Terms of Service
General Conditions
This Customer Claim (Complaint) Submission and Examination Procedure of Siret Solutions S.R.L. (hereinafter the “Company”), operating under the trade name Euro FMCG (hereinafter the “Procedure”), establishes the procedure for acceptance, registration, examination of customer claims (complaints) related to the wholesale goods or services provided by the Company and/or contracts concluded with customers, responses to customers, and decisions on these claims (complaints).
The purpose of the procedure is to organize the customer claim management process in a fair, efficient, and appropriate manner.
Definitions Used in the Procedure
3.1. Answer/Reply: A written reply to the questions and/or requirements raised by the applicant.
3.2. Exceptional Case: A situation between the Company and its goods or services and/or the Contracting Party to the Company’s contracts that creates an atypical situation requiring additional documents and/or explanations in an objectively investigated manner.
3.3. Customer: A natural or legal person to whom the Company provides wholesale goods or services and acts as a business.
3.4. Applicant: The complainant regarding the wholesale goods or services provided by the Company and/or the contract concluded with the Company, i.e., the existing or potential customer of the Company or their representative.
3.5. Claim (Complaint): A written communication from the applicant, in accordance with the specified procedures, which indicates that the rights of a person or a legitimate business interest relating to the provision of goods or services by the Company or its contracts have been infringed, and to satisfy the applicant’s requirements.
3.6. Claim (Complaints) Registration Log: A computer-based document registration system for recording the incoming customer claims (complaints).
3.7. Claim (Complaints) Management Process: The actions of the Company’s employees in connection with the claim (complaint) handling, registration, examination, informing the applicant, etc. The complaint handling process is separate from the litigation management process.
Applicability
This Procedure does not apply if:
4.1. The Company is not responsible for the execution of the activities specified by the applicant in its claim (complaint).
4.2. The Company is not associated with the goods or services which have been provided to the Client (i.e., the Company did not provide any goods or services to the Customer).
Claims (complaints) concerning the Company’s agents are investigated by the Company, ensuring that its agents will properly comply with the requirements of this Procedure.
This Procedure is published on the Company’s website eurofmcg.ro and on the websites of all the Company’s agents.
Submission of Claims (Complaints)
The customer can submit a claim (complaint) by email to [your@email.address].
A claim (complaint) may be submitted in person by the customer or through a representative whose powers have been approved in accordance with the procedure established by the laws of Romania and the European Union.
When submitting a Claim (Complaint), the applicant must specify:
9.1. Their full name/company name;
9.2. Address;
9.3. Date of filing the claim (complaint);
9.4. The substance matter of the Claim (Complaint), i.e., what rights of a person or interests were violated;
9.5. Their requirements against the Company;
9.6. Other available documents related to the claim (complaint), if necessary;
9.7. Contact phone number and/or email.
If at least one of the required details referred to in item 9 is not specified, the Company shall have the right to request the supplementation of the claim (complaint) within 24 hours of the first submission of a complaint.
If the claim (complaint) is filed by the customer’s representative, the claim (complaint) must be accompanied by documents confirming the identity and proof of representation. In the claim (complaint), the customer’s representative must indicate both the customer’s and their details in accordance with clause 9.
Claims (Complaints) with defamatory, insulting content, or in violation of moral norms, and which incite national, racial, religious, or social strife, coercion, and discrimination are not dealt with.
Examination of Claims (Complaints)
Incoming claims are recorded in a Claim (Complaint) Logbook that contains the following verified data:
13.1. The family name or business name of the applicant;
13.2. Address of the applicant indicated in the claim (complaint);
13.3. Date and method of receipt of the claim (complaint);
13.4. Substance matter of the claim (complaint) (brief content);
13.5. The Company’s services or products, their types complained of;
13.6. Date of reply to the applicant;
13.7. Final outcome of the investigation of the claim (complaint) (decision).
The Claim (Complaint) is not accepted, not registered, and/or dealt with if any of the following conditions are met:
14.1. The claim (complaint) does not meet the requirements of clauses 7, 8, 9, and clause 11 regarding the contents of the claim (complaint);
14.2. The claim is submitted later than five calendar days from the delivery of products or services to the Customer;
14.3. The claim (complaint) contains incomplete, illegible, or incomprehensible content information. Whenever possible, the responsible employee of the Company must ask for clarification of the information;
14.4. The defects of the goods or services are minimal (negligible), i.e., the total amount of services or goods damaged or defective is less than 2% (two percent) of the total quantity of goods or services counted by units;
14.5. Clear video proof is not presented while opening a pallet and showing the exact number of damaged units;
14.6. Clear photos of the damaged products are not attached;
14.7. The complaint does not contain a CMR with information (mark) that the product arrived damaged (including the approximate quantity of damages).
The Customer’s claim (complaint) is examined in accordance with the laws of Romania and the European Union.
Claims (complaints) are examined in English.
The applicant’s claim (complaint) will be examined, and the answer provided within 7 business days of receipt and registration of the claim (complaint), unless further documents or information are required to investigate the claim (complaint) or any other provisions related to the Company’s services provide for a different term. In the case where further documents and/or information are required for the purpose of the claim (complaint) proceedings, the time limit begins to run on the date of the submission of additional documents and/or information to the Company.
In exceptional cases, where a claim (complaint) cannot be dealt with within the time limits specified above, the Company’s authorized person must inform the applicant, indicate the circumstances of the late reply, and the time limit may not be more than 35 business days before the claim (complaint) is examined and a final decision on the claim (complaint) submitted to the applicant is pending.
Claims (complaints) regarding payment services and their performance, whether related to fraud or the circumstances of which would immediately cause serious harm to the customer, are dealt with as a matter of priority and the Company will endeavor to respond to them as soon as possible.
The decision of the Company, in which the decision is submitted to the applicant, where their claim (complaint) is not met in part or in full, the grounds for rejection of the claim (complaint) are indicated, and other remedies are notified to the applicant.
A decision by the Company on the claim (complaint) lodged by the applicant shall be submitted to the applicant by email within the time limits specified, unless a different method of submission is indicated in the claim (complaint) (e.g., sending an answer by mail). The decision of the Company is sent to the address provided by the applicant, it is deemed to have been received by the applicant on the next business day.
Repeated claims (complaints) are not investigated unless they reflect new circumstances which constitute the basis of the request.
Final Provisions
If the claim (complaint) meets the relevant conditions of this Policy and the fault of the Company is examined to be proven, the Company takes full responsibility for refund and taking back the product.
The applicant, who considers that their claim (complaint) has been incorrectly evaluated, shall have the right to refer the matter to the competent court with jurisdiction in Romania or the European Union in accordance with applicable law.