Claims for goods
As a proof of warranty, the seller issues a proof of purchase (invoice – tax document) for each purchased goods with the statutory information required to claim the warranty.
- Time limit for exercising rights arising from defective performance
The time limit for exercising the right of defective performance begins on the date of receipt of the goods by the buyer, i.e. on the date indicated on the proof of purchase.
The time limit is:
- 24 months for new (including unpacked) goods;
- for used goods 12 months (used goods are goods that are used or serviced without defect, where the completeness of the packaging does not prevent the full use of the product).
- In the case of consumer goods, the buyer is entitled to exercise the right of defect within twenty-four (24) months; however, if the goods do not bear an expiry date, in such a case the period is reduced only to the date marked on the packaging of the goods.
For a business buyer, the time limit for exercising the rights of defective performance may be regulated differently if this is expressly stated for the type of goods in question, the time limit so stated shall prevail. (If the goods are intended for business use, the business buyer may claim for a defect detected upon receipt. This does not apply to non-business organisations, e.g. foundations, associations, schools, churches, etc., or if the goods are not used for business purposes.)
The period ends on the day which coincides numerically with the day on which it began and the corresponding number of months later.
The rights of liability for defects in the goods for which the guarantee of quality applies shall lapse if they have not been exercised within the period specified.
In the event of a claim being settled by means of a replacement of the goods, no new time limit shall run; the time limit starting on the date of receipt of the goods by the purchaser shall be decisive.
- Quality on receipt
The seller is liable to the buyer that the goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods,
- the goods have the characteristics agreed between the parties and, in the absence of agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them.
- the thing is fit for the purpose for which the seller states it is to be used or for which a thing of that kind is usually used.
- the item is in the appropriate quantity, measure or weight.
- the goods comply with the requirements of the law.
- If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective when the buyer took possession of it, unless the seller proves otherwise.
- Inspection of goods on receipt
Upon personal receipt from the Seller, the Buyer shall inspect the goods received, their completeness and the integrity of the packaging.
Upon receipt from the carrier, the Buyer shall check the condition of the shipment properly and carefully (in particular the number of packages, the integrity of the company logo tape, the integrity or damage to the packaging).
The buyer shall also check the completeness of the goods on the day of receipt, in particular that the package contains everything it is supposed to contain.
Any discrepancies should be reported to the Seller upon personal receipt on the spot, upon receipt from the carrier they should be noted in the carrier’s handover report or the Buyer may refuse to accept the shipment, or it is always possible to report them by e-mail to firstname.lastname@example.org . Furthermore, the Seller recommends attaching photo documentation of damage and packaging in the case of receipt from the carrier.
These arrangements are without prejudice to the statutory time limit for the exercise of rights arising from defective performance. An additional claim of incompleteness or external damage to the shipment does not deprive the buyer of the right to claim the item, but gives the seller the opportunity to prove that there is no breach of the purchase contract.
- Exercise of the claim
Before dispatching the goods, we recommend that you make sure that the goods are within the statutory warranty period, i.e. the period of 24 months from receipt of the goods or the expiry date marked on the packaging has not expired. The Buyer may make a claim in person at the Seller’s premises at Lazaretní 1/7, Brno, 61500, Czech Republic, or send the claim to the address of the Seller’s premises. The shipment must contain the claimed goods. Furthermore, the Seller recommends enclosing a copy of the proof of purchase or other appropriate proof of the warranty of the goods, a detailed description of the defect and sufficient contact details of the Buyer (especially return address and telephone number). Without the above, it is impossible to identify the origin and defect of the goods.
Please note – do not send the parcel by cash on delivery. Goods sent on COD will not be accepted.
The seller also recommends that you choose the desired method of complaint handling (repair, replacement, credit note). The buyer cannot subsequently change the choice made without the seller’s consent. However, this does not apply if the buyer has requested the repair of an item that proves to be beyond repair or is not repaired in time.
The Seller shall issue the Buyer with a written confirmation of when the claim was made, what its content is, what method of handling the claim is required, by email immediately after receipt of the claim, in the case of a personal claim it is forwarded immediately.
The Buyer is aware that if he fails to deliver the claimed goods including all accessories received, then in the event of the Buyer’s withdrawal from the contract, the Buyer will be refunded the purchase price reduced by the price of the undelivered accessories.
Breach of the protective seal, informative sticker or serial number puts the buyer at risk of rejection of the claim, unless the damage occurs in normal use. The seals and serial numbers are an integral part of the goods and in no way restrict the customer’s right to use and handle the goods to the full extent of their intended use.
Furthermore, the warranty does not cover damage caused by (where such activity is not normal and yet not prohibited in the enclosed instructions for use):
- mechanical damage to the goods,
- electrical surges (visibly burnt components or circuit boards), except for normal deviations,
- the use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the seller or the manufacturer,
- improper installation, handling, operation or neglect of the goods,
- damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
- unqualified intervention or alteration of parameters,
- goods that have been modified by the customer (painting, bending, etc.), if the defect is the result of such modification,
- damage caused by natural elements or force majeure,
- the use of incorrect or defective software,
- the use of incorrect or non-original consumables, or for any damages resulting therefrom, unless such use is customary and has been excluded in the enclosed instructions for use.
- These limitations do not apply if the features of the goods which are contrary to the above conditions have been expressly agreed, exchanged or declared by the buyer and the seller, or can be expected due to the advertising or the usual use of the goods.
- Defect testing
Goods submitted for complaint will only be tested for the defect indicated by the Buyer (in the complaint form, in the attached defect description sheet). The Seller recommends a written form for indicating the defect, which also means electronic communication.
Before the paid repair is carried out, the Buyer shall be informed of the price of the repair, its scope and the time required for its execution. A paid repair can only be carried out after the Buyer has expressly agreed to it, after being informed in accordance with the previous sentence.
If the Buyer is a business and the claim is rejected, the Buyer acknowledges that the Seller is entitled to invoice the Buyer for the cost of diagnosing the defect and shipping.
- Refusal to accept a claim
The Seller shall have the right to refuse to accept the goods for complaint in cases where the goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for complaint.
- Buyer – consumer
In accordance with the provisions of Section 2, paragraph 1, letter a) of Act No. 634/1992 Coll., on Consumer Protection, as amended, a consumer is a natural person who does not act within the scope of his business activity or within the scope of independent exercise of his profession.
If the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect.
The Seller shall settle the complaint including the removal of the defect without undue delay, at the latest within 30 days from the date of the complaint. The period of 30 days may be extended after the claim has been made by agreement with the consumer – such extension shall not be for an indefinite or unreasonably long period. After the expiry of the time limit or the extended time limit, the defect shall be deemed to have actually existed and the consumer shall have the same rights as if it were a defect that could not be remedied.
- Buyer – entrepreneur
If the buyer is an entrepreneur, the seller undertakes to decide on the complaint within 40 days from the date of the complaint. The buyer-entrepreneur will be informed of this decision by contact email.
The Seller shall provide the Buyer with a written confirmation of the date and manner in which the claim was settled, including confirmation of the repair and the duration of the claim or the reasons for rejecting the claim. After the claim has been settled, the Seller shall notify the Buyer of the termination of the claim either by telephone or by e-mail. If the goods have been sent by a shipping service, they will be automatically sent to the Buyer’s address after settlement.
After the settlement of an accepted claim by repair or replacement, the warranty of the equipment is extended for the duration of the claim. The duration of the claim is calculated from the day after the claim is made to the day on which the buyer is informed of the settlement.
The Buyer shall be entitled to reimbursement of the reasonable costs incurred in pursuing a valid claim. These costs are understood to be the least necessary. In particular, the postage costs for sending the claim. These costs may not include the car journey for the claim and express transport and other similar costs. Reimbursement of costs must be requested without undue delay, but at the latest within 1 month of the end of the period for exercising rights under the defective performance.
The buyer is obliged to check the goods received and their conformity with the dispatch protocol of the claim. The buyer shall also check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain. Later objections shall no longer be taken into account.
These arrangements are without prejudice to the statutory time limit for the exercise of rights arising from defective performance.
The buyer is obliged to accept the claim without undue delay within 30 days of being informed of the settlement of the claim; this period may not expire earlier than 60 days after the claim has been submitted.
If the complaint is not accepted by the Buyer no later than on the last day of the deadline, the Seller will be charged a storage fee of 20,- CZK including VAT for each day of delay.
If the buyer does not collect the goods from the settled claim within 6 months from the date of being informed about the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
When the goods are released or the credit note is paid in cash after the claim has been settled, the buyer must present the document on the basis of which the item was accepted for claim and must prove his identity with a valid identity document (ID card, passport) in order to prevent damage and prevent the laundering of proceeds of crime. Without the presentation of one of these documents, the seller may refuse to issue the goods or to issue a credit note. If the buyer is a legal person, the goods will be issued or the credit note paid only to the legal person’s statutory body or to a person who presents a certified power of attorney.
CONSUMABLES AND MINIMUM LIFETIME
If the subject of the purchase is consumables or if such consumables are part of the goods purchased, the lifetime shall apply instead of the quality guarantee. The service life may be stated in terms of time, the period of the goods or the number of uses or otherwise similarly specified. More than one of these durabilities may be specified for the goods. To make a successful claim, it is necessary to comply with all the conditions stated.
The buyer’s right to claim the goods within the statutory warranty period is not affected. However, the buyer must take the above into account, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product. The lifetime of the goods is the susceptibility to wear and tear caused by normal use. If you use (not own) the goods for longer than their normal life, it is likely that the defect is due to normal wear and tear, but it is not impossible that it is actually a warranty defect.
The seller is obliged to indicate the lifetime of the goods offered, otherwise he is not able to invoke this lifetime.
The rights of the buyer under the law are not affected by this Complaints Procedure.