HARMONELO LLC, Reg. No.: L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, United States of America, acting through

HARMONELO LLC, a branch plant, Reg. No: 08783969, registered office Kulkova 4045/8, Židenice, 615 00 Brno

  1. 1. Introductory provisions

    1. This Complaints Procedure (hereinafter referred to as "Complaints Procedure") applies to the purchase of products and services (hereinafter referred to as "Products") of HARMONELO LLC, reg. no. L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, United States of America, acting through HARMONELO LLC, a division of HARMONELO LLC, Reg: 08783969, with registered office at Kulkova 4045/8, Židenice, 615 00 Brno, registered in the Commercial Register maintained by the Regional Court in Brno, Section A, Insert 26741 (hereinafter referred to as "HARMONELO" or "Seller") and further defines and specifies the rights and obligations of the Seller and the Registered Member (hereinafter referred to as "Distributor").
    2. The Seller can be contacted by phone at +420 770 183 669 or by e-mail: support@harmonelo.com.
    3. The Complaints Procedure is an integral part of the Membership Rules. By entering into the Purchase Agreement, the Distributor agrees to the Membership Rules and these Complaints Procedure and confirms that he/she is duly acquainted with them.
    4. As the purchase of the products is made by the Distributor in the context of its business activities within the Harmonelo Group, the Distributor is not entitled to the consumer rights provided for by law in the context of a complaint. Complaints shall be governed solely by the membership rules and this Complaints Policy.
  2. 2. Definition of terms

    1. Products or items are defined in this Complaints Procedure as products and services offered by the Seller through its official distribution channels or through its network of independent Distributors. The Seller's website can be accessed at harmonelo.com, harmonelo.shop, harmonelo.video and other relevant subdomains.
    2. For the purposes of these Complaints Regulations, a Distributor means a natural person who is fully capable of acting in his/her own right or a legal entity acting on behalf of a fully capable natural person who is duly registered under the Seller's Membership Rules.
    3. The Harmonelo Group shall be understood under these Complaints Regulations as a group consisting of the Seller and duly registered members, i.e. distributors.
  3. 3. Time limit for exercising rights arising from defective performance

    1. The time limit for exercising rights from defective performance begins on the date of receipt of the goods by the distributor, i.e. on the date indicated on the proof of purchase.
    2. The distributor can reproach the defect that appears on the goods within two years after receipt. In the case of goods with a shorter expiry date stated on the goods, the warranty period shall be the length stated on the goods.
    3. The period shall end on the date which coincides numerically with the date on which it began and the corresponding number of months later. The length of the period in months shall also be indicated on the proof of purchase.
    4. The rights of liability for defects in the goods for which the quality guarantee applies shall be extinguished if they have not been exercised within the specified period.
    5. In the case of settlement of the complaint in the form of a replacement of the goods, no new time limit shall apply, the time limit starting from the date of receipt of the goods by the distributor shall be decisive.
  4. 4. Seller's liability

    1. The seller is liable to the distributor that the goods are free from defects on receipt. In particular, the seller shall be liable that at the time the distributor took delivery of the goods:
      1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
      2. it is suitable for the purpose for which the buyer requires it and to which the seller has agreed,
      3. it is supplied with the agreed accessories and instructions for use, including the instruction manual,
      4. the goods are suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
      5. it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer can reasonably expect, even taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,
      6. it is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the purchaser may reasonably expect; and
      7. it corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the contract.
    2. The seller is responsible for the fact that the goods are accompanied by a tax document - invoice and warranty certificate. If the goods are not accompanied by a warranty certificate, the tax document - invoice - is used to claim.
  5. 5. Rights under liability for defects in goods

    1. The Distributor is obliged to inspect the goods upon receipt and to immediately address any apparent damage to the goods and packaging with the carrier. The Distributor is not obliged to take over such goods from the carrier and shall inform the Seller of the detected damage without undue delay by e-mail: support@harmonelo.com.
    2. In case of personal collection by the distributor, the moment of acceptance of the goods is the moment of transfer of the risk of damage to the goods from the seller to the distributor. If the distributor does not inspect the goods upon acceptance, he may only claim for defects detectable during such inspection if he proves that the goods were already defective at the time the risk of damage to the goods passed. A later claim for incompleteness or external damage to the goods does not deprive the distributor of the right to claim. However, the seller has the opportunity to prove that there is no breach of the contract of sale.
    3. The Distributor is obliged to hand over the claimed goods to the Seller, either in person during the dispatch hours (Monday to Thursday from 13.00 to 16.00, Friday from 11.00 to 14.00) in the Seller's dispatch warehouse at Kulkova 8, 615 00 Brno, through its sponsor or by sending them via a shipping service to the address of the registered office. In the case of sending goods via a shipping company, the distributor is advised to pack the claimed goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that they are not damaged during transport. The Seller shall not be liable for any damage to the goods during transit. The shipment should contain the goods claimed and a copy of the sales receipt, a detailed description of the defect claimed and the correct contact details of the distributor.
    4. The rights of liability for defects do not apply in particular in cases where the defect or damage has occurred:
      1. as a result of improper use of the goods contrary to the relevant instructions,
      2. mechanical damage to the goods,
      3. use contrary to generally accepted rules of use,
      4. demonstrably inappropriate and improper treatment.
    5. Gifts provided by the seller to the distributor free of charge as part of a purchase contract for other paid goods are not covered by warranty or liability for defects beyond the scope of the law.
  6. 6. Rights arising from defects in the goods

    1. The Distributor shall have the following rights in exercising its rights under liability for defective performance:
      1. the right to the delivery of new goods, which can be exercised if the delivery of new goods or parts thereof is a reasonable solution to the complaint with regard to the nature of the defect,
      2. the right to a reasonable discount on the purchase price.
    2. The Seller decides how to handle the complaint.
    3. The distributor is not entitled to the right of defective performance if the seller has notified the distributor that the goods are defective before taking delivery of the goods or if the distributor has caused the defect.
    4. As the purchase of the products is made by the Distributor in the context of its business activities within the Harmonelo Group, the Distributor is not entitled to the consumer's statutory rights in the context of a complaint (in particular the provisions relating to withdrawal from the contract).
  7. 7. Complaint handling

    1. The Distributor can claim the goods in person at the Seller's registered office, in writing at the registered office address, in person at the warehouse located at Kulkova 8, 615 00 Brno during the dispensing hours (Monday to Thursday from 13.00 to 16.00, Friday from 11.00 to 14.00) by sending an e-mail to support@harmonelo.com.
    2. The complaint must include the date of delivery of the goods, the relevant invoice number, the type of goods, the label from the packaging of the goods, the batch number, the quantity claimed, a description of the defect accompanied by photographic documentation indicating the Distributor's request for the settlement of the complaint and the contact details of the Distributor, including e-mail. The Seller reserves the right to request that the claimed goods be sent in the original packaging (e.g. bottle) to assess the validity of the claim.
    3. The Seller shall decide exclusively on the manner of handling the complaint.
    4. The Seller will send a written confirmation to the Seller's e-mail, which will contain information about when the Distributor made the claim and what the claim is about. In addition, the Seller shall issue a confirmation to the Distributor by e-mail of the date and manner of the settlement of the complaint. In the case of a rejected complaint, the Seller shall issue the Distributor with a written justification for the rejection.
    5. The Seller shall decide on the validity of the complaint filed by the Distributor within three working days at the latest. This time limit shall not include the reasonable time required for a professional assessment of the defect. The complaint shall be settled within 30 days from the date on which the complaint is received by the Seller with all the relevant details. In justified cases, this time limit may be extended and the distributor will be notified by e-mail.
    6. If the Seller proves that the Distributor knew about the defect of the goods before acceptance or caused it himself, the Seller is not obliged to satisfy the Distributor's claim.
    7. The Distributor is obliged to provide the Seller with all necessary assistance in the handling of the complaint.
    8. The Seller shall decide on the reimbursement of costs incurred in connection with the claim. The latter decides in particular on their legitimacy and on the amount of compensation, if any.
    9. The Seller shall inform the Distributor of the settlement of the complaint via the e-mail provided when the complaint was made.
    10. The Distributor is obliged to accept the complaint without undue delay within 15 days from the date on which it was informed of its settlement. If the complaint is not received by the distributor no later than the last day of the deadline, the seller will be charged a storage fee of 50 CZK + VAT for each day of delay. If the distributor does not collect the goods from the settled complaint within 1 month from the date of being informed of the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
    11. When dispensing the goods after the claim has been settled, the distributor is obliged to present the document received when the goods were accepted for claim. The distributor is obliged to inspect the goods received. The distributor shall also check the completeness of the goods, in particular that the packaging contains everything it should contain. Later objections will no longer be taken into account.
  8. This Complaints Procedure shall come into force on 6 January 2023.

HARMONELO LLC, Reg. No.: L19000263800, located at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, United States of America, acting through

HARMONELO LLC, spin-off plant, ID No.: 08783969, registered office Kulkova 4045/8, Židenice, 615 00 Brno

  1. 1. Introductory provisions

    1. This Complaints Procedure (hereinafter referred to as the "Complaints Procedure") applies to the purchase of goods on https://harmonelo.com/e-shop.php (hereinafter referred to as the "online store") and further defines and specifies the rights and obligations of the seller and the operator of the online store, which is the company HARMONELO LLC, reg. no. L19000263800, with registered office at 1666 Kennedy Causeway Suite 412, FL 33141 North Bay Village, USA, acting through HARMONELO LLC, a branch plant, ID No.: 08783969, with registered office at Kulkova 4045/8, Židenice, 615 00 Brno, registered in the Commercial Register kept at the Regional Court in Brno, Section A, Insert 26741(hereinafter referred to as "HARMONELO" or "Seller"), and the Buyer.
    2. Prodávajícího je možno kontaktovat na telefonním čísle +420 770 183 669 nebona e-mailu: support@harmonelo.com.
    3. The Complaints Code has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code" or "CC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act") and applies to goods for which the buyer's rights under liability for defects (hereinafter referred to as "claims") are exercised during the warranty period.
    4. The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the Purchase Contract, the Purchaser agrees to the General Terms and Conditions and this Complaints Procedure and confirms that he/she is duly acquainted with them.
  2. 2. Definition of terms

    1. According to these GTC, the Buyer means a natural person in the capacity of a consumer or an entrepreneurial natural person or a legal entity.
    2. A consumer is any person who concludes a contract with HARMONELO or otherwise deals with HARMONELO outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession.
    3. Within the meaning of these General Terms and Conditions, an entrepreneur means a natural or legal person who independently carries out, on his own account and responsibility, a gainful activity by means of a trade or similar activity with the intention of doing so on a regular basis for the purpose of making a profit. An entrepreneur shall also be deemed to be any person who enters into contracts in connection with his or her own business, manufacturing or similar activity or in the course of an independent exercise of a profession, or a person who acts in the name of or on behalf of an entrepreneur. If the Buyer provides his/her identification number in the order, he/she acknowledges that he/she is considered an entrepreneur in the contractual relationship with the Seller and that the rights of an entrepreneur apply to him/her.
    4. Goods or items means products offered through the online shop.
  3. 3. Time limit for exercising rights arising from defective performance

    1. The buyer may complain about a defect that appears in the item within two years of acceptance. In the case of goods with a shorter expiration date stated on the goods, the warranty period shall be the length stated on the goods.
    2. If the seller should have shipped the goods to the buyer, the goods are handed over to the buyer when they are handed over by the carrier to the consumer or a person designated by the consumer. If the buyer has appointed the carrier without being offered transport by the seller, the goods are handed over to the buyer at the moment when the seller hands over the goods to that carrier.
    3. The period shall end on the date which coincides numerically with the date on which it began and the corresponding number of months later. The length of the period in months shall also be indicated on the proof of purchase.
    4. The rights of liability for defects in the goods for which the quality guarantee applies shall be extinguished if they have not been exercised within the specified period.
    5. In the case of settlement of the complaint in the form of replacement of goods, no new time limit shall run, the time limit starting from the date of receipt of the goods by the buyer shall be decisive.
  4. 4. Seller's liability

    1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller shall be liable to the buyer that the goods:
      1. conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
      2. it is suitable for the purpose for which the buyer requires it and to which the seller has agreed,
      3. it is supplied with the agreed accessories and instructions for use, including the instruction manual,
      4. it is suitable for the purpose for which the item is normally used, having regard also to the rights of third parties, legislation, technical standards or codes of practice of the sector, if there are no technical standards,
      5. it corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same kind which the buyer can reasonably expect, even taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,
      6. it is supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the purchaser may reasonably expect; and
      7. it corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the contract.
    2. If a defect manifests itself within one year of acceptance, it shall be deemed that the item was already defective upon acceptance by the buyer, unless the nature of the item or the defect precludes it. This period does not run for the time during which the buyer cannot use the thing, if he has rightly pointed out the defect.
    3. The seller is responsible for the fact that the goods are accompanied by a tax document - invoice and warranty certificate. If the goods are not accompanied by a warranty certificate, the tax document - invoice - is used to claim.
  5. 5. Liability rights for defects in goods

    1. The Buyer is obliged to inspect the goods upon receipt and to immediately address any apparent damage to the goods and packaging with the carrier. The Buyer is not obliged to accept such goods from the carrier and shall inform the Seller without undue delay of the damage found.
    2. In case of personal collection by the Buyer, the moment of taking over the goods is the moment of transfer of the risk of damage to the goods from the Seller to the Buyer. If the buyer does not inspect the goods upon acceptance, he can only claim for defects detectable during such inspection if he proves that the goods were already defective at the time of the transfer of the risk of damage to the goods. A later claim for incompleteness or external damage to the goods does not deprive the buyer of the right to claim. However, the seller has the opportunity to prove that there is no breach of the contract of sale.
    3. The Buyer can claim the goods in person at the Seller's warehouse located at Kulkova 8, 615 00 Brno, in writing at the address of the registered office or by sending an e-mail to support@harmonelo.com.
    4. The Buyer is obliged to hand over the claimed goods to the Seller, either in person or by sending them via a shipping service to the address of the registered office. In the case of sending the goods via a shipping company, the Buyer is advised to pack the claimed goods in suitable and sufficiently protective packaging material that meets the requirements of transport so as not to damage them during transport. The shipment should contain the goods claimed and a copy of the sales receipt, a detailed description of the defect claimed and the correct contact details of the buyer.
    5. The rights of liability for defects in goods do not apply in particular to cases where the defect or damage has occurred:
      1. mechanical damage to the goods,
      2. demonstrably inappropriate and improper treatment,
      3. use contrary to the instructions for use or the instructions on the packaging or warranty card,
      4. use contrary to generally accepted rules of use.
    6. No warranty or liability for defects beyond the scope of the law can be applied to gifts provided by the Seller to the Buyer free of charge within the framework of a purchase contract for other paid goods. In the event of withdrawal from the purchase contract, the buyer is obliged to return the goods provided as a gift in their original condition to the seller.
    7. At the request of the Buyer, the Seller is obliged to provide the Buyer with a written confirmation of the obligations arising from defective performance to the extent provided by law (warranty certificate). The warranty certificate must contain the name or business name, the company ID number, the registered office of the seller and the rights of the buyer regarding free remedy. If the nature of the goods so permits, it is sufficient to issue the buyer with a proof of purchase containing the same information as the warranty certificate instead of the warranty certificate.
  6. 6. Rights arising from defects in the goods

    1. The consumer has the following rights when exercising his rights under liability for defective performance:
      1. the right to have the defect removed,
      2. the right to delivery of a new item without defect or repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other,
      3. the right to a reasonable discount or to withdraw from the contract if:
        1. the seller refused to remove the defect,
        2. the defect manifested itself repeatedly,
        3. the defect is a material breach of contract,
        4. it is apparent from the seller's statement or the circumstances that the defect will not be rectified within a reasonable time or without significant inconvenience to the consumer.
    2. The Buyer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. He may then change the choice made only with the consent of the seller; this shall not apply if the buyer has requested the repair of a defect which proves to be irreparable.
    3. The right of defective performance does not belong to the buyer if the seller has notified the buyer before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
    4. The consumer is entitled to withdraw from the contract in all cases specified in the Civil Code and the Consumer Protection Act. Withdrawal is effective against the seller at the moment when the buyer-consumer's declaration of withdrawal is handed over or delivered to the seller, provided that all the legal conditions under §2001 et seq. of the Civil Code are met. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to reimburse each other for everything they have provided to each other on the basis of the contract.
    5. In case of withdrawal from the contract, the buyer is obliged to return the complete goods including all accessories to the seller.
    6. If the goods are defective if they were sold used or sold at a discount to reflect their inferior quality at the time of sale, the buyer-consumer has the right to a reasonable discount instead of the right to exchange the goods.
  7. 7. Complaint handling

    1. The buyer can claim the goods in person at the seller's registered office, in writing at the registered office address, in person at the warehouse located at Kulkova 8, 615 00 Brno by sending an e-mail to support@harmonelo.com
    2. The Seller shall issue the Consumer with a written confirmation, which shall be sent to the Consumer's e-mail, of when the Consumer has made a complaint, what its content is and what method of handling it requires. In addition, the seller shall issue the consumer with a confirmation by e-mail of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected complaint, the seller shall provide the consumer with a written justification for the rejection.
    3. If the consumer has sent the goods for complaint via a shipping company, he/she will receive a written confirmation by e-mail.
    4. The Seller shall decide on the complaint filed by the consumer immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint shall be settled without undue delay, at the latest within 30 calendar days from the date of the complaint, unless the seller and the buyer agree otherwise in writing. After the expiry of this period, the consumer may withdraw from the contract or demand a reasonable discount.
    5. If the seller proves that the buyer knew about the defect of the goods before acceptance or caused it himself, the seller is not obliged to satisfy the buyer's claim.
    6. The time limit of 30 days under Article VII, paragraph 2 of the Complaints Procedure is not binding on the buyer - entrepreneur.
    7. The Buyer is obliged to provide the Seller with all necessary assistance in the handling of the complaint.
    8. In the event of a legitimate claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The buyer may claim this right from the seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
    9. The Seller informs the Buyer about the settlement of the complaint via e-mail specified when filing the complaint.
    10. The Buyer is obliged to accept the complaint without undue delay within 30 days from the day he was informed of its settlement, this period cannot expire earlier than 60 days from the filing of the complaint. If the complaint is not accepted by the Buyer no later than on the last day of the deadline, the Seller will be charged a storage fee of 50 CZK + VAT for each day of delay. If the buyer does not collect the goods from the settled claim within 6 months from the date of being informed of the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
    11. When issuing the goods after the claim has been settled, the buyer is obliged to present the document received when receiving the goods for the claim.
    12. The buyer is obliged to inspect the goods being taken over. The buyer shall also check the completeness of the goods, in particular that the packaging contains everything it should contain. Later objections shall no longer be taken into account.
  8. This Complaints Procedure shall come into force on 6 January 2023.