Suggested Complaint Procedure
Although one of our main goals is the sale of a quality product in the context of sustainable fashion - a product with the longest possible lifetime while maintaining its comfort, there may still be situations where you consider the product to be defective. According to the Civil Code 89/2012 Coll. you have the right to exercise the right of defective performance. In this case, please read this page, which will answer your questions about what to do at this time and what options you have. Within this topic, you can also contact us.
If you consider the goods to be defective, we recommend that you contact us first, we solve each situation individually with an effort to reach your satisfaction. Write to us at firstname.lastname@example.org and state the following:
- a description of the defect (at least briefly),
- a photo where the defect can be seen,
- your name,
- if possible, the order number or invoice number or other proof of purchase.
In case you wish to exercise the right of defective performance, you can, of course, use it directly by sending defective goods together with the completed complain form enclosed below or your written complaint about the claim of goods. To speed up the whole process, we recommend using the complaint form. Wrap the goods best in the original packaging or in a similar way so as to minimize the risk of damage to the goods during transport. Please send the goods with the attached complain form to:
616 00 Brno-Zabovresky
The Complaint Rules describe the rights and obligations of the parties under the purchase contract concluded between the customer (the "buyer") and BeMine s.r.o., with its registered office at Blatného 1846/23, 616 00 Brno-Žabovřesky (hereinafter referred to as the "seller").
The warranty period for which rights for defective performance can be exercised is 24 months. The time limit begins to run on the date of receipt of the goods by the buyer.
The buyer is obliged to file a claim without undue delay after the defect has been identified, if the buyer continues to use the goods even after the defect has been ascertained, the seller is not liable for the extent of damage to the goods.
If the claim is acknowledged to be justified, the period for claiming the goods does not include the period after which the buyer cannot use the goods, for example, at the time the goods are repaired.
If the replacement of the goods is the result of a complaint, the new warranty period does not start, but the beginning of the warranty is still the date of purchase of the goods by the buyer at its original purchase.
The seller is responsible to the buyer for the fact that the item has no defects when taken over. In particular, the seller is liable to the buyer that at the time the buyer took over the item:
· The case has properties that the parties have negotiated, and if the arrangement is lacking, it has properties that the seller has described or which the buyer expects with regard to the nature of the goods and the advertising made by the seller.
· The case is suitable for the purpose which the seller indicates or to which the thing of its kind is usually used for its use.
· The thing is in the appropriate quantity, degree or weight.
· Case complies with legal requirements.
Checking goods at takeover
The buyer is obliged to check the condition and completeness of the goods and the damage of the packages according to the transport document when taking goods from the carrier. We also recommend that you check without undue delay that the goods are complete and non-defective. Any inconsistencies should be noted in the delivery note of the carrier or the buyer may refuse to accept the consignment. If you receive such a shipment, please send this information to us with the accompanying photo documentation of the damage to the goods or packaging, to the following email address: email@example.com. These provisions do not conflict with the buyer's right to defective performance.
Ways of claiming
Buyer can claim the complaint by sending defective goods to:
616 00 Brno-Zabovresky
The mail sent to the address above for the purpose of the claim should preferably contain:
· Claimed Goods,
· Copy of proof of warranty proof (order or invoice or other plausible way),
· Information with a detailed description of the defect,
· Return address information, where to send the goods after the complaint has been processed,
· Information on the requested complaint handling method.
The simplest (recommended) way is to return the filled-in and printed complaint form containing all the information above with the goods claimed and a copy of the proof of guarantee document.
When can I not claim?
The buyer has no right to claim a defect he has previously claimed and has been granted a reasonable discount on the purchase price of the goods.
In the event of failure to exercise the rights of defective performance during the warranty period, seller's liability for defects in goods expires by the expiration of this warranty period.
Furthermore, the seller is not responsible for defects caused by:
· Purchaser, by improper use, storage, maintenance, intervention or mechanical damage to the goods,
· Wearing with the usual use, or if it results from the nature of the thing,
· Damage due to elements or force majeure (e.g. floods, etc.)
· Excessive loading or use contrary to general principles.
Settlement of claim
Seller is obliged to decide on the complaint of the goods immediately, in complex cases within 3 business days. This period does not include a reasonable time for any expert assessment of the alleged defect.
Seller is obliged to provide the buyer with a written confirmation, which will be sent without undue delay to the buyer's email address, and the contents of which will be:
· Date and place of claim,
· Description of the alleged defect,
· Requested way of handling a claim,
· How to inform the buyer about the settlement of the claim.
The seller will resolve the claim without undue delay, no later than 30 days from the date of the claim, unless the seller agrees with the buyer for a longer period. However, the seller can resolve the complaint within 14 days. If the last day of this period is based on the working day, the last day of this period is considered the closest working day (usually Monday). In the event that the claim is not settled within this period, this situation is considered to be a material breach of the contract and the buyer may withdraw from the sales contract and request a refund.
Buyer is obliged to inform the buyer about the settlement of the claim in writing (it will be sent to the buyer's email address) attached to the shipment as part of the subsequent dispatch of the claimed or new goods to the buyer. This acknowledgment includes:
· Date of complaint settlement,
· How to handle a complaint,
· If applicable, a confirmation of the repair, the duration of the repair, or the reason for the refusal of the claim.
If the claim is acknowledged to be justified, the buyer is entitled to the reimbursement of the expense incurred in connection with the claim of defective performance.
Buyer does not have the right to change the requested way of handling the complaint without the seller's consent. An exception is the situation when the seller is not able to make the required way at all or at the time.
The buyer has the right to refer to the Czech Trade Inspection Authority (www.coi.cz) as part of an out-of-court settlement of consumer disputes. However, we always encourage you to contact us first at firstname.lastname@example.org to help us resolve any discrepancy to your satisfaction.
These Claim Rules apply as of 15.10.2018.