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Issued by ZEMAN / TECHNOGROUP s.r.o. (the "Seller")
It is used 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 taken over by the buyer in accordance with the purchase contract or if there is a defect in the purchased goods, the buyer may exercise his right with the seller from liability for defects of the goods. A change in the characteristics of the goods that occurred during the warranty period due to wear and tear or improper use or improper intervention cannot be considered a defect.
If the buyer exercises the right of liability for defects of the goods (hereinafter referred to as complaints), the store manager or the authorized worker is obliged to decide on the legitimacy of the complaint immediately, in more complex cases within 3 working days. This period does not include the time required for the professional assessment of the defect. A staff member responsible for handling complaints must be present at the premises throughout the opening hours.
Complaints, including the removal of the defect, must be dealt with:
- without undue delay, no later than 30 calendar days from the date of its application,
- or within a longer period on which the seller and the buyer can agree.
After the expiry of the time limit for handling the complaint, the buyer has the same rights as if it were a defect that cannot be remedied under Article 6 of these Complaints Regulations.
The store manager or the worker authorised by him shall accept the complaint if the goods are properly cleaned, dried and the assessment of the claim does not preclude the general principles of hygiene.
PLACE WHERE THE CLAIM IS MADE
The buyer should make the claim preferably in the shop 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 claim is possible, taking into account the range of goods sold,
- 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 complaint, he also proves the place , price of the goods and the time of purchase of the goods, which he will best prove by sales document, warranty certificate or other plausible means.
TIME LIMIT FOR MAKING A CLAIM
The seller is responsible for the fact that the sold thing is in conformity with the purchase contract when taken over by the buyer, as well as for defects that occur after the buyer has taken over the property within the warranty period.
The time limit for making a claim (warranty period) is 24 months from the date of receipt of the goods in the shop. At the request of the buyer, the seller is obliged to issue a warranty certificate to the buyer at the time of sale, indicating the scope and terms of the warranty. If the nature of the case so allows, proof of purchase of the goods is sufficient instead of the guarantee certificate. The right to claim the goods to the buyer expires 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 claim 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, purpose and differences in intensity of use.
If the complaint is dealt with in exchange for new goods, the time limit for making the claim runs again from the moment the new goods are taken over by the buyer.
CONFLICT WITH THE PURCHASE CONTRACT
In the event that the goods are not in conformity with the purchase contract upon receipt by the buyer, the buyer has the right to have the seller put the goods free of charge in the condition that corresponds to the purchase contract, according to the buyer's request either by exchanging the item or 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 conflict with the purchase contract before taking over the case or the conflict with the purchase contract itself caused.
If this does not conflict with the nature of the case or if it is not proved otherwise, a conflict with the purchase contract, which manifests itself during the first six months from the date of receipt of the item, shall be considered as a contradiction existing already at the time of receipt of the goods.
Reparable defects shall be deemed to be defects where their removal does not affect the appearance, function and quality of the products and the repair may be carried out properly within the time limit laid down. The period for correcting the defect may not exceed 30 calendar days or a longer period agreed by the seller and the buyer. It is for the seller to assess the nature of the defect.
The seller is obliged to bring the item into the condition corresponding to the purchase contract free of charge and without undue delay, according to the buyer's request, either by exchanging the item, unless it is disproportionate to the nature of the defect or its repair. 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.
In the case of a removable defect of goods already used, the buyer has the right to request only free, timely and orderly removal of the defect, while the seller has an obligation to remove 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 end of the repair 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 claim, as well as about the repair and the duration of the claim
Defects which cannot be completely rectified within the time limit laid down and which prevent the product from being properly used shall be considered as irremmable defects. In the case of an irreparable defect, the buyer may require:
- replacement of goods for other impeccable,
- cancellation of the purchase contract (the buyer returns the defective goods and receives back 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 item, the buyer arises the right to a reasonable discount on the price of the goods or can withdraw from the contract.
The buyer has the same rights as in the event of non-removable 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 second-hand 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 inform the buyer that the product has a defect and what defect it is, unless it is already apparent from the nature of the sale. The seller is not liable for such defects of new or used products for which a lower price has been agreed. If there is a hidden defect in a product sold at a lower price that prevents the use for the purpose from a functional point of view, the buyer has the right to claim the product in accordance with Articles 3, 4, 5 and 6 of these Complaints Regulations. If there is another non-remedible defect on a product sold at a lower price but which does not prevent it from being used for the purpose, the buyer shall have the right to a reasonable discount on the price of the product.
For items used, the warranty period can be reduced to 12 months, provided that the seller thus agrees with the buyer. The seller is then obliged to indicate this period in the proof of purchase of the thing.
If the price of the goods has been reduced due to sale or postseason resale and it is a sale of new impeccable goods, the seller is responsible for defects in the goods thus sold in its entirety.
In disputes arising in the context of the complaint procedure, the court decides.
In Prague, on January 1, 2014
Signature of a company representative:
The Complaints Procedure takes effect and is in force on January 1, 2014!
Published by: TECHNOGROUP s.r.o., Ceskomoravska 1181/21, 190 00 Prague 9
fax: +420 573 902 055
Registration number: 2-2014