These Complaints Procedure sets the ways and terms for reporting to us defects in Goods purchased through an e-shop from our company
Company ID: 294 41 200,
Tax ID: CZ29441200,
office registered at Pod Harfou 3/3, Vysočany, 190 00 Prague 9, Czech Republic,
registered in the Commercial Register of the Municipal Court in Prague under file number.
delivery address: Pod Harfou 3/3, Vysočany, 190 00 Prague 9, Czech Republic,
phone number: (+420) 737 427 491,
contact e-mail: email@example.com
This Complaints Procedure is in compliance with the Civil Code of the Czech Republic and with the law No. 634/1991 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Act on consumer protection”) and applies to consumer goods (hereinafter referred to as “Goods”) for which you are entitled to exercise your right to complain about its defective performance under the liability for defects.
This Complaints Procedure is an integral part of the General Terms and Conditions.
By submitting an order, you agree to the General Terms and Conditions and to this Complaints Procedure. By submitting an order, you further confirm that you understood the General Terms and Conditions and the Complaints Procedure.
Definitions of the concepts in this Complaints Procedure take precedence over the definitions
in the General Terms and Conditions. If this Complaints Procedure does not define any concept, such a concept is to be understood in the sense in which the General Terms and Conditions define it. Concepts which none of the previously mentioned documents define, shall be understood as are interpreted in the legislation of the Czech Republic, in particular the Civil Code.
2. What kind of defects of Goods are we responsible for?
Us, the seller is responsible that the Goods are not defective at the moment of delivery. This means, that the Goods when delivered do especially:
- Have properties we have negotiated and if none were negotiated, the Goods have the properties according to the description of the properties of the Goods or such properties you have expected with regard to the nature of the Goods and the advertising we made.
- Are suitable either for operation for which we state they are or for which goods of this kind usually are used for.
- Are in quality or design of a negotiated sample or an original template, if the quality or the design was defined to be according to the negotiated sample or to the original template. Are in the appropriate quantity, proportion or weight and comply with legal requirements.
It is also considered a defect in Goods, such a situation when we deliver to you different Goods than the Goods agreed upon in the Purchase Agreement.
We are further responsible to consumers, that these defects will not occur within the time period for reporting defective performance, specified in Article 3 of this Complaints Procedure. If you are not a consumer, the time period for exercising the right to report defective performance under Article 3 is not applicable. Article 3 applies only to consumers.
We do not provide any guarantee of quality for a consumer, after the legal period of time for reporting of the defective performance has expired.
If you are a legal entity, you are entitled to report a defective performance after the legal period of time for reporting of the defective performance has expired only in case the defect of the Goods was in a due course of incurring a risk of damage to the Goods. In anyevent, a defect occurs upon a violation of any of our obligations, you will be entitled to report the defective performance.
The difference between colour shades in reality and on electronic display devices cannot be considered a defect. If the Goods do not fit your requirement, you have a right to withdraw from the Purchase Agreement within 14 days of receipt of the Goods in compliance with the Article 5 of the General Terms and Conditions.
If you are a consumer and a defect in the Goods occurs within six months after the delivery, it is deemed that the Goods were defective already at the moment of the delivery.
3. What is the deadline to exercise the right to report a defective performance?
In compliance with the Section 2165 (1) of the Civil Code, you are entitled to exercise the right to report a defect that occurs to the Goods within twenty-four months after the date of delivery, this does not apply for:
- The Goods sold at a lower price due to a defect for which the new price was agreed,
- Depreciation of the Goods due to normal usage of the Goods
- The second hand Goods with a defect corresponding to the degree of use and wear that the Goods had when delivered to you.
- Defects arising from the nature of the Goods.
Please note that if the defective Goods are exchanged for new Goods or repaired, the legal period of time to report the defective performance for the replaced Goods or parts does not start over. However, in such a case the period is extended by the amount of time for which you were unable to use the Goods due to the defect, i.e. especially for the period of time for which the Goods are being repaired.
4. What rights do you have in the case of a defective performance
Your rights arising from a defective performance comply with the Civil Code, in particular, Section 2099 to 2117 and, if you are a Consumer, also Section 2165 to 2174.
4.1 If you are a consumer or a legal entity
If the defect in the Goods exists or it is believed to have existed at the time of delivery of the Goods, the following rights apply in the case of a defective performance.
If the defect in the Goods is deemed to be a substantial breach of the Purchase Agreement, these rights apply in the case of a defective performance:
- Removal of the defect by delivering new Goods without defects or by delivering any missing Goods,
- Removal of the defect by repairing the Goods,
- A reasonable discount to the price of the Goods, or
- Withdrawal from the Purchase Agreement.
In the event of a substantial violation of the Purchase Agreement, please notify us without an undue delay, after the defect is noticed, about which of the rights you wish to exercise. Please note that if you do not notify us, you will only be entitled to those rights, which you would be entitled to in an event of a minor violation of the Purchase Agreement. The choice once made can only be changed after consulting us.
If we do not remove a defect within an appropriate amount of time, you may request a reasonable discount from the purchase price instead of the defect removal, or you may withdraw from the Purchase Agreement.
If the defect in the Goods is a minor violation of the Purchase Agreement, you may request:
- removal of defects, or
- a reasonable discount on the purchase price.
If we do not remove the defect on time or if we reject to remove the defect, you may request a discount from the purchase price, or you may withdraw from the Purchase Agreement. The choice once made can only be changed after agreement with us.
Please note that unless you exercise your right for a discount on the purchase price or withdraw from the Purchase Agreement, we are authorized to deliver the missing Goods or to remove a legal defect (especially to deliver missing documents). You can not request the replacement of the Goods or withdrawal from the Purchase Agreement if you can not return the Good in the same condition as it was when you received it. This does not apply if:
- there has been a change in the conditions of the Goods as a result of the inspection to find any defects in the Goods,
- you have used the Goods before discovering the defect,
- you have not, by your action or negligence caused this situation, or
- you sold the item before the defect was discovered, you consumed, or changed the Goods in the extent of a standard usage, if that occurred partially, you will return to us what is acceptable to be returned and compensate us up to the amount, corresponding to your benefit from the usage of the Goods.
4.2 Only if you are a consumer:
If the defect in the Goods occurs within the 24 months period from the delivery of the Goods (in case of used Goods 12 months after the delivery of the Goods), the following rights are applicable due to the defective performance:
- You have the right to request us to replace the Goods when:
- During the period for exercising the right to report defective performance, the Goods will lose one of its features listed in Article 2 of the Complaints Procedure and it is not disproportionate due to the nature of the defect,
- The defect is irreparable,
- The Goods cannot be used properly because the defects reappear after repaired, or there is a larger number of defects in the Goods.
You may not request the replacement of the Goods if it is inappropriate in regard to the nature of the defect in the Goods, especially if the defect can be removed without undue delay. In this case, you are entitled to a free removal of the defect.
The right to replace the Goods does not apply to you also in cases when only a part (component) of the Goods is defective.
Requesting replacement of the Goods is not possible in case of used Goods or the Goods sold at a lower price. Instead, you can request a reasonable discount on the purchase price.
- You have the right to request us to replace the defective part of the Goods if:
- only single part (component) of the Goods is defective,
- the defect is irreparable,
- The Goods cannot be used properly because the defects reappear after repaired, or
- there is a larger number of defects in the Goods.
- You are entitled to request an appropriate discount on the purchase price if:
- You do not choose the right to withdraw from the Purchase Agreement, to replace the defective Goods or part of the Goods or to repair the Goods
- We are not able to replace or repair the Goods or their parts (for example, the Goods are no longer manufactured)
- We are not able to remedy the situation within a reasonable amount of time, or in cases where such a remedy would cause you serious difficulties, or
- The Goods have a defect for which we are responsible, and the Goods is sold at a lower price or the used Goods.
- You have the right to withdraw from the Purchase Agreement if:
- The fault is irreparable,
- The Goods cannot be used properly because the defects reappear after repaired, or
- There is a larger number of defects in the Goods.
- We are not able to replace or repair the Goods or their parts (for example, the Goods are no longer manufactured),or
- it is not possible to replace the defective Goods or a part of the Goods for nondefective.
5. When can the right to report a defective performance not be exercised?
You are not entitled to report a defective performance if:
- You were aware of the defect before you received the Goods,
- You have caused a defect yourself, or
- The period for exercising the right to report a defective performance has expired.
Rights to report a defective performance also do not apply to:
- Depreciation of the Goods caused by its standard usage,
- Defects in the used Goods corresponding to the degree of depreciation that the Goods had suffered at the time you received it,
- The Goods sold at a lower price – only if related to the defect for which the lower price was arranged, or
- if it results from the nature of the Goods.
6. How to proceed with Complaints Procedure?
A Complaints Procedure, the exercising of the right to report a defective performance should be done without undue delay, after the discovery of the defect. In compliance with the Consumer Protection Act, we accept complaints:
- At any our office where acceptance of the complaint is possible with regard to the range of goods,
- At our headquarters,
- At our registered office;
- With a person stated as responsible to accept customer complaints about the duration of their right to report a defective performance, pursuant to Section 2166 of the Civil Code.
We recommend that you contact our workshop / the person responsible for customer complaints to resolve your complaint as quickly as possible.
6.1 Recommended process for a Complaints Procedure:
- For faster resolution of yourcomplaint, you may inform us about the complaint in advance by phone, e-mail or in writing,
- Also, we advise you to inform us in your complaint, which of the rights you have chosen to exercise, ie whether in compliance with the Complaints Procedure, you wish us to proceed with repairing the Goods, exchanging the Goods or parts of the Goods, withdraw from the Purchase Contract, discounting the purchase price or eventually other rights compliant with the Complaints Procedure and the Civil Code,
- How will you deliver to us the Goods that is the subject of your complaint (other than a COD which we do not accept) and we recommend that you pack the Goods in a suitable package in order to avoid damage or destruction,
- In order to simplify the process, it is advisable that you attach to the Goods a proof of purchase of the Goods or a tax document – an invoice, if issued, or another document proving the purchase of the Goods, together with a description of the defect and a proposal for a complaint procedure settlement.
Failure to comply with any of the above steps, or failure to submit any of the above documents, is not a reason for the complaints procedure not being processed successfully in compliance with the law.
The complaints procedure starts at the moment when an occurrence of a defect has been reported to us and the right arising from the liability for the defects of the sold Goods has been exercised.
We are resolving a complaint immediately when received, in complicated cases within three business days. This period does not include the time needed to assess the defect expertly according to the type of product or service. The complaint, including the removal of a defect, will be finished without undue delay, no later than 30 days after the date the procedure started, unless we agree on a longer period.
In the complaints procedure, we will issue a written acknowledgment for you stating the date and time when you have exercised the right to complain, what is the subject of the complaint and what form of complaint settlement you request, and further (after the complaint has been settled) we will issue a confirmation stating the date and way of processing the complaint, including a confirmation about performing the repair and its duration and eventually a written justification of the refusal of your complaint.
In accordance with the Civil Code, you are entitled to reimbursement of the purposeful expenses incurred when making a complaint. Please note that you have to claim the right to reimbursement within one month period following the deadline for reporting a defect.
This Complaint Procedure Code is valid and effective from1.10. 2018.