Complaints procedure
This complaint procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "Act") and applies to consumer Goods (hereinafter referred to as the "Goods") for which the Buyer's rights from liability for defects are exercised during the warranty period (hereinafter referred to as the "Complaint").
A consumer is any person who, outside the scope of their business activity or outside the scope of the independent performance of their profession, concludes a contract with an entrepreneur or otherwise deals with him.
The Seller is Vojtěch Špulák, Horní Kostelec 284, 549 41 Červený Kostelec, identification number: 04632052, registered in the trade register kept by the Municipal Office in Náchod, is a person who, when concluding and fulfilling the contract, acts within the scope of his commercial or other entrepreneurial activity. He is an entrepreneur who, directly or through other entrepreneurs, supplies the Buyer with products or provides services.
The customer of our online store is either a consumer Buyer or a Buyer who, when concluding and fulfilling the contract, acts within the scope of his commercial or other business activity.
Defects of goods
The seller is responsible to the consumer that the item is free from defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer received the item,
- the item has the properties agreed upon by the parties, and in the absence of such agreement, the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
- the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used,
- the thing corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- is the thing in the corresponding quantity, measure or weight and
- the matter complies with the requirements of legal regulations.
Rights due to defective goods
If the item does not have the above-mentioned properties, the consumer may also request the delivery of a new item without defects, unless this is unreasonable given the nature of the defect, but if the defect only concerns a part of the item, the consumer may only request the replacement of the part; if this is not possible, he may withdraw from the contract.
However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.
The consumer has the right to have a new item delivered or a part replaced even in the event of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to a new item without defects, to replace a part of it or to repair the item, he may demand a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace a part of it or repair the item, as well as if the seller does not remedy the problem within a reasonable time or if remedying the problem would cause the consumer considerable difficulties.
The buyer does not have the right to defective performance if the buyer knew before taking over the item that the item had a defect, or if the buyer caused the defect himself.a>
Deadlines
The consumer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt.
The warranty period begins upon receipt of the Goods by the Customer. The warranty period for the Consumer Buyer is 24 months unless otherwise stated for the Goods, however, for the Buyer who, when concluding and fulfilling the contract, acts within the scope of his commercial or other business activity, the warranty period is only 12 months. The warranty period is extended by the period during which the Goods were under warranty repair. In the event of exchange of the Goods, a new warranty period does not begin.
Other
The seller's liability for defects does not apply to wear and tear of the item caused by its usual use, in the case of an item sold at a lower price, to a defect for which the lower price was agreed, in the case of a used item, to a defect corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer or if this results from the nature of the item.
At the consumer's request, the Seller is obliged to provide the consumer with a written confirmation of the obligations arising from defective performance to the extent stipulated by law (warranty certificate). If the nature of the item allows it, it is sufficient to issue the Buyer with a document of purchase of the item containing the data (invoice) instead of the warranty certificate, which must contain the same data as the warranty certificate. The warranty certificate must contain the name and surname, name or business name of the Seller, ID number, registered office, if it is a legal entity, or residence, if it is a natural person. If a longer warranty than the statutory warranty is provided, the Seller shall specify the conditions and scope of the warranty extension in the warranty certificate.
The consumer is entitled to withdraw from the contract in all cases stipulated by the Law. The withdrawal is effective against the Seller from the moment the Buyer's declaration of withdrawal from the contract is delivered to him, provided that all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is cancelled from the beginning and the contracting parties are obliged to return everything they provided on the basis of it. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer returns the performance provided to him by the Seller only to the extent that this is objectively possible in the given situation.
Complaint handling
In the event that the Buyer exercises his right to require the removal of defects in the goods by repair and in the warranty certificate, the entrepreneur designated for the purposes of warranty repairs of the Goods is different from the Seller, whose registered office or place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to warranty repair with the entrepreneur specified in the warranty certificate. This information can be found in the document that replaces the warranty certificate, if applicable.
The Buyer is entitled to request warranty repairs at authorized service centers, the list of which is attached to the documentation for the Goods, or will be provided by the Seller upon the Buyer's request.
The complaint, including the removal of the defect, must be resolved without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. After this period, the Buyer is granted the same rights as if it were a material breach of contract.
The period for settling complaints is suspended if the seller does notbhave all the documents necessary for the settlement of the complaint (part of the goods, other documents, etc.). The seller is obliged to request additional documents from the buyer as soon as possible. The deadline is suspended from this date until the requested documents are delivered by the buyer.
In a situation where the Goods need to be sent to the Seller or a service center, the Buyer, in his own interest, ensures that the Goods are packaged in suitable and sufficiently protective packaging material that meets the requirements for transporting fragile Goods, including all accessories, and marks the shipment with the appropriate symbols.
After properly handling the complaint, the service center will invite the buyer to take over the repaired goods.
The right to claim the warranty expires in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular when using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
During any visit by a service technician to the buyer, a report must be drawn up on the defects found and the form of their removal. Without such a report, the service technician's visit will not be taken into account.
In the event of withdrawal from the purchase contract or provision of a discount on the purchase price, the relevant payment is returned to the Buyer by transfer to a bank account or handed over in cash at the cash desk at the company's headquarters or at one of its establishments.
Other useful information regarding complaints is also available on the seller's website.
This complaint procedure is valid from 1 January 2017.