Complaints Procedure
CLAIM RULE
Introductory Provisions
- This complaint procedure is established in accordance with the legal system of the Czech Republic. If the contracting party is a consumer, relations not regulated by business conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is an entrepreneur, relations not regulated by business conditions are governed by the Commercial Code, No. 513/1991 Coll., all as amended.
Rights and obligations of the seller
- The seller is responsible to the buyer for the fact that the thing sold is free of defects when it is taken over by the buyer, has the quality and useful properties usual for a thing of this kind, meets the requirements of legal regulations, is in the corresponding quantity, measure or weight and corresponds to the purpose that the seller states the use of the item or for which the item is usually used.
- The seller is responsible for defects that become apparent after taking over the item during the warranty period (warranty).
- The warranty does not apply to defects caused by wear and tear of the item due to normal use, incorrect handling, unauthorized interference with goods (devices), breach of seals, seals, damage by water, fire, static and atmospheric electricity, and other elements or force majeure. Furthermore, for defects caused by polarity reversal, overvoltage, or damage to batteries or accumulators, as well as for defects on modified and surface-damaged goods.
- For items sold at a lower price, the seller is not responsible for a defect for which a lower price was negotiated.
- The seller provides a warranty period of 24 months for the sold consumer goods. If the usual life of the goods or the period of consumption is shorter, the warranty period ends with the expiry of this period.
- At the buyer's request, the seller will provide a written guarantee (warranty certificate). If the warranty certificate is not issued, it is sufficient to issue the buyer with proof of purchase of the item containing the seller's business name, ID number, registered office, and information about the purchased goods.
- The warranty for the services provided is 3 months unless longer is contractually agreed.
- If defects on the goods become apparent within six months from the date of receipt, they are considered to have already existed upon receipt, unless this contradicts the nature of the item or unless the contrary is proven. In this case, the buyer has the right to exchange, repair, or discount the price without undue delay. In more complex cases, the seller reserves the right to decide on the complaint within three working days. The seller is obliged to issue a confirmation about the claim application.
- If defects appear within the next eighteen months, the seller is obliged to remove the defect free of charge within 30 days. After this time, the defect is classified as irreparable and the buyer is entitled to a replacement or refund.
- The warranty period is suspended from the day the claim is made until the time when the buyer is obliged to take over the item. The warranty period is therefore extended by the time of complaint handling.
- The seller will not accept a claim after the warranty period has expired.
- When selling or providing services outside the declared establishment (e.g. at exhibitions, etc.), the seller shall, at the request of the buyer, provide oral information on the scope, conditions, and method of making a claim, in particular the name or name and address of the seller, where the buyer can also after termination such sale or provision of services to file a claim.
- In the case of complaints sent by post on cash on delivery without prior agreement, the seller has the right to refuse the shipment.
- Complaints asserted by the seller against its suppliers do not affect the processing of legitimate claims by the buyer.
- When returning an export shipment paid for by an advance invoice, the amount will be credited less the costs incurred for returning the shipment.
Rights and obligations of the buyer
- The buyer must claim the detected defect within the warranty period without undue delay after the defect has become apparent.
- Complaints about goods modified according to the wishes of the consumer are governed by § 53, paragraph 8 of the Civil Code.
- If it is a defect that can be removed, the buyer has the right to have it removed free of charge, on time, and properly. If the item was not used, the buyer can request the replacement of the item (or its components) instead of removing the defect.
- If the product has a large number of removable defects or the same defect occurs repeatedly, the buyer has the same rights as in the case of an irremovable defect.
- In the case of an irreparable defect, the buyer has the right to either exchange the item for a flawless one or withdraw from the contract (= return the item and demand a refund).
- The buyer can also request a discount. This is provided in the event that the item has defects that do not prevent it from serving the given purpose. In this case, the buyer acknowledges that the defects for which the discount was granted cannot be claimed in the future.
- The buyer must contact the place where he bought the defective item with the complaint. With the exception of cases where the warranty certificate indicates another entrepreneur designated for repair, which is closer to the seller's location or the buyer's location.
- The buyer is obliged to claim responsibility for defects arising during transport with the carrier. (The seller recommends not accepting visibly damaged shipments, or claiming damage immediately upon receipt of the goods). Complaints and claims for compensation for damage incurred on the transported shipment are governed by the terms and conditions of the carrier in question.
- The buyer is obliged to claim the complete goods. For the above-standard warranty, the return of the original goods in the original packaging applies. When sending complaints by post, he is obliged to deliver the goods back paid for.
- When purchasing goods through the Electronic Order System (not at the seller's brick-and-mortar locations), the buyer has 14 days to think about it and return undamaged and unused goods.