Terms and Conditions

These General Terms and Conditions ("Terms") of Mibi's Group s.r.o., with its registered office at Štěpánská 539/9, Prague 2, Company ID: 05714311, registered in the Commercial Register under file no. C 269453 kept by the Municipal Court in Prague, email: info@inexpress.cz, phone number: +420776856789 ("We" or "Seller"), govern in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code"), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or based on a purchase agreement ("Agreement") concluded through the E-shop on the website www.inexpress.cz.

All information about the processing of your personal data is contained in the Privacy Policy, which you can find here.

The provisions of these Terms are an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. The wording of the Terms may be unilaterally amended or supplemented. This provision does not affect the rights and obligations arising during the effectiveness of the previous version of the Terms.

As you may be aware, our communication primarily occurs remotely. Therefore, our Agreement is subject to the use of means of distance communication that allow us to reach an agreement without our simultaneous physical presence and is concluded remotely through the E-shop environment, using the interface of the website ("E-shop web interface").

If any part of the Terms contradicts what we have mutually agreed upon during your purchase on our E-shop, the specific agreement shall take precedence over the Terms.

I. SOME DEFINITIONS

The Price is the financial amount you will pay for the Goods;
The Delivery Price is the financial amount you will pay for the delivery of the Goods, including the packaging cost;
The Total Price is the sum of the Price and the Delivery Price;
VAT is the value-added tax according to applicable legal regulations;
The Invoice is the tax document issued in accordance with the Value Added Tax Act on the Total Price;
The Order is your irrevocable proposal to conclude the Agreement for the purchase of Goods with us;
The User Account is an account created based on the information provided by you, allowing the storage of entered data and the history of ordered Goods and concluded Agreements;
You are the person purchasing from our E-shop, legally referred to as the buyer;
Goods refer to everything that you can purchase on the E-shop.

II. GENERAL PROVISIONS AND INFORMATION

The purchase of Goods is only possible through the E-shop web interface.
When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. Therefore, the information you provide when ordering Goods will be considered accurate and truthful.

III. CONCLUSION OF THE AGREEMENT

The Agreement with us can be concluded in both Czech and Vietnamese languages.
The Agreement is concluded remotely through the E-shop, and you bear the costs of using means of distance communication. However, these costs do not differ from the basic rate you pay for using these means (especially for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By submitting the Order, you agree to the use of distance communication means by us.
To conclude the Agreement, you need to create a draft Order on the E-shop. This draft must include the following information:

a) Information about the purchased Goods (on the E-shop, you select the Goods you are interested in purchasing by clicking "Add to Cart");

b) Information about the Price, Delivery Price, method of payment of the Total Price, and the desired method of Goods delivery; these pieces of information will be entered as part of the Order draft in the user interface of the E-shop, and the Price, Delivery Price, and Total Price will be automatically indicated based on the Goods you have selected and the method of delivery.

c) Your identification and contact details necessary for the delivery of Goods, including your name, surname, delivery address, telephone number, and email address;

d) In the case of an Agreement under which we will regularly and repeatedly deliver Goods to you, information about the duration of such delivery.

During the process of creating the Order draft, you can modify and verify the data until the draft is created. After verifying by clicking the "Order Obliging Payment" button, you create the Order. However, before clicking the button, you must confirm your familiarity with and acceptance of these Terms; otherwise, it will not be possible to create the Order. A checkbox serves to confirm your acceptance. After clicking the "Order Obliging Payment" button, all filled-in information will be sent directly to us.
We will confirm your Order as soon as it is received, and a message will be sent to your email address provided in the Order. The confirmation will include a summary of the Order and these Terms. The Agreement between us and you is concluded upon our confirmation of the Order. The Terms effective on the date of the Order form an integral part of the Agreement.
There may be cases where we are unable to confirm your Order. This mainly applies to situations where the Goods are not available or when you order a larger quantity of Goods than is permitted by us. However, we will always provide you with information about the maximum quantity of Goods in advance through the E-shop, and you should not be surprised by this. If there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in a modified form compared to the Order. The Agreement is concluded in such a case when you confirm our offer.
In the event that an obviously incorrect Price is stated within the E-shop or in the Order draft, we are not obliged to deliver the Goods at this Price, even if you have received the Order confirmation and, therefore, the Agreement has been concluded. In such a situation, we will promptly contact you and send you an offer to conclude a new Agreement in a modified form compared to the Order. The new Agreement is concluded when you confirm our offer. If you do not confirm our offer within a period of 3 days from its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is, for example, when the Price does not correspond to the usual price at other sellers, or there is a missing or additional figure.
Upon the conclusion of the Agreement, you are obliged to pay the Total Price.
If you have set up a User Account, you can place the Order through it. In such a case, you are still required to verify the correctness, truthfulness, and completeness of the pre-filled information. However, the process of creating the Order is the same as for buyers without a User Account, but the advantage is that you do not need to repeatedly fill in your identification details.
In some cases, we allow the use of a discount for the purchase of Goods. To provide the discount, you need to enter information about this discount in the designated field during the creation of the Order draft. If you do so, the Goods will be provided to you with the discount.

IV. User Account

Upon your registration within the E-shop, you gain access to your personal User Account.
During the registration process of the User Account, it is your obligation to provide accurate and truthful information for all required fields. In case of any changes, you are required to update the information accordingly.
Access to the User Account is secured by a username and password. It is your responsibility to keep these access details confidential and not share them with anyone. We hold no responsibility in case of misuse of your login credentials.
The User Account is personal, and you are not authorized to allow third parties to utilize it.
We reserve the right to cancel your User Account, especially if it remains inactive for more than 3 years or if you violate your obligations under the Agreement.
The User Account may not be available continuously due to necessary maintenance of hardware and software equipment.

V. Pricing and Payment Conditions, Reservation of Ownership

The price is always stated within the E-shop, the Order summary, and, of course, in the Agreement. In case of any discrepancy between the price displayed for the Goods within the E-shop and the price shown in the Order summary, the price in the Order summary will prevail, which will always be consistent with the price in the Agreement. The Order summary also includes the price for shipping or conditions for free shipping.
The total price, including VAT and all applicable fees, is specified.
We will request payment of the Total Price from you after the conclusion of the Agreement and before the delivery of the Goods. You can make the payment of the Total Price using the following methods:

a) Bank transfer - Payment instructions will be provided in the Order confirmation. In the case of a bank transfer payment, the Total Price is due within 7 days.

b) Cash on delivery - In this case, the payment will be made upon the delivery of the Goods.

c) Cash upon personal pickup - Cash payment is possible when picking up the Goods at Our store. In this case, the Total Price is due upon the Goods' receipt.

An invoice will be issued in an electronic form after the Total Price is settled and will be sent to your email address. The invoice will also be physically attached to the Goods and accessible in the User Account.
The ownership of the Goods transfers to you only after you have paid the Total Price and received the Goods. In the case of a bank transfer payment, the Total Price is considered paid when it is credited to Our account, while in other cases, it is considered paid at the time of payment.

VI. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS

The goods will be delivered to you by the method of your choice, and you can choose from the following options:

a) Personal pickup at our premises located at Tržnice Sapa - Libušská 319/126 Prague 4;

b) Personal pickup at the collection points of the company Zásilkovna;

c) Delivery through transport companies Česká pošta, PPL CZ, GLS, DPD, Zásilkovna;

The delivery of goods is only possible within the territory of the Czech Republic.
The delivery time of the goods always depends on its availability and the chosen method of delivery and payment. The estimated delivery time of the goods will be provided to you in the order confirmation. The delivery time stated on the E-shop is only approximate and may differ from the actual delivery time. In case of personal pickup at our premises, you will always be informed via email about the possibility of collecting the goods.
Upon receipt of the goods from the carrier, it is your obligation to check the integrity of the packaging, and in case of any defects, promptly notify the carrier and us. If there is any damage to the packaging that indicates unauthorized handling and entry into the shipment, you are not obliged to accept the goods from the carrier.
In the event that you fail to fulfill your obligation to accept the goods, except as specified in VI.4. of these Terms and Conditions, it does not constitute a breach of our obligation to deliver the goods to you. However, your failure to accept the goods does not constitute a withdrawal from the Contract between us and you. In such a case, we have the right to withdraw from the Contract due to your material breach of the Contract. If we decide to exercise this right, the withdrawal is effective on the day we notify you of this withdrawal. The withdrawal from the Contract does not affect your right to receive payment for the delivery or to claim damages, if any incurred.
If, for reasons on your part, the goods are repeatedly delivered or delivered in a manner other than agreed upon in the Contract, it is your responsibility to reimburse us for the costs associated with such repeated delivery. We will provide you with the payment details for these costs to your email address provided in the Contract, and they will be due within 14 days of receiving the email.
The risk of damage to the goods passes to you upon receipt. In case you do not accept the goods, except as specified in VI.4 of these Terms and Conditions, the risk of damage to the goods passes to you at the moment when you had the opportunity to accept them but failed to do so for reasons on your part. The transfer of risk of damage to the goods means that from this moment on, you bear all the consequences associated with loss, destruction, damage, or any devaluation of the goods.
If the goods were not indicated as in stock on the E-shop, and the approximate availability period was provided, we will always inform you in the event of:

a) extraordinary production failure of the goods, and we will always provide you with a new expected availability period or information that the goods cannot be delivered;

b) delay in the delivery of goods from our supplier, and we will always provide you with a new expected delivery time.

If we are unable to deliver the goods to you within 30 days after the delivery period stated in the order confirmation for any reason, both you and we have the right to withdraw from the Contract.

VII. Rights from Defective Performance

We guarantee that at the time of the risk transfer of the Goods, according to Article VI.7 of the Terms, the Goods are without defects, particularly:

a) It has the characteristics we agreed upon with you, and if not expressly agreed, then those characteristics that we have described in the Goods' description or those that can be expected considering the nature of the Goods.

b) It is suitable for the purposes we specified or for the purposes usual for Goods of this type.

c) It corresponds to the agreed quality or performance according to the agreed sample if the quality or performance was determined based on a sample.

d) It is in the appropriate quantity and weight.

e) It complies with the legal requirements.

f) It is not encumbered by the rights of third parties.

Rights and obligations regarding rights from defective performance are governed by the relevant binding legal regulations (in particular provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
In the event that the Goods have a defect, especially if any of the conditions in Article VII.1 are not met, you can notify us of such a defect and exercise the rights from defective performance (i.e., claim a warranty) by sending an email or letter to our addresses specified in our identification data. For the warranty claim, you can also use the sample form provided by us, which is annex no. 1 to the Terms. When exercising the rights from defective performance, you need to choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases under Article 7.4, without our consent. We will handle the warranty claim in accordance with your chosen rights from defective performance. If you do not choose a solution to the defect, you have the rights stated in Article 7.5, even in situations where the defective performance was a material breach of the Agreement.
If defective performance constitutes a material breach of the Agreement, you have the following rights:

a) To have the defect remedied by the delivery of new Goods without defects, or by delivering the missing part of the Goods.

b) To have the defect remedied by repairing the Goods.

c) To a reasonable price reduction.

d) To withdraw from the Agreement.

If you choose to have the defect remedied by points a) or b) and we fail to remedy the defect within a reasonable time that we specify or inform you that we will not remedy the defect at all, you have the rights under points c) and d), even if you did not originally request them in the warranty claim. Also, if you choose to have the defect remedied by repairing the Goods, and we find that the defect is not repairable, we will notify you, and you can choose a different way of defect resolution.

If defective performance constitutes a non-material breach of the Agreement, you have the following rights:

a) To have the defect remedied by the delivery of new Goods without defects, or by delivering the missing part of the Goods.

b) To have the defect remedied by repairing the Goods.

c) To a reasonable price reduction.

However, if we fail to remedy the defect on time or refuse to remedy the defect, you have the right to withdraw from the Agreement. You can also withdraw from the Agreement if you cannot properly use the Goods due to repeated occurrence of defects after repairing the Goods or due to a greater number of defects in the Goods.

In the case of both material and non-material breaches, you cannot withdraw from the Agreement or request the delivery of new Goods if you cannot return the Goods in the condition in which you received them. This does not apply in the following cases:

a) If there has been a change in the condition of the Goods due to an inspection to determine the defect.

b) If the Goods have been used before the defect was discovered.

c) If the inability to return the Goods in an unchanged condition is not caused by your conduct or negligence.

d) If the Goods were sold, consumed, or altered before the defect was discovered during normal use; however, if this has occurred only partially, it is your obligation to pay us the part of the price corresponding to the benefit you have derived from the use of the Goods.

Within 3 days of receiving the warranty claim, we will send you a confirmation email to your email address, confirming that we have received the warranty claim, when we received it, and the estimated time for handling the warranty claim. We will handle the warranty claim without undue delay, but no later than 30 days from its receipt. The period may be extended by mutual agreement. If the period expires without a result, you can withdraw from the Agreement.
We will inform you about the handling of the warranty claim by email. If the warranty claim is justified, you are entitled to a reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of the cost of shipping. If the defect is remedied by delivering new Goods, you are obliged to return the original Goods, but we will cover the costs of such return.
If you are an entrepreneur, you are obliged to report and raise a defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months from taking over the Goods.
The provisions regarding the rights from defective performance do not apply in the following cases:

a) Goods sold at a lower price due to a defect for which the lower price was agreed.

b) Wear and tear caused by the usual use of the Goods.

c) Used Goods for defects corresponding to the extent of use or wear that the Goods had when you received them.

d) If it arises from the nature of the Goods.

VIII. WITHDRAWAL FROM THE AGREEMENT

Termination of the contractual relationship between you and us from its beginning can occur for reasons and in ways specified in this article, or in other provisions of the Terms where the possibility of withdrawal is expressly stated.
If you are a consumer, meaning a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the Agreement without stating a reason within 14 days from the date of delivery of the Goods, in accordance with Section 1829 of the Civil Code. If we have concluded an Agreement that includes several types of Goods or the delivery of several parts of the Goods, the period starts running from the date of delivery of the last part of the Goods, and if we have concluded an Agreement under which we will deliver the Goods to you regularly and repeatedly, the period starts running from the date of delivery of the first delivery. You can withdraw from the Agreement by any demonstrable means (especially by sending an email or letter to our addresses specified in our identification data). You can also use the sample form provided by us for withdrawal, which is annex no. 2 to the Terms.
However, even as a consumer, you cannot withdraw from the Agreement in cases where the subject of the Agreement is:

a) Goods, the price of which depends on fluctuations in the financial market beyond our control, and which may occur during the withdrawal period.

b) Delivery of alcoholic beverages that can be supplied only after thirty days, and their price depends on fluctuations in the financial market beyond our control.

c) Goods that have been customized according to your wishes or for your person.

d) Perishable goods and goods that have been inseparably mixed with other goods after delivery.

e) Goods in sealed packaging that were taken out of the packaging and cannot be returned for hygienic reasons.

f) Delivery of audio or video recordings or computer programs if the original packaging has been breached.

g) Delivery of newspapers, periodicals, or magazines.

h) Delivery of digital content if it was not supplied on a tangible medium and was delivered with your prior explicit consent before the withdrawal period expires, and we have informed you that you do not have the right to withdraw from the Agreement.

The withdrawal period according to Article VIII.2 of the Terms is considered observed if you send us a notice of withdrawal during this period.
In case of withdrawal from the Agreement, the price will be refunded to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account specified for withdrawal from the Agreement. However, the amount will not be refunded until you return the Goods to us or prove that you have sent the Goods back to us. Please return the Goods to us in a clean condition, preferably in the original packaging.
In case of withdrawal from the Agreement according to Article VIII.2 of the Terms, you are obliged to send the Goods back to us within 14 days from the withdrawal, and you bear the costs associated with returning the Goods to us. On the other hand, you have the right to be reimbursed for the shipping costs, but only up to the amount corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In case of withdrawal due to our breach of the concluded Agreement, we will cover the costs associated with returning the Goods to us, but again, only up to the amount of the shipping costs corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods.
You are liable to us for any damage caused to the Goods as a result of handling it other than necessary with respect to its nature and characteristics. We will invoice you for the damage caused, after the Goods are returned to us, and the payment is due within 14 days. If we have not yet refunded the price to you, we are entitled to set off the claim for costs against your claim for a refund of the price.
We have the right to withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the time specified in Article VI.9 of the Terms. We may also withdraw from the Agreement if it is evident that you provided deliberately incorrect information in the Order. If you purchase Goods within the scope of your business activities, as a business person, we are entitled to withdraw from the Agreement at any time, even without stating a reason.

IX. DISPUTE RESOLUTION WITH CONSUMERS
1. We are not bound by any codes of conduct in relation to buyers, as provided for in Section 1826 (1) letter e) of the Civil Code.
2. We handle consumer complaints through the electronic address info@inexpress.cz. We will send information about the resolution of the complaint to the buyer's electronic address.
3. The Czech Trade Inspection (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Agreement. The online platform for dispute resolution available at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer who is a consumer, arising from a sales contract concluded by electronic means.
4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).
X. FINAL PROVISIONS
1. If our legal relationship contains an international element (i.e., for example, if we will deliver goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, your rights arising from legal regulations are not affected by this provision.
2. All written correspondence will be delivered to you by electronic mail. Our email address is provided in our identification data. We will deliver the correspondence to your email address as stated in the Agreement, in your User Account, or through which you have contacted us.
3. The Agreement can only be amended by our written agreement. However, we are entitled to change and supplement these Terms; however, such a change will not affect already concluded Agreements, but only Agreements that will be concluded after the effective date of such change. We will inform you about the change only if you have created a User Account (so that you have this information when ordering new Goods, but the change does not establish the right to terminate the Agreement, as we do not have a concluded Agreement that could be terminated), or if we are obliged to regularly and repeatedly deliver Goods to you based on the Agreement. We will send you information about the change to your email address at least 14 days before the effective date of the change. If we do not receive notice of termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days of sending the information about the change, the new conditions become part of our Agreement and apply to the next delivery of Goods following the effective date of the change. The notice period in case you submit a notice is 2 months.
4. In the event of force majeure or events that cannot be foreseen (natural disasters, pandemics, operational disruptions, failures of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure cases, and if the state of force majeure lasts for more than 10 days, both we and you have the right to withdraw from the Agreement.
5. Annex to the Terms is a sample form for complaints and a sample form for withdrawal from the Agreement.
6. The Agreement, including the Terms, is stored electronically by us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with the summary of the Order by email and will, therefore, have access to the Agreement without our cooperation. We recommend that you always save the Order confirmation and the Terms.
7. These Terms are effective from January 1, 2023.
ATTACHMENT NO. 1 - COMPLAINT FORM

Recipient: Mibi's Group s.r.o., Štěpánská 539/9, Prague 2, 12000

Claiming a Complaint

Date of Conclusion of the Agreement:

Name and Surname:

Address:

Email Address:

Goods subject to the complaint:

Description of the defects of the Goods:

Suggested method of resolving the complaint, or specifying the bank account number for the refund:

I also request the issuance of a confirmation of the complaint stating when I claimed this right, what is the content of the complaint along with my claim, including the date and method of resolving the complaint.

Date:

Signature:

ATTACHMENT NO. 2 - FORM FOR WITHDRAWAL FROM THE AGREEMENT

Recipient: Mibi's Group s.r.o., Štěpánská 539/9, Prague 2, 12000

I hereby declare that I am withdrawing from the Agreement:

Date of Conclusion of the Agreement:

Name and Surname:

Address:

Email Address:

Specification of the Goods covered by the Agreement:

Method for the return of received funds, or specifying the bank account number:

If the buyer, who is a consumer, orders goods through the e-shop of Mibi's Group s.r.o., Štěpánská 539/9, Prague 2, 12000 ("Company") or other means of distance communication, except for the cases specified in Section 1837 of Act No. 89/2012 Coll., the Civil Code, in the wording of later regulations, he/she has the right to withdraw from the concluded purchase contract within 14 days from the date of receipt of the goods, without stating any reason and without any penalty. The buyer shall notify the Company of this withdrawal in writing to the address of the Company's establishment or electronically to the email provided in the sample form.

If the buyer, who is a consumer, withdraws from the purchase contract, he/she shall send or hand over the goods received to the Company without undue delay, but no later than 14 days from the withdrawal from the purchase contract.

If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall reimburse him/her without undue delay, but no later than 14 days from the withdrawal from the purchase contract, all funds (purchase price of the delivered goods) received from him/her, in the same manner. If the buyer has chosen a method of delivery of the goods other than the cheapest one offered by the Company, the Company shall refund the costs of delivering the goods only in the amount corresponding to the cheapest offered method of delivery of the goods. The Company is not obliged to return the received funds to the buyer before the buyer hands over the goods to the Company or proves that he/she has sent the goods to the Company.

Date:

Signature:

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