Complaints Procedure of MIROTEX s.r.o.
Complaints Procedure of MIROTEX s.r.o.
Company ID: 049 07 299
Based in: gen. Píky 319/14, Řepčín, 779 00 Olomouc
The Company is incorporated in the Commercial Register managed by the Regional Court in Ostrava, Section C, File 65569
Store operator and supplier of goods – seller:
Company ID: 049 07 299
Tax ID: CZ04907299
Based in gen. Píky 319/14, Řepčín, 779 00 Olomouc
incorporated in the Commercial Register managed by the Regional Court in Ostrava, Section C, File 65569
Bank details: 1115352/0100
Data box: gyrq7ua
The Complaints Procedure of MIROTEX s.r.o. is valid and binding as of 1 October 2020.
This Complaints Procedure of MIROTEX s.r.o. regulates the relations between the Buyer and the Seller – MIROTEX s.r.o., namely in the area of claims regarding the SILVERNITE® antibacterial clothing, EXQUISIV® cashmere and wool clothing, and other products offered by MIROTEX s.r.o.
I. Introductory Provisions
1.1.The Seller is MIROTEX s.r.o., company ID: 04907299, based in gen. Píky 319/14, Řepčín, 779 00 Olomouc, incorporated in the Commercial Register managed by the Regional Court in Ostrava, Section C, File 65569, e-mail: firstname.lastname@example.org (hereinafter also referred to as “the Seller”).
1.2.The Buyer is an individual, consumer or a legal entity other than the Seller on the other side of the contractual relationship (hereinafter also referred to as “the Buyer” or "the Customer”). Under the provisions of Section 419 of Act No. 89/2012 Coll., the Civil Code, as amended, and under the provisions of Section 2(1)(a) of Act No. 634/1992 Coll., as amended, a consumer is “every person who concludes a contract with the entrepreneur or engages with them in another manner beyond the scope of their own business activity, or beyond the scope of the performance of their profession” (hereinafter also referred to as “the Consumer").
1.3.Goods: movable property that is the subject of a purchase contract, namely clothes and clothing accessories.
1.4.Purchase contract: a contract concluded between the Seller and the Buyer, the subject matter of which is the Seller’s liability to deliver the Goods to the Buyer and the Buyer’s liability to accept the Goods from the Seller and to pay the agreed purchase price to the Seller.
1.5.E-shop: an internet shop operated by the Seller at www.silvernite.eu
II. Basic Prerequisites
2.1. The basic prerequisite for the fulfilment of the utility value of the Goods is an appropriate selection of the Goods by the Buyer in terms of its kind, size and purpose of use, as well as in terms of the Buyer’s needs.
2.2. The Buyer hereby acknowledges that the Seller is not responsible for extensive wear and tear of the Goods caused by the selection of inappropriate size of the Goods that does not correspond with the Buyer’s needs (consequences of excessive fabric stress).
2.3. The Buyer hereby acknowledges that the warranty period is not to be confused with the durability of the Goods. The durability of the Goods is determined by the method and intensity of use of the Goods. The Buyer hereby acknowledges that intense use may damage or destroy the Goods by regular wear and tear, regardless of the warranty period.
2.4. Regular and proper maintenance is the prerequisite for maintaining the Goods in a good condition and its durability. When maintaining the Goods, it is required to follow the symbols on the label or box delivered together with the Goods, and also, each product description in the e-shop at www.silvernite.eu contains instructions on how to care for the product, which has to be followed and adhered to. Otherwise, the complaint will not be accepted.
III. Basic Provisions on the Seller’s Liability for Defects of the Goods
3.1. A defect of the Goods is mainly a defect of the material used or a defect caused by improper technological procedure in the production, or by the use of improper or inappropriate production technology.
3.2. The Buyer hereby acknowledges that a change in the Goods or its property incurred as a consequence of the wear and tear of the Goods caused by regular use, inappropriate use, use of the Goods for an unsuitable purpose, inappropriate or insufficient maintenance, excessive intensity of use, inappropriate selection of the size of the Goods, damage or any other interference by the Buyer or a third party, or as a consequence of natural changes in the material the Goods are made from shall not be considered a defect. The Buyer hereby acknowledges that the duration and intensity of use of the Goods shall also be taken into account when assessing the claimed defect.
IV. Liability for Defects, Warranty in Relation to the Buyer Who Is the Consumer
4.1. The Seller’s liability for defects towards the Buyer who is the Consumer is governed by the respective provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., On Consumer Protection, as amended.
4.2. The Buyer shall check the condition of the Goods upon acceptance from the carrier. When the packaging is damaged or other facts arise that indicate the Goods could also be damaged, the Seller recommends not to accept the shipment or to write a report on the damage of the shipment with the person that has delivered it. The Buyer shall notify both the carrier and the Seller of the damage without unreasonable delay. If the Buyer fails to notify of the defects of the shipment without unreasonable delay, the Seller may demand compensation of damage incurred in relation to such a delay.
4.3. The Seller shall ensure to the Buyer who is the Consumer that the Goods sold are in compliance with the Purchase Contract upon acceptance by the Buyer, especially that it is free from any defects. Compliance with the Purchase Contract means that the Goods sold have the quality and utility properties required under the contract, described by the Seller, manufacturer or their representatives, or anticipated on the basis of their advertisements, or the quality and utility properties typical for such Goods, that it complies with the requirements of legal regulations, that it is in the corresponding quantity, measure or weight, and that it complies with the purpose that the Seller states for the use of the Goods or that the Goods are usually used for.
4.4. If the article has defects or does not have the properties specified above or stipulated by the law - Section 2161 of the Civil Code, the Buyer is entitled to a free, due and timely elimination of the defect, to a delivery of a new article free from any defects, and if that is not possible, to withdraw from the purchase contract.
- If the defect can be eliminated, the Buyer is entitled to have it eliminated in a free, due and timely manner, and the Seller shall eliminate the defect without unreasonable delay. The Buyer may request a replacement of the Goods provided that it is not disproportionate in terms of the character of the defect. The Buyer may withdraw from the contract when such a procedure is not possible.
- If the defect cannot be eliminated and it prevents the proper use of the article as a defect-free article, the Buyer is entitled to have the article replaced or to withdraw from the contract.
- The Buyer is entitled to withdraw from the contract when the defects cannot be eliminated and the Buyer does not request a replacement of the article.
- If there is a greater amount of defects that can be eliminated or the defect occurs repeatedly and prevents the proper use of the Goods, the Buyer is entitled to have a new article delivered, to have the defect eliminated, or to withdraw from the contract. The Buyer does not have any rights from inadequate performance when the Buyer knew that the article was defective, or caused the defect, prior to the acceptance of the Goods.
4.5. A defect that becomes obvious during 6 (six) months from the acceptance of the article is considered to be a defect present at the moment of acceptance. The Buyer cannot change the selected option without the Seller’s approval. The court will not grant the right from inadequate performance if the Buyer fails to report the defect without unreasonable delay after it could be detected during a timely inspection and sufficient care. If the defect is hidden, the same applies, the Buyer shall report the defect without unreasonable delay after it could be detected with sufficient care, however, no later than two years after the Goods were delivered to the Buyer.
4.6. Unless the Goods are used, the Seller shall be liable for defects that appear as a contradiction to the Purchase Contract after the acceptance of the Goods during the warranty period (warranty).
4.7. The warranty does not apply to the wear and tear of the Goods caused by their common use. In the case of Goods sold at a lower price, the warranty does not apply to defects, due to which the lower price was arranged. In the case of used Goods, the Seller is not liable for defects corresponding with the level of the use or wear and tear that the Goods showed upon acceptance by the Buyer.
4.8. The Seller provides warranty for a period of 24 months. The warranty period starts when the Buyer accepts the Goods. The rights arising from the liability for defects shall expire when they are not exercised during the warranty period.
V. Liability for Defects, Warranty in Relation to the Buyer Who Is Not the Consumer
5.1. The Seller’s liability for defects of the Goods in relation to the Buyer who is not the Consumer is governed by the respective provisions of Act No. 89/2012 Coll., the Civil Code, namely Section 2099 et seq., unless this Complaints Procedure stipulates otherwise.
5.2. The Buyer shall inspect the Goods immediately after the acceptance of the Goods.
5.3. After a due and timely notification of a defect of the Goods and regardless of the fact whether or not the delivery of the defective Goods breaches the Purchase Contract in a substantial or minor way, the Seller shall remove the defects of the Goods, at their choice, by repairing the Goods, or by delivering replacement Goods for the defective Goods to the Buyer.
5.4. The Buyer is entitled to demand a reasonable discount of the purchase price or to withdraw from the contract in the case the Seller fails to remove the defects of the Goods by repair or to deliver replacement Goods for the defective Goods to the Buyer in a period of 30 days from the timely notification of the defect by the Buyer. That shall not affect the provisions of Sections 2100-2112 of the Civil Code. When the Seller asks the Buyer to accept the Goods in the resolved claim before the Seller receives the Buyer’s notice of withdrawal from the contract or the request of a discount of the purchase price, the Buyer shall accept the Goods in the resolved claim and the potential withdrawal from the contract shall be ineffective and the Buyer shall not be entitled to a discount of the purchase price.
5.5. The Buyer’s rights arising from the liability for defects shall be exercised by the Buyer in writing and sent to the Seller’s place of business or to the Seller’s e-mail address at email@example.com, together with the Goods at the Buyer’s own costs.
5.6. The moment of the notification of defects shall be the moment when the Seller receives the written notification of defects together with the returned Goods from the Buyer. When exercising the rights from the liability for defects, the Buyer shall deliver the Goods to the Seller complete, clean and sanitised. The Seller can refuse to accept any soiled Goods.
5.7. The Buyer shall exercise the rights from the liability for defects without unreasonable delay, as soon as the defect appears. An unreasonable delay in the exercise of the rights from the liability for defects and any potential use of the Goods despite the defect may aggravate the defect of the Goods and may lead to the complaint being declined.
VI. Complaints Procedure
6.1. In the case of a complaint in relation to defective Goods from the Buyer to the Seller, the Buyer is entitled to file a complaint in writing and send it to the Seller’s place of business, or to the Seller’s e-mail address at firstname.lastname@example.org. When filing the complaint, the Buyer shall state the reason for the complaint and all defects found on the returned Goods. The complaint is considered to be filed at the moment when the Seller receives the returned Goods from the Buyer.
6.2. The Buyer shall send the returned Goods to the Seller’s address with all the accessories and particulars, as the Goods were accepted from the Seller, including a copy of the purchase document that indicates the timeliness of the complaint, and the Goods shall be clean and sanitised. The Seller is not required to accept the returned Goods when it is soiled. If the Buyer returns the Goods, the original packaging is not required, however, if the Buyer wants to withdraw from the Purchase Contract within 14 days after the delivery of the Goods, the original packaging of the Goods, such as a box, has to be delivered in order for the withdrawal to be accepted.
6.3. The Buyer shall send the returned Goods to the Seller’s address via postal services and shall take such measures to prevent any further damage to the Goods, i.e., the Buyer shall pack the returned Goods with respect to the selected method and character of transport.
6.4. The Seller shall promptly issue a written complaint report upon the acceptance of the returned Goods – a confirmation that the Consumer has filed the complaint, what the content is, and what resolution is required, and send a copy to the Consumer by e-mail to the address provided in the order. The Consumer shall submit such a report to the Seller during the course of the complaint on request.
6.5. The deadline for the settlement of the complaint starts on the day of the acceptance of the Goods by the Seller, or on the day of the issuance of the complaint report – confirmation of the acceptance of liability for defects.
6.6. The Seller or an authorised employee shall decide on the complaint immediately, or within three days in complicated cases. This period does not include the time required to professionally assess the defect, adequate to the type of the product or service. The complaint, including the elimination of defect shall be settled without unreasonable delay, no later than within 30 days from the date of the filing, unless the Seller and the Consumer agree on a longer period of time. After the expiry of the deadline, the Consumer shall have the same rights as if the defect could not be removed. The rights arising from the liability for defects shall be exercised with the Seller, from whom the article was purchased. However, if the letter of warranty states another entrepreneur designated for repairs, who is at the Seller’s place of business or who is closer to the Buyer’s address, the Buyer may exercise the right to repair with the entrepreneur designated for warranty repairs. If it is not possible to arrange the repair in the aforesaid manner, the Seller shall arrange the repair.
6.7. In the case of a legitimate complaint, the Buyer shall be entitled to compensation for the necessary costs related to the filed complaint, in the necessary amount (necessary costs incurred in relation to the complaint). The Customer’s costs of complaint should correspond with the kind and character of the returned Goods. In the case of an obviously illegitimate complaint, the Consumer shall not be entitled to compensation for their costs related to the filed complaints and also, the Seller shall not be entitled to compensation of costs incurred on the Seller’s part (unless the Consumer, for example, has repeatedly filed an obviously illegitimate complaint and it can be deduced that the Consumer has abused their rights).
6.8. The right to claim the warranty expires in the following cases:
- When the Goods are damaged in transport (the liability to address the damage of the Goods is with the carrier IMMEDIATELY upon the acceptance of the Goods). Inspect the delivered Goods carefully upon acceptance from the carrier. Do not accept the shipment if it shows any signs of damage. If the Goods are damaged but the packaging is intact, immediately inform both the carrier and the Seller,
- Breach of the protective seals and stickers, if applicable
- Unprofessional handling, or when the damage of the Goods is caused by the Buyer
- The Goods were damaged by elements of nature
- The Goods were returned with a complaint late, i.e., the Customer continued using the product or the Goods despite the defect found
- The Goods had a defect before the Customer accepted them and the Customer knew about the defect prior to the acceptance.
6.9. When the Goods have been replaced based on the Buyer’s complaint or based on the claimed defects of the Goods, the right to withdraw from the contract by the Buyer within 14 days after the delivery of the new Goods shall no longer apply to the new Goods delivered, as this time period only applied to the first Goods delivered according to the Buyer’s binding order.
6.10. The time between the exercise of the right arising from the liability for defects and the time when the Buyer was to accept the Goods after the completed repair is not included in the warranty period. It means that the time required for the resolution of the complaint shall not be included in the warranty period, until the time when the Buyer was required to accept the Goods. The Seller shall provide a written confirmation for the Buyer stating that the Buyer has exercised the right, what the content of the complaint is and what method of settlement the Buyer requires; and furthermore, it shall state the date and method of settlement of the complaint, including a confirmation of a repair and its duration.
6.11. If the Seller rejects the complaint, the Seller shall provide the Consumer with a written justification. This obligation also applies to other persons designated to perform repairs.
6.12. If the Goods have been replaced based on the Buyer’s complaint or based on the claimed defects of the Goods, the Seller shall inform the Buyer of the date of dispatch of the Goods according to the settled complaint via e-mail. The aforesaid does not apply if the Seller informs the Buyer prior to the expiry of the deadline that the complaint will not be settled by the deadline under Art. 6.11 of this Complaints Procedure.
6.13. The Buyer hereby acknowledges that they shall accept the Goods sent by the Seller to the Buyer after the settlement of the complaint. If the Buyer fails to accept the Goods sent to the Buyer after the settlement of the complaint, the Seller undertakes to send the Goods to the Buyer, which is to be delivered after the settlement of the complaint, one more time. However, the second dispatch shall be at the Buyer’s expense. If the Goods cannot be delivered to the Buyer on the second attempt, the Seller shall not be required to send the Goods to the Buyer again and may charge the Buyer with the costs of the storage of the claimed Goods. The costs shall correspond with the costs at the usual place and time.
VII. Final Provisions
7.1. The Buyer is entitled to file a complaint or motion to resolve a dispute with the Seller out of court with the Czech Trade Inspection Authority, which is an administrative government institution that provides monitoring and inspection services. More detailed information about the monitoring competences of the Czech Trade Inspection Authority can be found at: http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/.
7.2. In the case a consumer dispute arises from the Purchase Contract or from a contract on the provision of services between the Seller and the Buyer, who is the Consumer, and the Parties fail to resolve the dispute amicably, the Consumer may submit a motion for out-of-court resolution of such a dispute with a designated authority for out-of-court resolutions of consumer disputes, which is:
7.3. The Buyer, who is the Consumer, may also use the on-line platform for resolving disputes, established by the European Commission at http://ec.europa.eu/consumers/odr/.
7.4. This Complaints Procedure becomes effective on 1 October 2020. Changes in the Complaints Procedure are reserved.