COMPLAINTS PROCEDURE

  

name

BEMETA DESIGN s.r.o., Company ID: 26929074; VAT ID: CZ 26929074

registered office Žatčany 28, PIN 664 53, Czech Republic

incorporated in the Companies Register kept by the Regional Court in Brno, Section C,
Insert 46063

Telephone: +420 544 224 338 fax: +420 544 213 040

e-mail: info@bemeta.cz

bank account: Komerční banka: 123-7000400217/0100

 

(hereinafter the "Seller")

  

 

I.

1.  The Seller's Complaint Procedure was drawn up in compliance with Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "CC"), and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter "CPA").

2.  The Complaints Procedure together with the Seller's General Terms and Conditions form an integral part of the purchase contract concluded between the Seller and the Buyer.

3.  The Complaints Procedure regulates the method and basic conditions for complaints regarding product defects and the exercise of rights arising from the warranty for the quality of goods delivered by the Seller based on the Buyer's order.

4.  This Complaints Procedure enters into force on the day of its publication

on the Seller's website (www.bemeta.cz).

 

 

II.

1.  The Seller is obliged to deliver the ordered goods to the Buyer in accordance with the concluded purchase contract, the General Terms and Conditions of the Seller (published at www.bemeta.cz) and generally binding legal regulations.  

2. If the Buyer is a consumer, the relationship between the Buyer and the Seller is governed by the relevant legal regulations in force on the territory of the Czech Republic, in particular the CC and CPA; in relation to the consumer, the provisions of this Complaints Procedure deviating to the detriment of the consumer from the legal regulation established to protect the consumer are not taken into account; in such a case, the relevant legal regulation will be applied.

3.  The Buyer is obliged to check the goods upon receipt. The Buyer is obliged to notify (preferably in writing) the Seller without undue delay of possible defects of type, quantity, quality and design, possibly other obvious defects after taking over the goods. For the elimination of doubts, it is considered that the period "without undue delay after taking over the goods" means a period of no more than two working days after taking over the goods. 

4.  In the case of defects that can be removed, the Buyer is entitled to the removal of the defects, supply of missing items or reasonable discounts from the purchase price. In the case of irreparable defects, the Buyer is entitled to replacement for faultless goods, a discount from the purchase price or withdrawal from the contract.  

5.  Replacement goods for defective goods will be sent by the Seller to the Buyer only after receipt of the defective goods in the original packaging together with a duly applied complaint, which contains a description of the discovered defects. The Seller is not responsible for defects arising during the transport of the goods back to the Seller when making a complaint.

6.  If the Buyer is a consumer within the meaning of Section 419 of the CC in conjunction with Section 2(1)(a) of the CPA, the Seller is obliged to issue a written confirmation to the consumer when making a complaint, in which it states the date when the consumer made the complaint, contents of the complaint, method of handling the complaint required by the consumer and the consumer's contact details for the purpose of providing information about the handling of the complaint.

7.  The Seller is not responsible for the following product defects:

  - defects caused by use and installation that are in conflict with the operating instructions or general principles for normal handling of goods of a similar nature. General instructions for installing the products are also provided on the Seller's website in the "Download" section.

- defects caused by non-compliance with the instructions for maintenance, operation or service of the product;

- defects caused by improper transportation and improper storage;

- defects caused by normal wear and tear of the product;

- defects caused by unprofessional or inappropriate handling, operation under conditions other than those specified by the manufacturer or under unusual conditions, physical damage, unavoidable events (natural disasters), weather conditions, lightning or electrostatic discharge, excessive mechanical wear, etc.;

- defects arising from the use of the product in an aggressive environment, such as chemical plants, swimming pools or saunas.

 

III.

1. a) The Seller provides the Buyer with a warranty for its own goods of 24 months for the functionality and of 24 months for the finish of the product, unless a shorter warranty is indicated for the selected goods. The 24-month warranty does not apply to consumable parts of products that are subject to normal wear and tear (handles, plastic and rubber parts of products, plastic and rubber accessories, etc.).

b) For products of the OMEGA, BETA, TASI, SOLO, VIA, TREND-I, PLAZA, OVAL, ORGANIC series, the Seller provides the Buyer with an extended warranty of 12 years for functionality and 12 years for the finish of the product.

c) For products of the NEO series, HELP series in stainless steel and RAWELL series in chrome, the Seller provides the Buyer with an extended warranty of 6 years for functionality and 6 years for the finish of the product.

 

 

2.  Warranty periods begin to run on the day the goods are handed over to the Buyer or the day the Buyer was first allowed to dispose of the goods or the moment the goods are handed over by the Seller to the first carrier, whichever occurs first. The risk of damage also passes to the Buyer on the same day.

3.  Other claims from liability for defects and deadlines for their application are governed by the relevant legal regulations of the Czech Republic. 

4.   The Buyer can make a complaint in person at the Seller's store or send the claim to the Seller's address:

BEMETA DESIGN s.r.o.

Company ID No.: 26929074

Žatčany 28,

PIN 664 53,

Czech Republic

 

5. The shipment with claimed goods must contain: the claimed goods (including complete accessories), a copy of the proof of purchase or another suitable document proving the warranty, a detailed description of the defect and sufficient contact details of the Buyer (in particular the return address and telephone number). Without the above, it is impossible to identify the origin and defects of the goods and make the subsequent decision on the complaint and its settlement, which will be communicated to the Buyer or sender of the complaint.

6. If the Buyer does not deliver the claimed goods, including all the accessories, then in the event of the Buyer's withdrawal from the contract, the purchase price will be returned to the Buyer in the amount reduced by the price of the undelivered accessories.

 

IV.

Handling of complaints

A. Buyer-consumer

1.  In accordance with the provisions of Section 2(1)(a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, a consumer is a natural person who does not act in the capacity of their business activity or independent exercise of their profession.

2.  Complaints, including removal of defects, must be handled without undue delay, of which the consumer must be notified within 30 days of the date of the complaint, provided the Seller and the customer do not agree in on a longer period. After vain expiration of this period, the consumer can withdraw from the contract or demand a reasonable discount.

 

B. Buyer-entrepreneur

3.  If the Buyer is an entrepreneur, the Seller undertakes to notify the Buyer of the result of the complaint procedure within 40 days from the date of the complaint. The Buyer-entrepreneur will be informed of the decision via contact e-mail.

 

 

 

V.

1.  For the maintenance of the products, the Seller recommends using only high-quality detergents that are recommended by the manufacturer for the maintenance of bathroom equipment and that are intended for this purpose by the manufacturer and correspond to the nature of the material for which they

are intended.

2.  The Seller's recommendation for maintenance of products with chrome finish: chrome finish is sensitive to acids.  Only use cleaning agents suitable for the treatment of chrome surfaces. Wipe the surface with a damp cloth. If the contamination is stronger, use a damp cloth soaked in soapy water with a neutral PH factor (5.5) for cleaning.  All other cleaning agents, which are designed for more aggressive interaction with surfaces, can damage the chrome surface.

3.  The Seller's recommendations for maintenance of products with stainless steel finish: stainless steel is sensitive to acids.  Only use cleaning agents suitable for the treatment of stainless steel surfaces. Using these special products removes fingerprint traces.

4.  The following agents may not be used for cleaning:

- agents containing acetic, phosphoric, formic and hydrochloric acids

- agents containing chlorine-based bleaches

- wire brushes, abrasive sponges and cleaning agents that can scratch the surface of the product 

- dry, liquid or pasty cleaning powders and sands

- alkaline or acidic strongly concentrated cleaning agents

- building chemicals with a corrosively aggressive effect

5.  The Seller is not responsible for defects caused by improper maintenance of the products, and the Buyer is not entitled to make a complaint for defects caused in this way.

 

 

 

 

VI.

Final Provisions

1.  The Buyer's rights arising from applicable legal regulations are not affected by this Complaints Procedure.

2.  This Complaints Procedure is applicable from 12 June 2023 and supersedes previous complaint procedures.

3.  This Complaints Procedure is available at the Seller's registered office or at www.bemeta.cz.

                                                                                      

BEMETA DESIGN s.r.o.