Complaints Procedure | MINIMEE
The Complaints Procedure is an integral part of the Seller's General Terms and Conditions:
Company: EASY BEAUTY s.r.o.
Registered office: Hálkova 1287/37, 779 00 Olomouc
ID: 05313619
VAT number: CZ05313619
registered in the commercial register maintained by the Regional Court in Ostrava, file number: C 67074 and describes the procedure of how to approach a claim for goods purchased through the website www.minimee.cz.
The buyer is obliged to familiarize himself with the Complaints Regulations and the General Terms and Conditions (hereinafter referred to as the "GTC") before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide EASY BEAUTY s.r.o. the necessary cooperation necessary for handling the complaint, otherwise the deadlines are extended adequately by the time during which the buyer did not provide the required cooperation. By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Regulations.
- THE BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS
The seller is responsible for a defect in the goods that only an expert, not an average customer, would have recognized upon conclusion of the contract and inspection of the item (§ 4 NOZ), or any other hidden defect. The buyer has the right to complain about such a defect without undue delay after discovering it (with sufficient care he could have discovered it) and
a) if he does so within 6 months of acceptance, then the assumption that the goods were already defective upon acceptance applies, unless the seller proves otherwise. That is it is up to the seller to prove that there were no defects when the goods were received.
b) if he does it after 6 months from taking over the goods, but still within the complaint period of 24 months from taking over the thing (§ 2165 par. 1 NOZ), he must prove that the thing was already defective at the time of taking over,
c) if he does so only after a period of 24 months from the receipt of the goods, when his rights do not expire, but the seller can object to a delayed claim (as in the case of statute of limitations), thereby waiving his liability for defective performance.
If the goods have a defect, which the buyer already knew about at the time of purchase and took over, it is assumed that the buyer approved the defective goods and the right from defective performance does not belong to him in the same way as if the defect was caused by the buyer himself. (§ 2170 NOZ).
- SELLER'S OBLIGATIONS
The seller guarantees to the buyer that the product has no defects upon receipt. In particular, it answers that at the time the consumer took over the product,
a) the product has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by him,
b) the product is suitable for the purpose that the seller states for its use or for which a product of this type is usually used,
c) the product has the corresponding parameters stated by the seller
d) the product meets the requirements of legal regulations. (§ 2161 NOC)
- DEADLINE FOR CLAIMS
The buyer is entitled to exercise the right from a defect that occurs with consumer goods within 24 months of receipt
This does not apply to goods sold at a lower price as a result of a defect for which a lower price was agreed, and to wear and tear of the goods caused by its usual use or if this results from the nature of the goods. (§ 2165 NOZ)
- SIGNIFICANT AND INSIGNIFICANT DEFECTS
If defective performance is an insignificant breach of contract, the buyer has the right to remove the defect, or to a reasonable discount from the purchase price.
As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer.
If the seller does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.
If defective performance is a material breach of contract, the buyer has the right
a) to remove a defect by delivering a new item without a defect or by supplying a missing item,
b) to remove the defect by repairing the item,
c) for a reasonable discount from the purchase price, or
d) withdraw from the contract.
The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract.
If the item does not have the characteristics listed in Article 2 of the Complaints Regulations, the buyer may also request the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer. (§ 2169 NOC)
- GOODS SOLD AT LOWER PRICES
Products that have defects that do not prevent the product from being used for its intended purpose must only be sold at lower prices. The seller is obliged to notify the buyer that the product has a defect and to specify to him what the defect is, if this is not already obvious from the nature of the sale. The seller must indicate the defect on the proof of purchase of the item. The seller is not responsible for defects in products for which a lower price was negotiated. If a product sold at a lower price has a hidden defect that prevents it from being used for the given purpose from a functional point of view, the buyer has the right to complain about the product in accordance with these complaints regulations. If a product sold at a lower price has another non-removable defect, which does not prevent it from being used for the given purpose, the buyer has the right to a reasonable discount on the price of the product. If the price of the goods has been reduced due to a sale or post-season resale, the seller is fully responsible for defects in the goods sold.
- APPLICATION OF CLAIMS WITHOUT DELAY
The consumer is obliged to make a complaint without undue delay immediately after discovering the defect, but no later than within the time specified in Article 3, so that the complaint can be properly assessed and processed. The seller will reject the consumer's claim without further assessment if it is applied after the expiry of the period specified in Article 3.
- RESOLUTION OF DISPUTES
The consumer is obliged to prove that his claim to settlement of the complaint is justified, i.e. that, in addition to pointing out defects, he also proves the place, price and time of purchase of the goods, which he can best prove with a sales receipt, or in another plausible way.
- HANDLING OF COMPLAINTS INCL. REMOVAL OF DEFECTS
The seller accepts the complaint either at the company's premises according to Article 9 of the Complaints Regulations or via electronic communication, the so-called email. The seller is obliged to issue a written confirmation to the consumer of when the consumer exercised the right, what the content of the complaint is and what method of handling the complaint the consumer requires; and further confirmation of the date and method of processing the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
The seller decides on the claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. Missing this deadline is considered a material breach of contract.
- COMPLAINT PROCEDURE
If a defect has appeared in the goods during the period specified in Article 3, send the goods back to the seller in a suitable transport package together with a completed complaint form, which is an integral part of this complaint procedure. The complaint form can also be sent by email.
Send the undamaged, unused goods to the address, but do not send it on cash delivery.
EASY BEAUTY s.r.o.
Hálkova 1287/37
779 00 Olomouc
Czechia
According to your choice, the complaint will be handled if it is justified.
In case of questions, please contact the indicated phone number +420 734 614 214 during business hours:
MON - THURS 8:00 - 11:00 / 12:00 - 16:00
FRIDAY 8:00 - 11:00 / 12:00 - 14:00
Alternatively, you can write to the email: info@minimee.cz
- OUT OF JUDICIAL DISPUTE RESOLUTION
The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection (www.coi.cz). Initiating an out-of-court settlement of a consumer dispute does not affect the right of the parties to the dispute to seek protection of their rights and legitimate interests through the courts.
This complaint procedure is valid and effective from 1st January 2024.