These Terms and Conditions of Sale apply to the Customer purchase and the Contract the Customer enter into with the Seller. Please read the terms and conditions carefully so that the Customer knows the Customer rights and obligations. You can save or print these Terms and Conditions so they can be consulted and read at a later time. The Seller shall also save the text of the entire Contract and make it available to the Customer upon a Customer’s request.
NOTE: Products offered on the Xiaomi website are sold by Xiaomi Technology France, having its registered office in 253 rue Saint-Honore 75001 Paris, France and with registration number 840 757 587 R.C.S. Paris as the merchant of record and for the purpose of these Terms and Conditions of Sale is the “Seller”.
These Terms and Conditions apply from November 2018.
1.1. Contract or Agreement: the contract governed by these Terms resulting from an offer by the Seller to sell Products to the Customer and the Customer’s acceptance of the Seller’s offer. The Contract will be concluded in France.
1.2. Customer: the Customer, the natural person who has placed an order with the Seller. If the Customer are not of legal age to form a binding contract with the Seller, the Customer may use the Services only with involvement of a parent or guardian. In addition, in this case the Seller reserves the right to refuse service, terminate accounts, terminate the Customer rights to use the Services, remove or edit content, or cancel orders in its sole discretion.
1.3. Products(s): the hardware products offered for sale by the Seller on the Website requiring transport and physical delivery to the Customer.
1.4. Seller: Xiaomi Technology FranceMi.com, having its registered office in 253 rue Saint-Honore 75001 ParisEnergieweg 2, 5145 NW Waalwijk, Francethe Netherlands and with registration number 840 757 587 R.C.S. Paris.
1.5. Terms: the Seller’s present Terms and Conditions of Sale.
1.6. Website: //www.mi.com/uk/index.html and all relevant subdomains.
2.1. These Terms apply to all offers, contracts and deliveries by the Seller on the Website unless otherwise agreed.
1.1. The Seller’s sales prices are listed on the Website and include all duties, fees and other charges applied upon sales by the Seller, including VAT (if applicable).
1.2. All prices and information on the Website are intended to be accurate and complete; however, in certain situations pricing and other errors may occur. The Customer shall have no right to rely upon a price that is obviously or materially lower than the prevailing retail price for that Product. In the event the Seller’s published price for a Product is obviously or materially lower than the prevailing retail price due to the Seller’s pricing error, the Seller has no obligation to sell at that price and shall be entitled to cancel the Contract with the Customer before shipment and delivery. Correspondingly, if the Seller has offered a Product or Service at a price that is materially or obviously higher than the prevailing retail price for that Product due to a pricing error and accepted the Customer’s order at that price, the Seller will allow the Customer to cancel the Contract and /or reimburse the Customer for the difference between the higher price and the true price.
1.3. Unless otherwise stipulated on the Website and in the order process, the Seller’s delivery and administration charges are included in the final price payable for the Products. Any charges or fees that will be added to the Product price will be visible to the Customer during the order process and before the Customer is placing the order.
1.4. The shipping costs for Products are specified on the Website’s shipping cost page and specified in the order process.
1.5. Payment shall be made by debit or credit card or through use of any other payment method offered on the Website. Any refunds to the Customer will be made to the same card or other payment method.
1.1. Contracts will only be entered into through the Website.
1.2. When the Customer has placed an order on the Website, the Seller will send the ordering information by email. Until the reception of such email, the Customer has the right to cancel the order and terminate the Contract.
1.3. The Customer understands and agrees that the information such as the Products and prices displayed by the Seller on the Website, in spite of the Seller’s best efforts, may contain exceptional errors. The order information data created by the system is automatically generated by the computer information system pursuant to the contents the Customer filled in. A Contract relationship shall be deemed established between the Customer and the Seller only after the receipt of an email confirmation sent by the Seller to the Customer with respect to the Products that will be actually sent directly to the Customer. If the Customer orders multiple Products in one order and the Seller only confirms by email the order and the delivery of some Products, the Customer and the Seller only establish a contract relationship with respect to the Products that have been confirmed and that will be actually sent directly to the Customer. A contract relationship is established between the Customer and the Seller with respect to other Products that are actually sent directly to the Customer only if the Seller actually send other Products ordered directly to the Customer.
1.4. Each Contract must be paid for in advance of delivery by credit or debit card or by any other means offered on the Website. Products will only be shipped after the Seller’s verification of the payment made by the Customer.
1.5. The Customer is solely liable for payment of any fees charged by its bank, card company or other provider of the Customer’s selected payment option. The Customer understands and agrees that the Seller implements the method of first payment before delivery. The required payment paid by the user for the purchase of Products in a timely, full and legal manner is part of the contract offer you send to the Sellers, also is the premise that the Sellers will deliver the Products to the user. If you fail to complete the payment in a reasonable manner or at the specified time, the Seller shall have the right to cancel the order.
5.1. The Customer’s order and Contract will be processed and performed when the Seller has received the Customer’s payment. The Seller is not obliged to ship any Products before it has received payment in full of the price for the relevant Product.
5.2. The Seller focuses on the business expansion towards the end consumers, so the procurement service is not allowed. In other words, the Seller will act only at retail level and the number of products that may be purchased from the Seller will be limited. Procurement service refers to the behavior by which a customer's primary or important business is purchasing the Products through the Website and reselling such Products to their direct customers. If the Seller finds that the Customer has the records of resale of the Products purchased from the Website, the Seller shall have the right to no longer allow this Customer to purchase the Products, and it is possible to permanently close this Customer’s account and prohibit the Customer from re-registering a Customer’s account on the Seller Website within a certain period of time. This prohibition of resale clause also applies to the Products purchased by the Customer on behalf of the unit with the government and enterprise group purchase method from the Website. The liability and loss caused by the Customer sale or resale of Products on Website shall be borne by the Customer and have nothing to do with the Seller.
5.3. If the Seller publishes the limited quantity of certain Products on a web site page, and if you plan to purchase more than the limited quantity of the Products, please contact the Seller. The Seller shall have the right to cancel the order that the Customer has submitted for more than the limited quantity. The above-mentioned limited quantity may be applicable to several individual customer accounts, under certain situations. In this regard, if the Customer places orders through multiple accounts within a certain period of time, the number of cumulative single orders must not exceed the limit quantity of the Products, provided that the Seller determines that the actual purchaser of such single orders is one and the same person or is closely related to another customer by the delivery address, the IP address of the order, the contact number, receiver and other information. In such circumstances, if the total purchase quantity of the multiple orders exceeds the limit quantity of the Products, the Seller has the right to cancel the relevant orders. Xiaomi has the right to decide whether to close the Customer’s Xiaomi account based on such situation and whether to prohibit the Customer from re-registering a customer account on Xiaomi Website within a certain period of time.
5.4. The Seller will try its best to meet the Customer demands, avoiding the Products the Customer purchase are out of stock. But due to technical obstacles and various factors that are difficult to control and avoid, the Seller cannot guarantee that all requested Products in the order the Customer submitted will be in stock. If the Products the Customer ordered are out of stock, both the Customer and the Seller shall have the right to cancel the order, and if the Customer has already paid, the payment will be refunded to the Customer.
5.5. When the Customer places an order, the Customer shall fill in the receiver’s name, contact information, delivery address, contract fulfillment method, and other contents for the Products the Customer wishes to purchase. The Products purchased will be delivered at the delivery address specified. The loss caused by the Customer change of contact person or related delivery information shall be at the Customer own risk.
5.6. For the Products the Customer purchases, the Seller will send the Products to the Customer designated delivery address through the logistics company (except for out of the delivery range). Please receive the Products as per the Seller's receiving process; Xiaomi and the Seller cannot be held responsible for any adverse damage or other consequences resulting from receiver’s behaviors and meanings. If signature and confirmation are required, please sign for the Products after reading the relevant terms.
5.7 You shall accurately fill in the Customer real name, delivery address and contact information. If the order is delayed or fails to be delivered arising out of the following circumstances, the merchant shall not bear the relevant responsibilities and reserve the right to cancel the order unilaterally:
• The delivery address, contact information, etc. are incorrect, non-existent or not detailed enough;
• The delivery person contacts the receiver through the reserved receiving mobile phone number twice, which unable to connect or no answer;
• The cost and the associated consequences of the repeated delivery of the Products arising from nobody signing for express delivery;
• Force majeure, such as natural disasters, traffic martial law, strikes, riots, government actions, sudden wars, etc.
5.8 The Product/service promotion content, parameter price, quantity, and availability of Product/service information on the Website may change at any time, therefore the Website may not give a special notice. Due to the huge amount of Product/service information on the platform, although the Website will make its best efforts to ensure the information accuracy of the Product/service you view, however provide that the information displayed on the platform may have a certain lag or error due to objective reasons such as well-known Internet technology factors. If you find that the Product/service information is wrong or in doubt, please do not submit the order or accept the service, and inform the Xiaomi first and foremost. 5.10 If the order is canceled for any reason, the F code (the product purchase qualification) used for the purchase of the Products, and the coupon used when making the payment, etc. are invalid due to the use and may not be used again. In case the order has been canceled by a Seller’s decision, the benefit of a discount coupon in possession of the Customer before the order may be refunded, at the Customer’s request.In relation to whether the coupon is invalid due to the use, if Xiaomi or the Seller has special rules, it shall be handled in accordance with the special rules announced by Xiaomi or the Seller.
5.8 Other termination situations:
Xiaomi shall have the right to limit whole or part of your rights in exceptional situations, cancel related unfulfilled orders, or cancel your Xiaomi account if you encounter any of the following situations:
① You affect the normal operation of the Website or the services provided by the Website to other users through on-line attacks and mass advertisements;
② You repeatedly publish information not related to the sold Products or services in the comment area or consultation area;
③ You seek benefits by improper means (such as plug-in tools, network attacks, etc.);
④ You reject the Products multiple times or refuse to accept services without objective reasons and in any case not due to the quality of Products/services;
⑤ You engage in claiming or reselling business through account shopping (such as wholesale, retail); ⑦The order information you provide (including but not limited to name, phone number, ID number, email address, etc.) is untrue, inaccurate or incomplete;
⑧You have other serious behaviors that affect the normal operating order of the platform or illegal activities.
5.9 If your account on the Website is terminated, for the trading order generated during the validity period of the account, Xiaomi may notify you thereof and decide whether to close the trading order or to proceed to the delivery.
5.10 Once your account on the Website is terminated, your right to use the services on the Website shall be terminated. Xiaomi shall not be liable to you for terminating this Agreement in accordance with the provisions of these Terms, including terminating your user account and deleting your user content; Xiaomi shall not be obligated to provide you or a third party with the information generated by your use of the services on the Website.
6.1. The Customer (being a consumer) has the right to withdraw from the Contract within 14 days without giving any reason.
6.2. The withdrawal period will expire after 14 days from the day the Customer acquires physical possession of the Product.
6.3. To exercise the right of withdrawal, the Customer must inform the Seller at the address below of the decision to withdraw from the Contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
6.4. The Customer may also use the model withdrawal form on the Seller’s Website, but this is not obligatory. If the Customer elects to use such form, the Customer can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on the Website. If the Customer uses this option, the Seller will communicate to the Customer an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.
6.5. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
7.1. During the withdrawal period, the Customer shall handle received Products and packaging with due care. The Customer must only unpack or use the Product to the extent necessary to determine the nature, properties and functioning of the Product. As guidance, the Customer may only unpack, use and inspect the Product to the extent this would be allowed if the Customer had purchased the Product from physical premises like a shop or outlet.
7.2. The Customer will be liable for a decrease in value of the Product if the Customer has used, damaged or otherwise disposed of the Product in a manner that is not consistent with what is allowed under clause 7.1.
7.3. The Customer will not be liable for any decrease in value of the Product if the Seller has not provided the Customer with all the information on the right of withdrawal that the Seller is required to provide by law before entering into the Contract.
8.1. If the Customer withdraws from the Contract, the Seller shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller was informed about the decision to withdraw from the Contract.
8.2. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
8.3. The Seller may withhold reimbursement until the Seller has received the Products back or the Customer has supplied evidence of having sent back the Products, whichever is the earliest.
8.4. The Customer shall send back the Products without undue delay and in any event not later than 14 days from the day on which the Customer communicated the withdrawal from the Contract to the Seller. The deadline is met if the Customer sends back the Products before the period of 14 days has expired. The Customer shall return the Products themselves, accessories and free gifts when the Customer return the Products. Free gifts include material objects, points, vouchers, coupons, etc. If the free gifts fail to be returned at the same time, the Customer shall pay for the free gifts in accordance with the price of the free gifts indicated in advance on the request of the Sellers.
8.5. The Customer will have to bear the direct cost of returning the Products by post. If the Product by its nature cannot normally be returned by post, the Customer will have to bear the direct cost of returning the Products. The cost is estimated at a maximum of approximately 20 EUR (or the equivalent value in other currencies).
8.6. The Customer is only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
9.1. The Seller is not obliged to accept withdrawal and refund the purchase price in case of:
9.1.1. quickly perishable Products or any Products having a limited shelf-life;
9.1.2. sealed software, memory (e.g. SD or USB memory), audio or video recordings if such Products were unsealed after delivery to the Customer;
9.1.3. the Product has been personalised or made to the Customer’s specifications to the extent the Seller has made it clear on the Website or confirmed in the order confirmation that such Products are excluded from the withdrawal and return rights.
10.1. In the event of a force majeure situation (including but not limited to strikes, extreme weather conditions), the Seller’s obligations under the Contract are suspended during the period of the force majeure situation.
11.1. Product warranties offered to the Customer will not limit or negatively impact the Customer’s rights and remedies under consumer protections laws.
11.2. Product warranties are available on the Website.
12.1. A Product is defective or non-conform if it does not comply with the manufacturer or the Seller description or if it cannot be used for normal purposes. The Product is also defective if it is not of normal quality and does not perform as can be reasonably expected.
12.2. If a Product is found to be defective upon installation or use or if the Product does not conform to the Contract, the Customer must inform the Seller within 2 months after the Customer detected or identified the defect or non-conformity but no later than 1 year from the date of delivery.
12.3. If the Customer is a consumer, any defects or non-conformity must be notified to the Seller no later than 2 years from the date of delivery.
12.4. If the Product is defective or non-conform, the Customer may require the Seller to remedy the defect. The Seller shall be entitled to determine whether the Product will be repaired or replaced. Should the Seller refuse to remedy the defect or should, within reasonable time, such remediation fail, the Customer shall be entitled, at the Customer’s discretion, to return the Product and demand a refund, or demand an appropriate price reduction if the Customer decides to keep the defective Product. The Customer’s entitlement to claim damages under law remains unaffected.
12.5. Claims for defects or non-conformity cannot be raised against the Seller and the Seller shall have no liability to the Customer if and to the extent:
12.5.1. The defect arises or is due to the Customer’s abuse or misuse of the Product, fire, liquid contact and similar causes external to the Product;
12.5.2. The defect is caused by the Customer’s use of the Product for non-intended purposes or contrary to the manufacturer’s or the Seller’s instructions, manuals or guidelines;
12.5.3. The defect arises from the Customer’s own or unauthorized repair, or the use of non-original spare parts or components.
13.1. If the Customer has a complaint about the handling of the Contract or the provision of the Seller’s services in relation to the Customer’s purchase of the Products, the Customer may contact the Seller through the phone numbers, email address, web links or postal addresses indicated on the Website. In order for the Seller to handle a complaint by phone or email, please provide:
13.1. order number,
13.2. Customer name and address,
13.3. E-mail address,
13.4. a description of the basis for the complaint, and
13.5. what remedies or actions are required from the Seller.
13.2. The Seller will not deal with or respond to any complaints raised through the use of social media (e.g. Facebook, Twitter) unless this option is offered on the Website.
13.3. The Customer will receive a response to the complaint within 14 days.
13.4. The Customer (being a consumer) may also report and submit a complaint to the local country Online Dispute Resolution bodies identified on the ODR platform of the European Commission at http://ec.europa.eu/odr
14.1 The Products are manufactured according to specifications and intended for use in the countries of the European Economic Area or Switzerland (EEA). Warranties and remedies granted to customers located in this region may not apply to any Customer buying Products from outside this region.
14.2 The Contract and all Products are subject to applicable export control laws, including but not
limited to the export control laws of the USA and of the Customer’s own jurisdiction. The Customer may not export any Product purchased from the Seller to any country or territory or any party if prohibited by export control laws. Prohibited countries and territories include Cuba, Iran, Syria, North Korea, Sudan and the Crimea region. If the Customer plans to export any Product purchased from the Seller to another country, the Customer must obtain the required export licenses (or other government approvals) prior to doing so. The Customer may not purchase Products for resale or transfer. All purchases must be for the Customer’s own use.
15.1 If other third-party sellers except for Xiaomi sell their own products, provide their own services or software through the Website, Xiaomi only provides network platform services for third-party sellers. In addition, Xiaomi provides website links of affiliates and other enterprises. Xiaomi will conduct auditing and screening to the greatest extent, but Xiaomi shall only provide Internet platform or promotion service for third-party sellers.
15.2 You have the right to choose to use the payment method provided by Xiaomi. You understand and confirm that the payment service is provided by the third party with legal qualifications for users. The conditions and standards for such payment service are determined by you and the payment service provider.
15.3 You agree that Xiaomi has the right to send order information, promotions, advertisements or advertisement links to you and your designated receiver by mail, SMS, telephone, etc.
15.5 If you fail to make a clear service request, Xiaomi will not take the initiative to provide you with paid services by telephone or otherwise methods. If you accept the above services, Xiaomi shall not be responsible for such services.
16.1 These Terms and any Contract and dispute between the Seller and the Customer shall be subject to the laws of France, and the parties submit any dispute to the exclusive jurisdiction of the competent courts in Paris, France.
16.2 If the Customer is a consumer, section 15.1 shall not operate as a restriction with respect to the Customer’s rights under consumer protection laws to apply the laws and submit any claim, dispute or conflict to the competent courts of the EEA country where the Customer is located or from which the purchase is made. Nothing herein shall restrict the Customer’s use of ODR under clause 13.
16.3 If a provision of these Terms are found invalid or non-enforceable, this will not affect the validity of the other provisions of these Terms.
Should the Customer have any questions, complaints or comments after reading these Terms and Conditions, please contact the Seller through the Website or by email, or at the Seller’s address:
Xiaomi Technology France Address: 253 rue Saint-Honore 75001 Paris
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