SHIPPING AND RETURN OF GOODS

1. RIGHTS  OF FAULTY PERFORMANCE

2. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are free of defects, especially if:

   1. it has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;

   2. is suitable for the purposes we have specified or for the purposes customary for Goods of this type;

   3. corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

   4. is in adequate quantity and weight;

   5. meets the requirements imposed on him by legal regulations;

   6. not encumbered by third party rights.

3. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended later regulations).

4. In the event that the Goods have a defect, i.e. especially if any of the conditions according to Article 7.1 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. For complaints, you can also use the sample form provided by Us, which forms Appendix No. 1 of the Terms and Conditions. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases according to Article 7.4, without Our consent. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose to resolve the defect, you have the rights specified in Article 7.5 even in situations where defective performance was a material breach of the Contract. 

5. If defective performance is a material breach of the Agreement, you have the following rights:

   1. to remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product;

   2. to remove the defect by repairing the Goods;

   3. at a reasonable discount from the Price;

   4. to withdraw from the Agreement.

In the event that you choose the solution according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you they did not originally request as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We discover that the defect is irreparable, we will notify you and you can choose another method of removing the defect.

1. If defective performance is a non-material breach of the Agreement, you have the following rights:

   1. to remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product;

   2. to remove the defect by repairing the Goods; 

   3. at a reasonable discount from the Price.

However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You can also withdraw in the event that you cannot use the Goods properly due to the repeated occurrence of defects after the Goods have been repaired or in the event of a large number of Goods defects.

1. In the event of a material or non-material breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

   1. if there has been a change in the condition of the Goods as a result of an inspection for the purpose of detecting a defect;

   2. if the Goods were used before the defect was discovered;

   3. if the impossibility of returning the Goods in an unchanged state was not caused by your actions or your omission,

   4. if the Goods were sold, consumed or altered during normal use before the discovery of the defect; however, if this happened only partially, the part of the Goods that can be returned is your responsibility, and in such a case, the part of the Prices corresponding to your benefit from the use of part of the Goods will not be returned to you.

2. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the estimated duration of the complaint handling. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. The deadline can be extended by our mutual agreement. If the deadline expires in vain, you can withdraw from the Agreement.

3. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts or receipts for the price of transport. In the event that the defect has been rectified by the delivery of new Goods, it is your duty to return the original Goods to Us, but the costs of this return shall be covered by Us.

4. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.

5. If you are a consumer, you have the right to assert rights from defective performance in the case of a defect that occurs in consumer goods within 24 months of receiving the goods. 

6. The provisions regarding the right to defects do not apply in the case of:

   1. Goods that are sold at a lower price due to a defect for which the lower price was agreed upon;

   2. wear and tear of the Goods caused by their usual use;

   3. used Goods for a defect commensurate with the level of use or wear and tear the Goods had when you took them over;

   4. when it follows from the nature of the Goods.

7. WITHDRAWAL FROM CONTRACT

8. Withdrawal from the Agreement, i.e. the termination of the contractual relationship between Us and You from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the Terms and Conditions, in which the possibility of withdrawal is explicitly stated.

9. If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of delivery of the Goods, in accordance with §1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last part of the Goods, and in the event that we have concluded a Contract on the basis of which we will deliver the Goods to you regularly and repeatedly , starts running on the day of delivery of the first delivery. You may withdraw from the Agreement by any demonstrable means (in particular by sending an e-mail or a letter to Our addresses listed in Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Appendix No. 2 of the Terms and Conditions.

10. Even as a consumer, however, you cannot withdraw from the Contract in cases where the subject of the Contract is:

    1. Goods, the Price of which depends on fluctuations in the financial market independently of Our will and may occur during the withdrawal period from the Contract;

    2. the delivery of alcoholic beverages, which can only be delivered after thirty days and their Price depends on financial market fluctuations independent of Our will;

    3. Goods that have been modified according to your wishes or for you;

    4. Goods that are perishable and Goods that have been irretrievably mixed with another after delivery;

    5. Goods in closed packaging that have been removed from the packaging and cannot be returned for hygienic reasons;

    6. the supply of an audio or video recording or a computer program if the original packaging has been damaged;

    7. delivery of newspapers, periodicals or magazines;

    8. delivery of digital content, if it was not delivered on a physical medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.

11. The withdrawal period according to Article 8.2 of the Terms and Conditions is considered to have been observed if you send Us a notification that you are withdrawing from the Agreement during this period.

12. In the event of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account selected for withdrawal from the Contract. However, the amount will not be refunded before or after you return the Goods to Us[SA18]  you prove that it was sent back to Us. Please return the goods to us clean, if possible including the original packaging.

13. In case of withdrawal from the Contract according to Article 8.2 of the Terms and Conditions, you are obliged to send the Goods to Us within 14 days of withdrawal and bear the costs associated with returning the goods to Us. On the other hand, you are entitled to a refund of the shipping price, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by us for the delivery of the Goods. In the event of withdrawal on the grounds that We violate the concluded Agreement, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the shipping price corresponding to the cheapest method of delivery of the Goods offered by us at the time of delivery of the Goods.

14. You are liable to Us for damages in cases where the Goods are damaged as a result of your handling them in a manner other than what is necessary with regard to their nature and properties. In such a case, we will invoice you for the damage caused after the Goods have been returned to Us and the invoiced amount is due within 14 days. In the event that we have not yet returned the Prize to you, we are entitled to offset the cost claim against your claim for the return of the Prize.

15. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular, reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in Art. 6.9. Condition. We may also withdraw from the Agreement if it is apparent that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

16. CONSUMER DISPUTE RESOLUTION

17. In relation to the buyer, we are not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) Civil Code.

18. We handle consumer complaints via the email address raiter@mirnixtirnix.com. We will send information about handling the complaint to the buyer's email address.

19. The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr  can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.

20. European Consumer Center Czech Republic, with registered office Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).