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Complaints Procedure

 

MoniLu s.r.o.
based in Do Zámostí 920/100, Černice, 326 00 Plzeň
ID number: 05866880
Tax ID number: CZ05866880
registered in the Commercial Register kept by the Regional Court in Pilsen, Section C, File 34199
for the sale of goods through the on-line shop located at www.monilu.eu (hereinafter referred to as the "Seller")

1.    QUALITY GUARANTEE

1.1.       The Seller is liable to the Customer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Customer at the time the Customer has received the goods:

1.1.1.     the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the Seller or expected by the Customer with regard to the nature of the goods and the advertising carried out,

1.1.2.     the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,

1.1.3.     the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

1.1.4.     the goods are of an appropriate quantity, measure or weight, and

1.1.5     the goods comply with legal requirements.

1.2.       The Customer is obliged to check the goods, their completeness and the integrity of the packaging upon personal receipt from the Seller.

1.3.       Upon acceptance from the carrier, the customer is obliged to duly check the condition of the goods taken over, its completeness and undamaged packaging.

2.       METHOD OF COMPLAINTS APPLICATION

2.1.       The Customer's rights from defective performance (hereinafter referred to as the “Complaint”) must be exercised in accordance with these Complaints Procedure.

2.2.       The Customer shall file the claim without undue delay after the defect is discovered. The Seller is not responsible for increasing the extent of damage if the Customer uses the goods, although he knows about the defect. The Customer informs the Seller in advance of the claim by telephone or e-mail.

2.3.       The Customer has the right to file a claim with the Seller at MoniLu s.r.o., Jitka Hudecová, Beroun, Plzeňská 122/20, 26601, Czech Republic.

2.4.       It is advisable for the Customer to document the date of purchase of the goods, in particular by submitting the relevant tax document - invoice, or other document proving the purchase of the goods, and attach a description of the defect and propose a method of handling the complaint.

2.5.       The customer has no right to file a claim for a defect that has been alleged in the past if there has been granted a reasonable discount on the purchase price of the goods.

3.       DEADLINES FOR COMPLAINTS APPLICATION AND SETTLEMENT

3.1.       The period for claiming begins on the day of receipt of the goods by the Customer.

3.2.       The warranty period for new consumer goods is 24 months, unless otherwise specified on the Seller's web interface, invoice or other document accompanying the goods.

3.3.       The moment of claiming is the moment when the Seller was notified of the occurrence of the defect and the right from liability for defects was exercised.

3.4.        If the Customer's claim is justified, the period for complaint shall not run for the period during which the goods are under repair and the Customer cannot use it.

3.5.       The seller is obliged to decide on the complaint immediately, in more complicated cases within 3 working days. This period does not include the time required for expert assessment of the defect. The Seller is obliged to issue a written confirmation to the Customer stating the date of claim, the characteristics of the defect complained of, the required method of handling the complaint and the manner in which the Customer will be informed of its settlement. The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Customer agree on a longer period. The Customer is not entitled to change the method of settlement of the complaint once selected without the Seller's consent, except when the method of settlement chosen by the Seller is not possible on time or at all.

3.6.       If the Customer chooses a right that cannot be granted for objective reasons, the Seller will contact him immediately and the Customer is entitled to choose another right in accordance with these Complaints Procedure.

3.7.       If the complaint is considered justified, the Customer is entitled to reimbursement of reasonably incurred costs associated with the claim.

3.8.       If the complaint is settled by the exchange of goods, the new deadline for exercising rights from defective performance does not run, but the deadline for the claimed goods continues.

4.       EXEMPTIONS FROM LIABILITY FOR DEFECTS

4.1.       The seller is not liable for defects in following cases:

4.1.1.     If there is a defect on the goods at the time of takeover and for such a defect is agreed discount on the purchase price.

4.1.2.     The defect is caused by the Customer and was caused by improper use, storage, improper maintenance, customer intervention or mechanical damage to the goods.

4.1.3.     The defect in the goods is caused by wear and tear caused by normal use or if it is due to the nature of the matter.

4.1.4.     If the goods are used and the defect corresponds to the extent of use or wear that the goods had at the time of receipt of the goods by the buyer.

4.1.5.     The defect was caused by improper installation, handling, operation, or neglect of the care of goods.

4.1.6.     The defect was caused by unqualified intervention or change of parameters.

4.1.7.     The defect was caused by the use of goods in conditions that do not correspond to their temperature, dust, chemical and mechanical influences of the environment, which is determined by the Seller.

4.1.8.     Defects caused by damage due to force majeure.

4.2.       The difference in the color of the goods in reality and on the web interface of the shop cannot be considered a defect of the goods. Furthermore, the defect of the goods is not considered to be a deviation of about 1cm from the stated dimensions of the product, as stated in the section: "Size".  If the Customer is not satisfied with the delivered goods, he has the right to withdraw from the Contract within 14 days of receipt of the goods in accordance with Article 5 of the Terms and Conditions.

4.3.       In the case of ordering goods in the section "Custom-made", minor deviations from the order, such as exact pattern modeling, are not considered as defects.

4.4.       In the case of ordering goods from the material supplied by the Customer, the Seller shall not be liable for possible defects in the material which is unsuitable and the Customer nevertheless expressly insisted on its use.

These Complaints Procedure rules are valid in the above provided wording with effect from 1.2.2020.

Česky Grafický návrh vytvořil a na Shoptet implementoval Tomáš Hlad & techka s.r.o.