Mishiko General Business Terms and Conditions
I Basic Provisions and Definitions
1. These General Business Terms and Conditions (hereinafter referred to as “GBT&C”) regulate the rights and obligations of the Parties – the company Mishiko EU s.r.o., CRN: 50 185 021, registered office: Tomášikova 64, 831 04 Bratislava, incorporated in the Company register of the District Court Bratislava I, Section: Sro, File: 109728/B as the Seller, Provider of service and licences (hereinafter referred to as “Mishiko” or the “Seller”) and a Buyer or Service Customer (hereinafter referred to as the “Buyer”). Purchase and sale of goods and services related to them on the Seller’s website is the subject-matter of the above mentioned Purchase Contract.
2. In the cases where Mishiko acts as a Provider, it provides services and/or licences according to its current offer to individual Purchasers according to their requirements for the price and under the conditions set out with a particular offer for the service and/or licences, and these GBT&C shall apply for the relevant Contract unless otherwise provided.
3. By sending an order the Buyer confirms that he has familiarized himself with these GBT&C, which contain also the Seller’s complaints procedure. The Buyer also declares that he has become familiar with the conditions of the ordered service and/or provided licence and/or supplied goods and that he agrees with them in the wording applicable and effective at the moment of sending the order.
4. The Buyer is aware of the fact that no rights to use any Seller’s intellectual property, registered trade marks, trade names, logos or patents arise from the purchase of the products included in the Seller’s business offer unless provided otherwise in a specific contract for a specific case.
5. For the purpose of these GBT&C the following terms shall mean:
a) “Goods”, “product” always means the Mishiko Smart Collar.
It comes in two types:
- Mishiko Smart Collar General
- Mishiko Smart Collar Unlimited
b) “Mishiko Smart Collar” means device for data reception and transmission for the satellite monitoring of objects (dogs) to which the device is attached in order to accurately determine their location and collect, record, store, manage, analyse, and process certain data about those objects in real-time mode.
Normal cellular communication and data from GPS and GLONASS satellites is used for functioning of the Mishiko Smart Collar.
c) “Purchase Contract” means the contract concluded between the Seller and the Buyer for the purpose, which is considered to be the purpose belonging to the area out of the scope of their trade or other business activity.
d) “Buyer” means every natural person, who does not act within their scope of trade or other business activity when entering into and performing a Purchase Contract.
e) “Parties” means the Buyer and the Seller.
f) The Seller’s “site”, “Internet site” or “web site” means the Internet site www.mishiko.net
g) The Seller’s “on-line shop” or “e-shop” means the Seller’s Internet site.
h) The “offer” means offering of the goods and/or services by the Seller in his online shop.
i) “Sending the order” means ordering the goods by the Buyer through The Seller’s on-line shop by putting the goods into shopping cart, filling all the required information in the proper form, completing the order and making any other necessary actions to obtain the goods, according to the Seller’s instructions and descriptions in the Seller’s on-line shop.
j) “Placing the order” means the Buyer performing all the actions contained in definition of “Sending the order” and the Buyer getting confirmation from the Seller in accordance with terms herein.
k) “Purchase of product”, “purchase of products”, “purchase of goods” means ordering the products, goods by the Buyer through The Seller’s on-line shop and paying for the ordered products, goods by the Buyer using payment method set by the Seller on his web site, on-line shop, resulting in conclusion of the Purchase Contract between the Seller and the Buyer hereunder.
l) “Acceptance” means each Buyer’s “order”, i.e. each filled order form on the web site of the Seller’s on-line shop by the Buyer and/or other certain, clear and comprehensible manifestation of the Buyer’s will to get the goods and/or the service, which the Seller offers in his on-line shop, provided that such a manifestation of will gets to the Seller’s sphere of influence.
m) “Application” means the software developed directly by the Seller and/or Seller’s contractual partner as per the Seller’s instruction, which allows for the connection of the product with other electronic devices (e.g. mobile).
n) “Services” means the Mishiko services consisting of the provision of access to functionality of the device, including dog monitoring and related recommendations, GPS monitoring of dog’s position and information on dog’s condition, through the application.
6. The terms which are not defined in this Article of the GBT&C shall have the meaning attributable to the specific term considering the logical meaning and economic purpose of the provision, in which the particular term is mentioned.
II Purchase Contract
A. Conclusion of the Purchase Contract
1. The Parties have agreed that upon sending the order the Buyer confirms to the Seller that he agrees with these GBT&C and that the terms and conditions herein will refer to all and any Purchase Contracts entered into on any web site of the on-line shop operated by the Seller, upon which the Seller will supply the goods presented on the web site concerned to the Buyer (hereinafter referred to as the “Purchase Contract”) and to all relationships between the Seller and the Buyer arising especially from the conclusion of the Purchase Contract and complaint of the goods.
2. These GBT&C form an integral part of the Purchase Contract. In the case that the Seller and the Buyer enter in a written Purchase Contract where they agree on conditions different from the General Business Terms and Conditions, the provisions of the Purchase Contract prevail over the GBT&C in the particular different part.
3. The list of the goods on the Seller’s “on-line shop” operated by the Seller is a catalogue of normally supplied goods and the Seller guarantees the immediate availability of all listed goods.
4. The Purchase Contract arises from sending of the order by the Buyer and from receiving of the order by the Seller. The Seller shall notify the Buyer of such receipt and confirmation of the order without any delay by an automatic informative electronic message (e-mail) to the entered email address. Upon such confirmation the Contract shall be deemed concluded. The Buyer will find also a link to the current wording of the GBR&C in the informative electronic message. The concluded Contract (including the agreed price) may be modified or cancelled only upon an agreement of the Parties or according to laws. This procedure always applies unless otherwise provided by these GBT&C.
5. The information on particular technical steps which result in the conclusion of the Contract are provided herein. The GBR&C are available on the Seller’s web site and thus their archiving and reproduction by the Buyer is allowed for.
6. The cost of the use of the means of remote communication (telephone, the Internet, etc.) for making an order are at a usual charge, depending of the tariffs of the telecommunication services used by the Buyer.
7. The Seller undertakes to deliver:
- the type and quantity of goods in the purchase price and at the payment terms that apply at the date of submitting the order, except for obvious errors and in the event of a significant change in the price of goods.
- goods which shall be packaged properly to avoid any damage during shipping.
8. The Seller shall not be responsible for:
- late delivery of goods caused by courier service.
- late delivery of goods caused by incorrect address provided by the Buyer.
- case of the Buyer, after receiving the goods, finding that they are not according to his expectations (in manner of design, likeness etc., not quality). Such cases can’t be considered a legitimate case for a complaint.
The Buyer undertakes:
- to accept the delivered goods, to check the integrity of packages and in case of any faults notify the Seller immediately.
- to pay the purchase price for goods in the amount and under payment conditions valid on the date of submitting the order.
10. Upon acquiring of the product the Buyer must download application.
The application may be downloaded through the Seller’s web site or directly from Google Play, Apple App Store. The application may be used only for technical devices with iOS or Android platforms. The application is free.
11. The Seller acts as Provider of Services and shall provide the Services, which are related to the use of the purchased goods, to the Buyer. By agreeing with these GBT&C the Buyer recognizes and expresses its understanding that the Services form an integral part of functionality of the device. Without the provision of Services the device shall not function properly.
12. The terms and conditions for the Services are set in Services Terms and Conditions (hereinafter referred to “STC”), located on the Seller’s web site and in application.
13. The Buyer hereby gives consent to the provision of the Services prior to the expiry of the statutory withdrawal period.
B. Delivery of the Subject of Purchase
1. By entering into a Purchase Contract the Seller undertakes to hand over the subject of purchase and to grant the relevant licence for the application connected with proper use of the subject of purchase to the Buyer and he will allow the Buyer to get the ownership title to the subject of purchase, and the Buyer undertakes to take over the subject of purchase and to pay the purchase price to the Seller.
2. The Buyer may become the owner of the subject of the purchase only upon the payment of the full purchase price. This rule applies similarly to licence granting or service providing, unless stated otherwise herein or in STC.
3. The Seller shall hand over the subject of the purchase to the Buyer together with the documents related to the subject of purchase.
4. The Seller meets his obligation to hand over the subject of purchase to the Buyer if the Buyer receives subject of purchase at the place of delivery (address of delivery), used when placing an order.
5. The Seller shall hand over the subject of purchase to the Buyer in the agreed amount, quality and design.
6. With regard to damage prevention and provision of fluent supply the Seller reserves the right to supply the goods to the Buyer, who orders the goods for the total amount of more than 2 Mishiko Smart Collars in one order and/or one day only upon the payment of full purchase price. Just after the payment of the full purchase price for the purchased goods by the Buyer the Seller will ship the goods in compliance with the Buyer’s requirements stated in the order.
7. By sending the order the Buyer gives consent with the fact that the purchased goods need not be accompanied by the user manual in the national language.
8. When using all and any electronic contents purchased from the Seller the Buyer is required to meet the obligations set out in these GB&C and in the generally binding legal regulations governing copyright for works and specific licence conditions of particular products. If the Buyer breaches the set out obligations, he shall pay for potential damages accepting that such conduct may have criminal consequences.
9. The Buyer has a right to use all electronic works solely for his own need unless otherwise provided in the licence conditions, and such use is not intended to achieve direct or indirect economic or business benefit. The Buyer also does not have a right to copy the purchased electronic contents or to reproduce it otherwise, to make transcripts or cuts of it or to handle it otherwise in conflict with the copyright, other legal regulations or licence conditions of the product. The access to the electronic contents may be banned and the licence may be deactivated if the electronic content is obtained by an illegal activity.
III Placing an Order
1. The Buyer will get the goods for the price applicable at the moment of placing the order. The Buyer has a possibility to know the total price including VAT and all other fees before placing the order through the on-line shop. The price will be stated in the order and in the message confirming the receipt of the order for the goods (confirmation of the order). The Buyer has a right to learn the fact for how long the offer or the price remains applicable before placing the order.
2. It is possible to order the subject of the purchase solely through the on-line shop on the web site www.mishiko.net
3. The Buyer acknowledges that a situation when the Contract by and between the Seller and the Buyer is not concluded may occur, in particular when the Buyer orders goods for the price published by mistake due to an error of the Seller’s internal information system. In such a case the Seller shall inform the Buyer on such an event.
4. The Seller reserves the right to declare the Purchase Contract invalidly concluded in the case of misuse of personal data, misuse of a credit card and similarly also due to the intervention of an administrative or law enforcement authority. The Buyer will be informed on such a procedure. The Buyer acknowledges that a Purchase Contract cannot be validly concluded in the above mentioned cases.
5. The Buyer will be informed on the time of delivery of the ordered goods by e-mail. The delivery period for the ordered goods and the shipping price depends on the shipping method chosen by the Buyer.
IV Terms of Payment
1. The Seller accepts the following payment methods:
- payment through the bank Internet interface (on-line payment by card);
- payment upon delivery of the goods (the courier takes over the cash from the Buyer).
2. The goods remain in the ownership of the Seller until full payment and takeover, however, the risk of damage on the goods is transferred upon handing over the goods to the Buyer.
3. The Buyer’s invoicing data may not be changed after the order is sent.
1. All the prices of the products in the Seller’s on-line shop are stated for the purpose of the contract Conclusion and their amount does not follow any laws. There are always up to date and applicable prices in the Seller’s on-line shop. The prices are final, including VAT and all other taxes and fees, if any, which the Buyer has to pay to get the goods. That does not refer to potential cost of shipping of the subject of the purchase and other fees, which are stated within the so-called shopping cart and the amount of which depends on the Buyer’s choice.
Note: The shipping cost (delivery price) may be different depending on EU country.
2. Promo prices apply until the number of pieces of promo goods is provided or they apply to a specific time period.
3. The price for Mishiko Smart Collar shall be formed as follows:
- a. the price for Mishiko Smart Collar General is formed out of the price for the device itself and the provision of monthly paid Services;
- b. the price for Mishiko Smart Collar Unlimited is formed out of the price for the device itself and the unlimited provision of Services without charging monthly payment
More detailed information on the prices for Mishiko Smart Collar can be found on the Seller’s web site.
More detailed information on the prices for Services can be found in STC (both on the Seller’s web site and through application).
VI Terms of Delivery
A. Delivery methods
1. The Seller provides or intermediates the following delivery methods:
- sending goods by a courier service
2. The Seller shall not be held liable for delayed delivery of the goods in the case of force major or information system failure.
3. All offered shipping methods, their current conditions and prices are provided on the Seller’s web site.
B. Other Conditions
1. The Buyer shall check the condition of the shipment together with the courier immediately upon delivery (the number of parcels, damaged box, etc.) according to the accompanying waybill. The Buyer has a right to reject accepting the shipment which is not compliant with the Purchase Contract e.g. that the shipment is incomplete or damaged. If the Buyer accepts the damaged shipment from the courier, it is necessary to describe the damage in the courier’s protocol.
2. It is necessary to notify of the incomplete or damaged shipment by e-mail to the following address [•] immediately, to fill in the damage protocol with the courier and to send it by e-mail or by post to the Seller without any delay. Subsequent complaints on incomplete or externally damaged shipment do not exempt the Buyer from the right to claim the item, however, they give the Seller a possibility to prove that it is not a conflict with the Purchase Contract.
VII Withdrawal from the Contract
1. The Buyer has a right to withdraw from a distance contract (through the Seller’s on-line shop) without stating the reason within 14 calendar days of delivery of the goods to the Buyer. It is required to send the notice of withdrawal within the above mentioned deadline to the Seller according to the instruction on the exercise of the Buyer’s right to withdraw from the Purchase Contract (Annex 1 hereto).
2. The goods are considered to be delivered to the Buyer at the moment when the Buyer or a third party assigned by the Buyer, except for the courier service, takes over all parts of the ordered goods, or if
a) the goods ordered by the Buyer in one order are delivered separately, at the moment of takeover of the goods delivered the last ones,
b) the goods consisting on several parts are delivered, at the moment of takeover of the last part,
c) the goods delivered repeatedly during a specified period, at the moment of takeover of the first supplied goods.
3. The Buyer may not withdraw from the Contract with the following subject-matter:
a) the provision of the service, if the provision of it started with the explicit Buyer’s consent and the Buyer declared that he had been duly instructed on the fact that upon the consent lost the right to withdraw from the Contract after full provision of the service, and if the service was fully provided,
b) the sale of the goods closed in a protective package which cannot be given back due to health protection or hygienic reasons and the package of which was damaged after delivery,
4. The Buyer may exercise the right for withdrawal from the Seller’s contract in a paper form or in form of an entry on other durable medium (e-mail). The Buyer shall use the Form on Withdrawal from the Contract in Annex 1 for this purpose.
5. Burden of proof on the exercise of the right for withdrawal from the Contract shall be borne by the Buyer.
6. The Seller shall refund the Buyer all and any payments received from him upon the Contract or in connection with it without any delay, no later than within 14 days of the delivery of the Notice of Withdrawal from the Contract, including the cost of shipping and and other costs and charges. The Seller will give the payments back to the Buyer using the same method as the Buyer for his payment.
7. The Seller is not obliged to pay the additional cost to the Buyer if the Buyer expressly chooses another method of delivery than the cheapest common delivery method offered by the Seller. The additional cost means the difference between the cost of delivery chosen by the Buyer and the cheapest common delivery method offered by the Seller.
8. The Seller is not obliged to give the payments back to the Buyer before the goods are delivered to the Seller or unless the Buyer proves sending the goods back to the Seller. The Buyer shall send the goods back or hand them over to the Seller or to the person authorized to take over the goods by the Seller no later than within 14 days of the withdrawal from the Contract.
9. The Buyer shall bear the cost of return of the goods to the Seller or to the person authorized to take over the goods by the Seller at withdrawal from the Contract.
10. The Buyer is liable only for the decrease in the value of the goods caused due to such handling of the goods which is beyond the handling required to find out the properties and functionality of the goods.
VIII Complaints Procedure
A.General Provisions of the Complaints procedure
1. The Buyer shall familiarize himself with these GBT&C (and in particular with this part hereof) before placing an order for the goods. The Buyer acknowledges that he shall provide necessary cooperation to handle the complaint to the Seller, otherwise the periods extend adequately by the time when the Buyer fails to provide cooperation.
1. The Seller issues a purchase document (the invoice, the receipt) with all statutory required data for the warranty exercising (especially the name of the goods, the warranty period length, price, amount, serial number) for all purchased goods as a warranty document.
2. Upon the explicit Buyer’s request the Seller will provide the warranty in a written form (the letter of warranty). However, as a standard, if the nature of the item allows for it, the Seller issues a document of the purchase of the item containing the above data instead of the letter of warranty.
3. The warranty period is 24 months from the moment of delivery of Goods to the Buyer.
4. The warranty period shall be extended by the period for which the goods are claimed. The rights from liability for the faults of the goods which a warranty period applies to that shall be forfeited if not filed during the warranty period.
C.Filing the Complaint
1. The Buyer may claim faulty goods by sending the product to the following address iQmobil, s.r.o., Černyševského 10, 851 01 Bratislava, Slovakia.
2. The claimed goods shall be secured thoroughly in order to prevent it from any damage caused by transport. The parcel shall be marked “CLAIM” visibly and it shall contain: the claimed goods (including complete accessories), a copy of the purchase document, detailed description of the fault, sufficient contact data of the Buyer (especially the return address, e-mail address and tel. number) and the desired way of settling of the claim. The Buyer may choose of two options, either the replacement for new goods or money refund.
3. The Buyer is required to prove the validity of the Warranty by submission of the purchase document for the goods. If the goods have already been claimed, the Buyer shall submit also the document on settling the previous claim. There has to be the same serial number in the delivery document (purchase or complaint document) as on the claimed goods.
4. The complaint is considered to be filed only at the moment when the claimed goods are delivered to the Seller or the person authorized or assigned by the Seller to the address stated in Art. VIII. Paragraph C Sect. 1 herein and when it meets all conditions prescribed by the generally binding legal regulations and these GBT&C, in particular those provided in Art. VIII. Paragraph C Sect. 1-3 herein.
1. There is a risk of rejection of the complaint due to damage to the serial number for the Buyer, except the damage has been caused by normal use. The serial number forms an integral part of the product and do not restrict the Buyer’s right to use the goods and to handle them within the scope of use which the goods are intended for.
2. The warranty does not cover the damage caused (in case such an activity is not a usual activity and is not banned in the accompanying user manual):
a) by mechanical damage to the goods,
b) by overvoltage (obviously burnt parts or circuit boards) except for common deviations,
c) using the goods in the conditions which do not comply, with regard to their temperature, dust formation, humidity, chemical and mechanical impacts of the environment, to the ones directly specified by the Seller or the producer,
d) by unqualified installation, handling, operation or neglected care about the goods,
e) if the goods or a part of them have been damaged by a computer virus etc.,
f) if the fault is related only to the software in which the Buyer is not able to prove legal acquisition or using unauthorized software and consumables,
g) if the goods have been damaged by overloading or due to the use in conflict with the conditions provided in the documentation or general principles,
h) by unqualified intervention or change in parameters,
i) if the goods modified by the Buyer (painting, bending, etc.) if the fault has been caused by that modification,
j) if the goods have been damaged by natural forces or vis major,
k) using incorrect or faulty software,
l) using incorrect or non-original consumables and to the potential damage caused by that unless such use is usual and is not excluded in the accompanying user manual.
3. Such limitations do not apply if the properties of the goods, which are in conflict with the above mentioned conditions, have been agreed by the Buyer and the Seller, meant or declared by the Seller explicitly, or if they may be expected with regard to the provided advertisement or usual use of the goods.
1. The goods sent for a complaint will be tested only for the fault stated by the Buyer (in the Complaint Form or in the Buyer’s report containing the description of the fault).
2. If the technician finds out that not the claimed product is the cause of the problems, but the incorrect software installation, if the data have been damaged by incorrect behaviour of any application not supplied by the Seller or if the data have been damaged by the Buyer or a third party, the complaint will be rejected.
F. Rejection of Acceptance of the Complaint
1. The Seller has a right to reject accepting the goods for complaint in the cases when the goods/parts of them are so dirty that they do not meet basic prerequisites for hygienically safe goods handover for a complaining procedure.
1. In the case when the goods are non-compliant with the Purchase Contract (hereinafter referred to as the “non-compliance with the Purchase Contract”) at takeover, the Buyer has a right to have the item brought back to the condition complying with the Purchase Contract gratiously and without any delay, according to the Buyer’s requirement by the replacement of the item.
2. If such a procedure is not possible, the Buyer may ask for a money refund or he may withdraw from the Contract. That shall not apply if the Buyer had known about the non-compliance with the Purchase Contract before take over of the item or if he had caused the non-compliance himself.
3. The compliance with the Purchase Contract means in particular that the sold item has the quality and utility features required by the Contract, described by the Seller, manufacturer or their representative or expected due to advertisement presented by them, or the quality and utility features usual for an item of this kind, that it satisfies the requirements of the legal regulations, it is in the amount, rate or weight corresponding to it and it corresponds to the purpose stated by the Seller for the use of the item or which the item is usually used for.
4. The Buyer shall choose the complaint handling method. The Seller shall advise the Buyer on improper choice and shall propose a proper method (especially in the case the Buyer requires the method related to a fault which can be eliminated, but the Seller finds out that the fault cannot be eliminated). If the Buyer does not choose the complaint handling method within the reasonable deadline provided by the Seller, the Seller will choose it.
5. The Seller shall decide on the complaint immediately, in complicated cases within three working days. The above deadline does not include the period reasonable according to the kind of a product or service required for expert assessment of the fault. The Seller shall handle the complaint including the fault elimination without any delay, no later than within 30 days after filing of the complaint. After the expiry of the deadline it is deemed that the fault in the item actually exists and the consumer has the same rights as if it was a fault which cannot be eliminated.
6. If the Buyer has filed the complaint during the first 12 months after the purchase, the Seller may reject it solely upon the expert assessment. The Seller will provide the consumer with the copy of the expert assessment within 14 days after the complaint handling. If the Seller rejects the complaint after 12 months of the purchase, he shall state to whom the Buyer may send the product for expert assessment in the document on handling. If the consumer proves the Seller’s liability for the fault by the expert assessment, he may file the complaint again. All reasonable expenses related to the expert assessment shall be borne by the Seller, which shall settle them to the Buyer within 14 days of the date of re-filing of the complaint. The re-filed complaint may not be rejected by the Seller.
7. The Seller shall issue a written confirmation to the Buyer on when the complaint was filed, what it contained, which complaint handling method is required, by email immediately after the complaint is received (in case of filing in person it is given immediately); then also the confirmation of the complaint handling date and method, including the confirmation of repair execution and the length of the complaint period and reasoning of the complaint rejection, if applicable.
8. The Buyer has a right for payment of the necessary costs (in particular postage paid when sending the claimed goods) incurred in connection with exercising of the rights of liability for the faulty goods, which have been spent actually and efficiently. The Seller shall refund the above costs to the Buyer without any delay after he receives a written request for cost refund, which will contain the bank account number to which the costs should be paid to the Buyer. In case of withdrawal from the Contract due to a fault in the subject-matter of the purchase the Buyer has also a right for compensation of the cost of such a withdrawal.
H.Common Provisions of the Complaints Procedure
1. After handling an eligible complaint the warranty period shall be extended by the complaint period. In the case of ineligible complaint the warranty period shall not be extended. If the complaint of the goods in the statutory warranty period has been settled by the replacement of the goods for new ones, the warranty period shall start to lapse again as of the date of the complaint handling. The complaint period starts on the date following the date of filing the complaint, i.e. the period when the Buyer was obliged to take over the item. The Buyer is informed on the settlement by e-mail provided already with the purchase.
2. Having handled with the complaint the Seller notifies the Buyer of the completion of the complaint by e-mail. Where the goods had been sent by a carrier, after the handling they will be sent to the Buyer’s address automatically.
3. The Buyer shall check the received goods and their compliance with the issued complaint protocol. The Buyer shall also check the completeness of the goods, in particular whether the package contains everything which it should contain. The later objections will not be considered. These provisions shall not affect the statutory deadline for exercising of the rights from defective performance.
IX. Licence Contract of the End-User of the Application
1. When the Buyer downloads and/or uses the applications supplied by the Seller or on his behalf or on behalf of his business partners upon the Seller’s instruction in connection with the use of the device, the Buyer confirms and agrees that he has read this Licence Contract, he undertakes to meet the conditions of this Licence Contract and that he agrees that the updated version of the application will be sent to him with no prior notice. If the Buyer does not accept the above mentioned conditions, he agrees that he will not be provided with the licence to use the applications and he will not use them.
2. This part of the GBT&C contains the Licence Contract with particulars on the limited right of use of the application, which the Seller offers to the Buyer on his web site or on web sites of the partners (Google Play, iTunes Store, etc.). This Contract forms a part of these GBT&C and it is concluded by and between the Buyer and the Seller at the moment of the purchase of the product.
3. This Licence Contract has been concluded for the whole period of the copyright to the applications. The applications contain the materials which are protected by the copyright and other regulations related to the intellectual property.
4. The applications contain the software licensed by the Seller, which is handed over to the Buyer for the use solely in compliance with the conditions herein and all rights which have not been given to the Buyer explicitly are reserved for the Seller and for every third party which has the copyright for the above mentioned applications.
5. The Buyer may not remove any Seller’s or third party’s rights from any documentation of application arbitrarily. The rights handed over in compliance with the conditions of this Licence Contract include all and any updates of applications, which replace and/or amend the original software. The Seller reserves the right to make changes in this Licence Contract due to the necessity to adjust this Licence Contract to the currently applicable legal regulations, changes in the method of service provision or due to other relevant reasons.
6. The Seller provides non-exclusive, limited, personal and non-transferable licence under the condition and upon approval with the limitations stated in this Licence Contract, connected with the installation and use of the applications supplied by the Seller or on his behalf.
7. The applications are intended solely for own, non-commercial use and may not be used for profit or any other property benefit of any person or entity.
8. The condition of the limited licence for the applications provided in this Licence Contract, unless otherwise provided, is the fact that the Buyer is not allowed:
- to disclose, publish, rent, modify, lend, spread and make derived works (copies) on the basis of this software or a part of it,
- to copy, decomplete, disassemble, translate, adapt and/or otherwise remake the software into a version readable for a man,
- to create a source code from the source code of the software,
- to try to create a separate product from the applications,
- to include/incorporate the application/software into another application/software,
- to perform any activities which could breach the right of intellectual property or other property rights of the Seller or the third person,
- sub-licence the applications,
- to forward the applications/software.
9. The Buyer is not the owner of the applications. To the contrary, he has a limited licence for the use of the applications during the whole period of this Licence Contract. The Seller and/or his licence providers are the owners of all applications and exercisers of all copyrights and property rights to the applications. Any other use by any other entities is forbidden and means breach of the provisions of this Licence Contract.
10. Remuneration for the provision of the licences for the application has been paid by the Buyer within the purchase price for the relevant product which the particular application refers to.
X Personal Data and their Protection
1. Upon entering into a Purchase Contract the Buyer agrees that the Seller may process his personal data, which he provides to the Seller in connection with the purchase and will provide by using the subject of purchase. The Buyer also gives consent to the Seller to provide the personal data to the business partners and sub-suppliers of the operator in compliance with the purpose of the personal data processing connected to the and use of the subject of purchase. The Seller undertakes to handle and treat the Buyer’s personal data in compliance with applicable legal regulations in the territory of the Slovak Republic. The Buyer gives this consent to the Seller for indefinite period or by completion of the purpose of the Buyer’s personal data processing. After the purpose of the data processing the Seller shall provide the Buyer’s personal data disposal.
2. The Seller declares that he will not obtain any personal data for the purpose different from the purpose stated herein and that he will personally ensure that the personal data will be processed and used solely by the method corresponding to the purpose it has been collected for and that they will not put it together with the personal data collected for other purposes.
3. The Seller declares that he will process the personal data in compliance with good manners and will take actions which are not in conflict with the generally binding legal regulations and will not avoid them either. The Seller declares that he will neither enforce the consent of the affected person nor will he condition it by the threat of rejection of the contractual relationship, service, goods or obligation set out to the Seller.
XI Applicable Law and Powers
1. Any legal relationships regulated by these GBT&C as well as the legal relationships not regulated by these GBT&C between the Seller and the Buyer and all contractual relationships concluded between the Seller and the Buyer shall be governed by the Slovak legislation.
2. The legal relationships of the Seller and the Buyer not explicitly regulated by these GBT&C are governed by the relevant provisions of Act 40/1964 Coll., Civil Code as amended (hereinafter referred to as the “Civil Code” or simply “CC”), as well as by the related regulations, in particular by Act 102/2014 Coll. on the protection of consumers in sale of goods or provision of services under remote contracts or contracts executed outside the business premises of the seller and on change and amendments to certain acts as amended (hereinafter referred to as the “Act on Remote Sale”) and legal relationships of the Seller with the Buyer who is an entrepreneur, not explicitly regulated by these GBT&C or by a Contract between the Seller and the Buyer shall be governed by the relevant provisions of Act 513/1991 Coll. Commercial Code as amended (hereinafter referred to as the “Commercial Code”), and by the related regulations. In the case of any discrepancies between these GBT&C and individual contract the wording of the contract prevails.
3. In the case when the selection of applicable law as per section 2 deprives the Buyer of protection provided to him by the provisions, which cannot be deviated by a contract, according to law which would be applicable in case of absence of the choice of the law, such provisions of the law which may not be deviated from by a contract will prevail over the provisions of the selected law and these GBT&C.
4. To avoid any doubts the Parties have explicitly agreed that the United Nations Convention on Contracts for the International Sale of Goods adopted on April 11, 1980 in Vienna will not apply to the regulation of their contractual relationships.
5. All and any disputes arising from these GBT&C and/or from the contracts concluded between the Seller and the Buyer or related to such contracts, including the disputes on their applicability or the applicability of these GBT&C (or a part of them), interpretation or cancellation will be solved by general courts of the Slovak Republic, unless otherwise provided by an international agreement which the Slovak Republic is bounded by or by a legal act of the European Union with a direct impact.
6. If the Buyer has a problem with the Seller, which refers to the purchased goods, product or service, he may settle his dispute by amicable way through an alternative dispute resolution (hereinafter referred to as “ADR”) or on-line dispute resolution (hereinafter referred to as “ODR”), which are regulated by the Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.
XVI Final Provisions
1. These GBT&C are enforceable and applicable from [•].
2. If any provision (or a part of it) of these GBT&C and/or of the contracts concluded by and between the Seller and the Buyer is or becomes invalid, this shall not effect enforceability and applicability of the remaining provisions (a part of them) of the Contracts concluded by and between the Seller and the Buyer. The provisions of the generally binding legal regulations regulating the issue of mutual relationship of the Parties shall be applied instead of the invalid provision. The Parties undertake to regulate their relationship by adoption of another provision, which corresponds by its contents and nature to the intention of the original provision the best.
3. The Seller reserves the right to modify the GBT&C with no prior notice.
4. Orders may be placed 24 hours a day, 7 days a week through the Seller’s on-line shop (hereinafter referred to as “opening hours“).
5. In case of the information system failure or vis major intervention the Seller shall not be held liable for failure to meet the opening hours.
INSTRUCTION ON EXERCISING THE BUYER’S RIGHT TO WITHDRAW FROM THE CONTRACT
4. Every Buyer has a right to withdraw from this Contract with no need to state the reason within 14 days.
5. The period for withdrawal from the Contract will expire after 14 days of the date when the Buyer or a third person assigned by the Buyer, except for the courier service, takes over the goods.
6. The Buyer may exercise his right for withdrawal from the Contract by written notification of his decision to withdraw from the Contract to the company Mishiko by clear declaration (e.g. by the letter sent by post, fax or e-mail) to the address Mishiko EU s.r.o. represented by iQmobil, s.r.o., Černyševského 10, 851 01 Bratislava, Slovakia., or by e-mail to: email@example.com.
7. The Buyer may use for this purpose the template of the form on withdrawal from the Contract provided on the web site www.mishiko.net, which forms Annex 1 GBT&C of the company Mishiko.
8. The period for withdrawal from the Contract is met if the Buyer sends the notification of exercising of the right to withdraw from the Contract before the period for withdrawal from the Contract expires.
9. After withdrawal from the Contract the Buyer will be refunded all payments which he has paid in connection with the conclusion of the Contract, in particular the purchase price including the cost of delivery of the goods. That does not relate to the additional cost in the Buyer chooses another method of delivery than the cheapest common delivery method offered. The payments will be refunded without any delay, no later than within 14 days after the delivery of the notification of the withdrawal from the Contract. The payments will be made by the same method as the Buyer used himself in his payment unless he explicitly agreed with a different payment method with no extra charges.
10. The payment for the purchased goods will be refunded to the Buyer upon the delivery of the returned goods back to the above address or upon presenting the document proving sending of the goods back, whichever occurs earlier. The deadline is considered met if the goods are sent back before the expiry of the 14-day period. Direct cost of returning of the goods shall be borne by the Buyer. After withdrawal from the Contract the Buyer is liable only for the decrease in the value of the goods caused due to such handling of the goods which is beyond the handling required to find out the properties and functionality of the goods.
TEMPLATE FORM ON WITHDRAWAL FROM THE CONTRACT
(please fill in and send this form only if you wish to withdraw from the Contract)
Mishiko EU s.r.o.
IQ MobileStreet, no., Postal Code, town
“ I, [insert Buyer’s name and the address] hereby announce that I’m withdrawing from the Purchase Contract concerning the following goods: (…..)
The goods have been ordered on (…) and received on (…).
[Insert contact details of the Buyer, his address and sign if sending the withdrawal in a paper form. ] ”
In (…) on (…date…).