TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (“ToS”) apply to all purchases made and all services offered on https://www.mi.com and all relevant subdomains (“Website”). Please read the ToS carefully so that You (“Buyer”) know Buyer’s rights and obligations.
Products offered on the Website are sold by
For all European Territories except the United Kingdom:
Xiaomi Technology Netherlands B.V., having its registered office at Prinses Beatrixlaan 582, The Hague 2595 BM, Netherlands with registration number 72954914 (“XNL”)

Contact E-Mail
For Spain: service.es@support.mi.com
For Italy: service.it@support.mi.com
For France: service.fr@support.mi.com
For Germany: service.de@support.mi.com

For the United Kingdom:
Xiaomi Technology UK Limited, having its registered office at Davidson House, Forbury Square, Reading, Berskshire, United Kingdom, RG1 3EU.
Contact E-Mail
For UK: service.uk@support.mi.com

Both Xiaomi Technology Netherlands B.V. and Xiaomi Technology UK Limited are referred hereinafter as “Seller” for their applicable territories.
The legal statement, privacy policy, platform specification, notices, announcements, operating rules, help documents and other binding documents available to the Buyer on the Website, shall be supplementary agreements to these ToS with same legal force. If Buyer use the services of this Website, it shall be deemed as an implied acceptance by Buyer tothe above supplementary agreements.
The present ToS apply for any purchase made by Buyer as of the 09th of December 2019 and may be revised at any time by Seller. For any purchase made prior to the 09th December 2019, the ToS published at the time of purchase by Buyer shall apply to that particular purchase.

DEFINITIONS

Contract or Agreement: the contract governed by these ToS resulting from an offer by the Seller to sell Products to the Buyer and the Buyer’s acceptance of the Seller’s offer. The Contract will be concluded at the place of the Seller.
Buyer: You, the Buyer, a natural person who (if necessary) is duly registered at mi.com and/or has downloaded the App and has placed an order with the Seller. If the Buyer is not of legal age to form a binding contract with the Seller, the Buyer 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 Buyer rights to use the services, remove or edit content, or cancel orders in its sole discretion.
MI Account: the personal Buyer´s mi.com account in order to execute the Contract or Agreement (if necessary) and receive information from the Seller.
Products(s): the Products and/or Services offered for sale by the Seller on the Website.

2. APPLICABILITY

These ToS apply to all offers, contracts and deliveries by the Seller on the Website unless expressly otherwise agreed.

3. PRICES

3.1 The Seller’s sales prices are listed in the displayed currency on the Website and include all duties, fees and other mandatory or statutory charges applied upon sales by the Seller, including VAT (if applicable).

3.2 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 Buyer 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 Buyer 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 Buyer’s order at that price, the Seller will allow the Buyer to cancel the Contract and /or reimburse the Buyer for the difference between the higher price and the true price.

3.3 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 Buyer during the order process and before the Buyer is placing the binding order.

3.4 The shipping costs for Products are specified on the Website’s shipping cost page and/or specified in the order process.

3.5 Payment shall and can only be made by credit or debit card or by any other payment method offered on the Website. Payment is charged in the displayed currency and Seller does not take any liability for any currency or exchange rate discrepancies. Any refunds to the Buyer will be made to the payment method used when placing the binding order in the currency as initially displayed on the Website.

3.6 The buyer acknowleges that only one (1) coupon can be used for each and any specific order. For the avoidance of doubt, the holding by the buyer of several coupons will not allow the said buyer to use several coupons for a specific order. The Parties agree that whichever number of coupons the buyer might hold, the buyer shall only be entitled to use one (1) coupon per order.

4. THE CONTRACT

4.1 Contracts will only be entered into through the Website or via the App.

4.2 When the Buyer has placed an order on the Website, the Seller will send the ordering information by email. Until the reception of such E-Mail send by Seller, the Buyer has the right to cancel the order and terminate the Contract, without prejudice to the right of withdrawal provided for in the following sections.

4.3 The order information data created by the system is automatically generated by the computer information system pursuant to the contents the Buyer filled in. A Contract relationship shall be deemed established (unless 3.2 applies) between the Buyer and the Seller only after the receipt of an email confirmation sent by the Seller to the Buyer with respect to the Products that will be actually sent directly to the Buyer. Only those confirmed Products, which are confirmed by the E-Mail from the Seller will form part of the contract and will be delivered to Buyer.

4.4 Each Contract must be paid for in advance of delivery. Products will only be shipped after the Seller’s verification of the payment. The required advance payment by the Buyer for the purchase of Products in a timely, full and legal manner is part of the contract offer.

4.5 The Buyer is solely liable for payment of any fees charged by its bank, card company or other provider of the Buyer’s selected payment option. The Buyer understands and agrees that the Seller implements the method of first payment before delivery. The required payment paid by the Buyer for the purchase of Products in a timely, full and legal manner is part of the contract offer Buyer sends to the Seller, also is the premise that the Seller will deliver the Products to the Buyer. If Buyer 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. PERFORMANCE OF THE CONTRACT

5.1 Buyer’s order and Contract will be processed and performed when the Seller has received the Buyer’s full payment.

5.2 As the Seller focuses on business towards the end consumers, the Seller will act only at retail level and the number of products that may be purchased by one Buyer may be limited. Procurement services are not allowed. Procurement service refers to the behaviour by which a natural or legal person is purchasing the Products through the Website and reselling such Products to other natural or legal persons. If the Seller finds that a Buyer has the records of resale of the Products purchased from the Website, the Seller shall have the right to no longer allow this Buyer to purchase the Products, and it is possible to permanently close this Buyer’s account and prohibit the Buyer from re-registering a Buyer’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 Buyer on behalf of a unit via the government and enterprise group purchase method on the Website. The liability and loss caused by the Buyer sale or resale of Products on Website shall be borne by the Buyer.

5.3 If the Seller publishes the limited quantity of certain Products on the Website, and if Buyer plans to purchase more than the limited quantity of the Products, Buyer may contact the Seller. The Seller shall have the right to cancel the order that the Buyer has submitted for more than the limited quantity. The above-mentioned limited quantity may be applicable to several individual Buyer accounts, under certain situations. In this regard, if the Buyer places orders through multiple accounts within a certain period of time, the number of cumulative single orders can 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 Buyer 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. Seller has the right to decide whether to close the Buyer’s account based on such situation and whether to prohibit the Buyer from re-registering a Buyer MI Account within a certain period of time.

5.4 The Seller will try its best to meet the Buyer demands, avoiding the Products the Buyer purchase are out of stock. 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 Buyer submitted will be in stock. Seller will make his best efforts to mark those out of stock Products. If the Products the Buyer ordered are out of stock, both the Buyer and the Seller shall have the right to cancel the order, and if the Buyer has already paid, the payment will be refunded to the Buyer.

5.5 For the Products the Buyer purchases, the Seller will send the Products to the Buyer’s designated delivery address through a logistics company (except for out of the delivery range). Seller cannot be held responsible for any adverse damage or other consequences resulting from receiver’s behaviours. If signature and confirmation are required, Buyer or receiver shall sign for the receipt of Products after reading the relevant terms of delivery.

5.5 Buyer shall accurately fill in the Buyer’s name, (if applicable) receiver’s name, delivery address contact information and other necessary information required by the Seller. The Products purchased will be delivered at the delivery address specified. Any loss caused by the Buyer’s change of contact person or related delivery information shall be at the Buyer’s own risk. If the order is delayed or fails to be delivered arising out of the following circumstances, the Seller shall not bear the responsibilities, consequences or costs 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;
• repeated delivery of the Products due to absence;
• Force majeure, such as natural disasters, traffic,, strikes, riots, government actions, sudden wars, etc.

5.6 The content, price, quantity, and availability of the Product/service of/on the Website may change at any time without prior/special notice (however Seller will make best efforts to inform Buyer where necessary or possible.

5.7 In case the order has been cancelled by Seller’s decision, the benefit (excluding cash value) of a discount coupon in possession of the Buyer before the order may be credited back the Buyer’s account, after Buyer’s request. Special terms for certain coupons may be applicable and shall prevail. If the order is cancelled for any reason, the shipping code (F Code) used for the purchase of the Products, is invalid and may not be used again.
Seller shall have the right to limit whole or part of Buyer rights in exceptional situations, cancel related unfulfilled orders, or cancel Buyer’s Mi Account if Buyer is involved in any of the following actions:
(i) Buyer affects the normal operation of the Website or the services provided by the Website to other users like on-line attacks and mass advertisements;
(ii) Buyer repeatedly publishes information not related to the sold Products or services in the comment area or consultation area;
(iii) Buyer seeks benefits by improper means (such as plug-in tools, network attacks, etc.);
(iv) Buyer rejects the Products multiple times or refuse to accept Products without objective reasons;
(v) Buyer engages in claiming or reselling Products through account shopping (such as wholesale, retail);
(vi) The order information Buyer provides (including but not limited to name, phone number, ID number, email address, etc.) is untrue, inaccurate or incomplete;
(vii) Buyer affects the normal operating order of the Website or conducts illegal activities.

5.8 If Buyer’s MI Account is terminated, for the open orders generated during the validity period of the account, Xiaomi may notify Buyer decide whether to close the open orders or to proceed to the delivery.

5.9 Once Buyer’s Mi Account is terminated, Buyer’s right to use the services on the Website shall be terminated as well. Seller shall not be liable to Buyer for terminating this Agreement in accordance with the provisions of these ToS, including terminating Buyer’s account and deleting Buyer’s content on the Website.

6. RIGHT OF WITHDRAWAL

6.1 The Buyer has the right to withdraw from the Contract within 14 calendar days without giving any reason.

6.2 The withdrawal period will expire after 14 calendar days from the day the Buyer acquires physical possession of the Product.

6.3 To exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw from the Contract by an unequivocal statement.

6.4 The Buyer may use the model withdrawal form on the Website. If the Buyer elects to use such form, the Buyer can also electronically fill in and submit the model withdrawal form or any other unequivocal statement offered on the Website. If the Buyer uses this option, the Seller will communicate to the Buyer an acknowledgement of receipt of such a withdrawal as soon as practically possible.

6.5 To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired to the Seller by any official way published on the Website (i.e. E-Mail, Hotline, Chat) and offered by the Seller.

7. OBLIGATIONS OF THE BUYER DURING THE WITHDRAWAL PERIOD

7.1 During the withdrawal period, the Buyer shall handle received Products and packaging with due care. The Buyer must only unpack or use the Product to the extent necessary to determine the nature, properties and functioning of the Product.

7.2 The Buyer may be liable for a decrease in value of the Product if the Buyer has used, damaged or otherwise disposed of the Product in a manner that is not consistent with clause 7.1.

8. EXERCISE AND COSTS OF WITHDRAWAL

8.1 If the Buyer withdraws from the Contract, the Seller shall refund to the Buyer all payments received from the Buyer, including the costs of delivery (with the exception of the supplementary costs resulting from the Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay to the initially used payment method. However, Buyer acknowledge that depending on the type of the payment method, the processing times of refunds are sometimes beyond Seller’s control and may exceed standard refunding times.

8.2. The Seller will carry out such reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise. The Seller – in its sole discretion - may withhold the refund until the Seller has received the Products back or the Buyer has supplied evidence of having sent back the Products.

8.3 The Buyer shall send back the Products without undue delay and in any event not later than 14 calendar days from the day on which the Buyer communicated the withdrawal from the Contract to the Seller. The deadline is met if the Buyer sends back the Products before the period of 14 calendar days has expired. The Buyer shall return the Products as received including but not limited to packaging, package contents, accessories and (free) gifts. (Free) Gifts include material objects, points, vouchers, coupons, etc. If the (free) gifts fail to be returned at the same time, the Buyer shall pay for the (free) gifts in accordance with the actual value or Seller may deduct such costs from the total refund amount due to Buyer.

8.4 The Buyer will have to bear the direct cost of returning the Products by regular mail. If the Product by its nature cannot normally be returned by regular mail, the Buyer will have to bear the direct cost of returning the Products.

9. EXCLUSIONS TO THE RIGHT OF WITHDRAWAL

The Seller is not obliged to accept withdrawal and refund the purchase price in case of:

a) quickly perishable Products or any Products having a limited shelf-life; and/or
b) sealed software, memory (e.g. SD or USB memory), audio or video recordings if such Products were unsealed after delivery to the Buyer; and/or
c) The provision of digital content which is not provided in a physical medium where the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
d) the Product has been personalised or made to the Buyer’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. FORCE MAJEURE

In the event of a force majeure situation (including but not limited to strikes, extreme weather conditions, embargoes and any other situation which is beyond the control of the Seller), the Seller’s obligations under the Contract are suspended during the period of the force majeure situation.

11. PRODUCT WARRANTIES

Product warranties are available on the Website.

12. DEFECTS AND REMEDIES

12.1 A Product is defective or non-conformant if it does not comply with the Seller’s description or if it cannot be used for it’s intended purposes. The Product is also defective if it is not of normal quality and does not perform as it 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 Buyer must inform the Seller as soon as possible according to the statutory provisions but in any case, no later than 2 years from the date of delivery.

12.3 If the Product is defective or non-conformant, the Buyer may require the Seller to remedy the defect. The Seller shall be entitled to determine in its sole discretion whether the Product will be repaired or replaced or refunded. Should, within a reasonable time, a repair fail, the Buyer may be entitled, at the Buyer’s discretion, to return the Product and demand a refund, or demand an appropriate price reduction if the Buyer decides to keep the defective Product.

12.4 Claims for defects or non-conformity cannot be raised against the Seller and the Seller shall have no liability to the Buyer if and to the extent:
a) The defect arises or is due to the Buyer’s abuse or misuse of the Product, fire, liquid contact and similar causes external to the Product which are beyond the control of the Seller;
b) The defect is caused by the Buyer’s use of the Product for non-intended purposes or contrary to the manufacturer’s or the Seller’s instructions, manuals or guidelines;
c) The defect arises from the Buyer’s own or unauthorized repair/manipulation, or the use of non-authorized ornon-original spare parts, software or components.

13. COMPLAINTS AND DISPUTE RESOLUTIONS

13.1 If the Buyer has a complaint about the handling of the Contract or the provision of the Seller’s services in relation to the Buyer’s purchase of the Products, the Buyer 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:
(i) order number,
(ii) Buyer name and address,
(iii) E-mail address,
(iv) a description of the basis for the complaint, and
(v) what remedies or actions are required from the Seller.

13.2 The Seller is not obliged to respond to any complaints raised through the use of social media (e.g. Facebook, Twitter).

13.3 The Buyer will receive a response to the complaint within 14 days.

13.4 The Buyer 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. EXPORT

14.1 The Products sold are manufactured according to specifications and intended for use in the countries of the European Economic Area, United Kingdom and Switzerland (EEA). Warranties and remedies granted herein to Buyer’s located in the above region may not apply to any Buyer buying Products from outside the above region.

14.2 The Contract and all Products sold 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 Buyer 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 Buyer plans to export any Product purchased from the Seller to another country, the Buyer must obtain the required export licenses (or other government approvals) prior to doing so.

15. THIRD-PARTY

15.1 If other third-party sellers except for the Seller sell their own products, provide their own services or software through the Website, Seller only provides network platform services for third-party sellers. In addition, Seller may provide website links of affiliates and third parties. Seller is not responsible for content of such websites and the terms of such websites will apply.

15.2 Buyer understands and confirms that the payment service on the Website is provided by a third party. The conditions and standards for such payment service are determined between Buyer and the payment service provider.

15.3 Buyer agrees that Seller has the right to send order information, promotions, advertisements or advertisement links to Buyer and your designated receiver by mail, SMS, telephone etc. according to the Privacy Policy of the Website.

15.4 In order to facilitate your use of Xiaomi's logistics, finance, communication and related services, subject to the Privacy Policy available on the Website , you agree and authorize Xiaomi to transmit the information provided and formed during your account registration and use of the Website service to Xiaomi's other relevant service providers, or obtain information provided and formed during your registration and use of related services from other relevant service providers of Xiaomi. Xiaomi may cooperate with third parties to provide you with related services. At the same time, in order to better provide services, recommend products/services to you, and conduct market research and information data analysis, Xiaomi may disclose your relevant information to co-operators. In such circumstance, Xiaomi has the right to provide your relevant information to such third party in accordance with the Privacy Policy available on the Website.

16. GENERAL

16.1 These ToS and any Contract and dispute between the Seller and the Buyer shall be subject to the laws of the Netherlands (if the Seller is XNL), respectively United Kingdom (if the Seller is XUK), and the parties submit any dispute to the competent courts in The Hague, Netherlands (if the Seller is XNL), respectively London, United Kingdom (if the Seller is XUK).

16.2 Section 16.1 shall not operate as a restriction with respect to the Buyer’s rights under consumer protection laws to apply the laws and submit any claim, dispute or conflict to the competent courts of the European Economic Area (and Switzerland) Country where the Buyer has its regular residence.

16.3 If a provision of these ToS are found invalid or non-enforceable, this will not affect the validity of the other provisions of these ToS.

16.4 The Seller reserves the right to assign or transfer to any of its associates and partners, affiliates or members of the Xiaomi Group, any or all of its obligations under the present ToS, at any time and without prior notice to the Buyer. In the event of a change, the Buyer’s rights in regard to the Contractwill not be adversely affected in any way.