Terms & Conditions

Please find below are full terms and conditions, specifically for purchasing Showers, Taps, Shower Accessories, App and Shower Spare Parts from the Mira Showers website.

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. By submitting an order to us, you agree to accept the terms set out below.

 

2. Information about us and how to contact us

2.1 Who we are. We are Kohler Mira Limited a company registered in England and Wales. Our company registration number is 252115 and our registered office is at Whaddon Works, Cromwell Road, Cheltenham, GL52 5EP

2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 001 4040 or by writing to us at technical@mirashowers.com or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

3. Our agreement with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you an order acknowledgement confirming the details of your order, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product. This might be because the product is out of stock, your payment card was not authorised, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because these terms have not been complied with. If the product ordered is out of stock, we will contact you by email or telephone and you will have the option to receive a refund or wait for the product to become in stock.

3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders for British Forces postcodes or addresses outside the UK.

 

4. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the agreement (see clause 7- Your rights to end the agreement).

 

5. Our rights to make changes

5.1 Changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements.

 

6. Providing the products 

6.1 Delivery costs. Delivery is free of charge for all products.

6.2 When we will provide the products. We will deliver the goods to you as soon as reasonably possible (typically within 4 to 7 working days Monday to Friday) and in any event within 30 days after the day on which we accept your order. Once the products have been dispatched we will send you an email to notify you. If we are unable to deliver the products within 30 days we will notify you of the revised date. If the revised date is not acceptable to you, you may want to end the agreement (see clause 7 – Your rights to end the agreement).

6.3 Delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any products you have paid for but not received. We recommend that you do not arrange a plumber to install the goods until you have received and inspected the products.

6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the agreement.

 

7. Your rights to end the agreement 

7.1 You can always end your agreement with us. Your rights when you end the agreement will depend on whether there is anything wrong with it, how we are performing and when you decide to end the agreement:

1. If what you have bought is faulty or misdescribed you may have a legal right to end the agreement (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
2. If you want to end the agreement because of something we have done or have told you we are going to do, see clause 2;
3. If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

7.2 Ending the agreement because of something we have done or are going to do. If you are ending an agreement for a reason set out at (a) to (d) below the agreement will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, or
4. you have a legal right to end the agreement because of something we have done wrong.

7.3 How long do I have to change my mind? You have 28 days after the day you (or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case, you have until 28 days after the day you (or someone you nominate) receives the last delivery, to change your mind about the goods.

 

8.2 How to end the agreement with us (including if you have changed your mind)

8.1 Tell us you want to end the agreement. To end the agreement with us, please let us know by calling customer services on 0800 001 4040 or by writing to us at technical@mirashowers.com or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2 Returning products after ending the agreement. If you end the agreement for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us at Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP or arrange for us to collect them. Please call customer services on 0800 001 4040 or email us at technical@mirashowers.com for a return label or to arrange collection.

8.3 Costs of return. All returns are free of charge.

8.4 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in an unacceptable way.

8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

1. your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 8.2.
2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

 

9. Our rights to end the agreement

9.1 We may end the agreement if you break it. We may end the agreement for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

9.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

10 If there is a problem with the product

10.1 Product guarantee. Each product is supplied with a manufacturer’s guarantee, the full terms of which can be viewed here. It is recommended that you read these guarantee terms carefully and inspect the product upon delivery. Any fault or damage must be notified to us without delay and in any event within 14 days of discovering the fault or damage.

10.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 001 4040 or write to us at technical@mirashowers.com or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP.

10.3 Summary of your statutory rights. We are under a legal duty to supply products that are in conformity with this agreement. Nothing in these terms will affect your statutory rights.

10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Returns are free of charge Please call customer services on 0800 001 4040 or email us at technical@mirashowers.com for a return label.

 

11 Price and payment 

11. 1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement, refund you any sums you have paid and require the return of any goods provided to you.

11.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard or Maestro. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

 

12 Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We recommend that the products are installed by suitably qualified persons. We will not be liable for any loss or damage caused by incorrect installation or use of the product.

12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subagreementors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2 and for defective products under the Consumer Protection Act 1987.

12.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

13 How we may use your personal information

13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

 

14 Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement If you are unhappy with the transfer you may contact us to end the agreement within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

14.2 Nobody else has any rights under this agreement (except someone you pass your guarantee on to). This agreement is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these terms.

14.3 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

15 Kohler Group (“the Group”) UK Tax Strategy for Year Ended 31 December 2022

The UK Tax Strategy is published for all UK companies within the Group in compliance with the requirements of Schedule 19 of the Finance Act 2016.

The UK Tax Strategy is reviewed on an annual basis and was last updated on 17 September 2021.  It is shared with all UK companies within the Group.

15.1 Management of Tax Risks

Responsibility for the worldwide taxation affairs of the Group sit with the Chief Financial Officer and the VP Taxation.  The day to day management of UK tax affairs is dealt with by the EMEA Tax Team.  Regular updates on tax matters are provided to the VP Taxation, the Chief Financial Officer and the Board.

The Group is diverse in its businesses and geographies and the risks inherent in the calculation, collection and payment of UK taxes are managed by having policies and procedures in place and ensuring that the relevant teams are appropriately resourced, trained and have access to advice (both internal and external) when required.  The Group also has approval processes in place covering material business decisions.

Identified tax risks are assessed on a case by case basis, allowing the Group to arrive at well-reasoned conclusions on how each individual risk should be managed. Where there is uncertainty in how the relevant tax law should be applied, external advice may be sought to support the Group’s decision-making process.

The following are considered when assessing tax risks:

1. The legal and fiduciary duties of directors and employees.
2. The requirements of any related internal policies or procedures.
3. The maintenance of the Group’s positive corporate reputation, having regard to the way we interact with the communities around us.

The UK Senior Accounting Officer process undertaken by the EMEA tax team is used to support the management of risk.

15.2 Attitude to Tax Planning

The Group’s Code of Ethical Conduct can be found here and notes that:

“Kohler Co. is committed to compliance with all laws and regulations in the countries where we operate. This Code is the foundation of our commitment to ethical business practices. It sets out the standards for how we interact with each other and engage in business activities globally. Additionally, the Code summarizes the guidance and expectations set out in each of our Global Core Policies."

The Code applies to Kohler Co. (the Company), subsidiaries, associates, those who work for or represent Kohler Co., and members of the Board of Directors when acting in their capacity for Kohler Co. .”

Tax planning strategies are based upon business purpose, commercial needs and ensure the companies’ affairs are carried out in a tax efficient manner.  This includes using incentives granted by government bodies to minimize the tax cost of conducting our business.  All tax planning is carried out in line with both the letter and the intent of legislation.

The Group will seek external tax advice to ensure that tax consequences of transaction are understood and that the analysis of often complex legislation is correct.

15.3 Level of UK Tax Risk Accepted

The Group does not prescribe a specific level of tax risk but the affairs of the Group are structured based on sound commercial principles and relevant tax legislation and are not influenced by external stakeholders.

The tax treatment of transactions are reviewed with reference to the relevant legislation and external advice is sought where the transactions are complex or require specialist advice.

As noted above, the Group also has approval processes in place covering material business decisions.

15.4 Approach to Working With HMRC

The Group is committed to maintain an open and honest relation with HMRC.  We will actively engage with HMRC.  This includes but is not limited to:

1. Taking part in regular communications and meetings when required or requested.
2. Making fair and accurate disclosures in tax returns.
3. Ensuring tax returns and tax payments are on time.
4. Responding to queries and requests for information in a timely manner.
5. Seeking to resolve issues promptly and, where disagreements arise, to work co-operatively with HMRC to quickly resolve these disputes.
6. Implementing tax planning strategies based upon strong business purpose where outcomes are consistent with the economic consequences of the transactions and are not contrary to the legislative intentions, as verified by external advisers.
7. Ensuring all interactions with HMRC are conducted in a collaborative and professional manner.

For more information please contact taxemea@kohlereurope.com.

Mira Showers App - Terms and Conditions

1. Introduction

This application (“app”) is published by or on behalf of Kohler Mira Limited.

By downloading or otherwise accessing the app you agree to be bound by the following terms and conditions (“Terms”) and our privacy statement [and our cookies policy]. If you do not agree with these Terms, you should stop using the app immediately.

2. Rules of Use

• General Rules

This app is made available for your own, personal use. The app must not be used for any illegal or unauthorised purpose whatsoever or for any unauthorised purpose.

The Mira . Platinum, Mode and Activate products are not suitable for Healthcare use.

You agree that when using the app, you will comply with these Terms and all applicable laws. In particular, you confirm and agree that:

1. You are at least 18 years of age; and
2. You are authorised to use this app in connection with the product;
3. You have the permission of the householder to use this app; and
4. You will not use the app in any unlawful manner or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement;
5. You will not use the app or permit the app to be used by third parties in such a way to cause a nuisance to or impact on the comfort and safety of others; and
6. You will not modify, adapt, translate, or reverse engineer any part of the app or re-format or frame any portion of the pages comprising the app; save to the extent expressly permitted by these Terms or by applicable laws.

• Rules relating to use of the app with the product

1. The product has been installed in accordance with the production installation guide and you have read and understood the product user guide; and
2. The effective range of and Wi-Fi depends on the installation parameters and corresponding phone device as detailed in the instruction manual; and
3. This app will only work with specific mobile devices and may require certain operating system software updates – see User Guide for details; and
4. The bath-fill function and shower switch-on functions should not be operated without first checking that the tray, bath and waste is clear from obstructions, any shower enclosure opening is in the closed position, the shower head(s) are pointing towards the waste water outlet or a safe and any other water containing system is in its active position and . Children should not use the product(s) or any functions associated with the product(s) without adult supervision. It is the responsibility of the mobile device owner to ensure that suitable locking mechanisms on the mobile device (e.g. a passcode, fingerprint ID, FaceID etc.) are in place to prevent any accidental operation of the product either by themselves, by a child or by another party. Children should not be left unattended when using the product(s) or any functions associated with the product(s). ; and
5. Adjusting the maximum temperature setting too high using the app could result in very hot water being discharged from the product. Special attention needs to be given to the elderly, disabled or children; and
6. Mobile devices are not generally waterproof and should not be used in the shower or whilst bathing; and
7. You will check with other users before deleting other connected devices; and
8. You will ensure that the remote on/off, pre-set controls and voice commands are only operated whilst you are within the same physical location as the product to avoid accidental operation/flooding/harm. It is the homeowner and mobile device owner’s responsibility to ensure that they take all precautions necessary to protect users of the product and their home. Kohler Mira Ltd. strongly recommend configuration of a geo-fence or similar mechanism to avoid remote operation of the product when away from the home; and
9. The factory reset will reset all the user settings to the default as referenced in the User Guide.

Kohler Mira will not be liable for any personal injury and/or property damage suffered as a result of accidental operation of the product and/or any of its functions.

You agree to indemnify Kohler Mira Limited and any of its group of companies in full and on demand from and against any loss, damages, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the app otherwise than in accordance with these Terms.

3. Content

The copyright in all materials contained on, or in, or available through the app including all information, data, sound, photographs, videos, graphics, the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Kohler Mira Limited or its group of companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate in any form whatsoever or use the Material without Kohler Mira Limited’s prior written consent.

The trademarks, service marks and logos (“Trade Marks”) contained on or in the app are owned by Kohler Mira Limited or its group of companies. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Kohler Mira Limited or the relevant group company.

The Bluetooth® word, mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by you is under license. Other trademarks and trade names are those of their respective owners.

4. Link to Third Parties

The app may contain links to websites operated by third parties (“Third Party Websites”). Kohler Mira Limited does not have any influence or control over any such Third-Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third-Party websites or their availability or contents.

5. Disclaimer/Liability

Use of the app is at your own risk. The app is provided on an “as is” basis. To the maximum extent permitted by law, Kohler Mira Limited disclaims all liability whatsoever, whether arising from contract, tort (including negligence) third party sabotage, third party operation or otherwise in relation to the app; and all implied warranties, terms and conditions relating to the app (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, quiet enjoyment and title are, as between you and Kohler Mira Limited, hereby excluded. In particular, without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment, homes, property or products as a result of or relating to their use of the app. Your statutory rights are not affected.

Connecting your Platinum digital shower to the Mira Showers app enables household users to conveniently operate their product remotely over the Internet using either the Mira Showers app or by voice commands using connected smart speakers. By continuing, you acknowledge that household users will only operate their Platinum digital shower when physically within the installation household. Kohler Mira Ltd. will not accept responsibility for property damage or personal injury that results from remote operation (deliberate or accidental)  of the product outside the home.

We strongly recommend voice command users set-up geofencing functionality within their smart speaker app to avoid accidental operation of their product when outside the home. Read set-up details: LINK.
By continuing, you acknowledge that household users will only operate their Platinum digital shower when physically within the installation household. Kohler Mira LTD. will not accept responsibility for property damage or personal injury that results from the remote operation (deliberate or accidental) of the product outside of the home.

Remember: Only operate your Mira Shower when in the installed household to avoid accidental usage.

For the avoidance of any doubt, Kohler Mira Limited will not be liable in contract, tort (including, without, negligence) under statute or otherwise as a result of or in connection with the app, for any:

1. Economic loss (including without limitation), loss of revenues, profits, contracts, business or anticipated savings); or
2. Property damage; or
3. Personal injury; or
4. Loss of goodwill or reputation; or

• Special or indirect or consequential loss.

If Kohler Mira Limited is liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to

Nothing in these Terms shall be construed as excluding or limiting liability of Kohler Mira Limited or its group of companies for death or personal injury caused by negligence or for any other liability which cannot be excluded by English law.

6. Service Suspension

Kohler Mira Limited reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. You understand that as part of standard servicing it may be necessary for a Service Engineer to alter or clear user defaults and connected devices.

7. General

The Terms (as amended from time to time) constitute the entire agreement between you and Kohler Mira Limited concerning your use of the app. Kohler Mira Limited reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new Terms upon your continued use of the app.

The Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

Kohler Mira Limited’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kohler Mira Limited in writing.

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Kohler Mira Limited and its group of companies.