Complaints Policy

6.1

The Buyer’s rights arising from defective performance are governed by the relevant generally binding legal regulations — in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code. The Buyer’s rights are also governed by the Consumer Protection Act.

6.2

The Seller is responsible to the Buyer for ensuring that the Goods are free of defects upon receipt.

6.3

The Goods are considered defect-free if:

6.3.1 they have the properties agreed upon between the Seller and Buyer; if no such agreement exists, they have the properties described by the Seller or expected given the nature and type of Goods;

6.3.2 they are suitable for the usual purpose given the nature and type of Goods;

6.3.3 they are delivered in the correct quantity and measure;

6.3.4 they are of the appropriate quality and workmanship; and

6.3.5 they comply with applicable legal regulations.

6.4

If the Goods are defective upon receipt, the Buyer has the following rights:

6.4.1 The Buyer has the right to demand delivery of new defect-free Goods, unless it is unreasonable given the nature of the defect. If the defect only affects part of the Goods, the Buyer may demand replacement of that part; if this is not possible, the Buyer has the right to withdraw from the Contract.

6.4.2 In the case of a removable defect where the Buyer cannot properly use the Goods due to repeated occurrence after repair or due to a larger number of defects, the Buyer also has the right to demand new Goods or replacement of the defective part. In this case, the Buyer can also choose to withdraw from the Contract.

6.4.3 If the Buyer does not exercise the rights under 6.4.1 or 6.4.2, they may request a reasonable discount on the purchase price. The Buyer also has this right if the Seller cannot deliver new defect-free Goods, replace the part, or repair the Goods, or if doing so would cause unreasonable delay or inconvenience for the Buyer.

6.5

The provisions in sections 6.2 to 6.4 do not apply to:

6.5.1 Goods sold at a reduced price due to a defect;
6.5.2 defects caused by the Buyer or defects known to the Buyer before the Contract was concluded;
6.5.3 wear and tear caused by normal use;
6.5.4 used Goods, where defects correspond to the level of use or wear existing at the time of receipt; and
6.5.5 Goods where this results from their nature.

6.6

A defect that appears within six months of receipt is presumed to have existed at the time of receipt. For consumer goods, the Buyer has the right to claim defects under sections 6.2 to 6.4 if a defect occurs within 24 months of receipt.

6.7

The Seller does not provide a warranty on Goods.

6.8

Claims are to be submitted to the Seller at their registered office address.

6.9

The Seller will resolve claims within 30 days from the date of submission, provided all necessary documents have been received, unless otherwise agreed. Failure to meet this deadline constitutes a material breach of the Contract.

6.10

Once the claim is resolved, the Buyer will be informed and invited to collect the Goods.

6.11

In case of improper handling of the Goods contrary to instructions, the Buyer forfeits all rights related to defects (especially under sections 6.2 to 6.4).

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Withdrawal from the Contract

7.1

According to Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from the Contract (except in cases under 7.2) within fourteen (14) days of receiving the Goods. In the case of multiple Goods or items in one order, this period starts upon receipt of the last item. The deadline is met if the withdrawal notice is sent before the period expires.

7.2

According to Section 1837 of the Civil Code, withdrawal is not possible for:

7.2.1 Goods customized to the Buyer’s wishes or for their person;
7.2.2 Goods that deteriorate quickly or were irreversibly mixed after delivery;
7.2.3 Goods in sealed packaging that were unsealed and cannot be returned for hygiene reasons;
7.2.4 audio or video recordings or computer software if the original seal was broken.

7.3

If the Buyer has the right to withdraw under 7.1, the Seller also has the right to withdraw until the Goods are received by the Buyer. If the Seller withdraws, they must refund the purchase price without undue delay to the Buyer’s bank account.

7.4

In case of withdrawal under 7.1, the Contract is canceled from the start, and the Buyer must return the Goods to the Seller within fourteen (14) days of sending the withdrawal notice. The Buyer bears the costs of returning the Goods, including if they cannot be returned by standard postal service. The Buyer is liable for any damage or reduction in value caused.

7.5

If the Buyer withdraws, the Seller will refund the payment within fourteen (14) days in the same manner as received, unless otherwise agreed. The Buyer must provide their bank account number if necessary. Refunds require proof of dispatch of the returned Goods.

7.6

The Seller may set off any claims for damage against the Buyer’s claim for a refund.

7.7

A sample withdrawal form is attached to these Terms and Conditions and may be used by the Buyer. The withdrawal notice must be sent to the Seller’s registered address or email: hello@femvie.com.