General terms

Mamiee s r.o.

Sadová 704, Líbezncie 250 65

ID co.: 03625991

1.1 These general terms and conditions (the “General Conditions”) n their current version at the time of placing the order, shall apply to contracts for the purchase of goods concluded between you as a consumer (the “Customer”), who places an order via website www.mamiee.com and related pages, (the “Website”) and Mamiee s.r.o., company reg. no CZ. Detailed contact information and other information about Mamiee are set on the Website. The General Conditions are only applicable for Customers that are consumers. A consumer is any natural person who concludes a legal transaction for purposes that can neither be attributed to commercial purposes nor self-employed professional activities. Sales to entrepreneurs / merchants occur only for private purposes, not for business purposes. For offers or order requests for commercial purposes the entrepreneur can contact Mamiee by email or telephone. 

1.2 The contractual partner for the customer is Mamiee s r.o., Sadova 704, Libeznice, 25065 Praha Vychod, Czech Republic, email: obchod@mamiee.cz, Commercial register no: 03625991, VAT number: CZ03625991.

1.3 The General Terms shall govern the details of the contractual relationship and shall also provide important information to consumers in their legally relevant version. We will  send you a separate copy of the General Terms applying to your order as attachment of the order confirmation (e.g. as an email, PDF attachment).

1.4 Mamiee shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Mamiee is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Mamiee will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to  Mmaiee continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the amount of products the Customer will receive or the exact appearance, function or origin of the product. Mamiee is not responsible for any information by third parties provided for on the Website.

1.3 The Website and all its content is owned by Mamiee or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Mamiee.

2. Information requirements for distance contracts

2.1 The essential characteristics of the products are listed in the article description and can be reviewed during the order process. Mamiee reserves the right to withdraw from the contract if Mamiee is not able to deliver the ordered goods without being deemed at fault, as the deliverer would not fulfill their contractual obligations in this case.

2.2 The contract is concluded in the following ways: Customers shall place their orders in the online shop www.mamiee.com in one of the available languages. The presentation of goods in the Mamiee online shop solely represents a non-binding invitation to order goods from Mamiee. It does not contain a binding sales offer.

2.3 In order to order goods on website www.mamiee.com, the customer must choose from the online sales offer and initially place the product in their "shopping cart". The shopping cart represents a list of goods which the customer has chosen for the purpose of the order by clicking on them. Once an item has been selected, the customer's shopping cart will be displayed. The quantity of the goods can be amended, and they can also be removed from the shopping cart.

2.4 The offer to conclude a purchase contract shall be initiated by the customer, by the customer clicking the "Submit/Send order" button after having completed the order page. The customer can review the order at any time by clicking on the shopping cart item, and make any desired changes. Prior to submitting the order, the customer can check their delivery and payment option information and change this if desired. 

2.5 If the shopping cart contains all of the goods required in the necessary quantities, then the order transaction can be continued by pressing the relevant buttons. The customer will be asked for their billing and delivery address, as well as their desired payment and delivery methods. Prior to placing the final order, all of the order details will be displayed in a summary view, and the customer has another opportunity to correct such.

2.6 In order to place an order through the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to Mamiee Privacy Policy set forth here. The order, including the customer's personal data, is stored electronically by Mamiee s r.o.

2.7 A purchase agreement is concluded when Mamiee has confirmed the Customer’s order and the Customer has received an order confirmation from Mamiee via e-mail. Mamiee encourages the Customer to save the order confirmation for any future contacts  The Customer is entitled to cancel its order up until it has been confirmed by Mamiee. If the order is cancelled, Mamiee will refund any payments the Customer or its pay- or credit card company has made with regard to the order.

3) Customer data

3.1 When you visit www.mamiee.com and conduct a purchase, Mamiee processes your personal data in order to provide the best site possible for you and to complete the purchase agreement. You confirm that the information you entered is accurate and complete and that any inaccurate or incomplete information is your responsibility. Information regarding Mamiee’s processing of personal data can be found in Mamiee’s privacy information.

3.2 The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Mmaiee without delay if it may be suspected that any unauthorized person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.

3.3 If Mamiee suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Mamiee is entitled to block the Customer’s access to its user account. Mamiee is furthermore entitled to assign new log-in details to the Customer.

4) Prices, fees and payments

4.1 The prices stated on the www.mamiee.com apply to orders placed on the Website. All prices for consumers are presented in EUR and  VAT is included in the prices mentioned on the website. The prices do not include shipping fees, which are given separately in accordance with the terms of delivery.

4.2 The Customer can pay for its purchase in the manner specified on the ww.mamiee.com. Upon invoicing or partial payment, Mamiee or its partners may obtain a third party credit report. In such a case you will be informed accordingly. Mamiee reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order.

All of the information provided on www.mamiee.com, unless otherwise indicated, limited to the date on which the customer accesses the website, given that information, offers and the prices on www.mamiee.com are constantly updated.

5) Payment providers

5.1 Comgate Online payments

You can find more information about Comgate here. Stripe will process your personal information in accordance with the Comgate’s Data Protection Policy.

6) Delivery and shipping

6.1 We only ship to countries mentioned here.

6.1 Products in stock are normally shipped within 3 working days. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after Mamiee has confirmed the order in writing through the order confirmation.

6.2 The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.

6.3 If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail. Mamiee is entitled to charge the Customer a fee of 20€ if the package is not retrieved.

6.4. Express deliveries are not currently available.

6.5 If the goods to be delivered to the customer, the customer has to bear the delivery costs and any applicable import duties. A delivery condition is that they goods are Delivered Duty Unpaid (DDU).

6.6 The delivery costs will be displayed immediately in the online shop prior to placing the order. The delivery costs are calculated for max. 10 kg weight. We reserve the right, in full or temporarily, to only offer standard delivery in our online shop, and/or to temporarily waive the delivery charge.

6.7 We willl promptly inform you of any delays in delivery.

7) Right of withdrawal

7.1 When purchasing products on the Website the Customer can return delivered goods without giving a reason within 14 days of receipt without risk. This means that the Customer has the right to cancel any purchase by notifying Mmaiee accordingly within 14 days from when the Customer or its representative received the product ordered (withdrawal period).

7.2 Personalized items, as well as unsealed CDs, CD-ROMs, DVDs and hygiene products are excluded from the 14 day periodsuch. The purchase contract is binding once you approve the goods received.

7.3 If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Mamiee email: obchod@mamiee.cz and send us the Form for the Right of Withdrawal, which is part of these General Conditions. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. 

7.4 If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Mamiee was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to Mmaiee in accordance with the methods and directions set forth on the www.mamiee.com. Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer.

7.5 When the Customer withdraws its purchase, Mamiee will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by Mamiee are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. Mamiee is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.

7.6 Mamiee will pay back the amount without undue delay, however, no later than within 14 days from the date Mamiee received the Customer notification of withdrawal. However, Mamiee may delay repayment until Mamiee has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.

Exclusion or premature termination of the right of withdrawal

The right of withdrawal does not apply to contracts

  • the supply of goods which are not prefabricated, and for the production of which, an individual choice or decision by the consumer needs to be taken, or goods which are clearly tailored to the personal needs of the consumer;
  • the supply of goods that can spoil quickly or whose expiration date has passed quickly;

The right of withdraw shall expire prematurely in contracts

  • for the supply of sealed goods which are not suitable for returns due to reasons of health or hygiene if their seal was removed after delivery;
  • the supply of goods if they were mixed inseparably with other goods due to their nature after delivery;
  • for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.

In order to ensure efficient processing, the customer is asked to return the goods in their original packaging and with all packaging components or at least within packaging seemed sufficient for transport and keep this receipt until the end of the consequences of withdrawal period. 

Rights of the customer in case of defects and liability 

(1)   The statutory warranty period is two years, and begins on the date of delivery of the goods to the customer or the receipt of the goods by the customer. Our customer service center is available to provide advice and practical help in the event of any issues.

(2)   With regard to customer-alleged defects, Mamiee will resolve such at its discretion, at its own expense by either repairing the product or delivering a new item or one with refurbished parts.

(3)   If repairs or replacement deliveries do not resolve the situation within a reasonable period, the customer can either demand a reduction of the purchase price or can withdraw from the contract.

(4)   Provided there are no other issues, any further claims of the customer, for any legal reasons, are excluded. Therefore Mamiee is not liable for damages which are nor directly attributable to the delivery item itself; and in particular, Mamiee is not liable for lost profits or other financial damages of the customer. As far as the contractual liability of Mamiee is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.

(5)   The above limitation shall not apply if the damage was caused by intent or gross negligence or personal injury. This shall also not apply if the customer files legally regulated claims.

(6)   Unless Mamiee negligently breached a contractual obligation, the obligation to pay damages is limited to typical damages.

(7)   The customer is to provide documentary proof of any externally apparent obvious damage to the packaging of the goods caused by the carrier or freight forwarder without delay.

(8)   If the complaint is not justified and the article is indeed free of defects, Mamiee is entitled to charge the customer a delivery and inspection fee of 40 euros. The customer retains the right to provide proof of lower expenses. In this case, the customer shall also bear the delivery costs.

8) Force majeure

FitWood is not liable for any delays caused by circumstances beyond FitWood’s control, e.g. general labour dispute, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, FitWood shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and FitWood are entitled to terminate the purchase with immediate effect.

9) Changes to the general conditions 

FitWood reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after FitWood has informed the Customer of the changes. However, FitWood recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.

10) Severability

If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.

11) Applicable law and dispute resolutions

11.1 Any disputes shall primarily be settled by agreement after discussions with Mamiee  s r.o.

11.2 If a dispute cannot be resolved through discussion with Mamiee customer service, you, as the customer, can directly submit complaints online via the EU-commissions platform mediation for disputes. You find the dispute resolution procedure under https://ec.europa.eu/consumers/odr according to the EU regulations for resolving disputes between consumers and online traders (VO no. 524/2013). This provides consumers with the opportunity to resolve disputes concerning online purchases out of court.  If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement.

In any dispute, Mamiee follows the decision of ARN or the respective Dispute Settlement Body.

11.3 Disputes concerning the interpretation or application of these General Terms shall be settled as determined under item 11.2, above, or ultimately by the courts.

PLEASE NOTE! Nothing in these General Conditions affects a Customer’s mandatory statutory rights under applicable local laws, to the extent that such rights apply to such Customer and cannot be limited or excluded.

The General Conditions version: Mamieecom_2021 – 02 – 14