Complaints Procedure in a Nutshell:
Learn about the legal procedures in the Complaints Code of Practice (below this procedure), which lists the rights and obligations of both the Seller and the buyer.
1) If a defect occurs in the purchased goods, the customer has the right to complain about this defect. Please inform our customer support immediately by phone or e-mail. A defect is considered to be, for example, a change in the characteristics of the goods caused by the use of unsuitable or poor quality material, failure to comply with production technology or improper design. A change in the characteristics of the goods which has occurred during the warranty period as a result of wear and tear, improper use, inadequate or improper maintenance, natural changes in the materials from which the goods are made, any damage caused by the user or a third party or any other improper intervention cannot be considered a defect.
2). Clean the goods to be returned and make sure they are sanitary.
3) Pack the goods in such a way as to prevent further damage during transport. For this case, wrapping foil, paper, a plastic bag, or a larger box is best. It is best to include a complaint sheet, a copy of the invoice, or write your name and order number on a piece of paper. Do not send the package COD. Such a parcel will not be accepted. Send the goods to our office at:
Get Fashion s.r.o.,
U Tovaren 256/14
Prague 102 00
We recommend insuring the shipment for the amount equal to the price of the goods.
4) The warranty period for the goods is 24 months and it starts on the day of receipt of the goods. ATTENTION! The warranty period is NOT the lifetime period of the goods. Complaints about defects caused by improper use and inadequate wear and tear shall not be accepted.
5) Any complaint, including the removal of the defect, will be settled without undue delay, no later than 30 days from the date of its filing. In justified cases, the authorized employee may negotiate a longer period with the customer.
COMPLAINTS CODE OF PRACTICE
- The Complaints Code of Practice has been elaborated in accordance with Act No. 89/2012 Sb.., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Sb., on Consumer Protection, as amended, and it regulates the complaints procedure for goods purchased from the Seller, i.e. the online store www.donlemme.com, operated by Get Fashion s.r.o., Comp. Reg. No. (IČO): 05863198, with its registered office at Roztylská 1860/1, Prague, Postal Code 14800 (hereinafter referred to as the "Seller"). This Complaints Code of Practice is an integral part of the Seller's General Terms and Conditions.
- The Buyer is obliged to get acquainted with this Complaints Code of Practice and the Seller's General Terms and Conditions before ordering the goods. By concluding the purchase agreement and accepting the goods, the Buyer agrees to this Complaints Code of Procedures and the Seller's General Terms and Conditions.
- This Complaints Code of Practice does not apply to cases where the rights from liability for defects are claimed by a buyer who has concluded a purchase agreement with the Seller within the scope of his business activity (hereinafter referred to as "Entrepreneur"). The rights of an Entrepreneur from defective performance are governed by the relevant provisions of the Civil Code, in particular the provisions of Sections 2099 to 2112 of the Civil Code.
- Definition of Terms
- A buyer who is a consumer means any person (natural person) who, outside the scope of their business activity or outside the scope of the independent exercise of their licence, enters into an agreement or otherwise deals with an entrepreneur (hereinafter referred to as "Consumer").
- A buyer who is not a consumer means a legal person that does not act in relation to the Seller within the scope of its business activity.
- An entrepreneur means a natural or legal person that enters into an agreement with the Seller for the purpose of its business.
- For the purposes of this Complaints Code of Practice, the Buyer means a consumer within the meaning of Article 2.1 of the Complaints Code of Practice and other natural or legal person within the meaning of Article 2.2 of the Complaints Code of Practice (hereinafter referred to as the "Buyer").
- The Seller means the www.donlemme.com online store, operated by Get Fashion s.r.o., Comp. Reg. No. (IČO): 05863198, with ITS registered office at Roztylská 1860/1, Prague, Postal Code 14800.
- The Seller's liability for defects of the goods (statutory warranty)
- The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the item, the item has the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them, the item is fit for the purpose stated by the Seller for its use or for which an item of this kind is usually used, the item corresponds in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern, the item is in the appropriate quantity, extent or weight; and the item meets the requirements of the legislation.
The Buyer's Rights Arising From Defects of the Goods
- If the item does not have the aforementioned characteristics, the Buyer may also demand delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only demand replacement of the part; if this is not possible, the Buyer may withdraw from the agreement. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer shall be entitled to have the defect remedied free of charge.
- The Buyer is entitled to delivery of a new item or replacement of a part even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after the repair or due to a greater number of defects. In such a case, the Buyer also has the right to withdraw from the agreement.
- If the Buyer does not withdraw from the agreement or does not exercise the right to have a defect-free new item delivered, to have a part of the item replaced, or to have the item repaired, the Buyer may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver a new defect-free item, replace its part or repair the item, as well as if the Seller fails to remedy the defect within a reasonable period of time or if it would cause the Buyer considerable difficulties to remedy the defect.
- If a defect appears within six months of the receipt of the goods, the goods shall be deemed to have been defective already upon receipt.
- The right arising from defective performance does not belong to the Buyer if the Buyer knew before accepting the item that the item has a defect or if the defect was caused by the Buyer.
The Time Limit and Method of Exercising the Right Arising from Defective Performance
- The Buyer shall be entitled to claim the right arising from a defect occurring in the goods within 24 months of the receipt of the goods; this does not apply in the case of goods sold at a lower price - for the defect for which the lower price was agreed, for the wear and tear of the goods caused by their normal use, in the case of second-hand goods - for the defect corresponding to the degree of use or wear and tear that the goods already had at the time of their receipt by the Buyer, or if it follows from the nature of the goods. After the expiration of the time limit according to the previous sentence, the right arising from the defect of the goods cannot be claimed from the Seller.
- Before filing a complaint, the Buyer shall notify the Seller in writing of the intention to complain about the purchased goods by sending an e-mail to firstname.lastname@example.org.
- The Buyer shall send the properly packed goods complained about to the address of the Seller, i.e. Get Fashion s.r.o., U Továren 14, Prague, Postal Code 10200. The Buyer is required to enclose a proof of the payment (tax receipt) and a written statement of the reason for the complaint, including the chosen method of complaint settlement. The Buyer is not entitled to change the chosen method of complaint settlement without prior consent of the Seller.
- The goods complained about and sent by the Buyer on COD will not be accepted by the Seller and will be returned to the Buyer at the Buyer's expense.
- The Seller is obliged to settle the complaint, including the removal of the defect, without any undue delay, but no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The time period according to the previous sentence does not run if the Seller has not received all the documents necessary for the settlement of the complaint (parts of the goods, proof of the payment, etc.). The Seller is obliged to ask the Buyer to complete the documents as soon as possible.
- The Seller is obliged to issue to the Consumer a written confirmation of when the Consumer exercised the right, what is the subject of the complaint, and what method of settlement of the complaint the Consumer requires; and also a confirmation of the date and method of settlement of the complaint, including a confirmation of the completion of the repair and its duration, or a written justification of the rejection of the complaint. For a Buyer who is not a Consumer, the Seller shall confirm in writing the date of the complaint, as well as the completion of the repair and the duration of the repair.
- In the event that the complaint is accepted by the Seller as justified and the Buyer requests a refund of the purchase price as a method of settlement of the complaint, the Seller shall send the Buyer the paid purchase price back within five (5) working days from the date on which the Buyer was sent the confirmation of the method of settlement of the complaint. The Seller shall return the funds to the Buyer in the same manner in which the Seller received them, unless the Buyer specifies otherwise.
- If the complaint is not settled within the time limit according to Article 6.1 of the Complaints Code of Practice, the Buyer is entitled to a refund.