Claim Resolution Rules
Claim Resolution Rules
We can assume goods under complaint only with the filled claim form and fulfilled conditions for the guarantee - see the guarantee form.
A similar procedure as in the case of repainting the frame with the only difference that the complaint form to fill out and attach documents as required by our Complaints Procedure.
Attachment Nr. 1 VOP
Claim Resolution Rules
Seller: BAWRN.com s.r.o., IČ: 046 09 298, Branická 213/53, 147 00 Praha 4, Czech Republic
Supplier: Malfini, a.s., IČ: 25409727, Oblouková 391, Skorotice, 403 40 Ústí nad Labem, Czech Republic
The Buyer is obliged to take over the consignment in the proper way, primarily to check integrity of the shipping container/ transportation packing and immediately after taking over the delivery of the ordered goods the Buyer is obliged to check the correctness of the content of the delivered consignment. In case that the shipping container/ transportation packing shows any apparent defects caused by transport the Buyer is not obliged to take over the consignment but he has to draft a report on the damage with the carrier's employee and immediately informs the Seller.
In case of the disclosure of a defect in the delivery the Buyer lodges his/ her claim to get perfect/ faultless fulfilment by means of complaint. The complaint is lodged by Buyer without undue delay by means of filling in the complaint form „Record of complaint" presented in Seller's e-shop not later than within the following time limits. The claim regarding non-conformances in the content of delivery (i.e. nonconformity in quantity, type and price of the fulfilment), or erroneous data found in made out documents shall be submitted within 14 calendar days since the date of implementation of taxable fulfilment. The claim regarding apparent defects shall be submitted by the Buyer not later than within 30 calendar days from the date of the implementation of taxable fulfilment. The claim regarding hidden/ latent defects shall be submitted by the Buyer not later than within 6 months from the date of implementation of taxable fulfilment. Within the aforementioned time limits the goods under complaint shall be delivered to Supplier's address Malfini a.s., Ostrava Business Park, Lihovarská 692/40C, 718 00 Ostrava, Czech Republic. No later claims will be taken into account and acknowledged. Time limit for settling a complaint by Seller through the Supplier is 30 days and it begins on condition that all terms and conditions are met that is inevitably necessary for lodging and asserting a claim stipulated in these Claim Resolution Rules. Unless proceeded in accordance with the terms and conditions of this Claim Resolution Rules the claim having been filed shall be refused by the Seller through the Supplier.
Complaints will especially be taken into consideration neither by Seller nor by Supplier in cases if the Buyer does not provide the appropriate complaint form necessary for the complaint procedure. Unless the form Record of complaint is filled in for the goods under complaint even within the time limit of 7 days from the date of the delivery of the aforementioned goods the Supplier shall send such goods back to Buyer. The costs of transport shall be borne by the Buyer. Accompanying photographs of the damaged goods attached to the above specified form can accelerate complaint procedure.
The change in goods arising out of its usage cannot be considered as a defect. The deficiency consisting in the difference between the quantity of goods having been ordered and delivered is to be documented by Buyer by means of an objective item of evidence e.g. the evidence of a third independent and witnessing person.
Asserting a claim does not have any deferring effect as for the invoice due date/ the maturity date of invoice for the goods under complaint.
Buyer is obliged to deliver his/ her goods under complaint at his/ her own expenses to the Supplier's workplace premises (warehouse) at the address Malfini a.s., Ostrava Business Park, Lihovarská street 692/40C, 718 00 Ostrava –Kunčičky, Czech Republic. On delivering the goods to other address than specified in this paragraph the Buyer is obliged to pay transport expenses interconnected with resending such goods including the fee amounting at CZK500.00 without VAT. C.O.D consignments (Cash On Delivery) will not be taken over neither by Supplier nor by Seller.
The goods under complaint shall be clean, not mechanically damaged, without printing, without sewing/ embroidering or not used in an improper way, without showing wear and tear (worn) or not devalued- depreciated by Buyer. Buyer shall attach printed Record of complaint as an integral part of the consignment with precise description of the defect. In case of hidden fault/ latent defect all the above specified shall be applied adequately to the nature of the defect.
If the claim asserted by Buyer is rejected due to either for the reason that it has been asserted in conflict with this Claim Resolution Rules or due to its groundlessness which implies that both Supplier and Seller are entitled to be reimbursed for the expenses which incurred in connection with returning the goods under complaint back to Buyer and expenses incurred to both Seller and Supplier in consequence of the appraisal of the complaint made by Buyer. However, if the complaint made by Buyer is acknowledged as legitimate it is the Seller who has to reimburse to Buyer all transport expenses incurred due to the transport of the goods under complaint.
The claim acknowledged by Supplier (i.e. The Supplier has given his approval/ consent to the Buyer's claim in question) may be settled by the following manners:
a. by repair or by replacement of the goods manifesting defects or by replacing a part of the goods impaired by a defect by faultless goods,
b. granting an adequate price reduction taking into account the character of the defect and the possibilities of further use of the goods manifesting faults and defects,
c. by refunding the paid purchase price on the basis of the corrective tax document sent by Seller to Buyer which the Buyer is obliged to sign and send it back to the Seller.
The choice among the aforementioned ways a) and c) depends exclusively on Supplier's discretion whereas the Seller takes into his consideration primarily the nature of the defect of goods having been subject to a claim for the benefit of the most effective, fastest and the most cost effective removal of the defect under complaint.
The manner under b) can be applied to resolve a claim on the basis of mutual agreement between Supplier and Buyer
How to assert a claim?
- Sign on www.bawrn.com by using your sign-on name and password.
- Enter Customer service.
- Click on Invoicing and select the particular invoice of which you intend to assert a claim your goods. You also may start making a claim from the section Claim by using key button I want to assert a new claim.
- Click on Make a complaint at the selected invoice.
- Select Type of claim. Missing goods = goods specified in the invoice yet not supplied
- claim defective goods – the rules for making a claim of defective goods
- mistaken goods / missing goods missing goods = goods specified in the invoice but not physically supplied mistaken goods = goods specified in the invoice but not physically supplied however goods supplied instead is not specified in the invoice surplus goods = goods though not having been invoiced yet you have actually received it; you may state in the last empty line of the table
- combination of the above = select it if you assert a claim for various other reasons
- return of perfect/ flawless goods - the rules for returning perfect/ flawless goods see other – other type of claim not specified above
- price claim – select in case when you think that the amount invoice for either goods or services does not conform (e.g. cost of transport) the price set forth in your order; state the price of goods that should have been invoiced
- Set Preferred settlement of claim:
- Send out for (missing goods/mistaken goods, damaged goods – in case you require to settle the deficiency by being sent settlement of the deficiency)
- Credit note (missing goods/mistaken goods, damaged goods – in case you do not require to settle the deficiency by being sent settlement of the deficiency)
- supplementary invoicing– make out an invoice for receiving goods as the settlement of deficiency or surplus goods
- Fill in Note to claim – all pieces of information that you like to convey to us
- In case of making a claim of defective goods – information whether you are sending back the goods or you have decided to keep it aside and send it en bloc
- In case of mistaken goods / missing goods:
- Goods not having been invoiced I intend to keep and it is required to send out the missing goods.
- Goods not having been invoiced I intend to return and it is required to send out the missing goods.
- Goods not having been invoiced I intend to return and it is only required to make out a credit note for missing goods. Do not send out the missing goods
- Goods not having been invoiced I intend to keep and do not send out the missing goods. I require financial settlement in accordance with the price of really sent and received goods and missing goods: stipulated in point 6 „ Preferred settlement of claim"
- In the table mark indicate the goods you claim (including precise number of goods under complaint). As long as it is the case of mistaken goods and you have received goods which is not invoiced specify in writing individual products into empty boxes and specify precise numbers of them. As long as defective goods is concerned, please, select as accurate defect description as possible.
- The way of return of the goods to warehouse – select the manner of delivery of returned goods to warehouse. Select a contact person for your company responsible for the settlement of your claim.
- Press Send the claim and send it.
Print out the document about your claim (Return) and attach it to the parcel to the goods being sent back and send it to the above specified address in accordance with Claim deed.
You may monitor the course of your complaint/ claim in section Claim.