These Terms and Conditions (hereinafter the “T&C”) govern the rights and obligations of the Buyer and the Seller when entering into contractual relationships, in particular the sale of goods and the provision of services between La femme Mimi s.r.o. (hereinafter the “Seller”), which operates this online shop, and the consumer (hereinafter the “Buyer”). The Buyer is obliged to familiarise themselves with these T&C before ordering goods.
All contractual relationships are concluded in accordance with the laws of the Czech Republic. Where the contracting parties are the Seller and another natural person, the mutual rights and obligations of the contracting parties arising in connection with, or on the basis of, a purchase contract concluded through the Seller’s online shop (unless such relationships are otherwise governed by these Terms and Conditions) are governed, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”).
These Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, is acting within the scope of their business activity or the independent exercise of their profession.
Both the Buyer and the Seller are bound by these Terms and Conditions, and by placing an order the Buyer expresses their agreement with the Terms and Conditions for the delivery of goods by the Seller.
I. Basic provisions
The Seller
La femme Mimi s.r.o., Company ID (IČ) 285 30 284, VAT ID (DIČ) CZ 285 30 284, with its registered office at Praha 1, Nové Město, Štěpánská 53, postcode 110 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 148305.
Contact e-mail: mimi@lafemmemimi.com
Contact telephone: +420 775 665 387
The Buyer
The Buyer acknowledges that the purchase of goods offered in the Seller’s range does not give rise to any rights to use the registered trademarks, trade names, company logos or patents of the Seller or of other companies, unless otherwise agreed in a specific case by a separate contract.
When entering into a business relationship, the Buyer provides the Seller only with the contact details necessary for the smooth processing of the order, or with any details they wish to have shown on the purchase documents.
II. Ordering system
1) Ordering goods
The validity of an electronic order is conditional on completing all the required details and particulars set out in the order form, namely: first and last name, telephone number, e-mail, delivery address, method of delivery, method of payment, and the contents of the shopping cart.
A contractual relationship between the Seller and the Buyer arises upon delivery of the order confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address (confirmation e-mail).
The Seller is not bound in relation to the Buyer by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
All orders placed by the Buyer through the online shop http://eshop.lafemmemimi.com/ are binding and cannot subsequently be cancelled.
The Seller reserves the right not to confirm an order, or part of it, prior to the conclusion of the purchase contract if the goods are no longer manufactured and/or are no longer in stock and/or in the event of an evident error in the price of the goods. Should this situation arise, the Seller undertakes to contact the Buyer without delay in order to agree on how to proceed. If the Buyer has already paid part or all of the purchase price, this amount will be transferred back to their account or sent to their address.
An individual contract between the Seller and the Buyer takes precedence over these T&C.
Orders may be placed 24 hours a day, 7 days a week.
2) Price of goods
Prices are stated inclusive of VAT. The prices shown in the operator’s online shop are valid at the time the order is placed. The Seller reserves the right to change the price, in particular in the event of a pricing error, a change in the exchange rate, or significant changes in the supply terms of manufacturers and other suppliers of goods. The Seller must inform the Buyer of any such change without delay and agree the price change with the Buyer. If the Buyer does not agree with such a change, the order shall be deemed not to have been placed.
3) Method of payment
Goods may be paid for by the following methods:
a) cash payment or payment card – for personal collection at the Seller’s shop
b) bank transfer to the Seller’s bank account held with ČSOB, account number:
CZK – 285514266/0300
EUR – 256732934/0300
4) Delivery of goods
Preparation for dispatch means the time required to complete all the formalities in connection with handing over the ordered goods to the carrier chosen by the Buyer.
Dispatch (of the ordered goods) means the handover of the ordered goods by the Seller to the carrier.
Both preparation for dispatch and dispatch itself take place on business days.
Title to the goods passes to the Buyer upon payment of the purchase price in full. However, the risk of damage to the goods passes to the Buyer upon their receipt.
Upon delivery of the purchased goods, the Seller undertakes to issue an invoice containing all the particulars required of an accounting document.
The Seller will prepare goods in stock for dispatch no later than within a week of receiving the electronic order, or otherwise in accordance with the stated delivery time for the item in question. Where payment is made by bank transfer, the goods are dispatched once this payment has been received into the Seller’s account (provided the goods are in stock; otherwise in accordance with the stated delivery time for the item in question).
Where the delivery time for selected items is longer owing to the exclusivity of the product, the Seller will contact the Buyer without delay.
Goods are delivered according to the method chosen by the Buyer in the online order. The delivery methods are:
a) personal collection
b) courier delivery
c) delivery via Zásilkovna
d) other (as agreed between the Seller and the Buyer, e.g. express service)
The place of delivery of the goods is the delivery address stated by the Buyer in the electronic order.
a) Personal collection
Goods may be collected in person by prior arrangement (by e-mail or telephone), on business days within opening hours at the Seller’s registered office. Another handover time may also be agreed.
Opening hours for personal collection: Monday – Friday: 11am – 7pm
Telephone contact: +420 775 665 387
Seller’s registered office: La femme Mimi, Štěpánská 53, Praha 1, 110 00
IV. Withdrawal from the contract by the Buyer
Pursuant to Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from the contract within 14 days of taking receipt of the goods they ordered; where the subject of the purchase contract comprises several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods.
Withdrawal from the purchase contract must be sent to the Seller within the period stated in the preceding sentence. If the Buyer wishes to make use of this option, the goods must be sent or handed over at the Buyer’s own expense within the specified period, whereby the date on which the goods are dispatched to the Seller is what matters. Where withdrawal from the purchase contract takes place under this article of the Terms and Conditions, the purchase contract is cancelled from the outset.
This period is intended to allow the consumer sufficient opportunity to become acquainted with the properties of the purchased goods and must not be understood as a right to borrow the goods. Nor does this right serve as a means of resolving the delivery of defective goods. The goods must be accompanied by a written request for withdrawal from the purchase contract, proof of purchase, the Buyer’s initials, and the account number to which the sum of money (excluding postage) will be refunded within 14 days of withdrawal from the purchase contract. The Buyer agrees that the Seller will not refund the cost of delivery.
The Buyer acknowledges that they bear all costs associated with returning the goods to the Seller.
The goods must show no signs of wear, even partial, must be in their original packaging and undamaged.
The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the Buyer’s wishes or to their person.
The Seller undertakes to refund the Buyer the funds representing the purchase price no later than fourteen days from withdrawal from the contract, to the Buyer’s bank account or to the Buyer’s address, but not before the Buyer hands over the goods to the Seller or proves that they have sent the goods to the Seller. Where damaged or incomplete goods are returned, the purchase price refunded to the Buyer will be reduced by an amount corresponding to any damage or missing goods. Goods sent cash on delivery will not be accepted.
The Seller is entitled to reimbursement of the costs actually incurred in connection with the return of the goods.
Where the Buyer is no longer able to return the goods in their original condition and/or their value has already been reduced as a result of, for example, partial consumption or wear of the goods caused by handling the goods otherwise than is necessary having regard to their nature and properties, the Buyer is obliged, pursuant to Section 1833 of the Civil Code, to compensate for the diminished value in money. In such a case, the Seller shall set off its claim against the Buyer’s claim for a refund of the purchase price, and the Buyer will be refunded the purchase price reduced by the Seller’s claim.
V. Warranty
The warranty covers manufacturing defects in the goods. The warranty does not cover defects caused in particular by improper or careless handling, use of the product contrary to its purpose or the instructions for use, mechanical damage, or the usual degree of wear and tear. The warranty does not cover goods mechanically damaged by the Buyer’s interference with the product, nor with the warranty certificate.
As proof of warranty, La femme Mimi s.r.o. issues, for each item of goods purchased, a purchase document – an invoice containing all the particulars of an accounting document and any other details needed to claim under the warranty (name of the goods, date, price, quantity, order number).
Length of warranty
The Seller is liable for any damage the goods have upon receipt by the Buyer and during the warranty period. Unless stated otherwise, the warranty period is 24 months and begins to run from the date the Buyer receives the goods.
The Seller will not accept a complaint made after the above warranty period has expired.
Within the statutory warranty period, complaints are governed by Section 2161 et seq. of the Civil Code, having regard to these T&C.
Warranty conditions
The warranty conditions for the goods are governed by these T&C and by the applicable laws of the Czech Republic. The purchase document serves as the warranty certificate.
The place for lodging a complaint is the Seller’s registered office: La femme Mimi, Štěpánská 53, Praha 1, 110 00.
The Buyer may send defective goods for complaint by courier service to the Seller’s registered office address. The parcel should be clearly marked “REKLAMACE” (COMPLAINT) and should contain: the goods being complained about (including all accessories in full), a copy of the purchase document, a detailed description of the defect, and sufficient contact details for the Buyer (return address, telephone number). Without the above, it is not possible to identify the origin of the goods or the defect. The Buyer must prove the validity of the warranty by presenting the purchase document, and, if the goods have previously been the subject of a complaint, must also provide the relevant complaint record. The document of acquisition (purchase or complaint document) must bear the same order number.
Furthermore, the warranty does not cover damage arising from:
– careless, improper or forceful mechanical handling
– use of the goods in conditions that do not correspond, in terms of temperature, dust or humidity, to those specified by the manufacturer
– goods damaged by excessive strain or use contrary to the conditions set out in the documentation or in general principles, or damage caused by natural forces or force majeure
Goods submitted for complaint will be tested only for the defect stated in writing by the Buyer (in the complaint form or in the accompanying description of the defect). If it is found that the cause of the problem is not the goods being complained about but incorrect handling by the Buyer, the complaint will be rejected. If the Buyer agrees to a paid repair, it will be charged in accordance with the current price list. The Seller is liable for hidden defects in the goods that appear upon receipt by the Buyer and during the warranty period.
Method of handling complaints
Where, on receipt by the Buyer, the item is not in conformity with the purchase contract (hereinafter “non-conformity with the purchase contract”), the Buyer may request the delivery of a new item free of defects, unless this is disproportionate given the nature of the defect; however, where the defect concerns only a component of the item, the Buyer may request only the replacement of that component. Where this is not possible, the Buyer may withdraw from the contract.
However, where this would be disproportionate given the nature of the defect, in particular where the defect can be remedied without undue delay, the Buyer has the right to have the defect remedied free of charge.
The Buyer also has the right to the delivery of a new item, or to the replacement of a component, in the case of a remediable defect, if the Buyer cannot properly use the item owing to the recurrence of the defect after repair or owing to a greater number of defects. In such a 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 the delivery of a new item free of defects, to the replacement of a component, or to repair of the item, the Buyer may request a reasonable discount. The Buyer is also entitled to a reasonable discount where the Seller cannot deliver a new item free of defects, replace a component, or repair the item, as well as where the Seller fails to remedy the situation within a reasonable time or where remedying the situation would cause the consumer considerable difficulty.
Where the item has a defect for which the Seller is liable, and the item in question is sold at a reduced price or is a used item, the Buyer has the right to a reasonable discount instead of the right to have the item replaced.
Where the Buyer exercises a right arising from defective performance, the other party shall confirm in writing when the right was exercised, as well as the carrying out of the repair and its duration.
The Seller handles complaints regarding goods without undue delay, but no later than within 14 days of the date following the day on which the Buyer made the complaint.
Once a justified complaint has been settled, the warranty period is extended by the duration of the complaint procedure. In the case of an unjustified complaint, the warranty period is not extended. Where a complaint has been settled by replacement, any further complaint is treated as the first complaint regarding the goods. (The duration of the complaint procedure is calculated from the day following receipt until the day the complaint is settled – not until collection by the Buyer! The customer is notified of the outcome by e-mail, using the address provided at the time of purchase.)
Once a complaint has been settled, the Seller will notify the Buyer of its conclusion either by telephone, SMS or e-mail. Where the goods were sent by courier service, they will automatically be sent to the Buyer’s address once the complaint has been settled.
VI. Security and protection of information
The processing of Buyers’ personal data is governed by a separate Privacy Policy, which complies with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and Act No. 110/2019 Coll., on the Processing of Personal Data.
The Buyer is obliged to notify the Seller without delay of any changes to their identification, billing and contact details that could affect the performance of the purchase contract.
VII. Final provisions
These T&C are valid to the extent and in the wording shown in the Seller’s online shop on the day the electronic order is sent. By placing an electronic order, the Buyer declares that they have familiarised themselves with these Terms and Conditions, agree with them, accept them without reservation, and are irrevocably bound by them. By sending the electronic order, the Buyer confirms to the operator that they accept the price of the ordered goods, including any dispatch and delivery costs.
For and on behalf of La femme Mimi s.r.o.,
MiMi Lan Nguyen, Managing Director
Drawn up in accordance with Civil Code Act No. 89/2012 Coll.