公司注册地址: Týn 640/2, Prague 1, 101 00，
1.6 卖方可根据国家法律法规变化及维护交易秩序、保护消费者权益需要，不时修改本协议、补充协议，变更后的协议、补充协议（合称“变更事项”）将通过页面公告通知您。 如您对已生效的变更事项不同意，您应当于变更事项确定的生效之日起停止使用买欧洲服务，变更事项将对您不产生效力；如您在变更事项生效后仍继续使买欧洲服务，则视为您同意已生效的变更事项。本条款不影响由于修改前的规范而产生的权利和义务。
TERMS AND CONDITIONS
Valid from 06.06. 2020
Terms and Conditions of Business Company Maiouzhou, s.r.o., Company ID: 08369076, Tax ID: CZ08369076 with registered office at Týn 640/2, Prague 1, Postal Code: 101 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert: 316027 (hereinafter referred to as the: “Seller”).
1. General provisions
1.1 These Terms and Conditions govern and specify the mutual rights and obligations arising in connection with or on the basis of a purchase agreement concluded between the Seller and the Buyer (hereinafter referred to as the "Buyer") who purchases the Seller's goods through the online cross-border store www.maiouzhou.cn (hereinafter referred to as the “Maiouzhou”). By accessing or using the Maiouzhou website, the Buyer agrees to be bound by these terms and conditions. If, after reading the Terms and Conditions, the Buyer does not agree with their wording, the Buyer is obliged to immediately stop the process of registration, login or other use of Maiouzhou.
1.2 These Terms and Conditions do not apply in cases where a person who intends to enter the purchase agreement is a legal person or a person who, in entering the purchase agreement, acts in the name of his business or in the scope of independent exercise of his profession. Before commencing the registration process and / or subscribing to the Maiouzhou services: The buyer must comply with the legal requirements relating to the use of Maiouzhou, as required by the laws of the People's Republic of China. If the Buyer is unable to act legally, he and his legal representative bear the legal consequences that resulted from such use.
1.3 Based on the purchase agreement, the Seller undertakes to deliver the ordered goods to the Buyer and the buyer undertakes to take over the goods and pay the Seller the purchase price, including shipping and packing costs. In order for the purchase agreement to be established, the Buyer has to send the order and pay the purchase price, including shipping and handling costs, and the Seller has to accept the order.
1.4 Information about the purchase agreement is in Article 2. The purchase price, payment terms and payment methods are specified in Article 3. Article 4 deals with the transport and delivery of goods. Information on the possibility of withdrawal from the contract is in Article 5. Rights from defective performance (complaint) can be found in Article 6. The costs of using means of distance communication are in Article 7. Final provisions can be found in Article 8.
1.5 The text of these Terms and Conditions may be modified or amended by the Seller. This provision shall not affect rights and obligations arising during the period of effect of the previous wording of the Terms and Conditions.
1.6 The Seller reserves the right, in accordance with the national law, to maintain and change the order of transactions and to protect the interests of the Buyer. The Seller reserves the right to change the terms and conditions and related documents (collectively referred to as “changes”). The Buyer shall be notified of these changes on the site and if he does not agree with the changes that have already entered into force, the Buyer should stop using Maiouzhou services from the date these changes took effect. Once the change is notified as a page notification, it will take effect and replace the previous related content. The seller does not need to inform each user separately. In the event of a dispute, the last amendment shall prevail. If the buyer continues to use Maiouzhou services after the changes come into effect, they are deemed to have accepted and agreed to the changes. If the Buyer continues to use Maiouzhou services after the changes come into effect, it is deemed that the Buyer agreed to the changes. The Buyer deemed to be aware of the change and agree to accept it. This clause does not affect the rights and obligations arising from the modification of these previous terms of service.
1.7 The Seller guarantees that the sold goods are from European suppliers.
2. Purchase agreement
2.1 The placement of the goods offered by the seller on the website of the online store www.maiouzhou.cn shall be considered as a non-binding offer. The contractual relationship between the Seller and the Buyer arises from Buyer submitting the order and paying the purchase price (including shipping and packing costs by the buyer) and subsequent delivery of acceptance of the order (acceptance) by the Seller, which is sent to the Buyer via text message on the phone number which the Buyer submitted upon registration. The resulting contract may only be changed or canceled by agreement between both parties or based on a legal grounds. All the notices for users of Maiouzhou can be performed through page announcements, emails, station messages, mobile phone text messages or regular letter delivery, etc., and will be deemed to be delivered after successful delivery.
2.2 Registration process:
2.2.1 To order the goods it is necessary to register and submit all necessary information, especially:
(a) Name and Surname
(b) ID number
(c) Phone number
(d) Photo of an ID card (front and back)
The Buyer further confirms and agrees that the information provided for registration is true, accurate, complete, legal and valid and that any changes to this information must be updated in a timely manner.
2.2.2 If the Seller discovers or is warned by a third party that the Buyer has used false information to register and / or log in, or that the Buyer's avatar, nickname or other information is illegal, incorrect or morally infringing, the Seller has the right to remedy the situation:
(a) The Seller is entitled to rectify the error directly.
(b) The Seller is entitled to suspend the use of the account.
(c) The Seller is entitled to cancel the account.
(d) The Seller is entitled to assume all rights to the account.
(e) The Seller is entitled to take further steps not specified in this clause for the purpose of rectification.
2.2.3 The Seller shall not be liable to the Buyer for any loss caused by misuse of the account or unauthorized access by third parties, including, for example, as a result of the loss of the password.
2.2.4 The purchase behavior is based on the basic real consumer demand. There must be no malicious purchases etc. that disturb the the normal order of transactions. If such behavior occurs, the Seller has the right to:
(a) cancel orders,
(b) restrict transactions,
(c) delete information,
(d) limit account rights
2.3 Before submitting the order to the Seller, the Buyer has the opportunity to check and change the data entered into the order by the Buyer. Before submitting the order, the Buyer is acquainted with the final price including the packaging and shipping fee. The Buyer submits the order to the Seller by clicking on the "Submit Order" button.
2.4 By submitting the order the Buyer confirms that he has read the valid wording of the Terms and Conditions and agrees with the wording without any reservation.
2.5 The Seller reserves the right, among other things, to cancel an order or part of if:
(a) the goods are no longer manufactured or delivered.
(b) the goods are marked as "currently unavailable"
(c) the order cannot be executed due to force majeure.
(d) the buyer has not paid the purchase price as specified in the order.
(e) the price of the supplier of the goods has changed significantly.
(f) the goods on the Seller's website are clearly displaying a false/wrong price.
The seller is obliged to inform the Buyer about this fact immediately. If the buyer has already paid part or all of the purchase price, this amount will be refunded.
2.6 The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with persons who have previously breached the Purchase Agreement (including the Terms and Conditions).
2.7 The limit of each individual transaction and the annual limit of transactions in cross-border e-commerce shall be governed by the relevant national policies. When purchasing goods on Maiouzhou, the Buyer is obliged to calculate and be responsible for not exceeding the limits; Any adverse consequences (including failure to perform customs clearance) as a result of exceeding the limit are borne by the Buyer.
3. Purchase price, payment terms and payment methods
3.1 The purchase prices of the goods on offer are inclusive of value added tax, but they do not include packing and shipping costs. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the final purchase price also includes the costs associated with the delivery of goods. The buyer is informed about the final purchase price of the order, including the cost of delivery of the goods, before submitting the order.
3.2 Prices are quoted in EUR, the exchange rate is governed by the Alipay and Wechatpay exchange rates.
3.3 The seller reserves the right to change the prices of goods. The price when submitting the order to the buyer is valid until the order confirmation / cancellation.
3.4 The buyer can choose from the following payment methods:
4. Transport and delivery of goods
4.1 The method of delivery of goods is determined by the seller.
4.2 The price for transport and packing must be paid by the Buyer together with the purchase price, otherwise the purchase agreement is not concluded. The Buyer is presented with the price of transport and packing before submitting the order.
4.3 The time of delivery of the goods always depends on the availability of ordered goods. The seller cannot influence the time of delivery of goods by external carriers. In the event of problems regarding delivery time, the buyer may contact the seller to resolve the situation with the carrier. In general, the delivery time is 14 working days.
4.4 Delivery of goods according to these terms and conditions means the moment of delivery of goods to the address specified by the buyer in the order. Unreasonable rejection of the goods by the Buyer shall not be deemed a failure to fulfill the obligation to deliver the goods by the Seller or withdrawal from the Contract by the Buyer.
4.5 The buyer acquires title to the goods by receiving the goods. Responsibility for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so contrary to the purchase contract.
4.6 When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach/violation of the package, which indicates unauthorized entry into the shipment, the buyer shall not take the shipment from the carrier.
4.7 The applicable taxes and fees to be paid by the buyer for the purchased goods are set out in the provisions of the “Customs Tariff Principles”.
5. Withdrawal from the purchase agreement
5.1 The purchase agreement is concluded by means of distance communication (in the online store), the buyer has the right without giving a reason to withdraw from the contract within 7 days of receipt of goods.
5.2 Withdrawal from the purchase a via the customer service site - available in the part Returns and Complaints.
5.3. In the event that the buyer withdraws from the contract according to the preceding paragraphs, he is obliged to send the goods back to the seller at his own expense to: Týn 640/2, Prague 1, 110 00 Czech Republic. The goods must be returned to the Seller undamaged, unused and unpolluted and, if possible, in the original packaging, within 30 days from the date of withdrawal from the purchase contract.
5.4 When sending the goods, the buyer is obliged to pack the goods in a suitable packaging so that it is not damaged or destroyed. Goods that are substantially damaged or destroyed during transport due to the use of unsuitable packaging cannot be returned the purchase price of the goods.
5.5 The Buyer acknowledges that if the goods returned to the Seller are damaged, worn or partially consumed, the Seller shall be entitled to compensation from the Buyer for damages incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for compensation of the incurred damages against the Buyer's claim for refund of the purchase price of the goods.
5.6 The costs of returning the goods to the Seller in case of withdrawal from the Purchase Agreement by the Buyer shall be borne by the Buyer, even if the goods cannot be returned by their usual postal route due to their nature.
5.7 The buyer shall return the funds in the amount of the purchase price of the goods without the delivery costs within 30 (thirty) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as received by the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.8 The consumer does not have the right to withdraw from the purchase agreement especially in the case of a purchase agreement for:
(a) the supply of perishable goods and goods which have been irreversibly mixed with other goods after delivery.
(b) the supply of sealed goods which the consumer has removed from the package and for reasons of hygiene it cannot be returned.
5.9 In a case that the purchase agreement relates to goods with the indication "Return without reason is not possible" it is not possible to withdraw from the purchase agreement as based on 5.1
5.10 It is not possible to withdraw from the contract without giving a reason if:
(a) Anti-counterfeit marks and labels are damaged.
(b) The 3C digital product serial number is inconsistent with the product sent and cannot be returned.
(d) The product is not sold by Maiouzhou.
(e) The purchase agreement relates to goods that are labeled "Return without reason is not possible".
(g) Additional items have been added to the goods and cannot be returned with the main product (eg accessories or warranty cards).
5.11 The seller has the right to withdraw from the contract in the following cases:
(a) a technical error resulted in a clearly wrong purchase price on the Store's web interface;
(b) goods for objective reasons cannot be supplied under the original conditions;
(c) execution of the agreement becomes objectively impossible or illegal.
6. Rights from defective performance
6.1 The Seller is liable to the Buyer that the goods are free from defects upon delivery. In particular, the Seller is liable that at the time the Buyer has received the goods that:
(a) has properties agreed upon by the parties and, in the absence of an agreement, features described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out;
(b) the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
(c) the goods are of an appropriate quantity, measure or weight
(d) complies with legal requirements.
6.2 If the goods do not have the aforementioned characteristics, the buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods. The buyer has the right to deliver new goods or replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
6.3 Upon receiving the goods, the buyer is obliged to immediately inspect the goods (including the outer and inner packaging, foil bags, etc.) If the Buyer finds out that the goods do not exhibit the characteristics of 6.1, he must contact Customer Support immediately, no later than 48 hours after receipt of the goods, and provide the following information: Order number, photo and damage description, CN24 damage report (damage report), and outer packaging photo. The buyer is not obliged to comply with a late claim.
6.4 The buyer exercises the right from defective performance through the customer service available in the Returns and Claims section. Before exercising the right, the buyer shall make sure that the reasons of complaint comply with the stated conditions.
6.5 As the moment of claiming the defective performance is considered to be the moment when the Seller was notified of the defect by the Buyer and the claim of defective performance was exercised by the Buyer.
6.6 The Seller shall decide on the claim by 7 work days. This period does not include a reasonable time depending on the type of product needed for expert assessment of the defect. Complaints, including the sending of new goods will be handled without undue delay, no later than 30 (thirty) days from the date of claim, unless the seller and the buyer agree on a longer period.
6.7 The buyer does not have the right to defective performance if the buyer knew or had to know that there was a defect before taking over the goods or if the buyer himself caused the defect.
6.8 Product images and information on the website are for informational purposes only. There may be color differences between the goods and the promotional material due to the different displays on the monitors. However, this does not give the buyer the right to defective performance.
6.9 The Buyer cannot exercise the right from defective performance also in the case that:
(a) it is the wear and tear of the goods caused by its normal use.
(b) where this is due to the nature of the goods.
(c) the goods are demonstrably misused.
(d) the goods are stored incorrectly.
(e) the damage was not caused by the seller.
7. Cost of using means of distance communication
7.1 The Buyer agrees to use the means of distance communication when 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 (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
8. Final provisions
8.1 How the Seller processes the Buyer's personal information is described in the Customer Privacy section. The Buyer acknowledges that he / she is obliged to present his / her personal data correctly and truthfully and that he / she is obliged to inform the Seller without undue delay about a change in his / her personal data. The Buyer confirms that the personal information provided is accurate.
8.2 These Terms and Conditions shall apply as stated on the Seller's website on the day of conclusion of the purchase agreement The Buyer's order is, after its confirmation as a concluded contract between the Buyer and the Seller, archived for the purpose of its fulfillment and other records and its status is accessible to the Buyer.
8.3 The Buyer is not entitled to assign the rights and obligations of the Purchase Contract to a third party without the Seller's prior written consent.
8.4 The purchase contract concluded between the contracting parties and these Terms and Conditions are governed by the relevant legal regulations of the People´s repubic of China,
where this is not possible the established business practices will be used.
8.5 Disputes arising from the use of Maiouzhou Services will be settled by Maiouzhou Services in consultation with the Buyer. If the negotiation fails, either Party may submit the dispute to the International Arbitration Commission for Economic and Commercial Arbitration in accordance with the arbitration rules, for arbitration by three arbitrators.