PRODUCT CONFORMITY AND CLAIMS

This section of the General Terms and Conditions—Product Conformity and Claims—refers to the situations when the goods delivered to the Customer turn out to be faulty or defective, that is when the goods are nonconforming.  This section is an integral part of the Mione General Terms and Conditions. Both of these sections apply to Customers and/or Consumers when buying products on the website mioneatelier.com.

If the delivered goods are in good condition, but you wish to replace them for a different product, size, or colour, please refer to the section Product replacement.

If the delivered goods are in good condition, but you wish to exercise your right to change your mind, that is to return the goods and cancel the purchase, please refer to the section Right to withdraw from the contract.

Transportation damage claims

Upon delivery, we advise you to carefully inspect the packaging and the contents of the package. In case the packaging is damaged, the Customer should point this out to the courier. If there is any visible damage to the packaging, the Customer should ask the courier to wait until the contents of the package are inspected. In case the contents of the package are damaged, the Customer should inform the courier that they want the package returned to Mione and inform Mione about the return.

The Customer should file a claim about any transportation damage within 24 hours of receiving the goods. If you receive damaged goods, please send an email with photos of the product and the packaging attached to info@mioneatelier.com and include information about the time of receiving the goods and the shipping invoice number.

Claims regarding product nonconformity

For purchases made by a Customer as a Consumer (within the meaning of section 1 of General Terms and Conditions), provisions of the Law on Consumer Protection (articles 50–53) and provisions of the section Special consumer rights apply. These provisions guarantee special rights for consumers that are otherwise not guaranteed for legal entity Customers (legal persons and entrepreneurs).

Customers—legal persons

If the purchase is made by a Customer as a legal person (hereinafter referred to as: Legal person customer), product conformity will be governed by provisions of the Contractual Relations Act that concern the Seller’s obligations with regard to material damage to the goods.

Legal person customers are obliged to inspect purchased items upon the delivery and inform Mione without delay about any visible damage by sending an email to info@mioneatelier.com and attaching the purchase receipt. Otherwise, Legal person customers lose the right to protection from physical defects of goods that can be spotted on a simple inspection. In case the goods have a defect that could not be spotted on a simple inspection during the delivery (hidden defect), the Customer is obliged to, immediately upon discovering the defect, inform Mione about the defect in written form and attach the receipt to the notification. If the Legal person customer fails to inform Mione about the hidden defect in a timely manner, they will lose the right to protection.

If, upon inspection, it is determined that Mione is responsible for the physical defects in goods, the Legal person customer will not be entitled to withdrawing from the contract but will be entitled to demand a price deduction or product repair or to replace the product for a different product of the same price. The final decision about the claim will be made by Mione.

Please bear in mind that Mione is not responsible for any hidden defect discovered after 6 (six) months from the delivery of goods.

Relevant provisions of the Contractual Relations Act will apply to any issue not regulated by these General Terms and Conditions.

In any case, the costs of certifying the conformity, declared characteristics, wholesomeness of products, or products’ compliance with the standards—which is done in testing laboratories by third parties at the Customer’s request (be they a legal person or a Consumer)—are covered by the Customer, unless it is concluded during the inspection that the defect was inherent to the material or that it occurred during the manufacturing.

SPECIAL CONSUMER RIGHTS

What is conformity?

Consumer goods are presumed to be in conformity with the contract if they:

1. comply with the description given by the seller;
2. are fit for any particular purpose for which the consumer requires them and which he made known to the seller and which the seller has accepted;
3. are fit for the purposes for which goods of the same type are normally used;
4. show the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller.

If you believe any of the abovementioned criteria hasn’t been met, you can file a complaint.

Please bear in mind that the claim will be declined if:

• the product is handled improperly, contrary to the instructions and maintenance manual or the product’s purpose,
• the product was repaired or a repair was attempted by unauthorised persons.

What is the deadline to file a nonconformity claim?

Mione is responsible for nonconformity of the goods to the Consumer for two years from the date of receiving the goods. Once this deadline expires, Mione will not be responsible for nonconformity of the products and the Consumer will no longer be entitled to a claim.

Filing a claim

If you want to file a defective product claim, you need to submit a claim request at Metohijska 1, 23000 Zrenjanin, or electronically at info@mioneatelier.com with subject: Claim.

When submitting a claim request the Customer must:

a. Deliver the product
b. Submit a proof of purchase—the Contract or a contract document, a copy of the electronic invoice or any other document that proves the purchase.
c. Submit filled out warranty claim which can be downloaded at WARRANTY CLAIM. Information that needs to be included in the warranty claim can be found in the next section.

If you are filing a claim via email, you are obliged to send the item for which you are filing the claim no later than the following day. We won’t be able to decide on the merits of the claim before we receive the item as we need to inspect the item and determine whether the product is genuinely defective.

If you have any questions regarding the status of your claim or need any further explanation, you can contact us via email at info@mioneatelier.com or telephone at +381 63 8610052. Mione’s staff will respond to your query as soon as possible.

Claim settling procedure

The claim settling procedure is initiated by filling out a warranty claim that can be downloaded at WARRANTY CLAIM. When filling out the form, please include the following information:

– Full name,
– Address, phone number and email,
– Type/reference number of the product and quantity,
– Briefly describe the nonconformity,
– Indicate whether you want us to repair or replace the product, or do you want us to reduce the purchase price or you wish to withdraw from the contract and receive a refund,
– Date of receiving the goods (date when the risk passed to consumer),
– Date of filing the claim,
– Purchase date,
– Receipt number,
– Purchase price,
– Signature.

By signing the Warranty claim, you confirm that the entered information is accurate, in particular the information concerning your address and email to which Mione will send a written response about the claim. By signing the warranty claim, you also confirm that you agree to have the warranty claim confirmation email sent to the email address provided in the warranty claim.

We will send the warranty claim confirmation email to the email address provided in the warranty claim.

We will respond to the warranty claim in the electronic form no later than eight days from the receipt of the claim. We will notify you about our decision regarding your claim and give a specific proposal and deadline to settle the claim.

The deadline to respond to the claim starts running on the date of receiving the product, as prescribed in article 56 paragraph 7 of the Law on Consumer Protection (the date of filing the claim).

The claim must be settled within 15 days from the day of filing the claim.

Mione is obliged to act on the decision, proposal, and deadline for claim settlement, provided it has obtained your prior consent. We, therefore, ask you to give your consent as soon as possible upon receiving our response to the claim so that the claim can be settled within the abovementioned legal deadline. We will consider your untimely consent as a reasonable cause for not being able to accommodate your request within the 15-day legal deadline.

If, due to a reasonable cause, we are unable to accommodate your request within the prescribed deadline, we will notify you about the extension of the deadline and suggest a new deadline to settle the claim with your consent. The deadline to settle the claim may be extended only once.

Who decides about claim requests?

The merits of the claim request are decided by a competent person at Mione. If the competent person finds the claim request ungrounded, Mione may decide to form a three-member claim settling commission which will then make the final decision and inform the Customer about it.

Delivery of the goods for the purpose of claim request

When returning the goods for which you filed a claim request, either by mail or package delivery, please package the product properly so that it does not sustain any transportation damage. Mione will not accept any product returned as part of a claim request that is not properly packaged or products that have sustained mechanical damage during transport; instead, Mione will return the products to you at your expense. Mione is not responsible for any potential damage to the product and packaging inflicted on the goods during transport during a pending claim request.

Consumer rights regarding claim requests

When filing a claim request, the Customer has the right to ask Mione to:

a. Repair the product and bear the cost of repair;
b. Replace the faulty product with a new, faultless product;
c. Reduce the price of the product for which the claim has been requested or
d. Fully refund the purchase price indicated on the receipt, in case the nonconformity cannot be corrected in any of the abovementioned ways.

If nonconformity cannot be corrected by a repair or replacement, you have the right to request a price reduction or contract withdrawal if:

• It is impossible to correct nonconformity either completely or within a reasonable deadline;
• You cannot exercise the right to repair or replacement, that is if we haven’t repaired or replaced the product within a reasonable deadline;
• Repair or replacement cannot be done without considerable inconvenience for you due to the nature of the goods and their purpose;
• Nonconformity correction through a repair or replacement places a disproportionate burden on Mione.

Within the meaning of paragraph 2 item 4 of this section, a disproportionate burden is placed on Mione when, in relation to price reduction and contract withdrawal, disproportionate costs are incurred with regard to:

• The actual value of conforming goods;
• The meaning of conformity in a particular case;
• Whether nonconformity can be corrected without causing considerable inconvenience for you.

If you have already filed a claim request on the basis of which we repaired the product, you have the right to replace the product, have the price reduced or withdraw from the contract, citing the same or a different defect you found following the first repair; another repair will be possible only with your explicit consent.

Taking into account the nature of the goods and the purpose for which you bought them, a repair or replacement must be done within a reasonable deadline without considerable inconvenience for you and with your consent.

Should a nonconformity occur six months from the day of receiving the product, you have the right to choose whether you want to have the product repaired, the price reduced, or withdraw from the contract, in which case, correcting the nonconformity will be possible only with your explicit consent.

Please bear in mind that you are not entitled to withdraw from the contract and request a full money refund for a minor nonconformity of goods.

Also, we advise you not to abuse your rights concerning nonconformity; otherwise, you will be obliged to compensate any damage inflicted upon us. Mione will determine whether the goods are indeed not in conformity; if we conclude that you have withdrawn from the contract although the product was in conformity to the contract or that you have withdrawn from the contract over a minor nonconformity, Mione reserves the right to seek damage compensation over unfounded termination of the contract. The damage refers to both actual damage and the loss of prospective profit.

Procedure in case of a successful claim:

Mione will notify you, by sending a letter or email, about a successful claim.

If you choose to have the product repaired, Mione will deliver the repaired product in the same manner as it delivered the original product, to the address provided in the warranty claim. If you are not present at the address at the time of the delivery, the courier will leave a “delivery notice card” in your mailbox. You can pick up the package personally at your local post office within 5 days, by showing a postal item number and an ID. If you fail to pick up the package within 5 days, it will be returned to the sender. If the delivery of goods for which you filed a claim request cannot be done due to your fault, or due to the fault of the person designated as the receiver, the goods will be returned to Mione. After 30 days, Mione will no longer be responsible for the product and it will be handed over for recycling, i.e. decommissioned.

If you choose to have the product replaced for the same or a different product, Mione will send the new product within 15 days from the day of filing the claim request.

If you choose to terminate the contract, Mione will refund the full purchase price you paid for the product for which you filed a claim request. The refund to the Customer will be made either via bank account or in cash within 15 days from the day of filing the claims request.

Procedure in case of declined claims request:

Mione will attach a written notification about the failed claim request to the goods for which you filed a claim request and state the reasons for declining the claim request.

The notification about the failed claim request will be considered valid in accordance with article 56 paragraph 7 of the Law on Consumer Protection from the day of the attempted delivery of registered mail, even if the package cannot be delivered due to the fact that the Customer does not live at the address provided in the claim request (unknown address) or due to the fact that he or she refuses to receive the package.

Consumer dispute

If you believe that your consumer rights were violated, you reserve the right to initiate a court procedure or an out-of-court procedure to settle a consumer dispute.

Consumer disputes can be settled through an out-of-court procedure except when:

• Dispute settling procedures are established by the trader;
• Direct negotiations between the consumer and the trader are initiated;
• A judge is trying to settle the dispute between the parties using the conciliation procedure;
• The trader initiates a procedure against the consumer and
• The value of the dispute exceeds RSD 500,000.

The list of out-of-court consumer dispute settlement bodies can be found on the website of the Ministry of Trade, Tourism, and Telecommunications of the Republic of Serbia at https://mtt.gov.rs/informaciie/zastita-potrosaca/

Initiating an out-of-court procedure does not exclude or affect the consumer’s right to court protection, meaning that the Consumer can at any time decide to terminate out-of-court procedure and have their rights upheld before a competent court.

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