Complaints Procedure

Complaint

I.- Introductory provisions

The buyer's rights from defective performance (hereinafter referred to as "complaint") must always be exercised in accordance with this complaint regulation. Matters not regulated by this complaint procedure are governed by the legal system of the Czech Republic. The seller will familiarize the buyer with this complaint procedure in an appropriate way and, at the buyer's request, will hand it over to him in text form. This complaint procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection as of 1/11/2019.

  1. - The seller is not responsible for defects in these cases
  • if there is a defect in the item at the time of acceptance and a discount from the purchase price is agreed for such a defect,
  • if the goods are used and the defect corresponds to the degree of use or wear and tear the goods had when the buyer took them over,
  • a defect arising on the item due to wear and tear caused by normal use, or if this results from the nature of the item (e.g. expiry of its useful life),
  • is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage,
  • the defect arose as a result of an external event beyond the seller's influence.
  1. - Making a complaint

The buyer has the right to file a complaint with the seller, in any of his establishments, in which acceptance of the complaint is possible with regard to the range of goods sold, or even at his headquarters or place of business. The seller ensures the presence of a worker authorized to receive complaints during the entire operating time. The complaint can also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.

 

The buyer is obliged to prove that he has the right to make a claim, in particular to document the date of purchase, either by presenting a sales document or by confirming the seller's obligations from defective performance of the warranty certificate, or in another plausible way. The buyer is not entitled to make a claim for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price has been provided for it.

 

If the exercise of the right due to defects should cause significant difficulties for the consumer, especially because it is not possible to transport the item to the place of application of the complaint in a normal way or it is a product that is assembled or part of the real estate, the seller will assess the defect in agreement with the buyer either on the spot, or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.

  1. - Deadline for exercising rights

The buyer can exercise his rights from defective performance within a period of 24 months, when selling consumer goods, from the receipt of the goods. For used goods, the period for exercising rights from defective performance can be shortened to 12 months, such shortening of the period will be indicated by the seller in the confirmation of obligations from defective performance or on the sales document. After the expiry of the period, the right from defects cannot be exercised with the seller, unless the contractual parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond the scope of his legal obligations.

The buyer shall exercise his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims a defect against the seller, the period for exercising rights from defective performance does not run for the period during which the goods are being repaired and the buyer cannot use them.

The buyer acknowledges that in case of exchange of goods as part of handling a complaint, there is no new deadline for exercising rights from defective performance.

The deadline for exercising rights from defects cannot be considered as a determination of the product's lifespan, it varies with respect to the product's characteristics, its maintenance and correctness, and the intensity of use or the agreement between the buyer and the seller. If, in accordance with special legal regulations, a time limit for the use of the thing is marked on the thing being sold, its packaging or the instructions attached to it, the period ends when this time limit expires.

  1. - Complaint settlement

The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer stating the date and place of the claim, the characteristics of the alleged defect, the buyer's requested method of settlement of the claim and the manner in which the buyer will be informed about its settlement. The complaint, including the removal of the defect, must be handled 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. Missing this deadline is considered a material breach of contract. The seller is obliged to confirm in writing to the buyer the method of settlement of the complaint and its duration. The buyer is not entitled to change the once-selected method of settlement of the complaint without the consent of the seller, except in situations where the chosen method of settlement cannot be carried out at all or in time.

The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the seller is entitled to charge a reasonable storage fee or to sell the goods himself at the buyer's expense. The seller must inform the buyer about this procedure in advance and provide him with a reasonable additional period to take over the goods.

  1. - Quality on receipt

The seller declares that he hands over the goods to the buyer in accordance with the provisions of § 2161 of the Civil Code, i.e.:

  • the goods have properties that the buyer and the seller have agreed upon, and in the absence of an agreement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are suitable for the purpose that the seller states for their use or for which a thing of this type is usually used,
  • goods are things in the corresponding quantity, measure or weight and
  • the goods comply with the requirements of legal regulations.

In the event that the goods upon acceptance by the buyer do not meet the above requirements, the buyer has the right to delivery of new goods without defects, if this is not unreasonable due to the nature of the item. If the defect concerns only a part of the thing, the buyer can only demand the replacement of the part; if this is not possible, he can 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 remove the defect free of charge.

If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair it, he can demand a reasonable discount from the purchase price. The buyer has the right to a reasonable discount even if the seller cannot supply him with new goods without defects, replace its part or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.

If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

  1. - The seller's liability for a defect that is a material and non-material breach of contract

The seller's liability for defects that are a material or non-material breach of the contract shall be applied to product defects arising within 24 months for consumer goods, namely for defects for which the responsibility for quality upon acceptance pursuant to Article VI does not apply. . A defect is considered a material breach of contract if the buyer would not have concluded the contract if he had foreseen the defect when concluding the contract, in other cases it is a defect that is not a material breach of contract.

If the defect is a substantial breach of contract, the buyer has the right to deliver a new item, a repair, a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price). 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 the delivery of a new flawless item, replacement of a part, price discount or withdrawal from the contract, regardless of the nature of the defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects.

  1. - Claims and dispute resolution costs

If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs incurred in connection with the exercise of his right.

In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request the processing of an independent professional assessment of the defect.

If no agreement is reached between the buyer and the seller, the buyer can turn to the existing systems of out-of-court resolution of consumer disputes, in particular the www.vasestiznosti.cz system, or to the relevant court.

  1. - Contractual guarantee for quality

If the seller has provided a guarantee for quality beyond the scope of his legal obligations, its application is governed by these complaints regulations, unless the confirmation of the seller's obligations from defective performance (warranty certificate) or the contract stipulates otherwise.

This complaint procedure is effective from 1.1. 2024