Complaints Procedure of Hemnia s.r.o., with registered office at Na Folimance 2155/15, Vinohrady, Prague 2, 120 00, Czech Republic, ID No.: 093 06 269, registered in the Commercial Register kept at the Municipal Court in Prague under the Commercial Register No. C 334153 (hereinafter referred to as "Seller") for the sale of goods and services through the on-line shop located at the Internet address www.hemnia.com by natural persons - consumers (hereinafter referred to as "Buyer") (hereinafter referred to as "Complaints Procedure")
I. General provisions
- Complaints Procedure. This Complaints Procedure is an integral part of the Seller's General Terms and Conditions for Consumers (hereinafter referred to as the "SOP") and describes the procedure to be followed when making a complaint about goods or services purchased from the Seller.
- Buyer's obligation to become familiar with. The Buyer is obliged to become familiar with the Complaints Procedure and the SOP before ordering goods or services.
- Buyer's Consent. By entering into the Contract and accepting the goods or services from the Seller, the Buyer agrees to these Complaints Procedure.
- Definition. The definitions of terms contained in this Complaint Procedure take precedence over the definitions in the SOP. If this Complaint Procedure does not define a term, it shall be construed in the sense in which it is defined in the SOP. If it is not defined therein, it shall be construed in the sense in which it is used in the applicable and effective generally binding legislation.
- Applicable regulations. The handling of complaints is subject to the provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, both as amended.
II. Conditions for making a complaint
- The Buyer is entitled to make a claim as follows:
a. In person at any of the Seller's premises during the opening hours of the relevant premises.
b. By writing to the Seller's business address: Hemnia s.r.o., Zahradnická 71, Příbram III, 261 01, Czech Republic.
- Contact for complaint purposes. The Seller may also be contacted for the purposes of a complaint by telephone at +420 774 420 732 or by email at email@example.com.
- Handing over of the complaint by the Buyer. The Buyer shall hand over / send the claimed item to the Seller including all its components and a duly completed claim report, a sample of which can be downloaded here. The Buyer shall attach an invoice to the complaint report or otherwise prove in a credible manner that he/she purchased the goods from the Seller. In the event that the Buyer does not attach the claim report or does not fill it out properly, the Seller is entitled to reject the claim without further delay.
- Completeness on handover. The Buyer is obliged to hand over the goods complete for the claim procedure. In the event that the Buyer fails to deliver the goods complete and their completeness is necessary to establish the existence of the claimed defect and/or to remedy it, the time limit for settlement of the claim shall not begin until the delivery of the missing parts.
- Hygiene at handover. The Buyer is obliged to hand over the Goods clean in accordance with the hygiene regulations and general hygiene principles when making a claim.The Seller is entitled to reject a claim for Goods if the Goods are not handed over in accordance with the hygiene regulations and general hygiene principles.
- Shipment by shipping service. In the event that the Buyer will send the Goods to the Seller or the Service Centre by transport service, the Buyer is obliged to pack the claimed Goods in suitable and sufficiently protective packaging material meeting the requirements of transport so as not to damage them during transport. In the case of fragile goods, the consignment must be marked with the appropriate symbols.The buyer is entitled to reimbursement of the costs reasonably incurred in making the claim.
- Cooperation of the Buyer. The Buyer is obliged to provide the Seller with all the necessary cooperation to verify the existence of the claimed defect and to remove it (including testing or disassembly of the product).
- The defect must be notified to the Seller immediately after it has been discovered. Failure to do so may result in the claim being rejected.
- Normal wear and tear. Normal wear and tear shall not be deemed to be a defect in the goods.
- Defect caused by the Buyer. The Buyer shall not be entitled to the right of defective performance if the Buyer caused the defect.
- Sale of used and defective goods. In the case of a thing that has already been sold as used, no claim may be made for defects corresponding to the degree of use or wear and tear that the thing had when taken over by the Buyer.In the case of things that are sold at a lower price because (although new) they already had a defect when sold, no claim may be made for those defects for which the purchase price was reduced.The Seller is obliged to notify the Buyer in the case of such a thing that the thing has a defect and what the defect is, unless this is already obvious from the nature of the sale.
- Dates and information on the subject of the complaint. The Seller shall not be liable for the Buyer's data and information stored on hard drives, memory or other information carriers that are part of the goods accepted for claim, nor for any loss of such data and information.
- Repair of the product by an authorized service provider. The right to have the product repaired may also be exercised at the relevant authorised service centre. The Buyer may deliver the goods in person or by shipping service. A list of authorized service centers is included in the warranty card or provided by the Seller to the Buyer upon request.
- Acknowledgement of receipt of claim. The Seller shall acknowledge receipt of the claim to the Buyer.
III. Warranty period
- Time limits for claiming. The Buyer is entitled to exercise the right of defects within the period specified by the municipal law, unless a longer period is agreed with the Seller.
- Liability for defects and quality guarantee. Liability for defects and the guarantee for quality are further regulated for the consumer in Article VII of the SOP, which the Buyer can get acquainted with here.
IV. Handling of Claims
- Time limit for handling. The Seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within 3 (in words: three) working days. The Seller shall settle the claim within 30 (in words: thirty) days from the date of the claim, unless a longer period is agreed with the Buyer.
- Methods of complaint settlement. A complaint may be settled in the following ways:
- If the defect can be removed without undue delay, the Buyer has the right to have the defect removed free of charge;
- The Buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a part of the item, the Buyer may only demand the replacement of the part, while the Buyer shall also have the right to delivery of a new item or replacement of the part in the case of a removable defect if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects.
- The Buyer has the right to withdraw from the contract and demand a refund of the purchase price in the event that the defect of the goods could not be removed by repair or replacement, the Seller does not remove the defect within the statutory period or if the thing cannot be properly used due to the recurrence of the defect after repair or due to a greater number of defects;
- The Buyer shall have the right to demand a reasonable discount if he does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, if the Seller cannot deliver a new item without defects, replace a part of the item or repair the item, or if the Seller fails to remedy the defect within a reasonable time, unless remedying the defect would cause the Buyer considerable difficulty.
- Confirmation of the settlement of the complaint. Upon completion of the complaint procedure, the Seller shall confirm to the Buyer in a copy of the Complaint Report the date and manner of settlement of the complaint, or confirm the repair and the duration of the repair. In the event that the claim has been judged by the Seller to be unjustified, the Buyer shall be entitled to be issued with a written justification for the rejection of the claim.
This Complaints Procedure shall come into force and effect on 27 August 2021.
Changes to the Complaints Procedure are subject to change.
Sample complaint report here