General Terms and Conditions of Sale for Entrepreneurs and Legal Persons
The General Terms and Conditions of Sale for Entrepreneurs and Legal Persons (hereinafter referred to as the “Terms“) apply to contracts negotiated via the online shop Daydream Kingdom, placed on the website www.daydreamkingdom.com (hereinafter referred to as the “website”) between
Mimi Déco s.r.o., with registered office at Farského 1385/1, 170 00 Praha 7 – Holešovice, Czech Republic
Registration No.: 05907128
VAT ID: CZ05907128
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 272809
Delivery address: Mimi Déco s.r.o., Farského 1385/1, 170 00 Praha 7 – Holešovice, Czech Republic
Telephone number: +420 234 280 782
Contact email: email@example.com
as the seller
and the entrepreneur or legal person
as the purchaser
(hereinafter jointly referred to as the “parties”)
- General Provisions
- The Terms define and specify elementary rights and obligations of the parties when concluding a sales contract or other contract here mentioned (hereinafter referred to as the “contract”) through the website.
- The provisions of the terms are necessary part of the contract. The provisions different from the Terms can be agreed in the contract. The different provisions agreed in the contract take precedence over the provisions of the Terms. The Terms can be changed or amended by the seller. The rights and obligations of the parties are always governed by the Terms as defined from the moment when these rights and obligations arose. The rights and obligations are also governed by the and by the conditions mentioned on the website, particularly during concluding the contract. Issues not modified here will be governed by the legislation, particularly by Act no. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the “Civil Code“).
- The Terms are intended for purchasers who are entrepreneurs and for legal persons. These Terms shall not apply for contracts concluded with consumers; instead, the General Terms and Conditions of Sale for Consumers shall apply.
- The purchaser becomes owner of the goods by paying the whole price, but not before takeover of the goods.
- The purchaser validates familiarization with the Terms and consent with its content by sending purchase order.
- Order and Contract Conclusion
- On the website, there is a list of goods including the description of main characteristics of particular items; the price of the goods becomes visible only after signing into a purchaser’s user account. Presentation of the goods is for information only and it is not seller’s offer for concluding a contract of sale in the meaning of Section 1732 par. 2 of the Civil Code. For concluding the contract of sale, it is necessary that the purchaser is registered on the website and sends a purchase order and that the seller accepts such purchase order.
- The purchase order is made through website, or, if appropriate, by another mean mentioned on the website or according to the agreement of the parties. The purchase order must include exact name of the ordered goods (or number marking of the goods), the amount of goods, chosen method of payment and delivery, and contact details of the purchaser (name and surname or name of the company, identification number, address for delivery, telephone number, e-mail address). The purchaser is obliged to prove that he is an entrepreneur of kids’ goods and enter valid identification number to the purchase order. The purchaser should have his own physical store or online shop (it cannot be Instagram, Facebook, Etsy, Amazon, eBay or similar accounts or shops - these platforms are not considered to be eligible for the Terms).
- The seller is not obliged to confirm the received purchase order. The unconfirmed purchase order is not binding for the seller. The seller is entitled to verify order, in case of any doubt about the authenticity and seriousness of the order. Unauthenticated order can be refused by the seller.
- The contract is concluded as of the moment when the binding order acceptance is delivered to the purchaser by the seller.
- The seller sets a minimum order value of the goods to be 380 EUR without VAT or an equivalent amount in another currency (shipping fee doesn’t count into minimal order value).
- In case of cancellation of the order by the purchaser, the seller has the right to have paid cancellation fee as high as 50% from the goods price. If the purchaser has already paid costs related to the contract, the full amount of these costs will be also compensated by the purchaser. Payment of the cancellation fee shall not affect the seller's right to compensation for the damage incurred.
- Delivery conditions
- The seller is obliged to deliver the goods to the purchaser by agreed mean, properly packed and with necessary documents. If it is not agreed otherwise, the documents are in Czech language.
- On the basis of the agreement between parties, the seller can provide the transportation and delivery insurance for the duration of the transportation. The purchaser is obliged to pay the price of the transportation and insurance according to the valid tariff of the carrier. The handover of the goods to the carrier is considered as the delivery of the goods. The risk of damage passes to the purchaser by the delivery of the goods.
- Before the takeover of the goods, the purchaser is obliged to check the integrity of the packing and in the case of defect, report this defect to the carrier without undue delay. In such case, the protocol to defect will be written up. If the protocol is not written up, the purchaser loses his claim related to the violated packing of the goods.
- The purchaser is obliged to check the goods without delay, particularly he is obliged to check the amount of the goods and its complementarity. In case of non-compliance, the purchaser is obliged to report this non-compliance to the seller without undue delay, at the latest till 10 working days since the takeover of the goods. The purchaser is obliged to properly document the defects and send the documentation together with the defect report to the seller.
- If the purchaser does not take the goods over, the seller´s right to require the payment of the price is not affected thereby.
- Payment conditions
- The purchase price can be paid by the means mentioned on the website or by the means agreed between the parties or by the following means:
- via bank transfer to the bank account of the seller prior the delivery on the basis of the backed-up invoice;
The seller is entitled not to enable the payment after the delivery of the goods. The payment mean is usually dedicated to the permanent consumers. If it is not agreed otherwise, the invoice is sent together with the goods as well as the delivery note.
- In case of a cash payment, the purchase price is due as of the takeover of the goods. In case of a non-cash payment, the purchase price is due within five days from the acceptance of the order, if it is not agreed otherwise by the parties. The obligation of the purchaser to pay the purchase price, when using a non-cash payment method, is fulfilled as of the moment the seller receives the respective payment at his bank account.
- The full purchase price must be paid before sending the goods to the purchaser. In case of pre-ordering the goods, the purchaser is obliged to pay 50% of the purchase price immediately according to Article 4.2 of the Terms and the remaining 50% after notification of the seller that the goods are made and ready for delivery.
- Regular purchasers, i.e. purchasers who usually order at least 4 orders of the goods per year, can pay for the goods according to Net 15 (with payment delayed up to 15 days). Whether a purchaser has a regular purchaser status can be ascertained in purchaser’s user account. The seller reserves the right not to grant regular purchaser status.
- In case of purchaser´s delay with the payment the seller is entitled to stop the other agreed deliveries of the goods, until the moment of payment of all the debts of the purchaser.
- Payment is possible in Euros (EUR) or Czech crowns (CZK) or in another currency if the web interface allows it.
- Withdrawal from the contract
- The seller is entitled to withdraw from the contract at any time before the takeover of the goods. In such case, the seller will refund the purchaser with the price that has been already paid, in non-cash payment to the account that have been communicated for this purpose or for the account from which were the money sent (if the purchaser will not communicate the account till 5 days since the withdrawal).
- The seller is entitled to withdraw from the contract if the purchaser is delayed with the payment for more than 4 weeks. In such case, the seller is also entitled to require agreed penalty in the amount of 50% from the goods price.
- The purchaser is entitled to withdraw from the contract if the seller is delayed with delivery of the pre-ordered goods longer than 50 days after the agreed date of departure of the pre‑ordered goods.
- The purchaser is entitled to withdraw from the contract if the seller is delayed with the goods delivery for more than 4 weeks from the agreed day of delivery.
- The purchaser is not entitled to withdraw from the contract if the goods were delivered properly, at time and without any defects.
- Withdrawal from contract must be performed in written way, in the case of electronically agreed contract also in electronic way. The withdrawal is effective as of the moment of the delivery of the withdrawal to the other party.
- If there has been a gift provided with the goods, the gift contract loses its effectivity by withdrawal from the contract by any of the parties.
- Rights from defective performance
The conditions of defective performance rights and guarantee liability are governed by the Warranty Claim Guidelines for Entrepreneurs and Legal Persons of the seller.
- The Protection of Trade Secrets and Trade Policy of the Seller
- During negotiating the contract and its fulfilling can be the purchaser told information that are pointed to be private or which are obviously private. The purchaser is obliged to:
- keep the information private;
- not provide the information to the third person without seller´s consent;
- not use the information for another purpose than for fulfilling of the contract;
- not use the information for any harmful purpose.
- The purchaser is not entitled to make copies of the documents received by the seller without his explicit consent.
- REGISTRATION ON THE WEBSITE
- By the registration via the registration form situated on the website a user account is created. The purchaser is obliged to keep the access data to the user account in secret. The seller is not responsible for any misuse of the user account by a third party.
- Information provided within the registration must be truthful and complete. The seller is authorised to delete an account, created with false or incomplete data, without any compensation. In case of change of the user details the seller recommends their change in the user account without undue delay.
- Through the user account the purchaser can primarily make and track his purchase orders and manage the user account. Any other features of the user account are always stated on the website.
- The seller has the right to delete purchaser's user account without any compensation, if violation of good manners, valid legal regulation or these Terms occurs via your user account.
- COPYRIGHT PROTECTION, LIABILITY AND USING THE WEBSITE
- The content placed on the website (texts, photographs, images, logos etc.), including the software and these Terms, is protected by seller's copyright and may be protected by other rights of other persons. The purchaser is forbidden to modify, copy, reproduce, distribute or use it for any purpose without our consent or consent of a copyright holder. In particular, it is forbidden to make available any photos and texts placed on the website either paid or free of charge.
The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.
- The seller is not liable for errors originating due to interference of third persons with the website or due to its use contrary to its purpose. While using the website the purchaser cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.
If the purchaser commits any illegal or unethical act during the use of the website, the seller is entitled to restrict, suspend or terminate purchaser's access to the website without any compensation. In this case, the purchaser is obliged to pay compensation for the damage to the seller, which he clearly incurred due to purchaser’s acts under this paragraph, in full amount.
By clicking on certain links on the website the purchaser might exit the website and be redirected to websites of third parties.
- Final Provisions
- If there is an international (foreign) element related to the usage of the web interface, the parties agree that their relation is governed by the Czech law (excluding the application of the United Nations Convention on Contracts for the International Sales of Goods).
- Should it be the case that any provision of the Term is invalid, ineffective or inapplicable (or will become as such), the provision, which by its sense is closest to the invalid, ineffective or inapplicable provision, will apply. By the invalidity, ineffectiveness or inapplicability of one provision shall not be affected the validity of the remaining provisions. The contract, including the Terms, can be changed or amended in writing only.
The Terms are valid and effective as of 17. 4. 2020