COMPLAINTS PROCEDURE
Goldine group s.r.o. with its registered office at Betlémská 262/10, Staré Město, 110 00 Prague 1, ID: 03069958, registered in the Commercial Register under the sp. C 225772, registered at the Municipal Court in Prague
1. Basic provision
1.1. This Complaint Procedure (hereinafter referred to as the "Complaint Procedure") regulates and informs the consumer of defective performance, quality assurance, and termination of the contract under a contractual relationship between Goldine group sro, located at Betlémská 262/10, Staré Město, 110 00 Prague 1, IČO: 03069958 (hereinafter referred to as the "Supplier") and the Client as defined below.
1.2. For the purposes of this Complaint Procedure, the terms listed below, with a large initial letter, are as follows:
Supplier Seller pursuant to Section 2079 of the Civil Code, which is always a trading company Goldine group s.r.o., with registered office at Betlémská 262/10, Staré Město, 110 00 Praha 1, IČO: 03069958, registered in the Commercial Register under sp. C 225772, registered at the Municipal Court in Prague
Civil Code Act No. 89/2012 Coll., The Civil Code, as amended
Purchaser Purchaser pursuant to Section 2079 of the Civil Code and Client under a contract of work under Section 2586 of the Civil Code; The Customer is also understood as the Consumer
Agreement A contract for the supply of goods between the Supplier and the Client
Contracting Parties Supplier and Client
Consumers in accordance with Section 419 of the Civil Code, any person who, outside his / her business or outside the scope of his / her independent profession, concludes the Contract with the seller
The warranty has the meaning of paragraph 4.1.
2. Rights of Defective Performance
2.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2.2. The Customer will, as far as possible, inspect as soon as possible after the risk of damage to the item has passed, and check its properties and quantities, check the integrity of the packaging of the goods. In the event of any defects being identified, it shall be obliged to notify the Supplier or the carrier immediately and shall not be entitled to take such goods. If the Purchaser has received such a damaged consignment from the Supplier or the Carrier, it is necessary to describe the damage in the handover protocol. Breach of this obligation will void the Customer's rights from defective performance; it does not apply to the Consumer.
2.3. The Supplier is responsible to the Client for the goods to be free from defects. In particular, the Supplier is liable to the Customer that at the time the Customer took over the Goods:
(a) the goods have properties that the Contracting Parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Supplier or the manufacturer has described or which the Purchaser has expected in view of the nature of the goods and the advertising they make,
(b) the goods are fit for the purpose for which the Contractor makes use of, or to which, the use of this kind is normally used,
(c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined according to the agreed sample or original,
(d) the goods are in the appropriate quantity, degree or weight; and
(e) the goods comply with the requirements of the legislation.
2.4. The provisions mentioned in paragraph 2.3. shall not apply:
(a) for goods sold at a lower price in relation to the defect for which the lower price was agreed,
(b) the wear and tear of goods caused by its normal use,
(c) in the case of second-hand goods, the level of use or wear which the goods had at the time of takeover by the buyer, or d) if it results from the nature of the goods.
2.5. Violation is a material breach of the Agreement if the Contractor knew about it at the time of the conclusion of the Agreement or he must have known that the other Contracting Party would not have concluded the Treaty if it had foreseen the breach. In other cases, the breach is not considered to be substantial.
2.6. If the defective performance is a material breach of the Agreement, the Customer has the right to deliver a new item, repair a thing, a reasonable price discount or withdrawal from the Contract.
2.7. If the defective performance is an irrelevant breach of the Contract, the Customer has the right to remove the defect or a reasonable discount on the price.
2.8. By applying a defect to the Supplier (complaints), the Customer does not dispense with the obligation to pay the Prize. Section 2108 of the Civil Code does not apply. The provisions of this paragraph do not apply if the Customer is a Consumer.
2.9. The Client can not withdraw from the Contract in the context of his right to defective performance or demand the delivery of a new item if he can not return the item in the state in which he received it. This does not apply:
(a) if there has been a change in status as a result of an inspection to identify a defect,
b) if the Client has used the matter before the discovery of the defect,
c) if the Client has not been able to return the item in its unaltered state by its act or omission; or
d) if the Customer has sold the thing before the defect is discovered, if it has consumed it or if it has altered the item in its normal use; if only in part, the Customer returns to the Supplier what else he may return and gives the Supplier compensation up to the amount in which he has benefited from the use of the item.
3. Procedure for exercising rights from defective performance (claim)
3.1. The Customer is bound to apply the defect to the Supplier without undue delay after he / she has been able to ascertain it in a timely inspection and with sufficient care. If the defect is hidden, the Customer is obliged to apply it to the Supplier without undue delay, after having been able to find it with sufficient care, no later than two years after submitting the case. In the complaint or without unnecessary delay, the Customer shall notify the Supplier of the right to choose from the defective performance. If it fails to do so in due time, even in the case of defective performance, which constitutes a material breach of the Contract, only the rights under paragraph 2.7.
3.2. Rights of defective performance (claim) are claimed by the Supplier by sending the goods to:
meetySERVIS Na Poříčí 1053/44 110 00 Praha 1
3.3. At the same time as the Goods are dispatched, the Customer shall inform the Supplier in writing (to the address specified in paragraph 3.2.) Or by electronic mail sent to office@meetybrand.com of the following:
(a) the defect, its nature and its occurrence;
b) the selected claim for defective performance;
(c) a copy of the purchase receipt (invoice, payment receipt or other document) or order number communicated by the Contractor to the Customer upon conclusion of the Contract, or to prove to the Contractor in another credible way that the purchase occurred;
(d) their identification and contact details to the extent necessary for the settlement of the claim.
3.4. The moment when the Contractor has received the goods claimed from the Purchaser is the moment when he claims the right of defective performance.
3.5. The costs of claiming defective performance are borne by the Client, the Supplier may, upon prior arrangement with the Customer, carry the goods claimed at their own expense.
3.6. The Contractor shall certify in writing to the Customer where the Customer has exercised the right to a defective performance, what is the content of the claim, and what form of claim settlement the Customer requires. Furthermore, the Contractor shall confirm to the Client in writing the date and manner of settlement of the claim, including the confirmation of the repair and its duration, or a written justification of the refusal of the complaint.
3.7. The contractor or the employee authorized by him shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Complaints, including the removal of a defect, must be settled without undue delay, no later than 30 days after the date of the claim, unless the seller agrees with the consumer for a longer period. The expiry of this period is considered as a material breach of the Agreement.
*4. Quality guarantee *
4.1. The Contractor undertakes that, unless otherwise indicated, the goods supplied will be for normal use for a period of 24 months and will retain the usual features (hereafter referred to as "Warranty"). The warranty does not apply to wear and tear due to normal use of the goods.
4.2. If the delivery method is a personalized take-off at delivery point or delivery by the Supplier, the warranty period begins to run at the time of the passing of the hazard; if the delivery by means of the carrier is intended as the way of delivery, the warranty period begins to run from the milking of the goods to the destination.
4.3. For the notification of the defect covered by the Warranty and the complaint procedure, Article 3 shall apply mutatis mutandis.
5. Withdrawal from the Agreement by Consumers
5.1. The Customer who is a Consumer has the right to withdraw from the Contract within a period of 14 days. The time limit under the first sentence runs from the date of the conclusion of the Agreement and, if it is
(a) a contract of sale or a contract of work, as from the date of receipt of the goods (unless otherwise stated in the other paragraphs of this paragraph);
(b) a contract having as its object the delivery of several types of goods or the supply of several parts from the date of the last delivery of the goods; or
(c) a contract having as its object the regular repeated supply of goods from the date of the first delivery of the goods.
5.2. The consumer acknowledges that according to the provisions of Section 1837 of the Civil Code, he can not withdraw, inter alia, from a contract for the supply of goods which has been adjusted according to the wishes of the Consumer.
5.3. In order to withdraw from the Agreement, the Consumer may use the template form provided by the Supplier, which forms an attachment to the Complaint Procedure and is available at https://www.meetyshop.com/page/guaranty. Withdrawal can be made by submitting the form to the Supplier's email address office@meetybrand.com, and acceptance of this form will be confirmed to the Consumers immediately in the text form.
5.4. Upon withdrawal from the Agreement, the consumer shall, without undue delay and within 14 days of withdrawal from the Contract, send or hand over to the Contractor the performance he has received from the Contract. The consumer understands that the cost of returning the goods is borne by the Consumer, including the cost of returning the goods if the goods can not be returned by their normal postal route.
5.5. The consumer is liable to the entrepreneur for impairment of the value of the goods that arose from the handling of the goods in a way other than the need to dispose of them in view of their nature and properties. If the goods are damaged, the Contractor is entitled to indemnify the claim for damages unilaterally against the consumer's claim for a refund.
5.6. The Supplier shall return to the Consumers without undue delay, but no later than within 14 days of withdrawal, all funds received from it, including delivery costs corresponding to the cheapest offered method. The Supplier is not obliged to return the funds before the Consumer submits the Goods or proves that the Goods have been dispatched to the Supplier. The Supplier shall refund the Consumer's funds in the same manner as the Receiver.
6. Final Provisions
6.1. The Complaint Procedure Code is an enclosed and integral part of the Business Terms and Conditions which, in accordance with the provisions of Section 1751 (1) of the Civil Code, govern the contractual relationship between the Supplier and the Client.
6.2. This Complaint Rules will take effect on 30 May 2018