I. General terms
This documents details the procedure to be used in case of a complaint related to a defect found in the supplied goods. The definition of a relevant defect, as well as the list of legal rights available to consumers in relation do defective goods, are to be found in the General Terms and Conditions of our company.
This document is an indivisible part of the General Terms and Conditions. By agreeing to the GTC, the Buyer agrees that they have read and agree with these rules of procedure.
These rules of procedure become valid on 5.5.2020.
II. Responsibility of the Company-Seller
The Seller warrants that at the moment of receipt of goods by the Buyer, the goods
- have the characteristics defined by the Seller,
- are in the contractually agreed quantity, size and weight
- are fit for purpose defined by the Seller or the usual purpose of goods of this type,
- are conforming to the legal rules applicable to these goods.
III. Documents necessary for processing the complaint
After sending in the order via the order form on the Seller's website, the Buyer will receive an invoice. This invoice is the main document the Buyer will need to show for his complaint to be processed.
A certificate of jewellery authenticity is attached to every sold product. A copy of this certificate can but does not need to be shown to the Seller in the course of the complaint procedure.
IV. Beginning the complaint procedure
Such defect of the goods or its packaging which is manifest at the moment of delivery must be brought to the attention of the courier/delivery man and any defects must be registered into a delivery protocol. The Buyer is under no obligation to accept such goods from the courier, and must in any case inform the Seller about the situation without undue delay. On the day of receiving the goods, the Buyer shall check that they are in order.
In case of personal collection of the goods by the Buyer, the risk is transferred to the Buyer on the moment of collection. The Buyer shall check that the goods are in order upon collection. If they later wanted to complain about a defect which would have been evident during this check, the burden of proof will be on them to show that the defect was already present in the goods at the moment of collection.
In practice this means that if it happened, e.g. that the jewellery is made from different materials than agreed, the Buyer will have no difficulty whatsoever to prove that this was always the case. On the other hand, if the complaint concerned a scratch on the jewellery, proof may be difficult: a question arises whether the defect occured during the manufacturing process or while wearing the jewellery. To avoid these doubts, it is crucial that the Buyer thoroughly inspects the goods before wearing them, and that they announce any discovered defects without delay.
The complaint procedure can be originated personally at the Seller's address or by selling the allegedly defective product to this address. Especially if the complaint concerns a cross-border transaction, we strongly recommend that the Buyer first contacts the Seller by email or by phone to discuss the complaint, and that they provide the Seller with a photo depicting the defect. The parties will then discuss the magnitude of the defect, its cause and the possible remedies, and will agree on the next course of action. Any communication delays caused by a mistake on the part of the Seller will not be held against the Buyer.
V. The procedure proper
The complaint procedure, including any remedial actions, must be carried out without undue delay, but no later than within 30 days from its beginning, i.e. from the day when it is professionally determined that the defect was caused by a default on the Seller's side. The parties may agree to prolong this period, bearing in mind especially any eventual complexities in taking remedial action or the cross-border character of the procedure. If the procedure is not concluded within this period, the Seller is taken to be in breach of a fundamental contractual term.
The Buyer has the right to be informed about the handling of his complaint by phone or by email. The burden is on the Seller to inform the Buyer about the procedure's conclusion.
If the chosen remedy necessitates transporting the goods back to the Seller, the Buyer must make sure that the goods are clean in accordance with basic hygiene requirements. If this is not the case, the Seller is not obliged to accept the goods.
In the course of the procedure, the Buyer shall receive a written or an electronical complaint protocol which will serve as proof of the procedure. This protocol will contain information about the date of logging the complaint, the content of the complaint and the remedial actions taken.
If the Buyer decides to use a third party courier to transport the goods to the Buyer, it is in the interest of the Buyer to package the goods safely and securely in order to prevent any further damage. Again, we strongly recommend that the Buyer makes a photodocumentation of the state of the goods and sends it to the Seller before sending the goods themselves. The Seller cannot be held responsible for any defects which occur during transport.
The Buyer has the right to be compensated for any reasonable expenses incurred in order to enforce his legitimate rights relating to the complaint procedure. Reasonableness of the expenses will be determined on the understanding that it is in the interest of both parties to minimize expenses and to communicate openly about any expenses to be incurred. The Buyer has the right to be compensated without undue delay, but no longer than within a month after the conclusion of the complaints procedure.