Complaints Procedure – ADDA Czech Republic
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Complaints Procedure

INTRODUCTORY PROVISIONS

  1. This document is published by Eden Gems . year o ., I Č O : 17982600, with registered office : Prague 9, 190 00 ( hereinafter referred to as the " Operator "), which is the operator and owner of the Internet store www.addagems.cz .

delivery address : Sudom řská 1707/19, Prague 3, 130 00, contact e - mail : shop @ addagems . Czech

  1. This document (hereinafter referred to as the "Complaints Rules") contains the conditions for claiming goods purchased by the Buyer from the Operator as a seller in the online store www. addagems . cz , warranty conditions relating to the goods in question and possibly other conditions.

GUARANTEE

  1. The operator provides the Buyer with a guarantee for the quality of the goods for a period of 24 months. As a quality guarantee, the Operator, as the seller, undertakes that the item (goods) will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time.
  2. The warranty begins on the day the Buyer takes over the goods. The buyer is obliged to inspect the goods immediately after receiving them. The buyer is obliged to familiarize himself with the warranty conditions before using the goods for the first time.
  3. The product warranty does not cover: uneven immersion and casting of minerals in the resin in the bed. Some jewelry has stones set smoothly and others have raised stones. It does not apply to the natural aging process of jewelry covered with resin, a yellow tinge may occur, which the resin acquires over time due to UV radiation.

In neither case is it a defect and is not covered by the warranty.

The warranty also does not cover mechanical damage to the goods (e.g. deformation, breakage, cracking (e.g. ring), tearing (e.g. chain), scratches, etc.), oxidation, use of the goods in inappropriate or unsuitable conditions, for defects caused by unprofessional handling (e.g. damage to the goods by chemical substances, unsuitable cleaning agents, loss of gilding, etc.), incorrect handling and incorrect use of the goods, neglect of the care of the goods, improper treatment of the goods, non-compliance with the instructions for the care and treatment of the goods according to Article IV of these Complaints Regulations and for the loss of part of the jewelry. The right to a free warranty repair also expires in the event of unprofessional intervention in the product during the warranty period by a person other than the Operator or a person other than the Operator authorized; At the same time, the operator reserves the right not to refund the purchase price for such goods to the Buyer, not to provide a price discount or to exchange such goods for other goods.

Each mineral is different, it can have a different shade and different dimensions. The photos on www.addagems.cz are illustrative only. It is not our intention to have every piece of jewelry the same, on the contrary, differences are welcome.

  1. The buyer is not entitled to exercise rights from product defects that occur during the warranty period as a result of wear and tear of the item caused by its usual use.
  2. What rights do you have from defective performance?

5.1. Your rights from defective performance are governed by the Civil Code, especially § 2099 to 2117, as well as § 2165 to 2174. In accordance with the above provisions, you have the following rights in particular:

a) Supplementing what is missing

If we deliver the goods to you in a smaller quantity than was agreed, or if we deliver incomplete goods to you, you have the right to have what is missing replaced.

b) Discount from the purchase price

If there was a defect in the goods when you received them or if the defect occurred during the warranty period, you can always request a reasonable discount from the purchase price.

c) Exchange of goods or defective parts of goods

You can always demand the exchange of goods or a defective part of the goods, if this is not disproportionate to the nature of the defect (i.e. especially in the case where immediate repair of the item is not possible) and if it is not only an insignificant breach of contract.

You do not have the right to exchange goods if only a part (component) of the goods is defective. If during the complaint procedure we come to the conclusion that only a part of the goods is defective, we will exchange this part for you.

You cannot request an exchange for goods sold at a lower price. Instead, you can claim a discount on the purchase price.

d) Repair of the item

If the goods can be repaired, you have the right to have the defect removed free of charge . If during the complaint procedure it turns out that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.

e) Refunds (withdrawal from the contract)

You can request a refund only if :

  • the delivery of a defective or incomplete item by us constitutes a material breach of contract; or
  • we are unable to remove a defect for which you cannot use the goods properly, or we are unable to replace the goods with this defect (e.g. the goods are no longer manufactured); or
  • you cannot use the goods properly due to the repeated occurrence of the defect after repair (occurrence of the same defect after at least two previous repairs); or
  • a greater number of defects occur on the goods (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the goods); or
  • we do not meet the deadline for handling the complaint/we do not seek redress within 30 days from the application of the complaint.

5.3. The condition for exchange of goods or refund (withdrawal from the contract) is that you return the item in the condition in which you received it . Exceptions are cases where:

  1. a) there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the item; or
  2. b) you used the item before the defect was discovered; or
  3. c) you did not cause the impossibility of returning the item in an unchanged state by your actions or omissions; or
  4. d) you sold, modified or consumed the item before the defect was discovered; or
  5. e) you have had the item modified according to your individual requirements (size adjustment, jewelry with engraving, replacement of earring clasps, etc.).

5.4. When can rights from defective performance not be exercised?

5.4.1. You do not have rights from defective performance if:

  • you knew about the defect before taking over the item; or
  • you caused the defect yourself; or
  • the warranty period has expired.

5.4.2. The warranty and claims from liability for defects do not apply to:

  • wear and tear of goods caused by their normal use;
  • defects in the used item corresponding to the level of use or wear and tear the item had at the time you received it;
  • items sold at a lower price - only in relation to the defect for which the lower price was negotiated.

 

COMPLAINT

  1. The buyer has the right to claim product defects from the Operator only in case of cumulative fulfillment of these conditions : the goods were purchased from the Operator , have defects for which the Operator is responsible gives ( e.g. defects of the used material , defects caused by production , functional defects ), and applies to it in the sense of Art . II of the Complaints Order ( i.e. the buyer complained about the defects of the goods in time during the relevant warranty period , while the exclusions do not apply from the point of view of Art . II and Para . 4 of this Order .
  2. The buyer is obliged to notify the operator of defects in the delivered goods and to exercise his rights from the seller 's liability for defects by e - mail to shop @ addagems . cz - through the completed form , without undue delay after the Buyer discovered or could have discovered the defect during the mandatory inspection of the goods. In the complaint, the buyer shall state the number of the Order , a brief description of the defect in the goods and the circumstances under which the defect appears and the requested method of handling the complaint . The buyer is obliged to accurately and truthfully describe all points according to the previous sentence in his complaint . The Operator shall register a duly applied complaint in its complaint register .
  3. The operator decides on the complaint immediately , in complex cases within 7 working days ; in justified cases , especially if a complex technical evaluation of the condition of the product ( goods) is required, the Operator will decide no later than 30 days from application of complaints . After the expiration of this period, the Buyer has the right to withdraw from the contract (as a result of which the relevant purchase price for the goods will be returned to him) or he has the right to exchange the product (goods) for a new product (goods).
  4. If the goods need to be repaired or replaced, the Buyer is obliged to send the goods exclusively to the Adda Prague branch. The operator recommends the Buyer to insure any shipment for the purposes of a claim. the goods must be well packed with all the details so that there is no possible damage to the given goods. In the event that the Buyer does not proceed with the application of the claim in accordance with the Operator's instructions, as a result of which it is impossible for the Operator to properly process the claim, the Operator is not responsible for subsequently incurred damages and/or additional costs of the Buyer associated with the defect claim. In such a case, the operator is also not responsible for not handling the Buyer's complaint properly and on time.
  5. When exchanging defective goods for new goods, the Buyer is obliged to first return the originally delivered goods to the Operator. The Operator is not obliged to deliver new, flawless goods to the Buyer before the originally delivered defective goods have been delivered to the Operator.
  6. All repairs carried out as a result of a proper and justified complaint of product defects are free of charge during the warranty period. In other cases, the Buyer will be obliged to reimburse the Operator for the costs associated with the repair of the goods (hereinafter also referred to as "charged repair"). In such a case, the Operator will notify the Buyer in advance of the cost estimate for performing a chargeable repair. The Operator does not reimburse the Buyer for the costs associated with the delivery of the goods to the Operator for the purpose of carrying out its paid repair, nor the costs of delivering the Jewelery to the Buyer after carrying out its paid repair, and these are borne in full by the Buyer himself. The Buyer will be able to pay for the repair of goods for a fee (including payment for transport) in advance (by non-cash transfer to the Operator's account based on the Operator's payment instructions) or in person at the Operator's premises. In the case of selected payment in advance, the Operator is not obliged to start the performance of the paid repair before the Operator receives the relevant payment for the performance of the paid repair; in the case of the chosen payment "in person at the Operator's premises", the Operator is not obliged to hand over the repaired goods to the Buyer before the Buyer pays him the relevant payment for carrying out the chargeable repair.
  7. The operator is obliged to handle the complaint in accordance with the law and, depending on the circumstances, to end the complaint procedure in one of the following ways: by handing over the repaired goods to the Buyer; by exchanging goods; by returning the purchase price of the goods; by paying a reasonable discount on the price of the goods; justified rejection of a claim for goods (e.g. due to a delayed claim, the expiration of the warranty period, or the occurrence of an Exclusion from the warranty, or the expiration of the warranty, etc.).
  8. The Buyer will be informed about the outcome of the complaint by e-mail immediately after the end of the complaint procedure.
  9. Complaints regarding transport: If the Buyer discovers upon receiving the goods that the packaging in which the goods are delivered is not in order, the Buyer is obliged to immediately make a record of the damage directly with the transporter. Otherwise, the Buyer confirms that the package of the shipment is undamaged by signing the appropriate document on the acceptance of the goods from the carrier (without communicating any reservations regarding damage to the packaging). All shipments are insured, so the carrier is responsible for damage to the goods. Later claims of mechanical damage to goods caused during transport cannot be accepted.

OUT OF JUDICIAL RESOLUTION OF CONSUMER DISPUTES

  1. If the Buyer is not satisfied with the way in which the Operator, as a seller, handled his complaint or if he believes that the Operator violated his rights, the Buyer has the option to contact the Operator (by e-mail to the e-mail address: shop@addagems.cz) with a request for correction.
  2. If the Operator does not comply with the request for rectification, or does not respond to it even within 30 days from the sending of such a request, the Buyer has the right to submit a proposal for the initiation of an out-of-court settlement of a consumer dispute in accordance with § 20 of Act No. 634/1992 Coll., on consumer protection, as amended. This does not affect the Buyer's ability to go to court.
  3. The operator hereby, in accordance with the provisions of § 14 Act no. 634/1992 Coll., on consumer protection, as amended, informs the Buyer that the subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague.

FINAL PROVISIONS

  1. These Complaints Regulations apply to the Buyer in the wording that appears on the store's web interface on the day the Order is sent in accordance with the Terms and Conditions.
  2. The Operator has the right to change these Complaints Rules at any time, however, a change to the Complaints Rules cannot retroactively negatively affect the Buyer.
  3. The relations between the Operator and the Buyer not specified in these Complaints Regulations, regarding warranty, liability for defects or complaints, are governed by the legal system of the Czech Republic.
  4. If any provision of these Complaints Rules becomes invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of these Complaints Rules. The Operator and the Buyer undertake to replace the invalid or unenforceable provision with a new provision, the wording of which will correspond to the intention expressed by the original provision and this Complaints Regulation as a whole.

Complaint form