Bussines Terms

BUSINESS CONDITIONS of the company:

Mia Distribution s.r.o., with registered office: Otýlie Beníškové 14, 301 00, Plzeň, ID: 19200170

registered in the Commercial Register C 43609 maintained by the Regional Court in Pilsen

for the sale of goods via the online shop located at www.rixon.eu/en/

INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the company Mia Distribution s.r.o., with registered office at Otýlie Beníškové 14, 301 00 Plzeň, identification number: 19200170, registered in the Commercial Register kept in Plzeň, file mark C 43609 (hereinafter referred to as “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online shop. The online shop is operated by the Seller on the website located at www.rixon.eu (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “Shop Web Interface”).

The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.

Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.

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

User account

Based on the buyer’s registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.

Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.

The buyer is not entitled to allow third parties to use the user account.

The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for a longer period of time or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

Conclusion of the purchase contract

All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the cost of returning the goods if the goods cannot, by their nature, be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.

The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.

To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),

the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).

Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the order. The Buyer shall send the order to the Seller by clicking on the button ” complete order “. The data provided in the order shall be deemed correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).

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

The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address. The Seller reserves the right to cancel the order and therefore withdraw from the contract in the event of an error in the display of the item (auction). In this case, the buyer must always be properly informed.

The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.

Price of Goods and Payment Terms

The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:

in cash or by credit card at the seller’s premises at; Otýlie Beníškové 14

in cash on delivery at the place specified by the buyer in the order;

by wire transfer to the Seller’s account No. 272801362/0300, maintained with CSOB (hereinafter referred to as the “Seller’s Account”);

cashless via the CSOB payment system for accepting payment cards online.

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 shall also include the costs associated with the delivery of the goods.

The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the purchase contract.

In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.

The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

Discounts and price adjustments listed on the e-shop, understood as www.rixon.eu, apply only to purchases of goods made through this online store.

If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.

Method of payment

• Cash – on receipt of goods
• Credit card online
• Bank transfer (QR code)
• Cash on delivery – payment upon handing over the goods to the carrier

Withdrawal from the purchase contract

The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer’s wishes or for the Buyer’s person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the consumer has damaged the original packaging.

Unless the case referred to in Article 5.1 or any other case in which the Purchase Contract cannot be withdrawn from, the Purchaser 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, provided that 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 the 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 an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, among other things, to the Seller’s business address or to the Seller’s e-mail address.

In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal from the 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 by normal postal means due to their nature.

In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer’s claim for reimbursement of the purchase price.

The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall return the purchase price to the Buyer without undue delay, without cash to the account designated by the Buyer.

If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.

In the case of sale of goods in a shop or other establishment, the buyer has the right to exchange the purchased goods for other goods of the same or higher value within 3 working days.

Transport and delivery of goods

In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery.

In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller’s special delivery conditions, if issued by the Seller.

Method of delivery

DPD

The price of the parcel is 99 CZK incl. VAT. In case of cash on delivery there is an extra charge of 49 CZK per parcel.

Czech Post – Parcel to hand

The price of the parcel is 99 CZK incl. VAT. In case of cash on delivery there is an extra charge of 49 CZK per parcel.

Czech Post – Balíkovna

The price of the parcel is 59 CZK incl. VAT. In case of cash on delivery there is an extra charge of 49 CZK per parcel.

Zásilkovna

The price of the parcel is 99 CZK incl. VAT. In case of cash on delivery there is an extra charge of 49 CZK per parcel.

Personal collection

Price 19 CZK including VAT.

Rights from Defective Performance

The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular, Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code).

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 delivery of the goods:

the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and on the basis of the advertising carried out by them, the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used, the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined by reference to the agreed sample or specimen, the goods are of the appropriate quantity, measure or weight and the goods comply with the requirements of the law.

The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods 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 claims the rights from the defective performance at the seller’s address of the seller’s establishment, where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment of the claim.

The right to free repairs shall cease if:

1. a) výrobek nebyl používán a udržován podle návodu k obsluze.
2. b) byl proveden jakýkoliv zásah do konstrukce stroje bez předchozího písemného povolení vydaného firmou Mia Distribution s.r.o. nebo autorizovaným servisem.
3. (c) the product has been used in conditions or for purposes other than those for which it is intended.
4. (d) a part of the product has been replaced by a non-original part.
5. e) the product has been damaged or excessively worn out due to lack of maintenance.
6. f) the product has crashed, been damaged by force majeure or negligence of the user.
7. g) damage caused by external mechanical, thermal or chemical influences.
8. h) the defects were caused by improper storage or handling of the product.
9. i) the product has been used (for the given product type) in an aggressive environment e.g. dusty, humid.
10. (j) the product has been used in excess of the permissible load.
11. (k) any falsification of the proof of purchase or complaint report has been made.

Other rights and obligations of the parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods.

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.

The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.

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

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

According to Act No. 634/1992 Coll., on Consumer Protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.

Out-of-court dispute resolution is initiated exclusively at the consumer’s request, and only if the dispute has not been resolved directly with the seller. The application may be filed within 1 year from the date on which the consumer first exercised his or her right which is the subject of the dispute with the seller.

The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.

The buyer may also contact dTest, o.p.s. via www.dtest.cz/poradna or by calling 299 149 009 for advice on his/her consumer rights.

The Seller undertakes to seek out-of-court dispute resolution with the Buyer as a matter of priority, unless the Buyer refuses. Out-of-court settlement of the dispute can also be done through the YourComplaints.cz service on the website www.vasestiznosti.cz.

This procedure is not mediation pursuant to Act No. 202/2012 Coll., on Mediation, as amended, nor is it arbitration pursuant to Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, as amended, and its use does not affect the parties’ right to take their claim to the Czech Trade Inspection Authority or to court.

During the out-of-court settlement negotiations, the limitation and prescription periods under the Civil Code shall not run or begin to run unless one of the parties to the dispute expressly refuses to continue the negotiations.

Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).

Final provisions

If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legislation.

If any provision of the terms and conditions 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.

The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

A sample form for withdrawal from the purchase contract is attached to the terms and conditions, downloadable here.

The sample complaint form, downloadable here, is an annex to the terms and conditions.

Seller’s contact details: delivery address Mia Distribution s.r.o., Otýlie Beníškové 14, 301 00 Plzeň. E-mail address: info@rixon.eu, telephone 374440136 (landline for receiving calls, not sms).