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Issued by TECHNOGROUP s.r.o. (hereinafter referred to as "seller")
It serves to ensure the correct procedure for the application and handling of complaints of defects in consumer goods.
It was drafted within the meaning of Act No. 40/1964 Coll., the Civil Act as amended and Act No. 634/1992 Coll., on Consumer Protection as amended.
BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS
If the sold item is not in conformity with the purchase contract at the time of receipt by the buyer or if there is a defect in the purchased goods, the buyer can exercise his right with the seller out of liability for defects of the goods. A change in the characteristics of the goods that arose during the warranty period due to wear or improper use or improper intervention cannot be considered a defect.
If the buyer exercises the right of liability for defects of goods (hereinafter referred to as complaints), the store manager or the employee authorized by him is obliged to decide immediately, in more complex cases within 3 working days. This period does not include the time needed to assess the defect professionally. The employee in charge of handling complaints must be present at the premises throughout the operating hours.
Complaints, including the removal of defects, must be dealt with:
- without undue delay, no later than 30 calendar days from the date of its application,
- or within a longer period of time, which the seller and the buyer can agree on.
After the futile expiry of the deadline for handling the complaint, the buyer has the same rights as if it were a defect that cannot be removed pursuant to Article 6 of these Complaints Procedure.
The store manager or the store manager or the person authorised by him shall accept the complaint if the goods are properly cleaned, dried and the assessment of the complaint does not prevent the general principles of hygiene.
PLACE TO MAKE A COMPLAINT
The buyer should make the complaint preferably in the store where the goods were purchased. However, the buyer has the right to make a claim:
- in any establishment belonging to the seller in which acceptance of the complaint is possible, taking into account the assortment of goods sold,
- at the seller's place or registered office.
The buyer is obliged to prove that his claim is justified, i.e. that in addition to the reproach of defects, he also proves the place , the price of the goods and the time of purchase of the goods, which he proves best with a sales document, warranty certificate or other credible way.
TIME LIMIT FOR MAKING A COMPLAINT
The seller is responsible for the fact that the sold goods are in conformity with the purchase contract upon receipt by the buyer, as well as for defects that occur after receipt of the goods by the buyer within the warranty period.
The period for making a complaint (warranty period) is 24 months from the date of receipt of the goods in the store. At the buyer's request, the seller is obliged to issue a warranty certificate to the buyer when selling, ingerd the scope and conditions of the warranty. If the nature of the case allows, proof of purchase of the item is sufficient instead of a warranty certificate. The right to claim the goods to the buyer will expire if it has not been exercised within the warranty period.
The complaint should be made by the buyer without undue delay immediately after the defect has been detected, so that the complaint can be properly assessed and settled. The warranty period cannot be confused with the normal service life of the goods, i.e. the period during which, with proper use and care, the goods can withstand due to their characteristics, given the purpose and the difference in the intensity of use.
If the complaint is s handled by replacing defective goods with new ones, the deadline for making a complaint runs again from the moment the buyer takes over the new goods.
CONFLICT WITH PURCHASE CONTRACT
If the goods are not in conformity with the purchase contract when they are taken over by the buyer, the buyer has the right to have the seller put the goods free of charge in a condition that corresponds to the purchase contract, either by replacing the item or by repairing it, if such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the breach of the purchase contract before taking over the thing or caused the conflict with the purchase contract himself.
If this does not contradict the nature of the case or unless proven otherwise, a conflict with the sales contract which occurs within the first six months of the date of receipt of the item shall be deemed to exist at the time of receipt of the goods.
Defects shall be considered removable defects where their removal does not affect the appearance, function and quality of the products and the repair can be carried out properly within the specified time limit. The time limit for the removal of the defect may not exceed 30 calendar days or a longer period agreed between the seller and the buyer. The seller is obliged to assess the nature of the defect.
The seller is obliged to bring the case into the condition corresponding to the purchase contract free of charge and without undue delay, according to the buyer's request either by replacing the goods, if this is not disproportionate to the nature of the defect, or by repairing it. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the thing or withdraw from the contract.
If the defect of the already used goods is removable, the buyer has the right to request only free, timely and proper removal of the defect, while the seller is obliged to remedy the defect without undue delay.
The period from the claim to the time when the buyer was obliged to take over the goods after the repair is over does not count towards the warranty period. The seller is obliged to issue the buyer with a confirmation (complaint ticket) about when he made the complaint, as well as about the execution of the repair and the duration of the
Defects which cannot be fully rectifiable within the time limit laid down and which prevent the product from being properly used shall be considered as irreparable defects. If there is an irreparable defect, the buyer may require:
- exchange of goods for other impeccable,
- cancellation of the purchase contract, (the buyer returns the defective goods and receives a refund of the purchase price).
If there is another irreparable defect in the goods that does not prevent its use and if the buyer does not require the replacement of the goods, the buyer is entitled to a reasonable discount on the price of the goods or may withdraw from the contract.
The buyer has the same rights as in the event of irreparable defects even if the goods are the same removable defect after the previous two repairs or if there are at least three removable defects on the goods at the same time.
GOODS SOLD AT LOWER PRICES
Products which have defects (defective new products or used products) which do not prevent the product from being used for its intended purpose must be sold only at lower prices. It is necessary to warn the buyer that the product has a defect and what defect it is, unless it is already obvious from the nature of the sale. The seller is not responsible for such defects of new or used products for which a lower price has been agreed. If a hidden defect admously presents a defect in the product sold at a lower price which prevents functional use for the purpose, the buyer has the right to claim the product in accordance with Articles 3, 4, 5 and 6 of these Complaints Procedure. If there is another irreparable defect on the product sold at a lower price, but this does not prevent it from being used for the purpose, the buyer has the right to a reasonable discount on the price of the product.
For used items, it is possible to shorten the warranty period to 12 months, provided that the seller agrees with the buyer in this way. The seller is then obliged to state this period in the proof of purchase of the goods.
If the price of the goods has been reduced due to a sale or post-season resale and if it is a sale of new impeccable goods, the seller is responsible for the defects of the goods sold in full.
In disputes arising out of the complaint procedure, the court decides.
In Prague, 1 January 2014
Signature of a company representative:
The Complaints Procedure takes effect and is valid on 1 January 2014!
Published by TECHNOGROUP s.r.o., Ceskomoravska 1181/21, 190 00 Praha 9
fax: +420 573 902 055
Registration number: 2-2014