1.    Preamble

1.1.    Mirka (UK) Ltd, a limited company registered at Companies House under number 01414812, having its registered office at Saxon House Shirwell Crescent, Furzton, Milton Keynes, MK4 1GA ("Mirka", "we", "us"), operates an online shop for the sale of Mirka products, accessible at www.mirka.com/en-gb ("Online Shop").

1.2.    These terms and conditions of sale (hereinafter "Terms and Conditions") apply to the retail sale of products, including accessories and spare parts ("Product(s)") by Mirka via the Online Shop to private individuals acting for non-business purposes. 

The Customer ("Customer", "you" or "your") represents and warrants that he/she/they is/are acting as a final consumer of the Products ordered via the Online Shop. 

A consumer, as defined in the Consumer Rights Act 2015 ("CRA"), is an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.

1.3.    These Terms and Conditions are available to the Customer on the Online Shop www.mirka.com/en-gb. Before placing any order, the Customer must ensure that he/she/they has/have read these Terms and Conditions.

Consequently, the fact of placing an order by ticking the box "I have read and accept the terms and conditions of sale" implies full and unreserved acceptance of these Terms and Conditions by the Customer.

Other terms and conditions, such as the general terms and conditions of use of Mirka’s official site www.mirka.com/en-gb, available at www.mirka.com/en-gb/terms-of-use/, as well as the privacy policy and cookie policy, available at www.mirka.com/en-gb/privacy-policy/, are also applicable to your use of the Online Shop.

1.4.    By accepting these Terms and Conditions, the Customer declares and warrants that he/she/they is/are of legal age and has/have the legal capacity to enter into a contract with Mirka.

1.5.    Mirka reserves the right to modify the Terms and Conditions at any time without prior notice by publishing a new version on the Online Shop. Any modification will not affect orders already accepted or executed.

2.    Product presentation 

2.1.    The Products offered for sale on the Online Shop are proposed by Mirka, which endeavours to present their main characteristics and compulsory information as clearly as possible.

However, the information provided in the presentation of the Products available on the Online Shop, including photographs and graphics, are not contractual and do not engage Mirka's responsibility.

2.2.    Mirka reserves the right, without prior notice, to modify the characteristics and technical specifications of the Products and to suspend their sale, without the Customer being able to claim any compensation.

3.    Order

3.1.    You can place orders in “guest” mode without creating a customer account.

3.2.    Products can be purchased directly from the Online Shop using the following procedure:

a)    You can select and add Products to the shopping cart;

b)    In your shopping cart, you will see an overview of the Products you have selected in your shopping cart;

c)    Once you have clicked on the "Confirm your order" button, you will confirm your selection; 

d)    You are then asked to provide all the information required to process and fulfill the order and to manage the delivery, including in particular your e-mail address and your delivery address.

You undertake to ensure the information provided is valid, accurate, complete and up-to-date. In this respect, you undertake to read Mirka’s Privacy Policy, which is available on the Online Shop at www.mirka.com/en-gb/privacy-policy/. 

In the event of an error in the Customer’s details, Mirka cannot be held responsible for the impossibility of delivering Products;

e)    Shipping costs are calculated once the delivery address has been validated. You will then be invited to proceed to delivery and choose your preferred delivery method if available;

f)    You will then find a summary of your order, including information on price, delivery charges and any discounts, and will be able to review your selection, check the total price and correct any errors;

g)    To validate your order, you will be asked to click on the "Continue to payment" button and you will be asked to choose your method of payment;

h)    You must accept these Terms and Conditions before validating your order;

i)    Validation of your order is subject to effective payment; 

j)    Once the payment transaction has been completed, you will receive an automatic acknowledgement e-mail detailing the Products you have ordered ("Payment Confirmation"). However, the Payment Confirmation does not constitute Mirka's acceptance of your order, which is subject to other conditions as set out below in Article 3.7 et seq.

3.3.    The choice and purchase of a Product is the sole responsibility of the Customer, Mirka being under no obligation to provide advice. The Customer is responsible for the accuracy of his/her/their order.

The Customer may nevertheless exercise their right of withdrawal under the conditions set out in the Article 7 “Right of withdrawal and return” of these Terms and Conditions.

3.4.    Your order will be processed as soon as the payment transaction has been completed. However, Mirka reserves the right to refuse any order in the following cases:

a)    the unavailability of all or part of the Products ordered;
b)    the existence of a dispute with the Customer, including in the event of total or partial non-payment of one or more previous orders;
c)    objective suspicion of fraud;
d)    insolvency of the Customer or refusal of payment authorisation by banking organisations/partners;
e)    manifest price error, when the price is considered derisory in relation to the value of the Product ordered, notably due to a parameter error or a computer error.

3.5.    Mirka also reserves the right to modify your order by sending you a modified offer by e-mail with the corrected price.

You have the right to accept or reject the modified offer by e-mail within the period indicated in the e-mail. If you refuse or do not accept the offer within the period indicated, Mirka will confirm the rejection of the entire order and refund any payment already made.

In the event of unavailability of part of the Products ordered, Mirka also reserves the right to modify your order to accept only the Products available for sale.

3.6.    In the event of a total or partial refusal of the order, Mirka will refund the corresponding price within fourteen (14) days of the refusal.

Any refund will be made by the same method of payment you used to pay for your Products.

3.7.    The order is final when you receive a confirmation of order acceptance by e-mail from Mirka  once Mirka has accepted your order or you accept the modified order proposed by Mirka in accordance with Article 3.5 above. 

4.    Price

4.1.    The prices of the Products are displayed on the Online Shop either inclusive of VAT (VAT at the applicable statutory rate), or exclusive of VAT, excluding processing and delivery charges and other options, the cost of which is communicated to you during the order process.

Delivery charges will be communicated to the Customer on the order summary before the order is validated, in accordance with the delivery conditions set out in Article 6 "Delivery" of these Terms and Conditions, and are available on our Online Shop.

4.2.    Mirka reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. 

5.    Payment

5.1.    Validation of any order is subject to prior payment of the full price by the Customer. 

The Customer may choose the means of payment according to the options proposed by Mirka on the Online Shop. Only Visa and Mastercard are accepted.

Online payment transactions are handled by Adyen N.V. ("Adyen"), a company incorporated under the laws of the Netherlands, registered under number 34259528 and headquartered at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands, using secure encryption and according to strict banking standards. For further information, please visit www.adyen.com/.

5.2.    By validating an order via the Online Shop, you confirm that the payment details provided with your order are valid and correct and that you are authorised to use the credit or debit card for payment.

5.3.    In the event of late payment, without prejudice to any other available rights and remedies, Mirka reserves the right to:

a)    cancel all orders concluded and not settled following an unsuccessful formal notice; 
b)    suspend all or part of the order or the delivery of the order;
c)    claim the Products delivered, the cost of return being borne by the Customer and any payments made being retained by Mirka as a reasonable pre-estimate of its loss;
d)    retain ownership of the Products ordered until full payment of the price, including principal, interest and accessories;
e)    proceed to collection by judicial means.

6.    Delivery

6.1.    The Products available on the Online Shop are offered for sale exclusively in mainland United Kingdom (excluding the Scottish Highlands). Delivery of Products offered for sale on the Online Shop and invoicing are therefore only available to Customers located in the mainland United Kingdom (excluding the Scottish Highlands).

6.2.    When your order leaves our warehouse, we'll send you a shipment confirmation email with the tracking number and a link to our service provider's website for real-time tracking of your order.

6.3.    The Customer is responsible for the accuracy of the address communicated to Mirka for delivery and invoicing purposes and undertakes to indicate any difficulties the carrier may encounter in delivering the order, in particular due to its volume or weight.

Mirka cannot be held responsible for late or returned deliveries due to an address error, the carrier's inability to deliver the order to the address provided or the Customer's absence.

If you fail to accept delivery, Mika reserves the right, without prejudice to its other rights (i) to have the Products held at your risk; or (ii) to terminate the contract in accordance with legal provisions.

6.4.    The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed. Consequently, any delay in Product delivery shall not entitle the Customer to claim damages, penalties or cancellation of the order.

6.5.    Items in the same order may be shipped in several packages. The delivery note indicates the number of packages shipped.

In this case, each delivery constitutes a separate delivery contract and the fact that Mirka fails to deliver one or more packages in accordance with these Terms and Conditions or any complaint by the Customer concerning one or more packages does not entitle the Customer to call into question the order as a whole.

7.    Right of withdrawal and return policy

7.1.    In accordance with regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013/3134 ("CCRs"), the Customer has a right of withdrawal. The Customer may exercise his/her right of withdrawal, without having to justify his/her/their decision, up to fourteen (14) days from receipt of the item concerned by the Customer or by the third party designated by him/her/them other than the carrier.

If the Customer has ordered several items in a single order, or if the delivery of the items has been made in several parts, the withdrawal period does not begin until the Customer, or the third party designated by the Customer other than the carrier, takes physical possession of the last item or the last part of the delivery.

In accordance with regulation 28 of the CCRs, the right of withdrawal cannot be exercised for orders for the supply of personalised goods or goods made to the Customer's specifications.

7.2.    To notify his/her/their decision to withdraw, the Customer must send an unambiguous statement before the expiry of the 14-day period:

o    either by email to shop.uk@mirka.com ,

o    or by post to Mirka's customer service at:

Mirka (UK) Ltd
Saxon House 
Shirwell Crescent 
Furzton Lake 
Milton Keynes
MK4 1GA

o    or by using the online retraction form available on the Online Shop at www.mirka.com/en-gb/support/returns-process/ 

A sample cancellation form is available below:

"To the attention of Customer Service, Mirka Online Shop
to the following email address: shop.uk@mirka.com 
- Title: 
- First name: 
- Last name:
- E-mail:
- Telephone number:
- Mirka order number:
- Reason for return:
•    I have changed my mind (item not used)
•    I have received the wrong item
•    One or more items are missing
•    The item is not what I expected
•    The item has a defect
•    The item was damaged on receipt
•    Other – please specify
- Which product(s) would you like to return?
- Your attachment (max. size: 4Mb)
- Your message:”

7.3.    In accordance with regulation 38 of the CCRs, the exercise of the right of withdrawal from a main distance contract (i.e. the product purchase contract) automatically terminates any accessory contract (i.e. related options: commercial warranty).

7.4.    The Customer will promptly receive an acknowledgement of receipt of his/her/their request for retraction, which will be sent by email. Mirka will arrange collection of the Products and email a UPS label. The Customer will take the parcel containing the Products with the label to a drop-off point of their choice and must do so without undue delay and so that, at the latest, they arrive within fourteen (14) days of communication of the return form.

7.5.    We will cover the shipping costs through UPS for items returned to us under your right of withdrawal, and our customer service department will send you a UPS label by e-mail. 

No returns will be accepted from outside the mainland United Kingdom (excluding the Scottish Highlands).

7.6.    Regardless of the return method, Products must be returned in their original condition and packaging. Any product returned incomplete, used, damaged or soiled, or with all or part of the labels removed or damaged and/or with packaging damaged will not be accepted for return, exchange or refund.

7.7.    All accepted returns will result, at the Customer's discretion, in either a credit note or a refund, after verification of the quality and quantity of the returned Products.

Any refund will be made by the same method of payment you used to pay for your Products. 

Refund will be made no later than fourteen (14) days following the date on which you received confirmation of acceptance of the return. We will withhold the refund until we have received the returned Products. You should keep a receipt or other evidence from the delivery service that proves you have sent the Products and when you sent them. If you do not do this and we do not receive the Products at all or within a reasonable time, we will not process your refund. 

7.8.    In the case of orders relating to the provision of a service, in accordance with regulation 36 of the CCRs, the Customer may expressly waive the right of withdrawal if he/she/they requires/require a service to be performed before the end of the period specified in regulation 30(1) of the CCRs. Any service which has begun to be performed can no longer be subject to the right of withdrawal.

8.    Transfer of risk 

8.1.    All risk of loss or damage to the Product is transferred to the Customer at the time the Customer or a third party designated by the Customer takes physical possession of the Product.

It is therefore the Customer's responsibility, upon delivery and before the carrier's departure, to carry out all examinations to detect any damage, shortages, defects or other apparent defects or non-conformity of the Products ordered, and to check the condition of the packaging, the number of packages and the Products delivered in their quantities, references, condition and characteristics. 

8.2.    If the Customer considers that the Products delivered are not in conformity with the order, in the event of an anomaly concerning the parcel or in the event of a missing or damaged item, the Customer must follow the procedures below in order to submit a complaint:

a)    refuse to accept the order or indicate, on the delivery note with the date and his/her/their signature, reservations in a precise and motivated manner;
b)    send Mirka their reservations within fourteen (14) days from the date of delivery by email to shop.uk@mirka.com or by the means of the complaint form accessible at www.mirka.com/en-gb/support/returns-process/, specifying the order number concerned and justified by means of photographs of the anomalies noted;
c)    specify the desired solution, i.e. return, exchange or refund of the Products concerned.

Non-compliance with the above procedure excludes any recourse against the carrier and Mirka. Any claim not complying with these Terms and Conditions cannot be processed by Mirka.

8.3.    In the event of a proven anomaly or if Mirka agrees, on a commercial basis, to take back the Product(s) concerned, Mirka will proceed as soon as possible to cancel the order relating to the damaged or missing Products and to reimburse the amount of the Products concerned and any return costs, in which case no other compensation may be claimed against Mirka.

Any refund will be made by the same method of payment you used to pay for your Products.

8.4.    In the absence of reservations or in the event of insufficient information from the Customer, Mirka reserves the right to refuse the request for return or reimbursement of the Products concerned.

Once the Customer has signed the delivery, collection or transport note or accepted the delivery without a signature and without any specific reservations, the carrier and/or Mirka, as the case may be, will not be liable for any damage caused during delivery.

8.5.    Notwithstanding the provisions relating to delivery and transfer of risk, Mirka reserves ownership of the Products delivered until full payment of the price, including costs, taxes and compulsory contributions.

9.    Legal and commercial warranties 

9.1.    Legal warranty:

9.1.1.    Mirka warrants that all Products sold on the Online Shop are of a satisfactory quality, in accordance with section 9 of the CRA. The Customer may return Products which are not compliant with the provisions of section 9 of the CRA. Returns in these circumstances will be free of charge.

9.1.2.    However, Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to defects that are apparent, or that the Customer was aware of or could not have been unaware of at the time of ordering, in particular with regard to the information provided by Mirka. Nor will the warranty cover Products damaged after the transfer of risk to the Customer, or as a result of misuse.

9.1.3.    Terms and conditions of legal warranties

When the Customer acts under the warranty at Article 9.1.1 above, he/she/they has/have a period of two (2) years from the date of delivery of the item to take action and in accordance with section 19 of the CRA may choose between:

a)    a short-term right to reject in accordance with sections 20 to 22 of the CRA; 
b)    a right to repair or replacement of the item in accordance with section 22 of the CRA; or
c)    a right to a price reduction or the final right to reject in accordance with section 24 of the CRA.

The Customer is exempted from proving that the lack of conformity of the Product concerned was caused by Mirka.

The legal warranty of satisfactory quality applies independently of any other warranty that may have been granted by Mirka.

These provisions are not exclusive of the right of withdrawal defined in Article 8 above.

9.2.    Commercial warranty

9.2.1.    Products sold by Mirka are guaranteed for two (2) years from the date of purchase. To obtain an additional year (1) of warranty, register your Product within 30 days of purchase.

9.2.2.    The warranty period is one (1) year when the tool, battery and chargers are used continuously for industrial purposes. You can register your tool, battery and charger at: www.mirka.com/en-gb/support/warranty/.

9.2.3.    As warranty certificates are specific to each Product and each customer, each Product must be registered separately. Registration and additional warranty cannot be transferred to a different person or company.

9.2.4.    The battery and charger included with the purchase of the Product are covered by the 2+1 year warranty program. Parts purchased separately are not covered by the warranty. The battery is guaranteed for 2+1 years or 300 recharges from the date of purchase, whichever comes first.

9.2.5.    If a Product encounters a problem covered by the terms of the warranty and this problem is due to a manufacturing or material defect, Mirka will repair it free of charge, in accordance with the terms and conditions of the warranty defined here. For your warranty to remain valid, your Product must be used, maintained and managed in accordance with Mirka's safety and operating instructions.

Mirka's warranty covers defects in materials and workmanship.

9.2.6.    Mirka's commercial warranty does not cover: 

a)    Damage caused by improper use, negligent operation or maintenance, accidents, exposure to extreme temperatures, acids, water, improper storage, excessive impact or transport damage;
b)    Defects caused by spare parts, accessories or components other than original Mirka spare parts or accessories;
c)    Pneumatic tools used with unfiltered or unlubricated air;
d)    Normal wear and tear, such as: chainring, chainring brake, skirt, rotor, vanes, exhaust, muffler, bearings, carbon brushes, rubber support, battery (recharged more than 300 times) or power cable;
e)    Tools that have undergone: modifications, repairs or attempted repairs (by persons other than Mirka authorised service personnel), partial or total disassembly;
f)    Mirka accessories, storage cases, product samples and/or advertising material.

9.2.7.    For more information on the conditions of Mirka's commercial warranty and on the conditions for making a claim under the warranty, the Customer is invited to consult Mirka's Warranty Conditions available at www.mirka.com/en-gb/support/warranty/. 

10.    Product uses and destinations

10.1.    It is your responsibility to properly install and use the Products you have purchased from the Online Shop. To guide you properly, always read the instructions on the Product packaging, as well as the corresponding Mirka user/product manual and installation guide.

10.2.    Mirka spare parts and accessories must be installed and used in accordance with the instructions in the user manual and installation guide of the Product in which you intend to install and use the spare parts and accessories.

10.3.    Mirka is not responsible for the usefulness, quality and compatibility of the Products to the specific needs of the Customer.

11.    Limitation of liability / Force majeure

11.1.    To the extent permitted by law, Mirka cannot be held liable in the following cases:

a)    in the event of misuse, negligence or lack of maintenance by the Customer;
b)    in the event of the occurrence of any special, indirect or incidental damage;
c)    in the event of non-conforming use of the Products as specified in the latest version of the technical data sheet or any other document containing rules of use communicated by Mirka;
d)    for any failure or delay due to Force Majeure (as defined below).

Nothing in these Terms and Conditions is intended to affect your legal rights if you are a consumer, nor is it intended to exclude or limit our liability to you for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability which cannot be limited or excluded as a matter of applicable law.

Force Majeure is defined as any external cause, foreseeable or otherwise, of an irresistible nature, or whose effects would substantially alter the economic balance of the sale for Mirka. Events such as strike, fire, epidemic and pandemic, flood, riot, war, shortage of fuel, energy, transport, materials, official orders or legal measures, are considered as force majeure, even if only partial and whatever the cause.

Consequently, Mirka cannot be held responsible for any failure, even partial, or delay in the execution of its contractual obligations resulting from the occurrence of a case of Force Majeure.

11.2.    Mirka cannot be held liable for any immaterial and/or indirect damage. By immaterial and/or indirect damage is meant in particular financial and commercial prejudice, loss of sales, profit or clientele or loss of earnings.

12.    Intellectual property 

12.1.    No intellectual property rights on any of the elements of the Products or services offered by Mirka, including documentation and user manuals provided by Mirka, are transferred to the Customer.

12.2.    The name "Mirka" as well as all trademarks, illustrations, images and logos appearing on the Products, their accessories and packaging, or on Mirka's website, whether registered or not, are the exclusive property of Mirka and/or its affiliates ("Mirka's distinctive signs").

Any total or partial reproduction, modification or use of Mirka's distinctive signs, for any reason and on any medium whatsoever, without Mirka's express prior consent, is strictly forbidden. 

The same applies to any other type of intellectual property right held by Mirka, such as copyright, design and patent that the Products may contain, which are the exclusive property of Mirka and/or its affiliates.

12.3.    The Online Shop as a whole and each of its component parts (such as texts, tree structures, software, databases, animations, images, photographs, illustrations, diagrams, trademarks, logos, domain names, sounds and music) are protected by intellectual property rights. They are either the exclusive property of Mirka and/or its affiliates, who are alone entitled to exploit the related intellectual property rights, or are subject to rights of use, reproduction and representation granted to Mirka and/or its affiliates.

Consequently, the use of all or part of Online Shop, in particular by downloading, reproduction, transmission, representation or distribution, in any manner whatsoever and on any medium whatsoever, without prior written authorisation from Mirka, is strictly prohibited.

12.4.    It is strictly forbidden to place a hypertext link directing to the Online Shop using the technique known as "framing" or "inlining" (copying a part or an element of the site onto another site). Consequently, no element appearing on the pages of the Online Shop may be partially or totally distributed, transferred or inserted onto another site, nor may it be used to create derivative products, except with the express authorisation of Mirka.

12.5.    All technical documents provided to the Customer also remain the exclusive property of Mirka and/or its affiliates, the sole owner of the intellectual property rights on these documents.

13.    Personal data 

13.1.    Mirka will collect and process your personal data in order to process your order, provide the associated services and manage any complaints you may have.

In this context, Mirka acts as data controller and undertakes to comply with all applicable provisions of UK GDPR (which has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018).

13.2.    You have the right to access, modify, oppose, forget and delete your personal data. You also have the right to limit the processing of data concerning you.

To exercise your rights, please send your request to privacy@mirka.com or to the attention of Mirka’s Data Protection Officer at the following address: Mirka Ltd., Pensalavägen 210, FI-66850 Jeppo, Finland, attaching proof of identity and stating your request.

13.3.    Further information on the processing of personal data can be found in our Privacy Policy, which can be accessed at www.mirka.com/en-gb/privacy-policy/. 

14.    Customer support

For any general questions regarding the use, maintenance or service of the Products, please refer to the user manual or the information available on the Mirka Online Shop, notably www.mirka.com/en-gb/support/help-center/knowledge-base/. You can also contact Mirka customer service via the contact request form accessible at www.mirka.com/en-gb/support/customer-service/, by e-mail shop.uk@mirka.com or by telephone +44 (0)1908 866100.

15.    Miscellaneous 

15.1.    Mirka reserves the right to subcontract or assign all or part of the performance of services under these Terms and Conditions. 

15.2.    If any provision of these Terms and Conditions is determined to be void, invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.

16.    Applicable law and dispute resolution

16.1.    These Terms and Conditions and the contractual relationship between the parties shall be governed by and construed in accordance with English law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

They are written in English. Should they be translated into one or more languages, only the English text will prevail in the event of a dispute.

16.2.    In the event of a dispute arising from an order or the use of the Online Shop, the Customer is invited to make a written complaint by e-mail to Mirka's customer service via the contact request form accessible at www.mirka.com/en-gb/support/customer-service/ or by e-mail shop.uk@mirka.com , in order to find an amicable solution. 

In the event of a claim not amicably resolved by Mirka's customer service, the Customer may submit the claim to any mutually agreed mediation service and, should the Customer do so, the parties shall cooperate with one another in respect of the mediation proceedings.

16.3.    The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

In the absence of an amicable solution or recourse to mediation, all disputes to which these Terms and Conditions may give rise, concerning their validity, interpretation, performance, resolution and consequences, shall be submitted to the competent courts of England and Wales.

These Terms and Conditions were last updated on: 10/06/2024.