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Complaints Procedure


I. Introductory provisions

The rights of the Buyer from defective performance (hereinafter referred to as “Complaint”) must always be exercised in accordance with this Complaints procedure. Matters not regulated by this Complaints procedure are governed by the laws of the Czech Republic. The Seller shall inform the Buyer of this Complaints procedure in a suitable manner and at the Buyer’s request shall submit it to the Buyer in text form. This Complaints procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection as amended on 1 November 2019.

 

II. The Seller is not responsible for defects in the following cases:

  • if the defect exists on the item at the time of takeover and for such a defect is agreed discount on the purchase price,

  • if the goods are sold as used and the defect corresponds to the level of use or wear that the goods had at the time when the Buyer took over,

  • the defect on the item is caused by wear and tear caused by normal use or if it is due to the nature of the item (e.g. expiration of its service life),

  • is caused by the Buyer and was caused by improper use, storage, improper maintenance, Buyer’s intervention or mechanical damage,

  • the defect occurred as a result of an external event outside the influence of the Seller.

 III. - Making a claim

The Buyer has the right to file a Complaint with the Seller, in any of the Seller’s premises, in which the receipt of the Complaint is possible with regard to the range of goods sold, or in the Seller’s registered office or place of business. The Seller ensures the presence of an employee authorized to receive Complaints throughout the operating hours. Complaints can also be filed with the person designated for this purpose in the confirmation issued by the Seller to the Buyer, in the receipt or in the warranty card, if the designated person is at the location of the Seller or at the location closer to the Buyer.

The Buyer is obliged to prove that he or she has the right to lodge a Complaint, in particular to prove the date of purchase, either by presenting a sales document (a receipt), confirmation of the Seller's obligations from defective performance of the warranty card, or in another credible way. The Buyer is not entitled to file a Complaint for a defect that has been alleged in the past, if he or she has been granted a reasonable discount on the purchase price.

If the exercise of the right of defects causes considerable difficulties for the consumer, especially because the item cannot be transported to the place of claim in the usual way or because the goods are installed or part of a property, the Seller will assess the defect in agreement with the Buyer either on the spot, or otherwise. In such a case, the Buyer is obliged to provide the necessary cooperation to the Seller.

IV. - Time limit for exercising rights

When selling consumer goods, the Buyer may exercise his or her rights from defective performance within 24 months of receipt of the goods. In the case of used goods, the deadline for exercising the rights from defective performance may be shortened to 12 months; such shortening of the deadline shall be indicated by the Seller in the confirmation of obligations from defective performance or on the sales document. After the expiry of the deadline, the Seller shall not be entitled to claim defects unless the contracting parties agree otherwise or the Seller or the manufacturer provides a special quality guarantee beyond its statutory obligations.

The Buyer shall exercise his or her rights from defective performance without undue delay after discovering that there is a defect in the goods. The Seller is not responsible for increasing the extent of damage if the Buyer uses the goods, although he or she knows about the defect. If the Buyer claims the defect rightfully against the Seller, the time limit for exercising the rights from defective performance does not run for the period during which the goods are under repair and the Buyer cannot use them.

The Buyer acknowledges that in the event of a replacement of goods as part of the settlement of a Complaint, there is no new deadline for exercising the rights arising from defective performance.

The time limit for exercising the rights from defects cannot be considered as a determination of the lifetime of the goods, which differs with respect to the characteristics of the product, its maintenance and correctness and intensity of use, or the agreement between the Buyer and the Seller. If the period of use of the item is determined in accordance with special legal regulations on the item, its packaging or the attached instructions, the time limit shall expire upon the expiry of this period.

V. - Complaint handling

The Seller is obliged to decide on the Complaint immediately, in more complex cases within three business days. This period does not include a period of time appropriate to the type of product or service needed to expertly assess the defect. The Seller is required to provide the buyer with a written confirmation to the Buyer, stating the date and place of the Complaint, the characteristics of the alleged defect, the Buyer's required method of handling the Complaint and the manner in which the Buyer will be informed of its settlement. Complaints, including the elimination of the defects, must be settled 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. The expiry of this period in vain is considered a material breach of the contract. The Seller is obliged to confirm in writing to the Buyer the method of handling the Complaint and its duration. The Buyer is not entitled to change the once chosen method of handling the Complaint without the consent of the Seller, except for the situation when the chosen method of solving is not possible at all or in time.

The Buyer is obliged to collect the claimed goods within 30 days from the day when the Complaint should have been settled at the latest, after this time the Seller is entitled to charge a reasonable storage fee or sell the goods to the buyer’s account . The Seller must notify the Buyer of this procedure in advance and give him or her a reasonable additional period to collect the goods.

VI. - Acceptance quality

The Seller declares that the goods shall be handed over to the Buyer in accordance with the provisions of Section 2161 of the Civil Code, ie:

  • the goods have the properties which the Buyer agreed with the Seller and, in the absence of an agreement, those characteristics that the seller or the manufacturer has described or that the buyer expected due to the nature of the goods and the advertising they carry out, 

  • the goods are suitable for the purpose stated by the Seller or for which a thing of this kind is usually used,

  • the goods are of a corresponding quantity, measure or weight, and

  • the goods comply with legal requirements.

In the event that the goods do not meet the above requirements on receipt by the Buyer, the Buyer has the right to delivery of new goods without defects, unless this is unreasonable due to the nature of the item. If the defect concerns only a part of the item, the Buyer may only require replacement of the part; if this is not possible, he or she may withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.

If the Buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair it, he or she may claim a reasonable discount on the purchase price. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its component or repair the goods, or  if the Seller fails to remedy the goods within a reasonable time or if the Buyer would have considerable difficulties in redressing. 

If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt.

VII. - Seller's liability for a defect that constitutes a material and minor breach of contract

The Seller's liability for defects constituting  a material or minor breach of the contract shall apply to defects of the goods occurring within 24 months for consumer goods, for defects for which the liability for quality at takeover pursuant to Article VI does not apply. A defect is considered a material breach of contract if the Buyer would not conclude the contract if he or she foresees the defect at the conclusion of the contract, in other cases it is a defect that is not a material breach of contract.

If the defect is a material breach of the contract, the Buyer has the right to delivery of a new item, repair, reasonable discount or withdrawal from the contract (with the right to a refund of the purchase price in full). If the defect is a minor breach of contract, the Buyer has the right to remove the defect or a reasonable discount.

The Buyer has the right to a delivery of a new perfect item, to replacement of a part, to discount on the price or withdrawal from the contract, regardless of the nature of the defect, if he or she cannot use the item properly due to recurrence of the defect after repair or due to a larger number of defects.

VIII. - Claim costs and dispute resolution

If the Complaint is recognized as justified, the Buyer has the right to reimbursement of reasonably incurred costs associated with the exercise of his or her right.

If the Seller rejects the Complaint as unjustified, the Buyer, or in agreement with the Seller, both parties, may turn to an expert witness in the field and request an independent expert assessment of the defect.

If no agreement is reached between the Buyer and the Seller, the Buyer may refer to the existing systems of out-of-court settlement of consumer disputes, especially to the system www.vasestiznosti.cz, or to the competent court.

IX. - Contractual quality guarantee

If the Seller has provided a quality guarantee beyond its statutory obligations, its application is governed by these Complaints Rules, unless the Seller's obligation of defective performance (warranty certificate) or the contract provides otherwise.

This Complaints procedure is effective from 1 January 2020.