Terms and Conditions
e-shop www.nimco.cz
(hereinafter referred to as the "T&C")
1. Introductory Provisions
2. User Account
3. Conclusion of the Purchase Agreement
4. Payment Terms
5. Delivery Terms, Shipping, and Shipping Costs
6. Withdrawal from the Purchase Agreement, Return of Goods
7. Rights Arising from Defective Performance (Complaints Procedure)
8. Costs of Complaints and Dispute Resolution
9. Delivery
10. Sending Commercial Communications and Storing Cookies
11. Assignment and Set-off of Claims
12. Termination of the Agreement
13. Information on Personal Data Processing
14. Final Provisions
15. Annexes and Forms
Company: ROMVEL, s.r.o. / Nimco
Registered Office: Dr. Milady Horákové 561/86a, Liberec VII-Horní Růžodol, 460 07 Liberec, Czechia, EU
File Number: C 9693 maintained by the Regional Court in Ústí nad Labem
Company ID (IČ): 64049442
VAT ID (DIČ): CZ64049442
E-shop URL Address: https://www.nimco.cz
E-mail Address: eshop@nimco.cz
Phone: +420 485 107 441
Bank Connection for Payments in CZK
Account Number: 985222379/0800
IBAN: CZ57 0800 0000 0009 8522 2379
SWIFT: GIBACZPX
Bank Connection for Payments in EUR
IBAN: CZ57 0300 0000 0002 5999 6601
SWIFT: CEKOCZPP
1. Introductory Provisions
1.1 These general terms and conditions (hereinafter referred to as the "T&C") of the above-named seller (hereinafter referred to as the "Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another person (hereinafter referred to as the "Buyer") via the Seller's online store. The online store is operated by the Seller at the e-shop URL address specified in the heading via a web interface (hereinafter referred to as the "Store Web Interface").
1.2 Provisions differing from the terms and conditions may be negotiated in the Purchase Agreement. Differing provisions in the Purchase Agreement shall take precedence over the provisions of the terms and conditions.
1.3 The Purchase Agreement and the terms and conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4 The Seller may change or supplement the wording of the terms and conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
1.5 The provisions of the terms and conditions are an integral part of the Purchase Agreement. By submitting an order, the Buyer confirms that prior to the conclusion of the Purchase Agreement, they have familiarized themselves with these terms and conditions, as well as with the Seller's complaints procedure and the personal data processing policy which form an annex thereto, and that they unreservedly agree with them in the wording valid and effective at the moment the order is submitted.
1.6 These terms and conditions are further in compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, and in compliance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (General Data Protection Regulation, hereinafter referred to as the "GDPR Regulation").
2. USER ACCOUNT
2.1 Based on the Buyer's registration performed on the website, the Buyer may access their user interface. From their user interface, the Buyer may order goods (hereinafter referred to as the "User Account"). If the Store Web Interface permits, the Buyer may also order goods without registration directly from the Store Web Interface.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information specified in the User Account upon any change thereof. The information provided by the Buyer in the User Account and when ordering goods shall be considered correct by the Seller.
2.3 Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4 The Buyer is not authorized to allow third parties to use the User Account.
2.5 The Seller may cancel the User Account, particularly if the Buyer has not used their User Account for more than five years, or if the Buyer breaches their obligations under the Purchase Agreement (including the terms and conditions).
2.6 The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1 All presentation of goods placed in the Store Web Interface is of an informative nature and the Seller is not obliged to conclude a purchase agreement regarding such goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The Store Web Interface contains information about the goods, including the prices of individual goods. The prices of goods are stated including value-added tax, the recycling fee for the return collection, processing, utilization, and disposal of waste products, and all related fees. The prices of goods shall remain valid for as long as they are displayed in the Store Web Interface. This provision does not limit the Seller's ability to conclude a purchase agreement under individually negotiated conditions.
3.3 The Store Web Interface also contains information on the costs associated with the packaging and delivery of goods.
3.4 To order goods, the Buyer shall fill out the order form in the Store Web Interface. The order form contains in particular information about:
a) the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the Store Web Interface),
b) the method of payment of the purchase price of the goods and the costs associated with the payment of the purchase price,
c) information on the requested method of delivery of the goods and the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 The Buyer agrees to the use of means of distance communication in concluding the Purchase Agreement. The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (internet connection costs, telephone call costs) shall be borne by the Buyer themselves, and these costs do not differ from the basic rate.
3.6 The subject of purchase under the Purchase Agreement is the goods specified in the binding order confirmation by the Seller, by which the Purchase Agreement is concluded (hereinafter also referred to as the "Goods"). Neither assembly nor installation of the goods is the subject of the agreement or part of the purchase price. Assembly or installation of the delivered goods is not provided. Information on goods available on the Seller's website is stated according to currently available data and information. The data on the goods, including the purchase price at the time the Buyer delivers the order to the Seller, shall be decisive. Illustrated accessories and add-ons are not part of the purchased goods unless explicitly stated otherwise in the goods description.
3.7 The Seller is always entitled, depending on the character of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (e.g., in writing or by phone).
3.8 The contractual relationship between the Seller and the Buyer arises upon the acceptance of the order by the Seller (acceptance).
3.9 Additional changes and supplements to an already placed order by the Buyer must be made via the e-mail specified in the heading or by telephone; however, such changes and supplements shall be effective against the Seller only after being approved by the Seller.
3.10 If the Store Web Interface permits, the Buyer shall order goods via the Store Web Interface, via e-mail communication, or by telephone.
3.11 Neither carriage upstairs nor assembly of the goods is the subject of the agreement or part of the purchase price.
3.12 In the event that the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, they acknowledge that the Seller is entitled to unilaterally withdraw from the Purchase Agreement until the moment the goods are delivered to the Buyer.
4. PAYMENT TERMS
4.1 The goods shall be handed over to the Buyer only after full payment of the purchase price and the shipping and payment fee (hereinafter referred to as "Shipping") in accordance with these terms and conditions.
4.2 The Buyer may pay the purchase price and shipping:
a) cash on delivery upon receipt of the goods from the transport service
b) cashlessly by payment card
c) cashlessly by bank transfer to the account specified in the heading of these T&C
d) cashlessly by payment card or in cash upon personal pickup at the Seller's establishment
4.3 Along 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 explicitly stated otherwise, the purchase price shall also be understood to include the costs associated with the delivery of the goods.
4.4 In the case of payment by cash on delivery or upon personal pickup at the Seller's establishment, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the Purchase Agreement, and the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account. In the event of the Buyer's delay in making such payment, the Seller is entitled to withdraw from the Purchase Agreement.
4.5 In the case of cashless payment by bank transfer, the Buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment.
4.6 The Seller is a payer of value added tax. The Seller shall issue a tax document – invoice to the Buyer after payment of the price of the goods.
4.7 Ownership rights to the goods pass to the Buyer upon full payment of the purchase price. The Seller is entitled to request a deposit of up to the full amount of the purchase price. The Buyer is entitled to take over the goods only after paying the entire purchase price of the goods. Upon taking over the goods, the Buyer is obliged to prove themselves with the proof of purchase of the goods.
5. DELIVERY TERMS, SHIPPING, AND SHIPPING COSTS
5.1 The place of delivery of the goods is the delivery address specified by the Buyer in the order, unless the Seller and the Buyer subsequently agree otherwise.
5.2 The Seller delivers goods only within the territory of the Czech Republic, the Slovak Republic, Germany, France, Lithuania, and Slovenia. Other countries upon prior agreement.
5.3 The goods shall be delivered to the Buyer within a maximum of 30 business days, unless a shorter period or, in justified cases, a longer period (e.g., modifications of goods at the customer's request) is stated for the goods on their product card in the e-shop.
5.4 The delivery period is calculated from the day of payment of the entire purchase price to the Seller, with the exception of cash on delivery and payment at the establishment upon receipt of the goods.
5.5 The price for the transport of goods to the delivery address designated by the Buyer within the aforementioned states is carried out in accordance with the conditions specified below in Annex No. 2 of these T&C.
5.6 The goods are delivered to the delivery address specified in the order to the first entrance door or outer gate, if conditions permit. In the case of arranging carriage upstairs, they are delivered directly to the Buyer's apartment.
5.7 Partial deliveries are permissible unless explicitly agreed otherwise.
5.8 In justified cases, physical cooperation of the Buyer may be required during unloading, particularly, but not exclusively, in cases where the vehicle transporting the goods cannot approach closer than 10 meters from the first house door.
5.9 The Buyer is obliged to ensure access roads to the agreed place of delivery and receipt of the goods at the agreed time. If the Buyer frustrates the delivery of the goods, any further delivery attempt may be charged an amount of up to CZK 200. In such a case, the Buyer is obliged to pay this amount to the Seller before another delivery attempt, or to pick up the goods personally at their establishment at their own expense, see below.
5.10 In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the full risk and any additional costs associated with this method of transport.
5.11 The Buyer is obliged to properly inspect the goods upon receipt from the carrier. If the Buyer discovers damage to the shipment upon delivery by the carrier, which they believe was caused during transport, or if the number of actually delivered packages does not correspond to the number of packages stated on the carrier's consignment note, the following procedure is recommended for such a claim. The Buyer shall state the defects or incorrect number of packages as a reservation in the carrier's consignment note and send it by e-mail to the Seller without undue delay, no later than 3 business days from the day the shipment was delivered to the Buyer. If possible, the Buyer should not manipulate the shipment in any way and should ensure the preservation of the packaging in which the shipment was delivered. At the same time, the Buyer shall send photo documentation of the damaged goods, packaging, and the carrier's report.
5.12 The personal pickup service is free of charge. The ordered goods can be picked up at the Seller's establishments.
5.13 Upon personal pickup, the Seller is entitled to verify the identity of the Buyer.
5.14 In the event of choosing the personal pickup described above, the Buyer shall pick up the goods within ten business days from the day of concluding the Purchase Agreement. In the event of the Buyer's delay in picking up the goods, the Seller is entitled to withdraw from the relevant Purchase Agreement.
5.15 The Seller reserves the right to unilaterally change the carrier chosen by the Buyer if it is in the Buyer's interest with regard to the current workload of carriers or the character of the shipment. In the event of such a change to a more expensive method of transport, this difference shall not be charged to the Buyer, and the Buyer is obliged to pay the Seller only the originally agreed price for the transport of the goods.
5.16 In the event that the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, the following specified provisions of this article of the T&C shall also apply.
5.17 Delivery periods are extended in the event that the Seller is temporarily or permanently prevented from performance by force majeure, as an extraordinary unpredictable and unavoidable obstacle arising independently of their will. This also applies in the event that these circumstances occur at the suppliers and subcontractors of the Seller or if it is their own operational shutdown. The aforementioned also applies to circumstances which, under the fulfillment of the aforementioned conditions, would prevent the Seller from fulfilling their obligations to the Buyer.
If the entire purchase price is not paid within 14 days of order confirmation or the agreed due date, the Seller may unilaterally withdraw from the Purchase Agreement.
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT, RETURN OF GOODS
6.1 The Buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from, inter alia, a purchase agreement for the supply of goods that have been modified according to the Buyer's wishes or for their person, a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, and a purchase agreement for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons.
6.2 If it is not a case referred to in the previous paragraph or another case where withdrawal from the purchase agreement is not possible, the Buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the Purchase Agreement within thirty (30) days of receipt of the goods, whereas in the event that the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For the purpose of withdrawing from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms Annex No. 1 of the terms and conditions.
This right to withdraw from the Purchase Agreement without giving a reason applies only to a Buyer who is a consumer. A Buyer who concludes the Purchase Agreement within the scope of their business activity or within the independent performance of their profession does not have this right.
Withdrawal from the Purchase Agreement may be sent by the Buyer, inter alia, to the address of the Seller's establishment or to the Seller's e-mail address.
6.3 In the event of withdrawal from the Purchase Agreement pursuant to this article of the T&C, the Purchase Agreement is cancelled from the outset. The goods must be returned by the Buyer to the Seller within thirty (30) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even in the case where the goods cannot be returned by standard postal route due to their nature.
6.4 In the event of withdrawal from the Purchase Agreement pursuant to this article of the terms and conditions, the Seller shall return the funds received from the Buyer for the goods within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer, unless agreed otherwise with the Buyer. The Seller is also entitled to return the performance provided by the Buyer already upon the return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that they have sent the goods to the Seller.
6.5 The Buyer acknowledges that the Seller is entitled to unilaterally set off the claim for compensation for damage caused to the returned goods against the Buyer's claim for a refund of the purchase price.
6.6 The costs of transporting the goods from the Buyer to the Seller upon withdrawal from the agreement shall be borne by the Buyer, who is not entitled to demand their refund from the Seller.
6.7 In all cases of withdrawal pursuant to this paragraph, the Buyer further expressly acknowledges that payments for assembly or carriage upstairs are not part of shipping and will not be refunded to the Buyer.
6.8 If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a resolutory condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement regarding such a gift loses effectiveness and the Buyer is obliged to return the provided gift to the Seller together with the goods.
6.9 A Buyer who concludes the Purchase Agreement in connection with their business activity or within the independent performance of their profession is not a consumer and does not have the right to withdraw from the Purchase Agreement without giving a reason within the period according to Article 6.2 of these T&C. Any return of goods by such a Buyer is possible only on the basis of a prior agreement with the Seller.
6.10 For goods which, due to their nature, dimensions, and fragility, are delivered on a pallet, especially mirror cabinets, the Buyer is obliged in the event of withdrawal from the Purchase Agreement to ensure the return of the goods on a pallet in a manner that ensures their safe transport and protection against damage. Mirror cabinets are shipped exclusively on a pallet due to their nature, dimensions, and fragility, and for this reason, they must also be returned to the Seller on a pallet.
The Buyer may arrange the return transport at their own expense and responsibility, while being obliged to ensure proper packaging and securing of the goods on the pallet so that they are not damaged during transport.
In the event that the Buyer asks the Seller to arrange the return transport of a mirror cabinet, the costs of arranging this transport within the Czech Republic amount to CZK 2,000 per one mirror cabinet / one pallet. This amount represents the costs of return pallet transport of the goods and is not a penalty or fee for withdrawal from the Purchase Agreement.
In the event of returning goods from abroad, the return transport costs shall be determined individually according to the carrier's current costs and approved in advance by the Buyer.
In the event that the return transport is arranged by the Seller, the Buyer is obliged to agree in advance on the pickup date and ensure that the mirror cabinet is properly prepared for receipt by the carrier, especially properly packed and safely placed and secured on the pallet. The Buyer is responsible for the proper preparation of the goods for transport.
The Seller is not obliged to accept goods that are not prepared for safe transport, especially if the goods are not properly placed and secured on the pallet. This shall not affect the statutory right of the Buyer to withdraw from the Purchase Agreement.
The purchase price shall be refunded to the Buyer after receipt of the returned mirror cabinet by the Seller and after its inspection. This shall not affect the provision of Article 6.4 of these T&C, according to which the Seller is entitled to wait with the refund of funds until they receive the returned goods or proof of their dispatch.
Additional Information
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE (Complaints Procedure)
7.1 The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular 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).
7.2 The Seller is liable to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the goods:
1.1.1. the goods have the characteristics that the parties have agreed upon and, in the absence of an agreement, have such characteristics that the Seller or manufacturer has described or that the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
1.1.2. the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are usually used,
1.1.3. the goods correspond in quality or design to the agreed sample or specimen, if the quality or design was determined according to the agreed sample or specimen,
1.1.4. the goods are in the appropriate quantity, measure, or weight, and
1.1.5. the goods comply with the requirements of legal regulations.
7.3 The provisions stated in this article shall not apply to goods, inter alia, when:
a) the defect was present on the item at the time of receipt and a discount on the purchase price was agreed for such a defect,
b) the defect is caused by the Buyer and arose from improper use, storage, improper maintenance, intervention by the Buyer, or mechanical damage,
c) the defect arose as a result of an external event outside the Seller's control,
d) it is normal wear and tear of the goods caused by their use, not a defect,
e) the utility and aesthetic values of the goods have been prematurely exhausted by negligent use of the goods
f) it concerns natural properties of natural materials, not a defect (a defect in goods is not an usual color or structural difference in natural or textile materials, lacquered or oiled surfaces, typical properties of wood or bamboo including odor).
g) the defect does not manifest itself on the goods even after thorough expert examination.
7.4 If the defect manifests itself within six months of receipt, it shall be deemed that the goods were already defective upon receipt.
7.5 In the case of glass products and ceramic products, it is not a defect of the goods if the color shade differs from the samples exhibited in the store or from images in printed form. Minor patterns, irregularities, and small dots in the surface of the glass (in the case of glass products) or glaze (in the case of ceramic products) are not defects of the goods.
7.6 It is also not a defect of the goods if individual pieces of the same ceramic goods differ slightly in shape up to a deviation of 2% of the stated dimensions.
7.7 The Seller has obligations from defective performance at least to the extent to which the manufacturer's obligations from defective performance last. Otherwise, the Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four (24) months of receipt. If the Buyer is a company, a 12-month warranty applies. If a period during which the goods may be used is stated on the sold goods, their packaging, in the instructions attached to the goods, or in advertising in accordance with other legal regulations, the provisions on quality warranty shall apply. By the quality warranty, the Seller undertakes that the goods will be fit for use for the usual purpose or that they will retain usual characteristics for a certain period. If the Buyer rightfully pointed out a defect in the goods to the Seller, the period for exercising rights from defective performance nor the warranty period shall run for the period during which the Buyer cannot use the defective goods.
7.8 The provisions stated above in this article of the T&C shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their ordinary use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when received by the Buyer, or if it follows from the nature of the goods. The Buyer is not entitled to a right from defective performance if the Buyer knew before taking over the goods that the goods had a defect, or if the Buyer caused the defect themselves.
7.9 Rights arising from liability for defects in goods are exercised with the Seller. However, if another person designated for repair is stated in the confirmation issued by the Seller regarding the scope of rights from liability for defects (in the sense of Section 2166 of the Civil Code), which is located in the Seller's place or in a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair. Except in cases where another person is designated to carry out the repair according to the previous sentence, the Seller is obliged to accept a complaint in any establishment where acceptance of a complaint is possible with regard to the assortment of products sold or services provided, or also at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer stating when and how the Buyer exercised the right, what the content of the complaint is, and what method of settling the complaint the Buyer requires; and further a confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller to carry out the repair.
7.10 The Buyer shall inform the Seller which right they have chosen upon notifying the defect, or without undue delay after notifying the defect. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the Buyer requested the repair of a defect which proves to be irreparable.
7.11 If the goods do not have the characteristics specified in this article of the terms and conditions, the Buyer may also request the delivery of new goods without defects, unless this is disproportionate given the nature of the defect, but if the defect concerns only a component of the goods, the Buyer may request only the replacement of the component; if this is not possible, they may withdraw from the agreement. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer also has the right to the delivery of new goods or replacement of a component in the case of a remediable defect if they cannot properly use the goods due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the agreement. If the Buyer does not withdraw from the agreement or does not exercise the right to the delivery of new goods without defects, to the replacement of their component, or to the repair of the goods, they may request a reasonable discount. The Buyer also has the right to a reasonable discount in the event that the Seller cannot deliver new goods without defects, replace their component, or repair the goods, as well as in the event that the Seller fails to provide remedy within a reasonable time or that providing remedy would cause significant difficulties for the Buyer.
7.12 In the event of replacement of the goods, the running of the previous warranty period, resp. the liability period for defects, continues and a new period does not run.
7.13 Whoever has a right pursuant to Section 1923 of the Civil Code is also entitled to compensation for costs effectively incurred in exercising this right. However, if they do not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court shall not grant the right if the Seller raises the objection that the right to compensation was not exercised in time.
7.14 The Seller reserves the right to minor technical changes to the sold goods.
7.15 The Seller is obliged to decide on the complaint immediately, in more complex cases within three business days. This period does not include the time required for an expert assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the day of exercising the complaint, unless the Seller and the Buyer agree on a longer period. Vain expiry of this period shall be considered a fundamental breach of the agreement. A condition for the running of these periods is that the Buyer has provided the Seller with the necessary cooperation for settling the complaint, i.e., in particular, that they have enabled the Seller to examine the claimed goods.
7.16 The Seller is obliged to confirm to the Buyer in writing the method of settling the complaint and its duration.
7.17 The condition of the goods whose examination the Buyer requests must meet basic hygienic standards enabling the examination of their condition and the identification of defects. The Seller recommends that the goods sent for a complaint must be properly cleaned. In the event that the condition of the goods handed over to the Seller for the assessment of the legitimacy of the asserted defects does not meet elementary hygienic requirements necessary for examining their condition, such goods will be sent back to the Buyer.
7.18 The Buyer is not entitled to change the once chosen method of settling the complaint without the Seller's consent, except for the situation where the solution chosen by them cannot be implemented.
7.19 The Buyer is obliged to pick up the claimed goods within 30 days from the day when the complaint should have been settled at the latest; after this period, the Seller is entitled to charge storage fees in the amount of CZK 10 per day or sell the goods on the Buyer's account by self-help. The Seller must warn the Buyer of this procedure in advance and provide them with a reasonable additional period to pick up the goods.
7.20 The Seller is not obliged to provide the Buyer with replacement goods during the processing of the complaint.
7.21 Beyond its statutory obligations, the Seller provides the Buyer with a quality warranty for a period of two years, or one year for used goods, unless a longer warranty is stated on the warranty card or product card. If the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, the Seller provides the Buyer with a quality warranty for a period of one year. The exercise thereof is governed by the above provisions of the T&C, unless the warranty card, agreement, or data on the product card stipulate otherwise.
7.22 The Seller shall return the funds received from the Buyer in the same manner as the Seller received them from the Buyer, unless agreed otherwise with the Buyer.
7.23 The Buyer may assert a complaint with the Seller in particular by letter, e-mail, or personally through any of the Seller's establishments.
7.24 If the Buyer complains about damaged goods from a set (i.e., from several pieces in a package), it is generally sufficient to send only the damaged part to the Seller, rather than the entire set. This also applies in the event that it concerns a product consisting of multiple parts and the Buyer complains about only one part thereof. The Seller recommends sending the goods preferably in their original packaging or otherwise suitably packaged. Shipments with claimed goods cannot be sent to the Seller cash on delivery.
7.25 The Seller recommends that any goods sent to the Seller for the assessment of the legitimacy of asserted defects be safely and properly packaged so that they are not damaged during transport to the Seller. The Seller shall not be liable for defects caused by transport from the Buyer to the Seller.
7.26 In the event that the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, the period for settling a complaint is 90 days.
7.27 In the event that the Buyer purchases the goods in connection with their business activity, the Buyer expressly acknowledges that the Seller excludes liability for harm (with the exception of harm caused to a human in their natural rights, or caused intentionally or through gross negligence) that might occur to the Buyer on the basis of the concluded Purchase Agreement with the Seller.
7.28 In the event that the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, they are obliged to assert obvious defects of the goods within 24 hours of their delivery. Otherwise, it shall be deemed that they have approved the defects on the goods and no regard shall be paid to subsequent complaints. Furthermore, in the event of delivery of the goods by a transport service, such a Buyer is obliged to check the condition of the shipment and, in the event of obvious violation of the transport packaging, draw up a record of the condition of the shipment with the transport service and not take over the shipment. If the Buyer nevertheless takes over the goods with damaged transport packaging, it shall be deemed that such a Buyer has approved all defects on the delivered goods and no regard shall be paid to subsequent complaints.
8. Costs of Complaints and Dispute Resolution
8.1 If a complaint is recognized as justified, a Buyer who does not purchase the goods in connection with their business activity or within the independent performance of their profession has the right to reimbursement of effectively incurred costs associated with the exercise of their right. The Seller itself does not provide replacement goods during the processing of the complaint.
8.2 In the event that the Seller rejects a complaint as unjustified, the Buyer, or both parties by agreement with the Seller, may contact a forensic expert in the field and request the preparation of an independent expert assessment of the defect.
8.3 If no agreement is reached between the Buyer and the Seller, the Buyer may contact existing out-of-court consumer dispute resolution systems, or the competent court. In such a case, a Buyer-consumer may contact the out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection Authority. Further information on out-of-court dispute resolution can be found by the Seller on the website of the Czech Trade Inspection Authority: [http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/](http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/)
8.4 Out-of-court handling of consumer complaints is ensured by the Seller via the e-mail address specified in the heading. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's e-mail address.
8.5 In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
8.6 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: [http://www.coi.cz](http://www.coi.cz), is competent for out-of-court resolution of consumer disputes arising from the purchase agreement.
8.7 The Seller is entitled to sell goods on the basis of a trade license. Trade licensing supervision is carried out within its scope by the competent trade licensing office. Supervision of personal data protection is exercised by the Office for Personal Data Protection. Within a defined scope, the Czech Trade Inspection Authority exercises, inter alia, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.8 The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
8.9 In the event that the Buyer purchases the goods in connection with their business activity or within the independent performance of their profession, they acknowledge that they are obliged to reimburse the Seller for costs effectively incurred by the Seller in connection with a completely unsuccessful complaint.
9. Delivery
9.1 Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other contracting party in writing, namely by e-mail, personally, or by registered mail via a postal service operator (at the sender's option). Delivery to the Buyer is made to the e-mail address provided by them.
9.2 A message is delivered:
a) in the case of delivery by e-mail, at the moment of its receipt, if this receipt is confirmed electronically to the sender by the addressee
b) in the case of delivery personally or via a postal service operator, it is deemed that the message is delivered no later than the third business day after dispatch, including the refusal to accept the shipment if the addressee (or a person authorized to accept the shipment on their behalf) refuses to accept the shipment.
c) via SMS, at the moment of delivery of the addressee's message receipt confirmation to the sender's phone
9.3 Furthermore, beyond the scope specified above, the Seller is expressly authorized to perform acts related to rights and obligations from the Purchase Agreement via a voice telephone call with the Buyer, provided that the Buyer explicitly agrees to each of them.
10. Sending Commercial Communications and Storing Cookies
10.1 The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's e-mail address, SMS messages to the Buyer's telephone number, and further agrees to the sending of commercial communications by the Seller to the Buyer's e-mail address.
10.2 The Buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the website can be made and the Seller's obligations from the Purchase Agreement fulfilled without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent according to the previous sentence at any time.
10.3 All materials published on the web interface are protected by copyright law. Products and services listed on the web interface, information about them, and their depictions may also be protected by other rights of affected persons (in particular manufacturers, distributors, and suppliers). Names and designations of products, services, firms, and companies may be registered trademarks of their respective owners. Any part of the web interface (in particular descriptions and depictions of sold products, product selection guides, breakdown of product categories and parameters, customer advice and tips) may not be copied by electronic or mechanical means and made available to the public without the prior written permission of the copyright holder. In particular, the free or paid use of photographs and texts placed on the web interface is prohibited.
11. Assignment and Set-off of Claims
11.1 The Buyer is not entitled to assign or pledge any claim against the Seller arising on the basis of this agreement to a third party without the prior written consent of the Seller.
11.2 The Buyer is not entitled to set off their claim against the Seller with the Seller's claim against the Buyer.
11.3 In the event that the Buyer does not purchase the goods in connection with their business activity or within the independent performance of their profession, the provisions of this entire article shall not apply.
12. Termination of the Agreement
12.1 The Purchase Agreement may be terminated only by performance, agreement of the parties, or withdrawal from the agreement.
12.2 As a material breach of this agreement, which is a reason for withdrawal from the agreement, the contracting parties consider in particular the following breaches of the Buyer's obligation, in the event that the Buyer acts when concluding the Purchase Agreement within their business activity in connection with their business or within the independent performance of their profession:
a) any delay by the Buyer in taking over the goods
b) any delay by the Buyer in paying the purchase price
13. Information on Personal Data Processing
13.1 By concluding the agreement, the Data Subject hereby grants consent to the Seller (hereinafter referred to as the "Company") as the Data Controller to process their personal data under the conditions set out below. The Company cares for the protection of your personal data in accordance with valid and effective legislation, which from 25 May 2018 is represented in particular by Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "Regulation") and Act No. 101/2000 Coll., on Personal Data Protection and on Amendments to Certain Acts. The Company is the operator of the website at the address specified in the heading (hereinafter referred to as the "Portal"), through which it sells its goods. The principles apply to all personal data processed by the Company on the basis of the performance of a contractual relationship, legal obligation, legitimate interest, or granted consent, via the Portal described above. The principles describe the methods of use and protection of personal data by the Company. The controller of personal data within the meaning of Article 4(7) of the Regulation is the business company named above in the heading.
13.2 Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
13.3 The Buyer confirms that the provided personal data are accurate and that they have been instructed that this is a voluntary provision of personal data.
13.4 Personal data to be processed: name and surname, postal address, delivery address, billing address, Company ID (IČO), VAT ID (DIČ), e-mail address, and telephone contact. Within the complaints procedure, customers are required to provide the following data: name, surname, address, telephone number, e-mail, and signature. All personal data obtained in this way are processed exclusively for the purpose necessary for settling the complaint.
13.5 The purpose of processing personal data is the sale of goods in the e-shop or in the Seller's establishment, registration in the Seller's e-shop, pre-contractual negotiations, user account management, responding to inquiries in the inquiry form, providing customized advertisements, sponsored content, and sending promotional information to Data Subjects based on the Seller's legitimate interest.
13.6 The Buyer's personal data are processed in accordance with Article 6(1)(b) of the Regulation - the provision of personal data is a necessary requirement for the performance of the contract or for the implementation of measures taken before the conclusion of the contract at the request of the data subject. Without the provision of personal data, it is not possible to conduct pre-contractual negotiations, conclude the contract, or perform it by the Company.
13.7 The processing of personal data is carried out by the Controller; however, personal data may also be processed for the Controller by the following processors: suppliers, advisors, carriers, and other service providers participating in the sale and delivery of goods, processing of complaints, and implementation of payments, affiliated companies – companies owned or controlled by the Company, law enforcement – upon request by state authorities, or in the protection of customers, or other providers of processing software, services, and applications, which the Controller does not currently use, however.
13.8 With the prior explicit consent of the Subject, the Processor may record telephone calls and process telephone call recordings at the customer service line in particular for the purpose of negotiating the conclusion of a contract, proposals for changes to contractual arrangements, supplementary information to ensure the performance of the contract, improving the quality of services, asserting complaints, etc. Consent to the recording and processing of telephone calls is expressed by the Subject by continuing the call after the operator's announcement that their call will be recorded. If the Subject does not wish to be recorded, they are entitled to hang up after the announcement that their call is being recorded and use another communication channel.
13.9 The Controller hereby informs, in accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the "Regulation"), that:
1) the personal data of the Data Subject will be processed on the basis of their free consent under the conditions stated above,
2) the reason for providing the personal data of the Data Subject is, apart from the above, the Data Subject's interest in receiving commercial offers from the Controller, which would not be possible without providing these data
3) no automated decision-making or profiling will take place during the processing of the Data Subject's personal data
4) the Controller has not appointed a data protection officer nor designated a representative for the fulfillment of obligations within the meaning of the Regulation
5) the Controller does not intend to transfer the personal data of the Data Subject to a third country, an international organization, or third parties other than those specified above,
6) the Data Subject has the right to obtain information as to whether their data are being processed; the right to rectification of personal data; the right to restriction of processing of personal data; the right to erasure of personal data; the right to object to the processing of personal data; the right to data portability; the right to withdraw consent to the processing of personal data at any time; and the right to lodge a complaint with the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7.
14. Final Provisions
14.1 These terms and conditions become effective on the day of their publication and are decisive in their respective wording for all orders placed on this day and later. The Seller reserves the right to change these terms and conditions. The new wording of the terms and conditions will be published on the Seller's website. The validity of previous terms and conditions is cancelled on the day of their publication; however, this does not affect purchase agreements concluded according to the previous wording of the terms and conditions (see the first sentence of this paragraph).
14.2 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By the choice of law pursuant to the previous sentence, a Buyer who is a consumer is not deprived of the protection provided to them by the provisions of the legal order which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
14.3 If any provision of the terms and conditions is invalid or ineffective, or becomes such, 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.
14.4 The Purchase Agreement including the terms and conditions is archived by the Seller in electronic form and is not accessible.
14.5 Annexes to the terms and conditions consist of the model form for withdrawal from the purchase agreement, the shipping and payment price list, and instructions for the use, assembly, and maintenance of the goods.
In Liberec, October 1, 2026
ROMVEL, s.r.o.
15. Annexes and Forms
Annex No. 1 to the Terms and Conditions of the e-shop www.nimco.cz
MODEL FORM FOR WITHDRAWAL FROM THE PURCHASE AGREEMENT AND RETURN OF GOODS
Form for withdrawal from the purchase agreement and return of goods - PDF | DOCX (editable in MS Word or Google Docs)
Additional Information
Annex No. 2 to the Terms and Conditions of the e-shop www.nimco.cz
MODEL COMPLAINTS FORM
Complaints Form - PDF | DOCX (editable in MS Word or Google Docs)
Additional Information
Annex No. 3 to the Terms and Conditions of the e-shop www.nimco.cz
SHIPPING PRICE LIST
CZECH REPUBLIC:
a) Personal pickup – The goods will be handed over to the Buyer directly at the NIMCO store, Dr. Milady Horákové 561/86a, Liberec VII. This pickup is free of charge.
b) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to: CZK 95 excl. VAT, i.e., CZK 115 incl. VAT. The cash on delivery price amounts to CZK 30 excl. VAT, i.e., CZK 36 incl. VAT.
c) Postal service for orders up to a total shipment weight of 5 kg - Zasilkovna.cz - The goods will be sent to the Buyer to a Z-box or pickup point chosen by them. Postage and packing in this case amounts to: CZK 115 incl. VAT.
In the case of purchases over CZK 1,500 incl. VAT, packing and postage are FREE within the Czech Republic.
SLOVAKIA:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 10 excl. VAT, i.e., EUR 12 incl. VAT
b) Postal service for orders up to a total shipment weight of 5 kg - Zasilkovna.cz - The goods will be sent to the Buyer to a Z-box or pickup point chosen by them. Postage and packing in this case amounts to: EUR 12 incl. VAT.
In the case of purchases over EUR 75 incl. VAT, packing and postage are FREE.
GERMANY:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 10 excl. VAT, i.e., EUR 12 incl. VAT
In the case of purchases over EUR 90 incl. VAT, packing and postage are FREE.
HUNGARY, POLAND, AUSTRIA:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 15.75 excl. VAT, i.e., EUR 12 incl. VAT
In the case of purchases over EUR 90 incl. VAT, packing and postage are FREE.
LITHUANIA, SLOVENIA:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 16.5 excl. VAT, i.e., EUR 20 incl. VAT
In the case of purchases over EUR 120 incl. VAT, packing and postage are FREE.
BELGIUM, ESTONIA, FRANCE, ITALY, LIECHTENSTEIN, LATVIA, LUXEMBOURG, NETHERLANDS, SWITZERLAND, UNITED KINGDOM:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 24.8 excl. VAT, i.e., EUR 30 incl. VAT
In the case of purchases over EUR 120 incl. VAT, packing and postage are FREE.
CROATIA, IRELAND, NORTHERN IRELAND, UKRAINE:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 33 excl. VAT, i.e., EUR 40 incl. VAT
In the case of purchases over EUR 129 incl. VAT, packing and postage are FREE.
BOSNIA AND HERZEGOVINA, BULGARIA, DENMARK, FINLAND, CORSICA, NORWAY, PORTUGAL, ROMANIA, GREECE, SERBIA, SPAIN, SWEDEN:
a) Postal service – The goods will be sent to the Buyer by a transport company to the Buyer's specified address. Postage and packing in this case amounts to EUR 44.6 excl. VAT, i.e., EUR 54 incl. VAT
In the case of purchases over EUR 149 incl. VAT, packing and postage are FREE.
Annex No. 4 to the Terms and Conditions of the e-shop www.nimco.cz
INSTRUCTIONS FOR USE, ASSEMBLY, AND MAINTENANCE OF GOODS
1. Unpacking
1.1 Remove the packaging material by hand, do not use a knife or scissors, and pay attention to any instructions on the packaging material. Before use, adjust the upholstery by lightly tapping and shaking the pillows, seats, and backrests; they may be partially deformed after a long journey.
2. Assembly
2.1 Perform assembly according to the attached assembly instructions; assemble the furniture on a soft surface to prevent scratching. Pay attention to any instructions in the assembly instructions if they are included in the product packaging.
3. Maintenance - General Maintenance Instructions
3.1 The surface of chromed products and stainless steel products requires regular cleaning. Bathroom accessories can be cleaned with hot water and dishwashing detergent (dish soap) and then polished with a soft cloth and wiped dry. The best way to remove heavier contamination, e.g., limescale, is to use vinegar. The solution should act for some time, approx. 15 – 20 minutes. After application, it is necessary to rinse the product thoroughly with clean water. For high-gloss polished stainless steel surfaces, it is necessary to use chlorine-free products, e.g., for glass cleaning.
3.2 Clean glass and ceramic accessory components in a similar manner to metal parts and avoid using the products mentioned below. Under no circumstances use a dishwasher for cleaning.
3.3 Any peeling of the painted surface of the container is a standard wear phenomenon of the colored polyresin resin compound resulting from its normal use. This phenomenon occurs due to long-term repeated physical contact of the polyresin container with, for example, a toilet brush, toothbrushes, or other items with which the container comes into contact, and therefore cannot be considered a defect.
3.4 In the event of placing a mirror or mirror cabinet in spaces with permanent and higher air humidity, gradual blackening of the mirror edge occurs. If mirror fogging occurs over a longer period of time, partial oxidation of the silver coating may occur, especially in places where condensed ambient moisture is retained. This is a normal property of the silver coating used for the manufacture of mirrors. It is necessary to ventilate the room more frequently and not use aggressive cleaning agents.
3.5 Loss of color at the edge of the product falls among completely standard and normal wear of the product, which gradually occurs through its use. If the product surface does not peel and is applied in a continuous layer, it is not a product defect.
3.6 Loss of the chrome surface finish of the plastic pump belongs to normal wear of the pump, which arises from its normal use. The loss of the chrome surface finish may also be promoted by regular contact of the chrome surface with hypochlorites and chlorates contained in some aggressive soaps. Therefore, we recommend purchasing an all-metal dispenser pump, which is resistant to these substances contained in soaps.
3.7 Damage may occur in the following cases:
a) use of bleaching or disinfecting agents, especially if they contain chlorine compounds (hypochlorites, chlorates, etc.). These agents do not have to be used directly on the products.
b) due to the action of limescale. Thick layers of limescale that are also damp significantly increase the risk of damage and corrosion.
c) use of alkaline or acidic strongly concentrated cleaning agents and agents containing strong oxidizing agents (anti-mold and bleaching agents). These agents do not have to be used directly on the products. In poorly ventilated spaces, it is advisable to avoid using these agents – evaporated chlorinated compounds can condense on the surface and thus damage it. If it is necessary to use these cleaning or disinfecting agents, it is necessary to ensure good ventilation of the spaces and to rinse the cleaned surfaces well and quickly!
d) use of building chemistry products intended for cleaning, e.g., tiles from building materials, which exhibit significant corrosive aggressiveness
e) use of liquid or pasty scouring agents containing abrasive particles! It is necessary to avoid any harsh cleaning agents, as these can cause scratches. Steel wool must under no circumstances be used. It releases iron particles that damage the surface.
f) use of immersion baths for cleaning silver! These contain strong acids or chlorides and are also completely unsuitable for cleaning chromed products or stainless steel products.
g) in the case of cleaning surfaces with cleaning agents of unknown composition that could damage the top layer of the surface finish. Table salt is also harmful.
3.8 The use of unsuitable cleaning agents or improper maintenance gradually leads to damage to the product, exhaustion of its utility and aesthetic properties, and such a procedure may therefore lead to the rejection of the Buyer's complaint.
4. Pictograms on NIMCO Packaging – Explanation of Pictograms
4.1 If it is not possible to display the complete product maintenance instructions on the packaging, symbols (pictograms) are used indicating simplified product maintenance instructions. The symbols indicate cleaning only with a damp cloth, vinegar solution, and the prohibition of cleaning the products with chemical and abrasive agents, scouring agents, etc.
4.2 Pictograms indicating the possibility of cleaning products - with a cloth, water, vinegar, or vinegar solution - "YES", have the following appearance:
4.3 Pictograms indicating the PROHIBITION of cleaning products with abrasive and chemical agents and the prohibition of using a dishwasher - "NO", have the following appearance:
