Complaints Code
Complaints Code covers only faulty items (caused by delivery service or the Seller) or an incorrect delivery caused by the Seller.
The policy for withdrawal and return of the Goods/products purchased via e-shop within 14 days from purchase is described in Terms and Conditions – Chapter 5.
I. DEFINITION OF CERTAIN TERMS the purposes of this Complaints Code:
Seller:
Ing. Kateřina Kelterborn
Address: Tučkova 919/28, 602 00 BRNO, the Czech Republic
Reg. Number: 17645603
Webiste: e-shop of the Seller kelterborn-crafts.com can purchase Seller’s Goods/Products.
Customer: recipient of goods/products manufactured/supplied by the Seller, which he receives from the Seller for monetary payment. This complaints code applies exclusively to the consumer as defined by Section 419 of Act No. 89/2012 Coll., civil code, as amended, that is to say, any person who, outside the scope of his business activity or outside the framework of the independent exercise of his profession, contracts with or otherwise negotiates with the Seller.
Goods/Product: movable goods delivered by the Seller to Customers or manufactured and delivered by the Seller to Customers. For closer approximation the Seller states that Goods means movable goods sold by the third parties; the Product is understood movable goods that the Seller manufactures himself.
II. BASIC PROVISIONS
This complaints code applies to Goods/Products manufactured/supplied by the Seller, both purchased in the Seller’s website and at the registered place of the workshop. This complaint system is an integral part of the Seller’s General Terms and Conditions and every Customer is obliged to get acquainted with it before sending a binding order. This complaints code governs the procedure in which the Customer applies his rights from defective performance and in which such claims are solved by the Seller.
The Seller declares his readiness to meet requests of his Customers in the context of the complaint procedure, saying that all complaints are handled properly and in a timely manner.
The complaint procedure under this Complaints Code will be governed by Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection as amended, according to the content of this Complaints Code.
The Seller also warns Customers that, given the nature of the Goods/Products which the Seller manufactures/supplies, it is necessary to use and store them appropriately by following Usage and Storage Rules.
If Usage and Storage Rules haven´t been observed, the Customer loses the right to claim the right of defective performance related to a fault which came from violation of these rules.
III. OPENING COMPLAINTS PROCEDURE
The Seller attaches an invoice to each consignment delivered and the purchase, or the proof of payment, which serves as a delivery and warranty card.
The Seller notifies Customers that Goods/Products purchased from a seller different from the Seller must be claimed at the place of purchase, i.e. at that different seller, not at the Seller.
The complaint procedure will be initiated at the time when all the necessary formalities have been delivered to the Seller, i.e. a duly completed Complaint Form, a copy of the proof of payment of the Goods/Product (invoice, receipt) and according to the nature of the complaint and the circumstances of the case, as well as the delivery of the Goods/Product to the Seller’s address.
The complaint can be claimed as follows:
- The Customer sends the Seller a filled Complaints Form to email address info@kelterborn-crafts.com or contact us on Facebook.
- If possible, the Customer will enclose a photo of the defected product / incorrect delivery. It helps the Seller to resolve the case to Customer´s satisfaction.
- The Seller will contact the Customer within 3 working days (might be longer in case of holiday) and they agree on next steps.
If the Customer didn´t receive confirmation of the receipt of the complaint, he must contact the Seller and confirm the receipt of the complaint there. - The following steps will depend on the agreement. The Seller may:
a) ask the Customer to send the Goods/Product back to the Seller for repair
b) ask the Customer to send the Goods/Product back to the Seller and exchange it for a new one
c) agree with the Customer on partial refund of the price and the Customer keeps the Goods/Product
d) ask the Customer to send the Goods/Product back to the Seller and the Seller makes a full refund.
If the Customer is required to send the Goods/Product back to the Seller, he will do so without undue delay through the delivery service to the Seller´s address:
Katerina Kelterborn
Tuckova 919/28
602 00 BRNO
the Czech Republic
IV. QUALITY WHEN TAKING OVER AND CONTENT OF THE COMPLAINT
If the Goods/Product taken over has deficiencies (e.g. not complete, does not correspond to its quantity, does not fit the agreed purpose, etc.), then these are defects of the Goods/Product for which the Seller is responsible.
The Customer may, at the latest within one year of taking over the Goods/Product, be entitled to a free removal of the defect or a reasonable discount on the price; if the nature of the defect is not disproportionate (in particular if the defect cannot be removed without undue delay), the requirement to supply a new item without defects or a new component without defects may be applied, if the defect concerns only that component.
If repair or replacement of the Goods/Product is not possible, upon withdrawal from the contract, the Customer may request the full refund of the purchase price.
The Seller is not obliged to comply with the Customer’s claim if he proves that the Customer caused it by himself.
For the sold used Goods/Product, the Seller is not responsible for defects corresponding to the extent of the current use or wear or attrition. For Goods/Products sold at a lower price, the Seller is not responsible for the defect for which the lower price was agreed.
V. RIGHTS OF DEFECTIVE PERFORMANCE AND WARRANTY PERIOD AND CONTENT OF THE COMPLAINT
The rights of responsibility for defects caused by the Seller must be exercised by the Customer at the Seller’s warranty period, otherwise the rights of responsibility for defects in the goods and products sold will be canceled. The warranty period is 12 months after the receipt of the Goods/Product, unless the Goods/Product with a shorter or longer expiry time by the Seller. Then the warranty period is valid in length as it is mentioned regarding the individual product.
The Customer is obliged to make a complaint of the Goods/Product, which is in the warranty period, with the Seller without undue delay after the defect has been detected. If the Customer does not report the defect without undue delay after being able to identify it with sufficient care, the complaint may not be recognized by the Seller.
The customer will indicate in detail in the Complaint Form in the section “Description of the defect” what the discrepancy with the purchase contract is reflected, the date on which the defect was discovered and, if necessary, justifies why it did not detect it earlier if several days have passed since the receipt of the Goods/Product.
The right to defective performance, i.e. the choice of complaint solution, the Customer will indicate in the section “Suggested way to solve the defect” of the Complaint Sheet. The final decision how to solve the defect is made by the Seller. However, he will pay attention to the wishes of the Customer as well. The decision is made as follows:
- The preferred way of solving the issue by the Seller is repair of the goods. However, due to the unique nature of handmade goods, repair is not always possible.
- If the repair is not possible, the Seller will decide if he replaces the Goods/Product with an identical product, or refunds the price of the Goods/Product.
- If there is no way to repair the Goods/Product AND create an identical product, the Seller will reund the purchase price (this cancels the contract from the outset and the Customer will be refunded – however, the condition is that the Customer will deliver the claimed Goods/Product together with the completed Complaint Sheet and proof of purchase to the Seller’s address.)
- If the Customer wishes to keep the defected Goods/Product, they may agree with the Seller on a reasonable partial refund.
- If such a defect occurred repeatedly (the third complaint for the same defect or the fourth for a different defect, the Customer may exercise the right to a reasonable discount on the purchase price, exchange of Goods/Product or withdraw from the contract.
The out-of-court settlement of complaints is initiated on the basis of the Customer’s request via the electronic address info@kelterborn-crafts.com. The Seller shall send information on the handling of the complaint to the Customer’s email address. If the out-of-court dispute cannot be settled directly, it is possible to address the relevant Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2, ID No .: 000 20 869. The petition may be filed no later than right for the first time. The customer has the right to initiate an out-of-court online dispute resolution established by the European Commission via the ODR platform.
VI. EVALUATION AND SETTLEMENT OF THE COMPLAINT
The Seller will settle the complaint no later than 30 days from the date of the receipt of the complaint or from the receipt of the faulted Goods/Product. The Customer will be informed of the handling of the complaint by being given a confirmation of the settlement of the complaint, indicating the date and method of the complaint being processed, confirmed by the possible execution of the repair and the duration of the repair, or justified by the rejection of the complaint. Confirmation of the settlement of the complaint will be sent to the Customer by e-mail, if indicated by him, or sent by the postal service provider.
In the case of a legitimate complaint in which the delivery of the claimed Goods/Product of the Seller (unless the Goods/Product was delivered in person), The Customer is entitled to reimbursement of costs effectively incurred in applying this right (e.g. postage according to the tariff of Česká pošta, s.p.). However, the Customer must apply such compensation to the Seller within one month of the expiry of the period within which the defect must be reproached by submitting the proof of payment of the costs incurred by him. In this sense, the Seller prefers an agreement with the customer and, where appropriate, other alternative solutions. Reimbursement of costs will be sent to a bank account indicated by the Customer for these purposes.
The Customer acknowledges that shipments sent as the part of a complaint to the Seller’s address in cash on delivery will not be accepted by the Seller.
In the case of a refund (full or partial), it can take up to 30 days until the payment appears on the Customer´s account.
VII. THE SELLER´S RECOMMENDATION WHEN TAKING OVER GOODS/PRODUCTS FROM THE CARRIER
In the case where the Goods/Product is sent to the Customer through a carrier, which is Česká pošta, s.p. or the contractual carrier of the Seller, namely companies GEIS, GSL or PPL, it is recommended by the Seller to the Customer to check the condition of the shipment when receiving it. If mechanical damage to the package of the consignment is detected in this way, or visible damage to the contents of the consignment, the Seller recommends not to accept the shipment or complaint of this fact to the carrier as described below.
In the case that the Customer detects damage to the consignment when receiving it from the carrier, it is necessary to write down the record of the damage with him immediately or to open the consignment on the spot and check the contents. If he detects damage to the Goods/Products additionally, it is necessary to contact the Seller within 48 hours from the receipt of the shipment. The Seller then settles the complaint with the carrier and contacts the Customer about the method of handling the complaint. In this context, the Seller recommends the Customer to take the photodocumentation of the packaging, filling, or damaged Goods/Product and send it to the Seller, as well as the need to preserve all components of the consignment (packaging, filler, etc.) for the purpose of determining the cause of the damage.
In the case that the Customer detects the incompleteness of the consignment, the replacement of the Goods/Product or a discrepancy on the invoice or tax document during the receipt of the consignment from the carrier, the Customer has to contact the Seller immediately, or within 48 hours from the date of the receipt of the consignment from the carrier. When the receipt of the shipment is detected before the weekend or holiday, the Customer has to report this fact immediately on the following working day. At the same time, the Customer is obliged to keep the complete packaging of the consignment including the filling and the box.
This Complaints Code entered into validity on March 1, 2023.
