REGULATIONS OF COMPLAINTS
https://www.milkies.eu/

 

§1. Vocabulary

Whenever these regulations refer to:

 

Seller – MILKIES LTD is based at INTERNATIONAL HOUSE, 24 HOLBORN
VIADUCT, LONDON, ENGLAND, EC1A 2BN;
Regulations – this means the Regulations of complaint in force at the Sellers;
Consumer – means a private individual who performs legal transactions with the Seller
not related directly to its business or professional activity,
Entrepreneurs – means a legal person, an organizational unit without legal personality,
which the law grants legal capacity and a natural person who performs legal transactions with the
Seller directly related to its business or professional activity,
Client– it means a Consumer or Entrepreneur,
Complaints – this means the Customer's request addressed to the Seller in connection
with the defect of the product.

 

§2. Guarantee
Terms of guarantee

 

1. The Seller declares that he provides a guarantee for the product he sells on the terms set
out below.
2. The Seller provides the Customer with a 6-month guarrantee for bindings and pearls.
3. The Seller grants the Customer a 30-day guarrantee on cords.
4. The guarrantee applies to hidden defects of material and workmanship.
5. The guarrantee does not cover:
a) mechanical damage (impact, denting, crease, clumping, scratching, rupture etc.) and
defects resulting thereof,
b) wear and aging of the product (eg scratches on settings, pearls, clashing, discoloration of
the plating, color changes being a natural change and / or changes in the properties of the
materials from which the cords, chains, etc. were made). The seller attaches to the product a card
for a possible change in the color of pearls with milk over time, which is the basis for
determining whether changing the color of pearls is a natural change, not covered by the
guarantee.
c) abrasion of external coatings, wear or scratching of cords or jewellery items,
d) damage to any part of the jewellery due to improper use or use contrary to the purpose or
instructions for use, lack of diligence, negligence,
e) jewellery on which operations were carried out by unauthorized persons or whose original
condition has been changed outside the Seller's control,
f) defects resulting from the use or leaving of jewellery under inappropriate conditions, eg
immersion in water, in direct sunlight, exposure to chemicals, high pressure, high temperature,
pollution,

g) the inability to use the jewellery as a result of the client's allergic reaction,
h) defects on the settings existing at the time of delivery of the product, if the Seller was not
immediately informed about this defect, no later than within 7 days from the delivery of the
product.
6. The guarrantee conditions are confirmed by a guarrantee card attached to the product.
The card contains instructions for the use of products.
7. The guarrantee does not exclude, limit or suspend the Customer's rights under the
provisions of the guarrantee for defects in the item sold.

 

§3.Guarrantee for defects

 

1. The Seller is liable to the Consumer if the item has a physical or legal defect (guarrantee).
2. If the Consumer is an Entrepreneur, the Seller's liability under the warranty is excluded.

 

§4.Complaint proceedings

 

1. The Customer may file a complaint against the Seller in the case of Product defects.
2. The customer is obliged to inspect the delivered product and in the event of finding a
defect to notify the Seller within 7 days from the date of delivery of the product.
3. Complaints shall be submitted by the Customer electronically via the Seller's complaint
platform or e-mail: [email protected] or in writing to the following address: MILKIES.PL, ul.
Wapienna 4A / 2, 71-790 Szczecin.
4. The complaint should include: the Customer's first and last name, e-mail address to
contact with the Customer, address for sending the product being complained about, product
purchase date, order number, product defect with photos, date of the customer's defect, as well as
specific customer request related to the complaint.
5. Photographs referred to in paragraph 4, should be clear and made in daylight in an
amount of at least two.
6. If the data or information specified in the complaint need to be supplemented, before
considering the complaint, the Seller asks the Customer submitting the complaint to supplement
it in the indicated scope.
7. If the Seller is unable to consider the complaint on the basis of the defective photos, he
informs the Customer who is obliged to send the Product to the following address:
MILKIES.PL, ul. Wapienna 4A / 2, 71-790 Szczecin. If the complaint is accepted, the Seller shall
return the incurred costs of shipping the Product to the Customer.
8. The Seller recognizes the complaint within 14 days from the date of receipt of a correctly
prepared complaint, and in case 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.
9. The Seller informs the Customer about the method of considering the complaint by e-
mail to the address provided by the Customer or in writing. In the event of refusal to accept the
complaint, the Seller shall notify the Customer of the reason for the decision.

10. If the replacement or repair of the Product proves to be possible, the Seller will notify the
Customer and provide all information regarding the further course of the proceedings.
11. The customer may submit a request in a complaint:

 

a) repair of the product,
b) replacing the product with a new one,
c) lowering the price.

 

12. The customer is not entitled to withdraw from the contract due to the fact that the object
of the service is an item created according to the customer's specification or serving to satisfy his
individual needs (Article 38 point 3 of the Act of 30 May 2014 on consumer rights).
13. If the Customer submits a request referred to in paragraph 11 lit. a) The Seller may offer
the Customer a replacement of the product for a new product if the repair of the product is
impossible or would require excessive costs compared to the replacement of the product with a
new one. When assessing the excess of costs, the value of the Product free from defects, the type
and significance of the defect is taken into account, and the inconvenience to which the
Customer would otherwise expose himself is taken into account.
14. If the Customer submits a request referred to in paragraph 11 lit. b) The Seller may offer
the Customer a repair of the product if replacement of the product with a new one is impossible
or would require excessive costs compared to the replacement of the product with a new one.
When assessing the excess of costs, the value of the Product free from defects, the type and
significance of the defect is taken into account, and the inconvenience to which the Customer
would otherwise expose himself is taken into account.
15. If the Customer submits a request referred to in paragraph 11 lit. c) The Seller may
promptly, taking into account the dates of order completion, replace the defective product with a
new one or repair the product, unless the product has already been replaced or repaired by the
Seller.
16. 16. If the Customer submits a request referred to in paragraph 11 lit. a) or point (a) b)
The Seller may refuse to request the Customer if replacement or repair of the product is
impossible (eg due to the inability to provide new material for production by the Customer).
17. In the event of a price reduction, the amount by which the price has been reduced will be
granted in the form of a coupon to the store for use in subsequent purchases, if the customer
agrees to such a way of considering the complaint. Otherwise, the amount by which the price has
been reduced will be refunded to the Client in a manner analogous to the payment method for
the product chosen by the Customer within 14 days from the day of positive consideration of the
complaint.
18. A customer who is a consumer may use non-judicial means of dealing with complaints and redress, including:

 

a. may refer the case to a permanent amicable consumer court operating under commercial
inspection with a request to resolve the dispute;
b. may apply to the voivodeship inspector of commercial inspection with a request to initiate
mediation proceedings regarding the amicable settlement of the dispute;
c. can take advantage of free assistance regarding extrajudicial dispute resolution and poviat
court claims (municipal) consumer ombudsmen and social organizations whose statutory tasks
include consumer protection;
d. can use the European Online Dispute Resolution (ODR) platform at
http://ec.europa.eu/consumers/odr/.

19. In the absence of any other statement of the Customer, by submitting a complaint to the
Seller, the Customer uses the rights resulting from the guarantee.