Business terms and conditions

BUSINESS TERMS

1. INTRODUCTORY PROVISIONS

These terms and conditions govern the conditions for the delivery of goods - advertising and gift items (hereinafter referred to as "goods") and related services (e.g. marking of goods, gift packaging, etc., hereinafter referred to as "services"), or only the services of the iMi Partner companies themselves, as, registered office Dusíkova 3, Brno, ID: 253 08 033, hereinafter referred to as the "Seller".
These terms and conditions apply primarily to contracts concluded between the Seller and the Buyer as entrepreneurs in the course of their business activities.

If the Buyer is a consumer, the provisions of Articles 11 and 12 of these terms and conditions also apply to him. If, within the further text of the terms and conditions, there is a contradiction between the conditions stated in Articles 11 and 12, the more favorable of the variants always applies to the consumer in accordance with the law.

A buyer who is not a consumer does not have the right to withdraw from the contract without giving a reason, which the law establishes for consumers in contracts concluded at a distance.

If the Buyer refers to these terms and conditions, if he orders goods or services through the Seller's online store, he is referring to their wording effective on the day he placed the order. If the Buyer refers to these terms and conditions, if he orders goods or services in another way, e.g. an order sent by e-mail or a written order delivered by a postal service operator, he is referring to their wording effective on the day when the order was demonstrably sent by the Buyer.

The condition for the Buyer's familiarization with these terms and conditions according to § 1799 of the Act No. 89/2012 Coll. Civil Code (hereinafter referred to as the Act) is fulfilled:
- if the Buyer orders goods or services through the Seller's online store, by the fact that before placing the order, which contains a clause referring to the terms and conditions, the Buyer is always necessarily automatically guided to the text of the terms and conditions
- orders if the Buyer of goods or services by other means, before confirming the order or issuing the contract, the Seller is expressly informed of the existence and meaning of the clause referring to the terms and conditions

2. USE OF TERMS AND CONDITIONS

These terms and conditions established for the purpose pursuant to Section 1751 of the Act determine:
a) the further content of the Buyer's orders or any other proposals (or counter-proposals) for the conclusion of sales contracts by the Seller or the Buyer relating to the delivery of goods or services by the Seller (hereinafter also referred to as the Contract), if the person making the proposal or counter-proposal refers to these business terms and conditions (whether it is an express statement or consent can be inferred from the circumstances)
b) other content of purchase contracts relating to the supply of goods or services that refer to these business terms
and conditions to the extent that the contractual act (according to letter a) above) or the purchase contract or other related arrangements (according to letter b) above) do not contain a deviating provision (e.g. different prices, maturity, delivery period, specific method of payment of the purchase price) etc.), as deviating provisions in the contract take precedence over the wording of these terms and conditions.

Furthermore, these terms and conditions determine some rules for ordering (Article 3 paragraph one).
For the purpose of these terms and conditions, the purchase contract is understood not only as a contract for the purchase of goods (with the possible provision of services), but also as a contract for the provision of the services themselves (services).

3. ORDER AND ITS CONFIRMATION

The buyer will order the goods electronically or in writing, while in the order he will indicate the code designation of the goods according to the Seller (hereinafter referred to as the "goods code"), the name of the goods, the number of ordered units and the price (see paragraph PRICE). The Buyer is represented when ordering only by a person authorized to do so, the Seller has the right to consider the person who usually orders as an authorized person. If the Buyer orders goods including a Print or other markings (hereinafter collectively referred to as "Print") or orders only the Print itself, he undertakes to deliver to the Seller, together with the order, graphic materials for the Print (which must include, in particular, the required Print technology, graphic appearance, color and dimensions). In case of approval, the Seller will confirm the order electronically, in writing or by direct delivery of the goods to the Buyer. The minimum order value is CZK 5,000 (without VAT, without possible shipping fees or transport costs, recycling fees and royalties). Orders of lower value will not be accepted.
If the Seller makes a counter-proposal to the Buyer within two working days of receiving his order (if the order is received on a working day after 4:00 p.m., within three working days), which differs from the order only in terms of the delivery period(s) and the Buyer does not reject it within one working day of receiving it, it means that he agrees with this counter-proposal and a purchase contract is created.
If the Buyer orders a Print, the Seller (if he is satisfied with the order) will send him a graphic rendering of the requested Print of the goods on a special "Print Proofreading" form without undue delay after receiving the order. In case of approval, the Buyer will send the confirmed form back to the Seller as soon as possible. In case of disagreement, he will send his comments to the Seller immediately.

iMi Partner informs that the last seller of electrical equipment intended for use in households is obliged to ensure that the end user has the opportunity, when purchasing electrical equipment, to return the used electrical equipment free of charge at the point of sale or delivery of new electrical equipment.

4. PRICE

The prices listed for the individual goods in the Seller's offer on his website apply to the goods. These prices are quoted without VAT. The prices listed on the WWW: https://imi.weby.cz/sluzby/ apply for services.
The seller may change the prices of goods or services at any time, but not retroactively.
The prices listed for individual goods in the Seller's offer on his website are ex-stock at his headquarters (Brno, Dusíkova 3). For the delivery of the goods to a place other than this warehouse, the Buyer will pay the Seller:
- if the place of delivery is located in the territory of the city of Brno, or if the place of delivery is the Seller's warehouse in Prague, Ostrava or Pilsen, a flat-rate amount - an expedition fee, the amount of which (without VAT) amounts to 1% of the price of the goods to the given place of delivery, but at least CZK 120
- if it is a different place of delivery, the actual cost of transporting the goods from the warehouse at the Seller's headquarters to the place of delivery. At the Buyer's request, the Seller will inform him of the amount of these costs in advance.
For the purpose of calculating the shipping fee, the price of the goods means only the purchase price of the goods themselves without VAT, i.e. without the price of services, without recycling fees and royalties. If only services are provided, it is based on the price of the services (excluding VAT) provided in connection with the delivered goods.
The Seller charges a recycling fee separately from the price of the goods (these are the costs of taking back, processing and removing electrical equipment put on the market before August 13, 2005 - the so-called PHE), the Buyer will pay this fee to the Seller in addition to the purchase price of the goods in the specified amount By the seller.
If the law requires the Seller to pay royalties to the collective administrator of copyright and copyright-related rights in connection with trading (e.g. import, acceptance) of goods that are the subject of a purchase contract between the Seller and the Buyer, the Buyer shall pay the Seller this remuneration in addition to the purchase price of the goods in the amount determined by a generally binding legal regulation, in which the Seller is obliged to pay it to the collective administrator. The seller publishes the amount of these rewards and the types of goods for which he is obliged to pay them to the collective administrator on his website.

5. DELIVERY TERMS

The delivery of the goods is carried out:
- if the place of delivery is one of the Seller's warehouses, by the Seller allowing the Buyer to handle the goods in the relevant warehouse
- if the place of delivery is another place, by handing it over for dispatch to this place to the agreed carrier (if not agreed , the carrier designated by the Seller or - at the Seller's option - by transporting the goods to this location by the Seller).
The previous paragraph applies similarly to the provision of services (e.g. printing of the Buyer's goods), in which case the goods according to the previous paragraph mean the goods with which the services are related.
The delivery date is 2-4 weeks from the conclusion of the purchase contract for goods without a Print and 3-5 weeks from reaching an agreement regarding the proofreading of the Print for goods with a Print or for the services themselves. However, this delivery date or another delivery date, if agreed, does not apply if the Seller does not have the goods in stock (at the relevant time - i.e. to be able to deliver them to the Buyer in time) and neither does his supplier, who supplies them (goods in stock means goods in the necessary quantity, which the Seller or supplier can freely dispose of - i.e. not sold, promised, etc.). In this case, the Seller is obliged to notify the Buyer of this fact and the latter has the right to withdraw from the purchase contract.
With the delivery of the goods, the Buyer will receive a delivery note.
In the event that the Seller delivers more goods than what was agreed, the Buyer has the right to reject the excess goods, accept them in part or in full. In the event that the Seller delivers goods other than those agreed upon, or goods with other characteristics than those agreed upon, the Buyer has the right to reject the goods.     
The Buyer can exercise the right to reject the goods directly upon receipt of the goods by refusing to accept the goods from the carrier or the Seller, or in the event that he discovers the aforementioned facts only subsequently during the inspection of the goods, by communicating the refusal with the simultaneous dispatch of the goods to the address of the Seller's registered office at the Seller's expense. The buyer is obliged to send the goods to the seller no later than 7 days from the date of receipt.

Carrier: 

1) PPL

2) Czech Post

6. PAYMENT TERMS

If the payment of the purchase price is not agreed upon, the Buyer must pay the purchase price in full in advance (before the delivery of the goods or provision of services) based on the advance invoice issued by the Seller, within the period (or at the time) specified in the given invoice. If the Buyer does not pay the purchase price properly and on time, the purchase contract is terminated.
If the payment of the purchase price is agreed within the period before the delivery of the goods (or the provision of services) and the Buyer does not pay the purchase price properly and on time, the purchase contract is terminated.
If the payment of the purchase price is agreed upon delivery of the goods (or provision of services), or within the period after its delivery (or provision of services), the Seller, if the Buyer does not pay the purchase price properly and on time, has the right to a contractual penalty in the amount of 0, 5% of the purchase price for each day of delay, including the day of payment (which does not affect the right to interest due to delay given by law, nor the right to compensation for damages, even in an amount exceeding the contractual penalty), the Seller also has the right to withdraw from the purchase contract, becomes if this is the case, the right to a contractual penalty remains preserved, this also applies to the right to compensation for damage caused by breach of the purchase contract in full.
The method of payment of the purchase price is determined by the Seller.
The purchase price in this article 6. means:
- the purchase price of the goods, if only the goods without services are delivered, or
- the sum of the purchase price of the goods and the price of the services, if the goods are delivered with services, or
- the price of the services, if only provided services,
always in the sum of shipping fees or transport costs, recycling fees and royalties within the meaning of the last paragraph of Article 4 of these terms and conditions. The payment of the purchase price therefore means only the payment including all these possible items.
The Buyer shall confirm receipt of each invoice, including advance payments, to the Seller without undue delay.

Payment options:

1) Bank transfer

2) Cash

3) By card at the branch 

Komerční banka account number:  115-4605340217/0100

ČSOB account number:  198442284/0300

7. QUALITY WARRANTY, DEFECTIVE PERFORMANCE RIGHTS

Due to the type of goods and the purpose of its use, the Seller does not guarantee any specific properties of the goods, but guarantees that the goods will retain the properties usual for goods of this type for the specified warranty period. However, the warranty assumed in this way does not apply to the printing of the delivered goods.
In the exceptional case of non-compliance with the quality of the goods within the warranty period, the Buyer shall immediately notify the Seller of this fact in the form of a complaint, where he shall state the requirements given by these terms and conditions and the law. In the event of a justified complaint, the Buyer has rights according to the Act. The warranty period is 6 months and begins on the day of delivery. If the defects concern only a part of the goods, claims from defects relate only to this defective part of the goods. In the event that the goods show obvious (obvious) defects upon collection, the Buyer is obliged, in order to maintain claims for defective goods according to the law, to notify the Seller of the defects of the goods immediately, no later than within seven days of the delivery of the goods. If the goods are delivered in the Seller's warehouse, the Buyer will check the quantity and quality of the goods by visual inspection on the spot, which he will confirm by signing the delivery note.
In the event of any complaint, the Buyer shall also attach the defective goods to the complaint, complete as delivered (in the case of sets of goods, the entire set). The complaint must contain the product code, a description of the defect, the defective quantity of the product and the Buyer's request. Complaints about the missing quantity of goods must include the product code and the number of missing pieces.
Within 30 days at the latest, the Seller will assess the goods claim and agree with the Buyer on the method of handling it. 

In an out-of-court settlement, the buyer has the right to turn to a third party - the Czech Trade Inspection, www.coi.cz. 

8. IMPOSSIBILITY OF PERFORMANCE IN CIRCUMSTANCES EXCLUDING LIABILITY

If the Seller cannot properly or timely fulfill its obligation to deliver goods or provide services due to reasons falling under circumstances excluding liability within the meaning of the law, it will report this fact to the Buyer without undue delay and has the right to either extend the delivery period(s) or withdraw from the purchase contract , without liability for any damage incurred by the Buyer. If the given impossibility concerns only part of the goods (services) that is the subject of the purchase contract, the Seller has these rights only with regard to this part of the goods (services).
If the Seller extends the delivery period(s) in accordance with the previous paragraph, the Buyer has the right to withdraw from the purchase contract within one working day of receiving the message about the extension of the delivery period(s), otherwise it is considered that he agrees to the extension of the delivery period(s). The last sentence of the previous paragraph applies similarly to the Buyer's right of withdrawal.
If the Buyer has the right to withdraw from the purchase contract, whether in its entirety or only with regard to part of the goods (services), he can always withdraw to a lesser extent.

9. SPECIAL ARRANGEMENTS

The seller reserves the right to deliver goods with a difference of 5% from the agreed quantity, if this happens, by delivering a different quantity of goods, the purchase price will automatically change proportionally.

10. FORM OF ACTS

All legal acts of the Seller and the Buyer relating to the delivery of goods or the provision of services (as well as all other than legal acts mentioned in these terms and conditions) must be in writing, it can be in any written form - even an e-mail message will suffice, even without e-mail. signature.

11. WITHDRAWAL FROM THE CONTRACT (only applies to Buyer-consumers)

11.1. The Buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the Buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging that the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging.

11.2. If it is not a case referred to in Article 11.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, within fourteen (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Buyer can use the sample form provided by the Seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the Buyer to, among other things, the address of the Seller's place of business or the Seller's e-mail address .

11.3. In case of withdrawal from the purchase contract according to Article 11.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days of delivery of the withdrawal from the purchase contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.

11.4. In the case of withdrawal from the purchase contract according to Article 11.2 of the terms and conditions, the Seller will return the funds received from the Buyer within fourteen (14) days of the withdrawal from the purchase contract by the Buyer, in the same way as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer when the goods are returned by the Buyer or in another way, if the Buyer agrees to this 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.

11.5. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer's claim for a refund of the purchase price.

11.6. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with § 1829, paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, up until the time of acceptance of the goods by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, without cash to the account specified by the Buyer.

11.7. 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 severance condition that if the Buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the Buyer is obliged to return, together with the goods to the Seller, gift given.

12. RIGHTS FROM DEFECTIVE PERFORMANCE

12.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (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).

12.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods:

12.2.1. the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties that the Seller or the manufacturer has described or that the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

12.2.2. the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,

12.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

12.2.4. is the goods in the corresponding quantity, measure or weight and

12.2.5. the goods comply with the requirements of legal regulations.

12.3. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

12.4. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. If the period during which the goods can be used is indicated on the sold goods, on their packaging, in the instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the Seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the Buyer justifiably accuses the Seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective goods.

12.5. The provisions stated in Article 12.4 of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of receipt By the buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect himself.

12.6. Rights from liability for product defects apply to the Seller. However, if in the confirmation issued by the Seller regarding the scope of rights from liability for defects (in the sense of the provisions of § 2166 of the Civil Code) another person designated for repair is indicated who is at the Seller's location or at a location closer to the Buyer, the Buyer shall exercise the right to repair with that , who is intended to carry out the repair. With the exception of cases where another person is appointed to carry out the repair according to the previous sentence, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at the Seller's registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer of when the Buyer exercised the right, what the content of the claim is and what method of handling the claim the Buyer requires; and further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. This obligation also applies to other persons appointed by the Seller to carry out repairs.

12.7. Rights from liability for product defects can be specifically exercised by the Buyer in person at Dusíkova 3, Brno, by phone at 545425411 or by e-mail at imi@imi.cz

12.8. The Buyer shall inform the Seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the Buyer without the consent of the Seller; this does not apply if the Buyer requested the repair of a defect that turns out to be irreparable.

12.9. If the goods do not have the characteristics specified in Article 12.2 of the terms and conditions, the Buyer may also demand the delivery of new goods without defects, if this is not unreasonable due to 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, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the Buyer has the right to remove the defect free of charge. The Buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair the goods, he can demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, as well as if the Seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the Buyer.

12.10. Anyone who has a right according to § 1923 of the Civil Code is also entitled to reimbursement of costs purposefully incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the Seller objects that the right to compensation was not exercised in time.

12.11. Additional rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.

13. EFFECTIVENESS OF THE TERMS AND CONDITIONS, CHANGES THEREOF

These terms and conditions take effect on 18 March 2021. The current terms and conditions published on the Seller's website are hereby cancelled.
The seller has the right to change these terms and conditions at any time.

Ing. Tomáš Kaderka,
CEO of the company