Whenever these terms and conditions refer to:
- Seller- means Keep Moments Ltd. with registered office at 7 Bell Yard, London, England, WC2A 2JR, Companies House: 11909402;
- Terms and Conditions- it means the Terms and Conditions of Complaints in force at the Seller;
- Consumer- it means a natural person making a legal transaction with the Seller not directly related to his/her business or professional activity,
- Entrepreneur – means a legal person, an organizational unit without legal personality, which is granted legal capacity by law, and a natural person making a legal transaction with the Seller directly related to his/her business or professional activity,
- Consumer Entrepreneur- it means a natural person, concluding a contract directly related to his/her business activity, when from the content of the contract it follows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity,
- Customer- means a Consumer or Entrepreneur or Consumer Entrepreneur,
- Complaint- it means the demand of the Customer addressed to the Seller in connection with non-compliance of the goods with the contract.
2. Non-compliance of goods with the contract
- The Seller shall be liable to the Consumer if the goods are inconsistent with the contract (non-conformity of goods with the contract).
- If the buyer is an Entrepreneur, the Seller’s liability under the warranty is excluded.
- To the Consumer Entrepreneur, the provisions of these Regulations on the Consumer shall apply.
- Goods are in accordance with the contract if, in particular, their description, type, quantity, quality, completeness and functionality remain in accordance with the contract.
- In addition, the goods, to be considered compatible with the contract, must:
be suitable for the purposes for which goods of that kind are normally used;
exist in such quantity and have such characteristics, including durability and safety, as are typical for goods of that kind and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance made by the Seller, in particular in advertising or on the label.
- The Seller shall not be liable for the lack of conformity of the goods with the contract to the extent referred to in paragraph 5, if the Consumer, at the latest at the time of the conclusion of the contract, has been expressly informed that a specific feature of the goods deviates from the requirements of conformity with the contract and has expressly and separately accepted the lack of a specific feature of the goods.
- The Seller shall be liable for the lack of conformity of the goods with the contract resulting from improper installation of the goods, only if the improper installation carried out by the Consumer was due to errors in the instructions provided by the Seller
4. Complaint procedure
- The Customer may file a complaint against the Seller in case of defects in the Product.
- The Customer is obliged to examine the delivered Product and, if a defect is found, to notify the Seller immediately, no later than within 7 days from the date of delivery of the Product.
- The Customer shall submit a complaint electronically via the Seller’s complaint platform or e-mail: firstname.lastname@example.org or in writing to the address at: MILKIES Wapienna 4a/2 71-790 Szczecin.
- The complaint should include: Customer’s name and surname, e-mail address for contact with the Customer, shipping address of the advertised product, date of purchase of the product, order number, description of the product defect with photos, date when the Customer found the defect, as well as the specific request of the Customer related to the complaint.
- The photos referred to in paragraph 4 should be clear and taken in daylight in the number of at least two.
- If the data or information provided in the complaint needs to be supplemented, before considering the complaint, the Seller shall ask the Customer making the complaint to supplement it in the indicated scope.
- If, on the basis of the photos of the defect sent, the Seller is unable to consider the complaint, he shall inform the Customer, who is obliged to send the Product to the address: MILKIES Wapienna 4a/2 71-790 Szczecin. If the complaint is accepted, the Seller shall reimburse the Customer for the Product shipping costs incurred.
- The Seller recognizes the complaint within 14 days from the date of receipt of a properly drawn up complaint, and if it is necessary to send the Product to the address indicated by the Seller – within 14 days from the date of receipt of the Product.
- The Seller shall inform the Client about the method of considering the complaint by e-mail to the address provided by the Client or in writing. In the case of refusal to consider a complaint, the Seller will notify the Client stating the reasons for this decision.
- If replacement or repair of the Product proves possible, the Seller will notify the Client and provide all information on further course of action.
- The Customer in a complaint may submit a request for:
- repair of the Product,
- replacement of the product with a new one,
- price reduction.
- If the Customer submits the demand specified in paragraph 11 a), the Seller may offer the Customer to replace the product with a new one, if repair of the product is impossible or would require excessive costs compared to replacing the product with a new one. In assessing the excessiveness of the costs, the value of the Product free of defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by other means of satisfaction shall be taken into account.
- If the Customer submits the request specified in paragraph 11(b), the Seller may offer the Customer to repair the Product if replacing the Product with a new one is impossible or would require excessive costs compared to replacing the Product with a new one. In assessing the excessiveness of the costs, the value of the Product free of defects, the type and significance of the defect found, as well as the inconvenience to which the Customer would be exposed by other means of satisfaction shall be taken into account.
- If the Customer submits the request specified in paragraph 11(c), the Seller may immediately, taking into account the lead times, replace the defective product with a new one or repair the product, unless the product has already been replaced or repaired by the Seller.
- In the case of a request made by the Client under paragraph 11(a) or (b), the Seller may refuse the Client’s request if the replacement or repair of the product is impossible (e.g., due to the Client’s inability to provide new material for production).
- In the case of a price reduction, the amount by which the price has been reduced will be granted in the form of a voucher to the store for use in subsequent purchases, provided that the Customer agrees to such a way of processing the complaint. Otherwise, the amount by which the price has been reduced will be refunded to the Customer in a manner analogous to the method of payment for the product chosen by the Customer within 14 days from the date of positive consideration of the complaint.
- The Customer, who is a consumer, may use out-of-court ways of handling complaints and claims, including:
- may refer the case to the permanent amicable consumer court operating at the trade inspectorate with a request to resolve the dispute that has arisen;
- may apply to the provincial inspector of the trade inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute that has arisen;
- may take advantage of free assistance on out-of-court ways to resolve disputes and assert claims of district (city) consumer ombudsmen and social organizations whose statutory tasks include consumer protection;
- d. may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.