for the www.moshna.co.uk e-shop
(hereinafter referred to as the "Complaints Procedure")
I. BASIC PROVISIONS
1.1 The Complaint Procedure Code is an integral part of the Business Terms and Conditions (hereinafter referred to as the "OP") of Moshna UK Ltd, 18a/20, King Street, Maidenhead, England, SL6 1EF, Company Registration Number: 07909141, VAT Registration Number: 315232834 (hereinafter referred to as "TGI"), for the sale of Goods in the e-shop on the website www.moshna.co.uk (hereinafter referred to as the "e-shop") and describes in particular, how to proceed in the case of any defective Goods purchased in the e-shop.
1.2 The buyer is required to become acquainted with the complaints procedure and OP prior to ordering goods. Goods offered in the e-shop are mainly silver jewellery.
1.3 By signing the Purchase Agreement, the Buyer agrees to this Complaint Procedure and undertakes to proceed in accordance with the rules established by this Complaint Procedure.
1.4 The definitions of terms contained in these Complaint Rules take precedence over the definitions contained in the OP. If this Complaint Code does not define a term, it is understood in the sense in which it is defined in the OP and, if not defined, is understood in the sense in which it is used by law.
1.5 TGI issues a purchase receipt with all the data required to claim the liability for defects (for example, the name of the item, the item number, the price, the quantity, the length of the claim period) for each item purchased.
II. DURATION OF THE CLAIM PERIOD
2.1 The buyer is entitled to claim any defects in the purchased goods at the time of his / her delivery to the client or the purchased goods within the 24 (twenty-four) months.
2.2 The claim time begins on the date of the receipt of the goods by the Buyer.
III. TERMS OF CLAIM
3.1 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the goods' packaging and, in case of any defects, to notify the Carrier without delay and to describe briefly the issue on the delivery note. The buyer will check, in particular, the number of packages, damage to the envelope or box, etc. based on the enclosed shipping slip. The buyer is entitled to refuse to accept a consignment that does not conform with the purchase contract, for example, the parcel being incomplete or damaged. If the Purchaser has received such a damaged shipment from the carrier, it is necessary to describe the damage to the consignment in the delivery note of the carrier (delivery note). In signing the delivery note the buyer confirms, without reservation, that the shipment containing the goods has not been violated and any later complaint about the shipment may not be taken into account.
3.3 Immediately after the goods have been received, the Purchaser is further required to check the condition of the protective packaging of the goods. If the Buyer discovers that the protective packaging is damaged or otherwise defective (e.g. cracked, crushed, etc.), it shall notify TGI (as specified in clause 3.4 of the Complaint Procedure) within 5 days of receipt of the goods at the latest. After the period of 5 days, damage claims or claims connected with damage to the protective packaging will be disregarded.
3.4 Any defects in goods must be reported (complain) to TGI without undue delay. When reporting damaged or defective goods, the buyer is obliged to use the claim form published on the TGI website www.moshna.co.uk or proceed as described in Article 3.7. Complaint procedure.
3.5 If the Purchaser fails to notify TGI of any defect in the goods without undue delay after he / she has been able to ascertain, and with due diligence, the Buyer's rights as a result of defective performance cease.
3.6 The place for claiming and sending the claimed Goods is a branch of TGI: The Golden Investment as, Rokycanova 2798, 530 02, Pardubice. Please note that the complaint cannot be processed at TGI's main address.
3.7 The Buyer is entitled to claim the Goods by sending a complaint by registered mail, always to the address mentioned in point 3.6 of the Complaints Procedure. The goods to be reclaimed should be thoroughly secured in order not to damage them during transport, the package should be marked visibly with the word "REKLAMACE" and include: the goods claimed (including any accessories), a copy of the purchase document and the completed claim form , and if the goods have already been claimed in the past, also a copy of the proof of handling of the previous claim. If the Buyer has used the electronic claim form, it is sufficient if the consignment contains the goods claimed and the consignment will be visibly marked with the word "REKLAMACE" together with the claim code, which will be sent to the Buyer in a confirmation email on receipt of the complaint and will be sent to the Buyer's email address in the order. The Purchaser is also entitled to claim the Goods personally at the branch address under paragraph 3.6 of these OPs.
3.8 The day of claim, that is, the date of claim of liability for defective goods, is the day on which Goods were claimed at the place specified above personally, or on the third day after the date on which the postal item containing the claim was received at the address specified in Article 3.6 of the Complaints Procedure Goods together with the documents referred to in Section 3.7 of the Complaints Procedure. In the event that the Buyer has used the electronic claim form, the day of the complaint is the day on which the TGI was sent to the Buyer electronically; if the Goods TGI claimed are not received on the 5th business day thereafter, the third day from the date on which the postal item containing the Goods claimed was delivered to the TGI address at the amount of the claim referred to in Item 3.6 of the Complaints Procedure.
3.9 Upon receipt of the claim, TGI shall issue a written acknowledgment to the Buyer, in case of delivery of a complaint by post or through an electronic complaint form, TGI will send a receipt to the Buyer to the email or postal address indicated by the Buyer in the claim form, or as specified in the order.
3.10 TGI's liability for defects does not apply to defects that occurred after the claim expired and to defects caused by improper use, inappropriate maintenance or storage of the Goods. It also does not apply to defects caused by mechanical damage to the Goods or caused by natural elements or due to force majeure after the delivery of goods to the Buyer. No liability for defects can be claimed for Goods that TGI has provided to the Buyer with a gift or any other complementary product or Goods free of charge.
3.11 TGI has the right to refuse to accept the Goods in a claim in cases where the Goods claimed, or its components are contaminated or do not meet the basic requirements for a hygienically safe handover of the Goods.
IV. CLAIMS HANDLING
4.1 In case the Goods at the time of receipt by the Buyer is not in compliance with the Purchase Agreement, it does not have the characteristics according to the Purchase Contract, the Buyer has the right to request TGI to replace goods based on the Purchase Contract. In such a case, TGI undertakes to exchange the Goods. If such a procedure is not possible, the Client may withdraw from the Purchase Agreement.
4.2 Conformity of Goods with a Purchase Agreement means that at the time the Buyer took possession of the Goods:
· the goods have properties that the parties have agreed
· possess such features as the Seller or the manufacturer described when advertised or which the Buyer expects regarding the nature of the Goods
· the Goods are suitable for the purpose which the seller indicates or to which goods of this type are normally used
· the goods correspond to the quality or performance of the agreed product.
· the Goods are the appropriate quantity, degree or weight
· the goods comply with legal requirements.
4.3 The provisions of Article 4.2 of the Complaint Rules shall not apply to Goods sold at a lower price because of a known and disclosed defect.
4.4 In the event of recurring defects after the replacement of Goods or in the event of a greater number of defects, the Buyer shall, in addition to the right to repair or exchange the Goods, also withdraw from the Purchase Contract.
4.5 Any claim that the Seller will find justified will always be settled by exchanging the Goods. The buyer has no right to demand a discount on the price of the goods.
4.6 TGI is not responsible if, before taking possession of the Goods, the buyer knew that the Goods were defective. If the buyer does not notify TGI in time regarding a defect in the Goods in accordance with Section 3.4 of the Complaints Procedure, the Buyer shall lose the right to withdraw from the Purchase Agreement.
4.7 The TGI Goods Claim shall be processed without undue delay, but no later than 30 days from the date of the claim by the Buyer, unless otherwise agreed by the Buyer with TGI. After the expiration of this period, the Buyer has the right to withdraw from the Purchase Agreement.
4.8 TGI will correspond concerning complaint handling in writing, via mail or email, to the addresses in the claim form or in the order. After the complaint has been settled, the goods will be dispatched to the Buyer's address indicated in the claim form, or as indicated in the registration data.
4.9 In the case of an eligible claim, the Buyer has the right to reimbursement of the expense (especially postage) incurred in connection with the claim.
V. OTHER AND FINAL PROVISIONS
5.1 This Complaint Procedure Code is valid and effective from 18.11.2015.
5.2 This Complaint Procedure is available at the address given in Section 3.6 of the Complaints Procedure or as a document on www.moshna.co.uk.
5.3 For the rights and obligations of TGI and the Buyer in the exercise of the rights of liability for defects not expressly provided for in these Complaints Rules, the provisions contained in the Civil Code apply.
Complaints in PDF format can be download here.
You can find the claim form here.