Complaints Procedure

MIRA MAR, s.r.o. for the online shop at www.mira-mar.cz

The Complaints Procedure is intended ONLY for the CUSTOMER and forms an integral part of the General Terms and Conditions (hereinafter referred to as "GTC").

If you have any questions, please contact us:

By phone: +420 606 712 920 (working days 7:00 - 15:00)

By e-mail: objednavky@mira-mar.cz

Where to deliver the goods in case of a complaint? You
can deliver the goods to us at the address MIRA MAR s.r.o., Mělnická 310, 277 16 Přívory (hereinafter referred to as the "delivery address"). This is usually the fastest way to process a return or a complaint.

WHAT OUR GOODS SHOULD LOOK LIKE ON RECEIPT

What characteristics should our goods have at the time of receipt? We are responsible for ensuring that the goods are free from defects on receipt. In particular, we are responsible for the fact that at the time you take delivery of the goods:

the goods have the characteristics that we have agreed, that we or the manufacturer have described (including in advertising) or that you have come to expect given the nature of the goods,
the goods are fit for the purpose we state for their use or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreement of the parties and/or to the sample or model (if we based the order on them),
the goods in the appropriate quantity, measure or weight,
the goods meet the requirements of the legislation.

Presumption that the goods are defective. If the defect becomes apparent within 12 months of receipt of the goods, the goods shall be presumed to have been defective on receipt unless we prove otherwise.

IN WHICH SITUATIONS YOUR CLAIM WILL NOT BE ACCEPTED

What defects are we not responsible for? We are not liable to you for defects in the following cases:

the defect that the goods had at the time of receipt and a discount on the purchase price was agreed for such defect,
the defect has been caused by wear and tear caused by normal use or by the nature of the goods,
the defect is caused by you and has been caused by improper storage, improper maintenance, your intervention or mechanical damage, all in conditions that are inadequate in terms of temperature, dustiness, humidity, other environmental influences and is directly specified by us or the manufacturer (usually on the package leaflet / label of the goods) or as a result of legal regulations,
a defect in goods that have been modified by the customer and if the defect has arisen as a result of this modification,
use of the goods in unsuitable conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment that is directly intended by the seller or manufacturer or that result from legal regulations,
the defect was caused by an external event beyond our control (e.g. a natural event).

WHAT TO LOOK OUT FOR WHEN RECEIVING GOODS?

Check the contents of our package. When you receive the goods, check them and make sure of their characteristics (in particular, whether you have received the right type of goods, whether the goods are of the agreed quality, whether the goods contain everything they are supposed to contain in their packaging).
When you will not be able to claim the goods. You have no rights under defective performance if the defect is:

you must have known with the exercise of ordinary care when you concluded the contract of sale, or
if you knew the goods were faulty before you took delivery, or
if you caused the defect.

WERE THE GOODS DAMAGED IN TRANSIT?

Inspection of the packaging before taking over the goods from the carrier. Upon receipt of the shipment from the carrier, check the integrity of the packaging. By accepting the shipment, you confirm that you have received the shipment without obvious defects. If the packaging is damaged, notify the carrier directly and write a damage report. The parcel will be retained by the carrier. This is the easiest way to handle a damaged parcel claim, the parcel will be returned to us by the carrier and a new parcel will be sent to you.
You will only find out that the goods have been damaged when you unpack the package. How to proceed? Notify us immediately upon receipt and discovery of the defect, no later than 3 days after receipt of the parcel. Ideally via the complaint form. Please include your personal identification details, the email from which you ordered the goods and identify the goods you are including in the claim. Ideally, please include a copy of the purchase document (e.g. invoice), photo documentation of the defect and a description of the problem you have found with the goods. All of this information may help to resolve your claim more quickly.
When will we no longer be able to make a transport claim? Please note that if you report a claim on the fourth (4th) and subsequent day after receipt of the shipment, it is highly unlikely that such claim will be accepted by the carrier. As a result of your late claim for a damaged shipment, we may incur damages (the damaged shipment will not be reimbursed by the carrier for your late claim), and we are entitled to recover such damages from you. Please keep the parcel and make a photo documentation of it (so that you can clearly see the damaged goods, packaging, filling).
What's the procedure when you tell us everything? You will receive an email confirmation when you claim a damaged parcel. However, you can also contact us by phone or email at any time to check the status of your claim.

IF YOU RECEIVED SOMETHING OTHER THAN WHAT YOU ORDERED FROM US, HOW DO YOU PROCEED?

How to proceed and what do we need to know from you? In case you have received the wrong goods, the wrong quantity or a different colour, or completely different goods that you did not order, etc., please contact us preferably by e-mail: objednavky@mira-mar.cz, in writing or via the complaint form. Please provide your personal identification details, the email from which you ordered the goods and identify the goods you received incorrectly. Ideally, please also include a copy of the purchase document (e.g. invoice), photo documentation of the defect and describe the fault in your own words and indicate what was contained in the package when it was delivered. We do our best to prevent such mistakes, we carefully check the dispatched goods, but even we are not completely infallible. We apologize in advance for any discrepancies in your order and will do everything we can to make the claims process as convenient and quick as possible for you.
What's next? Once you have completed and submitted your incorrectly delivered claim, you will receive a confirmation email. We will check everything as soon as possible and contact you to agree on the next steps. You can contact us at any time to check that your claim is already being processed.

DISCOVERING DEFECTS IN THE GOODS WITHIN 14 DAYS OF RECEIPT

I will find the goods defective within 14 days of receipt. If you discover a defect in the goods delivered within 14 days of receipt, please contact us preferably by e-mail: objednavky@mira-mar.cz, in writing or via the complaint form.
A complaint is not the same as a right of withdrawal. Within 14 days of receipt of the goods, we guarantee you the right to withdraw from the purchase contract or exchange the goods for another. However, in this case, the goods must be returned undamaged or in sealed or hygienic packaging. Otherwise, you are liable for the diminished value of the goods and/or risk that your right of withdrawal will not arise. If you have already unpacked the goods and found a defect on one of the first uses, we recommend as the most appropriate course of action to return the goods.
What's next? Once you have made a claim, you will receive an email confirmation, after which our customer service team will contact you to discuss the next steps. As a rule, we can do this within 3 working days. You can contact us at any time on +420 606 712 920 or by email at objednavky@mira-mar.cz to verify that your claim is already being processed.

DISCOVERY OF A DEFECT IN THE GOODS WITHIN 24 MONTHS OF RECEIPT

When to complain about defective goods. You are obliged to complain to us without undue delay after the defect has been discovered. Otherwise, you will not be entitled to the right of defective performance.
You are entitled to complain about a defect that occurs in consumer goods within 24 months of receipt of the goods. This does not apply to goods for which the period of time during which the goods may be used is stated on the packaging, label, in the instructions accompanying the goods or in the advertising in accordance with other legislation. The provisions on the guarantee of quality (contractual guarantee) apply here.
What happens after 24 months? After the expiry of this period (24 months), the goods cannot be faulted. If this is possible for the goods in question, this period is extended by the time you have not been able to use the goods because they were in the process of a legitimate complaint. Whilst we always try to resolve claims to your satisfaction, some products must be handled in accordance with the instructions on the packaging/label/packaging information - otherwise they will be damaged. Even if the 24 month period has not yet expired in these cases we cannot accept your complaint (section 2 of this complaints procedure).
Contractual guarantee. If the goods have been covered by a voluntary contractual guarantee for more than 24 months from the date of receipt of the goods, you will be able to claim for defects in the goods for that period. The period is extended by the time you have been unable to use the goods because they were in the process of a legitimate claim.
What should I do to complain about a defect in the goods? In order to complain about defects in the goods, you can fill in and send us a complaint form or write to us by e-mail to objednavky@mira-mar.cz or in writing, stating in particular:

name and surname;
the email from which you ordered the goods;
phone number;
identification of the goods you include in the claim;
a description of the defect in your own words;
the chosen method of complaint handling, the customer is not entitled to change the chosen method of complaint handling without our prior consent;
Your address for any returns after the claim process has been completed.

We will acknowledge receipt of the claim. After the defect of the goods has been pointed out, you will receive a confirmation of acceptance of the claim by e-mail. The moment when we receive the details of the claim from you is the moment when we receive the details of the claim.
Where can I complain? You can make a complaint by sending the goods to the delivery address listed above, by email to the email contact address, or by sending us a completed complaint form to send to us.
Delivery of the claimed goods back to the seller. The goods must be returned complete, undamaged (except for the claimed defect), ideally in their original undamaged packaging so that we can follow good hygiene practice.
Who bears the cost of shipping the goods complained about? If you request the removal of the defect (repair or delivery of new goods or part thereof) we bear the cost of transporting the claimed goods back to us. Please note that goods claimed sent by cash on delivery and/or otherwise at our expense will not be collected by us and will be returned to you at your expense.
Confirmation. Upon receipt of the claimed goods, a confirmation of receipt of the shipment with the claimed goods and its contents will be sent to the e-mail address you have specified.

HOW QUICKLY YOUR CLAIM WILL BE SETTLED

When will the complaint process be completed? The Civil Code gives us 30 days from the date of the defect to settle the complaint. Within this period, the complaint process is usually concluded by us at the latest.
Defect assessment. Usually, however, within 3 working days after the delivery of the necessary documentation (photographs and other necessary data for the assessment of the defect of the goods) or the delivery of the claimed goods back to us, the assessment of the defect is carried out without delay and we contact the customer with a preliminary opinion. The time required for a professional assessment of the defect (e.g. it may be necessary for us to request the assistance of our supplier or the manufacturer) is not included in this time limit.
If the goods are defective. In the event that the goods complained of are found to be defective, the complaint process is concluded within 30 days of the defect. In justified cases, the authorised employee may agree a longer period with the customer. We are obliged to ask you to complete the documentation as soon as possible.
Unless the goods are found to be defective. If the goods are not found to be faulty, you will be informed of the rejection of the claim. We will agree on the next course of action.

HOW TO HANDLE A COMPLAINT

What will affect my options. You will have the right to demand that the defect be rectified. You may choose to:

fixing things;
delivery of a new item; or
delivery of the missing part.

This should not be an unreasonable request on your part. If repairing the item will cause us considerable difficulty or is not a reasonable request in view of the value of the item and the significance of the defect, we will tell you. We will do the same if we judge your request for a new item to be unreasonable in view of the defect in the goods or the value of the goods.

If there is a material breach of the purchase contract. If the defect constitutes a material breach of the purchase contract, you will have the right to withdraw from the purchase contract or claim a reasonable discount on the purchase price of the goods.
When can I request a refund of the purchase price? In some situations, it will be possible to withdraw from the purchase contract and claim a refund of the purchase price. This will not be possible in situations where the defect in the goods is not significant. What will be the situations where you can withdraw from the purchase contract and claim a refund of the purchase price:

we refuse to remedy the defect in the goods or we have not remedied the defect within a reasonable time;
it is apparent from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the purchaser;
the defect appears repeatedly; or
it is a material breach of the purchase contract.

When will it be possible to claim a reasonable discount on the purchase price of the goods? In some situations you may be able to continue to claim a reasonable discount on the purchase price. This will not be possible in situations where the defect in the goods is not significant. What are the situations where you can claim a reasonable discount on the purchase price?

we refuse to remedy the defect in the goods or we have not remedied the defect within a reasonable time;
it is apparent from our statement or other circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the purchaser;
the defect appears repeatedly; or
it is a material breach of the purchase contract.

You tell us how to handle the complaint. If not, we will ask you. You are obliged to tell us what right you have chosen from the defective performance when you notify us of the defect or without undue delay after notification of the defect. You may not change the choice you have made without our consent; this does not apply if you request the repair of a defect that proves to be irreparable.
Return of original goods. When settling a complaint by delivery of new goods, you are obliged to return the goods originally delivered to us (unless we agree otherwise).

TERMINATION OF THE CLAIM

If you have claimed the goods in person with us. After the claim has been settled, you will be notified of the termination of the claim and you will be asked to take delivery of the claimed goods without undue delay, no later than 30 days from the day you were informed of the claim settlement. If you wish to have the goods sent to your home after the claim, we will arrange this at our expense. Alternatively, we will give you reasons for rejecting the claim.
If you have sent the goods to us for complaint. If the claimed goods have been sent to us for claim by a carrier, they will be sent automatically to the address you have given us after the claim has been processed. If applicable, we will give reasons for rejecting the claim.
If we're returning the purchase price. In the event that the complaint is accepted as justified and you rightfully request withdrawal from the purchase contract or a refund of the purchase price as a way of settling the complaint, we will send you the purchase price paid in cash back to the bank account you provide to us without undue delay.
Acceptance of the claimed goods. You are obliged to take delivery of the claimed goods no later than 30 days from the date on which you were notified of the settlement of the claim. After this period, we are entitled to charge a storage fee in accordance with § 2120 paragraph 1 in conjunction with § 2159 paragraph 2 of the Civil Code. A daily storage fee of CZK 10 is charged.
Sale of unclaimed goods. If you do not collect the goods from a settled claim within 6 months of being informed of the settlement, we reserve the right to sell the goods and use the proceeds to pay the storage charges.
Obligation upon receipt of the claimed goods. You are also obliged to check the completeness of the goods claimed upon receipt, in particular that the consignment of goods contains everything it should contain. Later objections will no longer be taken into account.

FINAL PART

Legal rights. The customer's rights under the law are not affected by this Complaints Procedure.
Validity. This Complaints Procedure (for consumers only) is valid from 1 February 2024 and cancels the validity of previous Complaints Procedures.

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