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COMPLAINTS PROCEDURE

COMPLAINTS PROCEDURE

ADORE s.r.o.

 

1. INTRODUCTION
   1. The Complaints Procedure is an integral part of the General Terms and Conditions of the Seller, ADORE s.r.o., with registered office at Nedokončená 363, 102 00 Prague 10, ID No.: 26305453, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 105063 (hereinafter referred to as "ADORE" or "company ADORE"). This Complaints Procedure describes the procedure for handling complaints about goods purchased from ADORE (hereinafter referred to as the "Complaints Procedure").
   2. The Customer is obliged to familiarize himself with the Complaints Procedure and the General Terms and Conditions of ADORE (hereinafter referred to as "GTC") before ordering the Goods. At the same time, the Customer acknowledges that he/she is obliged to provide ADORE with the necessary cooperation required for the settlement of the complaint, otherwise the time limits shall be extended adequately by the time in which the Buyer has not provided the required cooperation.
   3. By entering into the Contract, the Customer agrees to this Complaints Procedure. The definitions of terms contained in this Complaints Procedure take precedence over the definitions in the GTC. If this Complaints Procedure does not define a term, it shall be understood in the sense in which it is defined in the GTC. If it is not defined therein, it shall be construed in the sense in which it is used by law.

2. DELIVERY OF THE ORDER
   1. The Customer is obliged to inspect the Goods delivered under the Contract immediately upon receipt and to ascertain their characteristics and quantity. Claims for Goods that have been tampered with or modified by a person other than ADORE cannot be accepted. The Customer shall inspect the Goods received, regardless of the place of delivery, before any handling or alteration. Claims for damaged shipments can only be accepted if the damage is described on the relevant delivery note of the shipping company or is expressly acknowledged by the shipping company.
   2. In the event of delivery of an incomplete Order, ADORE shall deliver the missing Goods by the same method of transportation as agreed in the original Order, but shall not be liable for the costs associated with express transportation. Complaints about delays in shipping an Order from Adore's warehouse will only be accepted if the shipment has been delayed by more than two (2) working days than was stipulated at the time of Order approval, provided that in the case of custom orders, the individual time limit for shipment is usually set at the stage of approval of the graphic preview. ADORE shall have the right to unilaterally extend the time for shipment during periods of capacity utilization. ADORE will communicate this fact to the Customer's authorised e-mail address.

 

 

3. DEADLINES FOR COMPLAINTS AND COMPLAINT ASSESSMENT
   1. The Customer is obliged to check the cartonage and inspect the Goods upon receipt of the Goods. The Customer shall claim incorrect quantities and substitutions of the Goods delivered immediately, but not later than 48 (forty-eight) hours after receipt of the Goods.
   2. In case of obvious defects, the Customer may exercise the rights from defective performance within 1 (one) month from the date of acceptance of the Goods, in case of hidden defects, within 6 (six) months. This period shall be suspended in the case of a legitimate claim for the period of repair or replacement of the claimed Goods. In the case of replacement of Goods after a claim, the period for exercising rights arising from defects in the Goods shall start again from the date on which the Customer is obliged to take delivery of the replaced Goods. After the expiration of the defect period, it is no longer possible to claim the Goods, claim the warranty or otherwise argue that the Goods are not defective.
   3. Complaints are only accepted if they are made exclusively by e-mail info@adorepen.cz. Complaints made by telephone or in person cannot be accepted without email confirmation.
   4. Complaints must be made on the complaint form. The form is available at https://www.adorepen.cz/. Each claim must contain a clear and comprehensible description of the defect claimed, including the submission of evidence that confirms the existence of the defect. Evidence means photographs or video footage of the damaged Goods or sampling of the Goods. The Customer is obliged to indicate any damage to the cartons in the relevant report on receipt of the Goods from the transport service. In the event of an express request by ADORE, the Customer is obliged to make the entire Order claimed available for collection. Failure to comply with these obligations shall mean that the claim is not accepted.
   5. In order to properly assess a claim, it is necessary that the Goods claimed are clean, complete and delivered to ADORE in accordance with the GTC and in accordance with general hygiene principles. When using the Goods, the Customer shall observe the generally known rules for the use of the Goods, in accordance with their natural life.
   6. When selling the Goods to Customers, ADORE is responsible for the Goods being free from defects on receipt (so-called quality on receipt). In particular, ADORE shall be liable to the Customer for the fact that at the time the Customer takes delivery of the Goods: (i) it has the characteristics agreed between the parties under the GTC and, in the absence of an agreement, such characteristics as may be expected in view of the nature of the Goods; (ii) it is fit for the purpose for which the Goods are normally used; (iii) under the GTC it conforms in quality or workmanship to the sample or sample previously agreed with the Customer; (iv) under the GTC it is in the appropriate quantity, measure or weight; and (v) it complies with the requirements of law. Damage to the packaging of the Goods is not a claimable defect, and the appropriate packaging method is the sole responsibility of ADORE. Given the nature of the GTC Contract, direct interaction with end customers, consumers, both in terms of potential litigation and collection of the Goods, is not the responsibility of ADORE.
   7. The Customer shall be liable for any diminution in the value of the Goods resulting from handling the Goods in a manner other than that which is appropriate with respect to their nature and characteristics and under the conditions set out in the GTC. ADORE's liability does not extend to: (i) a defect in the Goods caused by the Customer; (ii) where the Customer knew of the defect in the Goods prior to receipt of the Goods; (iii) a claim by the Customer which is contrary to the nature of the Goods; (iv) a defect for which a discount has been given on the price of the Goods; (v) wear and tear of the Goods caused by normal use or misuse or overuse of the Goods or after the expiry of the useful life of the Goods; (vi) a defect caused by tampering by an unauthorised person with the Goods or any part thereof; (vii) a defect in the Goods caused by an external event beyond ADORE's control. ADORE shall not be liable for any defects in printing as specified by the Customer, and ADORE shall not be liable for any agreed graphic design or proof approved by the Customer. ADORE is not responsible for errors specified by the Customer if they have agreed to them in the graphic proof.
   8. If the Customer complains about defects in the Goods, ADORE shall duly examine the complaint and decide on it without undue delay, usually within 1 (one) week of receipt of the complaint, in complex cases within 1 (one) month of the complaint. This time limit for deciding on the complaint does not include the time appropriate to the type of product or service required for a professional assessment of the defect. ADORE will notify the Customer of the decision on the claim by email to the Customer, which will include a confirmation of when the Customer made the claim, what the content of the claim is and the method of handling the claim requested by the Customer.
   9. As a rule, the complaint, including the removal of the defect, will be settled without undue delay, at the latest within 1 (one) month of the decision to accept the complaint, unless it is a complaint of Custom Goods, where a longer time limit may be set or if otherwise agreed, especially if a professional assessment is required. When a claim is made, the competent person of ADORE is obliged to issue a written confirmation to the Customer.
4. RIGHTS FROM DEFECTIVE PERFORMANCE
   1. In the event of a defect in the Goods, the Customer shall have the right to demand delivery of a new item without defects, unless the defect cannot be removed or unless it is unreasonable due to the nature of the defect. If the Goods to be replaced are not in stock, the Customer shall be entitled to appropriate commercial compensation. If the defect concerns only a part of the Goods, the Customer may only request the replacement of the relevant part. In the event that it is not possible to deliver a new item without defects or the defective part cannot be replaced, the Customer shall be entitled to withdraw from the Contract and demand a refund of the purchase price and the return of the Goods in question. If the exercise of the above rights of the Customer is disproportionate to the nature of the defect (in particular if the defect can be removed), the Customer shall be entitled to have the defect removed free of charge.
   2. The Customer has the right to have a new item delivered or to have a part of the item replaced even in the case of a removable defect, if the Customer cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In such a case, the Customer shall also have the right to withdraw from the Contract and to demand a refund of the purchase price and the return of the Goods in question.
   3. If the Customer does not withdraw from the Contract or does not exercise the right to delivery of a new item without defects, to replacement of a part of the item or to repair of the item, the Customer may demand a reasonable discount on the purchase price. The Customer is also entitled to a reasonable discount on the purchase price if ADORE is unable to supply a new item without defects, replace a part of the item or repair the item, or if ADORE fails to remedy the defect within a reasonable time or if it would cause the Customer significant difficulties to remedy the defect.
   4. If the Goods have a defect for which ADORE is liable, and if the Goods are sold at a lower price or are second-hand, the Customer is entitled to a reasonable discount instead of the right to exchange the Goods.
   5. The customer is not entitled to change the requested method of complaint handling without ADORE's consent. The Customer is obliged to take delivery of the claimed Goods within 1 (one) month from the date on which the claim should have been settled at the latest, unless otherwise agreed. In the event that the Customer fails to provide such cooperation to ADORE, ADORE shall be entitled to reimburse the usual storage charges or to sell the Goods at the Customer's expense; prior to this, ADORE shall inform the Customer in advance and give the Customer a reasonable additional period of time to remedy the situation.
5. LIMITATION OF LIABILITY ADORE
   1. In the event of a return of Goods whose claim has not been confirmed as legitimate by ADORE, the Customer will be charged for the cost of transport (both there and back) and a handling fee equivalent to the cost of preparing and assessing the claim. The fee will be invoiced to the Customer for payment.
   2. Making a claim does not in itself entitle the Customer to defer payment for the Goods unless otherwise agreed with ADORE. However, as a general rule, the Customer will first pay the full invoice for the Goods and, on an approved claim, ADORE will issue a credit note in the amount corresponding to the approved claim for the Goods.
   3. Claims for defects are always limited to the amount corresponding to the price of the Goods on which they are made. ADORE shall not be liable for any commercial, consequential or indirect damages or losses suffered by the Customer or third parties as a result of a defective Order.

6.Final provisions

1. This Complaints Procedure is valid from 2.4.2024 and cancels the validity of previous Complaints Procedures. This Complaints Procedure is published on https://www.adorepen.cz/.