General terms and conditions
Concept Definitions
MIMIKO LTD.: MIMIKO Trade and Service Ltd. (Headquarters: 2310 Szigetszentmiklós, Petőfi utca 65/13., Company reg. number: 13-09-122740, represented by Gyöngyi Kónya managing director, e-mail address: gyongyi.konya@mimiko.hu telephone: +36 30 423 2690 mailing address: 1222 Budapest, Háros utca 7., Building 39)
Client: A person who uses a service from MIMIKO Ltd. or a person working with MIMIKO Ltd.
Parties: Customer and MIMIKO Kft.
Party: Customer or MIMIKO Kft.
Specific contract: written agreement between the parties
Consumer: a natural person acting outside his / her profession, self-employment or business activity (according to VTV / Ptk / 8: § 1 (1) (3) of 2013)
Repair: Maintenance service should be understood during repair
Terms and Conditions of Use
Please read all of these terms of use (“Terms”) carefully before using our websites, email notifications, mobile applications, social media applications, and other online services (the “Services”) because it affects your legal rights and obligations. Access to and use of this World Wide Web site is provided by Mimiko Ltd. subject to these terms and conditions. Please read these terms and conditions carefully as use of this site or downloading materials from this site constitutes acceptance of these terms and conditions. If you disagree with any of the terms and conditions, do not use this website or download materials from this site.
1. About Us
Mimiko Ltd is registered in Hungary, 2310 Szigetszentmiklós, Petőfi utca 65/13. VAT number: HU14452895.
2. This Agreement and Your Acceptance
Our Services are owned, operated and provided by Mimiko Ltd Our Services are hosted on servers located inside Hungary.
Terms govern the use of Mimiko Ltd’s Services. You agree to these Terms by accessing or using any of our Services. If you do not agree to be bound by all of these Terms, including our Privacy Notice incorporated herein by reference, you should not access or use the Services
3. Our Services
Our Services are provided for your personal information and non-commercial use. The content of our Services is provided for general information only. There will be occasions that our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.
Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by, copyright, trademark, patent, and other applicable laws. The entire content of our Services is copyrighted as a collective work under the relevant copyright laws of the relevant jurisdictions. All trademarks, logos, and service marks are the property of their respective owners. Nothing in our Services shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed without the owner’s prior written permission.
The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any license, ownership or other rights in or to the Materials.
4. Definitions
This website is a service operated by Mimiko Ltd on the World Wide Web of the Internet, consisting of information, resources, services and content provided by Mimiko Ltd. and other third parties and may be used only for informational purposes and only for the benefit of Mimiko Ltd.
5. General
(A) This Agreement, which incorporates by reference other provisions applicable to use of this website, including, but not limited to, supplemental terms and conditions set forth herein governing the use of certain specific material contained in this website, sets forth the terms and conditions that apply to use of this website by you. By using this website (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions set forth herein or on this website and agree not to interrupt or attempt to interrupt the operation of this site in any way.
(B) Unless otherwise specified, the website and use thereof are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website.
6. Your Conduct and Submissions
(A) You may use this website for lawful purposes only. You may not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which is or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which might damage, impair or otherwise harm or adversely affect this website or its operation, or which, without Mimiko Ltd’s express prior approval, contains advertising or any solicitation with respect to products or services. Any such conduct, or any conduct by you that, in I Mimiko Ltd’s sole discretion, restricts or inhibits any other user from using or enjoying this website, will not be permitted. You may not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other websites or services competitive with this website. More specifically : (i) you must use the website solely for the business purposes set forth on this site and agree that no false, misleading or erroneous information will be transmitted to Mimiko Ltd (ii) you may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any
person, (iii) you may not post or transmit any message, data, image or program which is indecent, obscene or pornographic, (iv) you may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion, (v) you may not interfere with other user’s use of the website, (vi) you may not use any robot, spider, or other automatic device or process to monitor
or copy Mweb pages or any portion of the content contained herein without Mimiko ‘s express prior written permission, (vii) you may not post or transmit any file which contains viruses, worms, “Trojan horses” or any other
contaminating or destructive features, (viii) you may not post or transmit any message which is harmful, threatening, abusive or hateful, (ix) you may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, (x) you may not post or list articles which are off-topic according to the description of the group or list or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients, and (xi) you may not use the facilities and capabilities of the website to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
(B) This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a collective work under the Hungary’copyright laws. Mimiko Ltds owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material only for your immediate viewing of this website. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mimiko Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material or by accessing data available on this website.
7. Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER MIMIKO LTD, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS
WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
(B) THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
(C) IN NO EVENT WILL MIMIKO LTD. BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MIMIKO LTD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D) IN NO EVENT WILL MIMIKO LTD OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DISTRIBUTING THIS WEBSITE OR THE WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MIMIKO LTD, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. MIMIKO LTD, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT OR BUSINESS DECISIONS BASED ON ANY INFORMATION PROVIDED AND RECOMMENDS YOU OBTAIN EXPERT ADVICE PRIOR TO ANY SUCH DECISIONS.NEITHER MIMIKO LTD, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
8. Personal Information, Monitoring, Logging and Data Mining
(A) Any personally identifiable information you may provide to Mimiko Ltd via this website is protected by the Privacy Policy associated with this website. Mimiko Ltd does not want you to, and you should not, send any confidential or proprietary information to Mimiko Ltd via the website.
9. Indemnification
You agree to defend, indemnify and hold harmless Mimiko Ltd, officers, employees and agents from and against all losses, damages, claims and expenses, including attorneys’ fees, arising out of the use of this website by you and/or arising out of any violation of this Agreement by you.
10. Third Party Content, Third Party Sites, and External Links to this Site
(A) Neither Mimiko Ltd. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content supplied by third parties, by the users or thru links off from this website, nor its merchantability or fitness for any particular purpose. Moreover, you understand further that the Internet contains unedited materials some of which potentially be offensive to you. You access such materials at your risk. Mimiko has no control over and accepts no responsibility whatsoever for such materials.
(B) Mimiko Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this website by anyone other than authorized Mimiko Ltd employee spokespersons while acting in their official capacities. UNDER NO CIRCUMSTANCES WILL Mimiko Ltd. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. It is the responsibility of YOU to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
(C) As a convenience to you, MIMIKO LTD may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
MIMIKO LTD makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described there on. Links do not imply that MIMIKO LTD or this Site sponsors, endorses, associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MIMIKO LTD.
Note: Additional conditions may be required to use certain services or sub websites on this website.
11. Entire Agreement and Void Where Prohibited
These Terms constitute the entire Agreement between Mimiko Ltd and you with respect to your use of our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Our obligations and responsibilities regarding our products and services are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their content is illegal is prohibited. You may not use our Services or export information and Materials in violation of the export laws of the Hungary Materials published on a website, or otherwise included in our Services, may refer to products, programs, or services that are not available in your country.
Contact Us
If you have any questions about the Terms, please forward such inquiries to:
Mimiko Ltd.
1222 Budapest, Háros utca 7., Building 39, Hungary
The inquiries should include the individual’s name, address, and other relevant contact information (phone number, email address). Mimiko Ltd will use all reasonable efforts to honor such requests as quickly as possible.
General Terms and Conditions of Sale and Delivery
I. General
1. The following terms and conditions shall only apply to persons or legal entities or to partnerships with legal personality when acting in
their commercial or self-employed capacity (entrepreneurs) at the time the contract is concluded.
2. Conflicting, deviating or supplementary terms and conditions laid down by the purchaser shall not be recognized unless previously and
expressly approved by us in writing. Our terms and conditions shall also apply in the case of us supplying the purchaser without reservation after having been informed of conflicting or deviating terms and conditions on the part of the purchaser.
3. Our terms and conditions shall also apply to any and all future contracts with the purchaser. In each case the version valid at the
time of the contract conclusion is applicable. Deviating individual agreements shall take precedence over these terms and conditions.
II. Quotes and contract conclusion
1. Contracts are formed through the offer to enter into a contract/order from the purchaser and our written declaration of acceptance/order confirmation.
2. Our quotes are non-binding in all cases. We shall be entitled to accept the offer constituted by the purchase order within two weeks
either by sending an order confirmation or by sending the ordered products within the same period.
3. The contract shall be concluded with the proviso that, if we ourselves are not correctly or properly supplied, we are not obliged to fulfil the contract, or may only partially fulfil the same. This shall only apply if we are not responsible for the failure to deliver. We will notify the purchaser immediately if the goods are not available or only partially available and return all advance payments of the purchaser immediately.
4. The documentation belonging to our quotes, such as images and measurement, weight and performance specifications, are only
approximate and are non-binding, unless they have been designated as binding. We reserve the rights of ownership and the copyrights to cost estimates, designs and other documentation; they may not be made accessible to third parties without our express agreement.
5. The aforementioned quote documentation must be returned to us without delay at our request or in the event that the order is not placed.
III.Prices
1. Prices are net cash, ex works Hungary, and do not include packaging, carriage or assembly, unless otherwise agreed in writing.
2. The prices stated are based on the current cost factors. Changes to the bases for prices and costs caused by changes in laws may be passed on by us through adjustments to the contract prices. Further more we are entitled to make price adjustments where a delivery
deadline of more than 4 months is agreed and the costs for salaries, materials, assembly or our own self-supply increase demonstrably by
more than 10% and this cannot be compensated by a decrease in other price factors.
IV. Payments
1. On the basic of proforma invoice. The purchase price must be paid in accordance with the contractual agreements with no deductions.
2. Bills of exchange and cheques are not accepted.
3 . In the event that the purchaser does not provide performance despite being in default and a grace period being set, if the purchaser
discontinues payments or of there is a significant deterioration in their financial situation, then we may refuse the performance for which we are responsible until the purchaser’s counter-performance has been provided in full or until suitable collateral is provided for this.
V.Delivery period
1. Delivery times and periods are only binding where they are agreed in writing in the contract. We will not be in default to the extent that delays in providing the delivery are based on ongoing interruptions to operations through force majeure, unforeseeable and unavoidable
events, like unforeseeable and unavoidable official interventions, difficulties with power supplies, strikes/lockout or the shortage of raw
materials. In the event that an obstruction of this type lasts longer than 3 months, then following the setting of a grace period, the purchaser shall be entitled to withdraw from the contract in relation to the part of the order that has not yet been fulfilled.
2. A delivery period shall start with the date that the order confirmation is sent and will have been met if the goods have left our
factory/warehouse by the end of the delivery period or notification has been provided that the goods are ready for shipment where it is
possible to dispatch them.
3. Partial deliveries may be made insofar this is tolerable to the purchaser.
VI. Retention of title
1. Our delivered goods shall remain our property until all of our already existing claims have been paid, irrespective of their legal basis,
including where the purchase price has been paid for claims that have been specifically designated. The retention of title shall serve to secure our claim for the balance where a running account has been opened.
VII. Risk
1. If the goods are sent to the purchaser at the latter’s request then the risk of accidental destruction or of accidental deterioration of the goods shall pass to the purchaser with delivery to the carrier, irrespective of whether the shipment takes place from the place of fulfilment and/or irrespective of the party which is responsible for the freight costs.
2. If the goods are ready for shipment and if the shipment or acceptance are delayed for reasons for which we are not responsible,
then risk shall pass to the purchaser with receipt of the notification that the goods are ready for shipment.
3. If assembly of the goods has been agreed, the risk shall pass at the date of acceptance by purchaser.
4. In all other respects the passing of risk shall be based on the statutory regulations. If delivery or acceptance is postponed due
reasons lying in the responsibility of purchaser, the risk passes when delivery or acceptance is offered by us.
VIII. Warranty
Our warranty is in accordance with the contractual agreements and the statutory regulations subject to the following:
1. Our goods and services are provided and any equipment is created in such a way that they have the agreed features and meet the
recognized technical standards and regulations.
2. The purchaser is under an obligation to examine the goods delivered/service provided and to notify us in writing of any obvious
defects within 2 weeks since delivery.
3. Our warranty especially but not limited to is excluded for normal wear and tear, if defects were caused by wrong information given by
purchaser, improper use, corrosion, maintenance or storage.
4. In the event that a defect should become apparent within the warranty period which annuls or reduces the value or the usability of the
goods delivered/service provided, we will repair or replace the goods or services at our discretion for the purposes of meeting any warranty claims. We shall be entitled to at least three opportunities for supplementary performance.
5. Provided that we meet our obligations related to supplementary performance then the purchaser is not entitled to request any reduction in price, withdrawal from the contract or damages. The purchaser may only assert these rights if the attempts at
supplementary performance have failed or if we have refused to provide supplementary performance on account of the
disproportionate expenditure involved.
5. Claims relating to defects in respect of the delivered goods shall become statute-barred within twelve months as from the passing of
risk. The statutory limitation periods shall apply in cases where we can be charged with grossly negligent or intentional behaviour.
IX. Choice of law, place of fulfilment and jurisdiction
The individual contract and the present GTC shall be governed exclusively by the provisions of Hungarian law by the Parties expressly excluding the application of foreign law, so that in the individual contract or other matters not governed by or otherwise unaltered by this GTC, . (V § . 2013). as well as the rules of the Code of Civil Procedure (Act III § of 1952 ).
Parties to the exclusive jurisdiction of the Courts of District of Budaörs or of the Budapest District Tribunal shall decide on the exclusive jurisdiction of the Hungarian courts to rule on disputes arising out of the individual contract or the present GTC.
