the defect.

7.9       The rights of liability for defects in the Goods shall be exercised with the Seller. However, if the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated to carry out the repair, who is in the place of the Seller or a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to repair. Except in cases where another person is designated to repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when and how the Buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to repair.

7.10    The Buyer shall inform the Seller of the right chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the Seller's consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.

7.11    If the Goods do not have the characteristics set out herein, the Buyer may also demand the delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the Goods, the Buyer may only demand the replacement of the part; if this is not possible, the Buyer may withdraw from the Contract. If, however, this is disproportionate in view of the nature of the defect, in particular, if the defect can be remedied without undue delay, the Buyer is entitled to have the defect remedied free of charge. The Buyer is also entitled to the delivery of new Goods or the replacement of a part in the case of a removable defect if the Buyer cannot use the Goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Buyer also has the right to withdraw from the Contract. If the Buyer does not withdraw from the Contract or does not exercise the right to deliver new Goods without defects, replace parts, or repair the Goods, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Seller fails to remedy the defect within a reasonable time or if it would cause the Buyer considerable difficulties to remedy the defect.

7.12    In the case of replacement of the Goods, the previous warranty or liability period shall continue to run, and no new period shall run.

7.13    Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising such right. However, if the right to compensation is not exercised within one (1) month after the expiry of the period within which the defect must be brought to the Seller's attention, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.

7.14    The Seller reserves the right to make minor technical changes to the Goods sold.

7.15    The Seller is obliged to decide on the complaint immediately, in more complex cases within three (3) working days. This time limit does not include the time required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within thirty (30) days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit shall be considered a material breach of the Contract. The condition for these time limits is that the Buyer has provided the Seller with the necessary cooperation to settle the complaint, i.e. in particular, that the Buyer has allowed the Seller to examine the Goods under complaint.

7.16    The Seller is obliged to confirm to the Buyer in writing the method of handling the claim and the duration of the claim.

7.17    The condition of the Goods which the Buyer seeks to have examined must meet basic hygiene standards to enable the examination of the condition and defect detection of the Goods. The Seller recommends that the Goods sent for complaint must be properly cleaned. If the condition of the Goods handed over to the Seller for the assessment of the validity of the claimed defects does not meet the elementary hygiene requirements necessary for the examination of their condition, such goods will be sent back to the Buyer.

7.18    The Buyer shall not be entitled to change the method of handling the complaint once chosen without the Seller's consent, except in situations where the method chosen by the Buyer cannot be implemented.

7.19    The Buyer is obliged to take the claimed Goods over within thirty (30) days from the date when the claim should have been settled at the latest, after which the Seller is entitled to charge a storage fee of CZK 10/day or to sell the Buyer's Goods. The Seller must notify the Buyer of this procedure in advance and give the Buyer a reasonable additional period to take the Goods over.

7.20    The Seller is not obliged to provide the Buyer with replacement Goods while processing the claim.

7.21    In addition to its statutory obligations, the Seller shall provide the Buyer with a quality guarantee of two (2) years, or one (1) year for used Goods, unless the warranty card or product card specifies a longer guarantee. Its application is governed by the above provisions of the GTC unless the warranty card or the Contract or the information on the product card states otherwise.

7.22    The Seller shall return to the Buyer the financial means received from the Buyer in the same manner as the Seller received them from the Buyer unless otherwise agreed with the Buyer.

7.23    The Buyer may file a claim with the Seller, in particular by letter, e-mail, or in person through any of the Seller's premises.

7.24    If the Buyer claims damaged Goods from a set (i.e. from several pieces in a package), it is usually sufficient to send only the damaged part to the Seller, not the whole set. This also applies if the product is made up of several parts and the Seller is only claiming one part. The Seller recommends sending the Goods preferably in the original packaging or otherwise suitably packaged. It is not possible to send the Goods to the Seller on delivery.

7.25    The Seller recommends that all Goods sent to the Seller for assessment of the validity of any claimed defects be packed securely and correctly to prevent damage during transportation to the Seller. The Seller shall not be liable for any defects arising from transportation from the Buyer to the Seller.

7.26    If the Buyer purchases the Goods in connection with its business activity or in the course of its independent practice of its profession, the time limit for the settlement of the complaint shall be ninety (90) days.

7.27    If the Buyer purchases the Goods in connection with its business activity, the Buyer expressly acknowledges that the Seller excludes liability for damages (except for damages caused to a person's natural rights or caused intentionally or through gross negligence) that may occur to the Buyer as a result of the concluded Purchase Contract with the Seller.

7.28    If the buyer purchases the Goods in connection with its business activity or independent profession, the Buyer is obliged to claim obvious defects in the Goods within twenty-four (24) hours of delivery. Otherwise, the defects in the Goods shall be deemed to have been approved, and the Buyer's subsequent claims shall not be taken into account.  In the case of delivery of the Goods by a shipping service, such Buyer is further obliged to control the condition of the consignment and, in the event of an apparent breach of the transport packaging, to write a note of the condition of the consignment with the shipping service and not to accept the consignment. If the Goods with damaged shipping packaging are still accepted by the Buyer, it is assumed that the Buyer has approved any defects in the delivered Goods, and any subsequent claims will not be taken into account.

8.        Costs of Claims and Dispute Resolution

8.1       If the claim is accepted as justified, the Buyer who does not purchase the Goods in connection with its business activity or independent profession shall be entitled to reimbursement of the costs reasonably incurred in exercising its right. The Seller does not provide replacement Goods for the duration of the claim.

8.2       In the event that the Seller rejects the claim as unjustified, the Buyer, or both parties - upon an agreement with the Seller, may contact a forensic expert in the field and request an independent professional assessment of the defect.

8.3       If no agreement is reached between the Buyer and the Seller, the Buyer may turn to an existing out-of-court settlement of consumer disputes or to the competent court. In such a case, the Buyer – consumer may contact an out-of-court dispute settlement authority, such as the Czech Trade Inspection. For more information on out-of-court dispute settlements, the Seller can visit the Czech Trade Inspection website: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/

8.4       Out-of-court settlement of consumer complaints is handled by the Seller via the electronic address listed in the header. The Seller sends information about the settlement of the Buyer's complaint to the Buyer's electronic address.

8.5       The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.6       The Czech Trade Inspection is competent to the settlement of consumer disputes, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Business ID: 000 20 869, internet address: http://www.coi.cz.

8.7       The Seller is authorised to sell Goods on the basis of a trade licence. Trade control is carried out by the competent trade licensing authority within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection supervises, inter alia, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

8.8       The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

8.9       If the Buyer purchases the Goods in connection with its business activity or its independent profession, the Buyer acknowledges that it is obliged to reimburse the Seller for the costs reasonably incurred by the Seller in connection with such claim being completely unsuccessful.

 

9.        Delivery

9.1       Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing, either by electronic mail, in person, or by registered mail through a postal service provider (according to the sender's option). The Buyer shall be sent mail at the e-mail address provided.

9.2       The message is delivered:

a)     in the case of delivery by electronic mail, at the moment of its receipt, if this receipt is confirmed electronically to the sender by the addressee

b)     in the case of delivery by hand or through a postal service provider, the message is delivered no later than the third working day after it is sent, including if the addressee (or a person authorised to receive the consignment on its behalf) refuses to accept the consignment.

c)     by SMS, at the moment of delivery of the recipient's confirmation of receipt of the message to the sender's phone

9.3       In addition to the above, the Seller is expressly entitled to perform acts related to the rights and obligations under the Purchase Contract by means of a voice telephone call with the Buyer, provided that the Buyer, in the case of each of them, expressly agrees to it.

 

10.    SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

10.1    The Buyer consents to the sending of information related to the Seller's Goods, services, or business to the Buyer's electronic address, SMS messages to the Buyer's telephone number, and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.

10.2    The Buyer agrees to the storage of cookies on its computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent according to the previous sentence at any time.

10.3    All materials published on the website interface are protected by copyright law. Products and services listed on the website interface, information about them, and their images may also be protected by other rights of the persons concerned (in particular manufacturers, distributors, and suppliers). The names and designations of products, services, companies, and firms may be registered trademarks of their respective owners. Any part of the website interface (in particular descriptions and illustrations of the products sold, the guide to selecting the appropriate product, the breakdown of product categories and parameters, advice and tips for customers) may not be copied electronically or mechanically and made available to the public without the prior written permission of the copyright holder. In particular, the free or paid use of photographs and texts placed on the website interface is prohibited.

 

11.    Assignment and Set-Off of Claims

11.1    The Buyer is not entitled to assign or pledge any claim against the Seller arising from this Contract to a third party without the prior written consent of the Seller.

11.2    The Buyer shall not be entitled to set off its claim against the Seller with the Seller's claim against the Buyer.

11.3    In the event that the Buyer does not purchase the Goods in connection with its business activity or independent profession, the provisions of this entire Article shall not apply.

 

12.    Agreement Termination

12.1    The Purchase Contract can only be terminated by completed performance, agreement of the parties, or withdrawal from the Contract.

12.2    In particular, the parties consider the following breaches of the Buyer's obligations to be a material breach of this Contract, which is grounds for termination of the Contract, if the Buyer acts in the course of concluding the Purchase Contract with regards to its business activity or independent profession:

a)     any delay by the Buyer in taking over the goods

b)     any delay by the buyer in paying the purchase price

 

13.    Processing of Personal Data

13.1    By entering into the Contract, the Data Subject hereby grants the Seller (in the following as "Company"), as the Data Controller, consent to the processing of its personal data under the conditions set out below. The Company takes care to protect your personal data in accordance with the legislation in force and effective as of 25 May 2018, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (in the following as "Regulation") and Act No. 101/2000 Coll.,)on the Protection of Personal Data and on Amendments to Certain Acts. The Company is the operator of the website at the address indicated in the header (in the following as "Portal"), through which it sells its Goods. The Policy applies to all personal data processed by the Company on the basis of the performance of a contractual relationship, legal obligation, legitimate interest or consent, through the above-mentioned Portal. The Policy describes how the Company uses and protects personal data. The data controller within the meaning of Article 4(7) of the Regulation is the Company named above in the header.

13.2    Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

13.3    The Buyer confirms that the personal data provided is accurate and that it has been informed that this is a voluntary provision of personal data.

13.4    The personal data that will be processed are name and surname, postal address, delivery address, billing address, company ID number, VAT number, e-mail address, and telephone contact. Within the complaints procedure, the following data is required from the customers: name, surname, address, telephone number, e-mail, and signature. All personal data thus obtained is processed solely for the purpose necessary to process the complaint.

13.5    The purpose of the processing of personal data is to sell Goods in the Seller's e-shop or at the Seller's premises, register in the Seller's e-shop, pre-contractual arrangements, manage the User Account, respond to inquiries in the inquiry form, provide customised advertisements, sponsored content and send promotional information to Data Subjects based on the Seller's legitimate interest.

13.6    The Buyer's personal data is processed in accordance with Article 6, paragraph 1, letter b) of the Regulation - the provision of personal data is a necessary requirement for the performance of the Contract or for the implementation of measures taken prior to the conclusion of the Contract at the request of the Data Subject. Without the provision of personal data, it is not possible to carry out pre-contractual arrangements, to conclude the Contract, or to perform it on the part of the company.

13.7    The processing of personal data is carried out by the Controller. However, personal data may also be processed for the Controller by the following processors: suppliers, consultants, carriers, and other service providers involved in the sale and delivery of Goods, handling of complaints and making payments, affiliated companies – companies owned or controlled by the company, law enforcement – upon a request from state authorities or in the protection of customers, or other providers of processing software, services and applications, which, however, are not currently used by the Controller.

13.8    With the prior express consent of the Data Subject, the Processor may record telephone calls and process recordings of telephone calls on the customer service line, in particular for the purpose of contract negotiations, proposals for changes to contractual arrangements, additional information to ensure the performance of the contract, improving the quality of services, the application of complaints, etc. Consent to the recording and processing of telephone calls is given by the Data Subject by continuing in the calls after the operator notifies the Data Subject that their call will be recorded. If the Data Subject does not wish to be recorded, the Subject is entitled to hang up and use another communication channel after being notified that the call is being recorded.

13.9    In accordance with the provisions of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection Regulation (in the following as “Regulation”), the Controller hereby informs that:

1)     the Data Subject's personal data will be processed on the basis of their free consent, under the conditions set out above,

2)     the reason for providing personal data of the Data Subject is, in addition to the above, the Data Subject's interest in receiving commercial offers from the Controller, which would not be possible without the provision of such data

3)     the processing of the Data Subject's personal data will not involve automated decision-making or profiling

4)     The Controller has not appointed a data protection officer or designated a representative to carry out its obligations under the Regulation

5)     The Controller does not intend to transfer the Data Subject's personal data to a third country, an international organisation, or to third parties other than those mentioned above,

6)     The Data Subject has the right to obtain information as to whether their data is being processed; the right to rectification of personal data; the right to request; the right to restriction of processing of personal data; the right to the erasure of personal data; the right to object to the processing of personal data; the right to data portability; the right to withdraw consent to the processing of personal data at any time and the right to lodge a complaint with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7.

 

14.    Final Provisions

14.1    All contractual relations are governed by Czech law.

14.2    These GTC shall come into force on the date of their publication and shall apply in the relevant version to all Orders placed on or after that date. The Seller reserves the right to change these GTC. The new version of the GTC will be published on the Seller's website. On the date of their publication, the previous GTC shall cease to apply, but this shall not affect Purchase Contracts concluded under the previous version of the GTC (see the first sentence of this paragraph).

14.3    If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. By choosing the law according to the preceding sentence, the Buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legislation, which cannot be derogated from by agreement, and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

14.4    If any provision of the GTC is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning 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.

14.5    The Purchase Contract, including the GTC, shall be archived by the Seller in electronic form and shall not be accessible.

14.6    The sample form for withdrawal from the Purchase Contract, the price list for shipping and payment, and the instructions for use, assembly, and maintenance of the Goods are annexed hereto.

In Liberec on May 3, 2021

 

ROMVEL, s.r.o.

Annex to the Terms and Conditions of the e-shop No. 1 “http://www.nimco.cz”

Sample form for withdrawal from the purchase contract

(fill in this form and send it back only if you want to withdraw from the contract) Notice of contract withdrawal 

ROMVEL, s.r.o., Dr. Milady Horákové 561/86a, Liberec VII-Horní Růžodol, 460 07 Liberec

First name and surname of the buyer:

 

Delivery address:

 

Telephone number:

E-mail:

Identification of goods (product number, type or name of goods):

 

Number of items:

Order date:

Delivery date:

Purchase Price:

Return the purchase price by postal order / to account no.:

Instructions:

This withdrawal may also be sent to the seller via e-mail. It shall be delivered at the moment of the Seller confirming the receipt of the e-mail to the Buyer. Without such confirmation such withdrawal from the side of the Buyer cannot be deemed to have been duly delivered to the Seller. If the consumer withdraws from the Contract, the consumer shall send or hand over to the Seller the Goods received from the Seller without undue delay, at the latest within fourteen (14) days of the withdrawal. If the consumer withdraws from the Contract, the Seller shall without undue delay, and no later than fourteen (14) days after the withdrawal, reimburse the consumer with all financial means, including delivery costs, received from the consumer under the Contract (i.e. not costs incurred by the consumer in returning the Goods) and using the same payment method.  If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the consumer for the cost of delivery of the Goods in the amount corresponding to the cheapest method of delivery offered.

If the consumer withdraws from the Purchase Contract, the Seller is not obliged to return the received financial means to the consumer before the consumer has handed over the Goods to the Seller or proved that the Goods were sent to the Seller.

Date of withdrawal:

Signature:

Annex to the Terms and Conditions of the e-shop No. 2 “http://www.nimco.cz”

PRICE LIST OF SHIPPING FEES

 

CZECH REPUBLIC:

a) Personal pick-up – the Goods will be handed over to the Buyer directly at the NIMCO shop, ul. Dr. Milady Horákové 561/86a, Liberec VII. This pick-up is free of charge.

b) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing costs, in this case, are: CZK 95 excl. VAT, i.e. CZK 115 incl. VAT

The price of cash on delivery is CZK 30 excl. VAT, i.e. CZK 36 incl. VAT

In case of purchase exceeding CZK 699 incl. VAT, the packing and postage are FREE within the Czech Republic.

 

SLOVAK REPUBLIC, GERMANY:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, is 10 EUR excl. VAT, i.e. 12 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

HUNGARY, POLAND, AUSTRIA:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, is 15.75 EUR excl. VAT, i.e. 19 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

LITHUANIA, SLOVENIA:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, is 16.5 EUR excl. VAT, i.e. 20 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

BELGIUM, ESTONIA, FRANCE, ITALY, LICHTENSTEIN, LATVIA, LUXEMBOURG, NETHERLANDS, SWITZERLAND, UNITED KINGDOM:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, is 24.8 EUR excl. VAT, i.e. 30 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

CROATIA, IRELAND, NORTHERN IRELAND, UKRAINE:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, are 33 EUR excl. VAT, i.e. 40 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

BOSNIA AND HERZEGOVINA, BULGARIA, DENMARK, FINLAND, CORSICA, NORWAY, PORTUGAL, ROMANIA, GREECE, SERBIA, SPAIN, SWEDEN:

a) Shipping – The Goods will be sent to the Buyer by a shipping company to the Buyer's address. The postage and packing, in this case, are 44.6 EUR excl. VAT, i.e. 54 EUR incl. VAT

In case of purchase exceeding 50 EUR incl. VAT, the packing and postage are FREE within the Czech Republic.

 

 

 

 

 

Annex to the Terms and Conditions of the e-shop No. 3 “http://www.nimco.cz”

 

APPENDIX No. 3 - Instructions for use, assembly, and maintenance of the goods

 

1.        Unpacking

1.1       Remove the packaging material by hand, do not use a knife or scissors, pay attention to any instructions on the packaging material. Before use, adjust the upholstery by lightly tapping, rubbing the cushions, seats, and armrests; they may be partially deformed after a long journey.

2.        Assembly

2.1       Assemble the furniture according to the enclosed assembly instructions; assemble the furniture on a soft surface to prevent scratching. Observe any instructions in the assembly instructions if included in the product packaging.

3.        1. Maintenance - General maintenance instructions

3.1       The surface of chrome-plated and stainless steel products requires regular cleaning. Bathroom accessories can be cleaned with hot water and dishwashing products (detergent) and then polished with a soft cloth and wiped dry. The best way to remove heavier soiling, such as limescale, is to use vinegar. The solution should be applied for some time, about 15 to 20 minutes. After application, the product should be rinsed well with clean water. On stainless steel surfaces polished to a high gloss, chlorine-free products (e.g. glass cleaners) should be used.

3.2       Clean glass and ceramic accessories in a similar way to metal parts and avoid using the products mentioned below. Never use a dishwasher for cleaning.

3.3       Any flaking of the coloured surface of the container is a standard phenomenon of wear of the resin compound of the coloured polyresin, caused by its normal use. This phenomenon is caused by prolonged, repeated physical contact of the polyresin container with, for example, a toilet brush, brushes, or other utensils with which the container comes into contact and cannot, therefore, be considered a defect.

3.4       In the case of placing the mirror in areas with permanent and higher humidity, the edge of the mirror gradually blackens.  If the mirror is dewed over an extended period of time, partial oxidation of the mirror finish may occur, especially in areas where precipitated moisture from the surrounding area is held. This is a common characteristic of mirror glass used for mirror manufacturing.

3.5       The loss of colour at the edge of the product is very standard, and normal wear and tear of the product occur gradually with use. If the surface of the product does not peel off and is applied in a continuous layer, it is not a defect in the product.

3.6       The loss of the chrome finish on the surface of the plastic pump is normal wear and tear on the pump caused by normal use. The loss of the chrome surface finish may also be promoted by regular contact of the chrome surface with the hypochlorites and chlorates found in some aggressive soaps. We, therefore, recommend the purchase of an all-metal dispenser pump that is resistant to these substances contained in soaps.

3.7       Damage may occur in the following cases:

a)     the use of bleaching or disinfecting agents, especially if they contain chlorine compounds (hypochlorites, chlorates, etc.). These agents need not be used directly on the products.

b)     the effect of limescale. Thick layers of limescale, which are also humid, significantly increase the risk of damage and corrosion.

c)     c) the use of alkaline or acidic highly concentrated cleaning agents and agents containing strong oxidising agents (anti-mould and bleaching agents). These agents need not be used directly on the products. The use of these products should be avoided in areas with limited ventilation – evaporated chlorinated compounds may condense on the surface and damage it. If it is necessary to use these cleaning or disinfecting agents, ensure that the area is well ventilated and that the surfaces to be cleaned are rinsed well and quickly!

d)     d) the use of building chemistry products designed for cleaning, for example, paving from building materials which exhibit significant corrosive aggressiveness

e)     e) use of liquid or paste sands that contain abrasive particles! Any roughened cleaning agents should be avoided as they may cause scratches. Under no circumstances should steel wool be used. It releases iron particles which damage the surface.

f)      f) use of immersion baths for cleaning silver! These contain strong acids or chlorides and are also totally unsuitable for cleaning chrome-plated or stainless steel products.

g)     g) in the case of cleaning surfaces with cleaning agents where the composition is unknown, which could damage the top layer of the finish. Cooking salt is also harmful.

3.8       The use of inappropriate cleaning agents or improper maintenance will gradually damage the product, depleting its utility and aesthetic qualities, and may therefore lead to the rejection of the Buyer's claim.

4.        Pictograms on NIMCO packaging – explanation of pictograms

4.1       Where it is not possible to display complete maintenance instructions on the packaging, symbols (pictograms) are used to indicate simplified maintenance instructions for the product. The symbols indicate cleaning only with a damp cloth, vinegar solution, and the prohibition to clean the products with chemical and abrasive agents, sands, etc.

4.2       The pictograms indicating the possibility to clean the products - with cloth, water, vinegar, or vinegar solution – "YES" have the following appearance:

 

 

4.3       Pictograms indicating PROHIBITION to clean products with abrasive and chemical agents and no use of dishwashers – “NO” have the following appearance:

 

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