The Complaint Procedure Code is an integral part of Miobchod.cz's General Business Terms, Marek Látal, Hekrova 821/1, Praha 4, 149 00 and describes how to deal with the complaint of goods purchased from the Seller.
The buyer, who may be an entrepreneur or a consumer, is obliged to become acquainted with the Complaints Procedure and the General Terms and Conditions before the ordering of the goods.
By concluding the purchase agreement and taking over the goods from the seller, the buyer agrees to this Complaint Procedure. Definitions of the terms contained in this Complaint Rules take precedence over the definitions in the GBC. If this Complaint Code does not define the term, it is understood in the meaning as defined in the GBC. If not defined there, it understands the meaning in which it uses valid and effective legislation.
The takeover of the goods by the entrepreneur is the moment of its handover to the buyer or the buyer. first carrier. If the buyer is a consumer, the moment of taking over the goods by the consumer from the seller or take-over from the carrier.
As proof of warranty (warranty card), the seller issues a purchase receipt (invoice or cash receipt - the warranty card) for each purchased item, with all the required data for the warranty (in particular the name of the goods, the price, the quantity).
At the buyer's request or automatically selected products, the seller will provide the warranty in writing (warranty). The warranty sheet includes the seller's business name, its identification number and registered office. By default, however, if the nature of the matter so permits, the seller issues a proof of purchase of the item containing the data in place of the warranty.
If this is necessary in the light of the warranty provided, the seller shall explain in a comprehensible manner the contents of the warranty, indicating its scope, conditions, validity and the manner in which the claims arising from it may be exercised. In the warranty card, the seller also states that the warranty does not affect the buyer's rights to buy the item.
The warranty period begins to run on the day of receipt of the goods by the buyer, ie on the date stated on the warranty card.
When selling consumer goods, the statutory guarantee period is 24 months * for the consumer **, unless the special legal regulation stipulates a longer period. Seller may extend this statutory period. Rights of liability for defects in goods for which the warranty period is valid shall expire if it has not been exercised in the warranty period.
For selected products, the warranty period is shortened if the buyer is an entrepreneur or a legal entity. Here the warranty period is 12 months from the date of purchase or receipt. This fact is in accordance with the Commercial Code § 429 (1) and (2).
If the purchaser is a consumer within the statutory warranty period, the claim is governed by Act No. 40/1964 Coll., The Civil Code and the Consumer Protection Act No. 634/1992 Coll., Both laws in force and effect, taking into account specified in this Complaint Procedure. For extended periods, claims are governed solely by this Complaints Procedure.
* Exemption can consist of goods sold at a discount (goods damaged, used, incomplete, etc. - such a characteristic is always given for goods - if it is not, it is considered to be new, undamaged and complete). If the buyer is a consumer and if the goods are used, the seller is not responsible for defects corresponding to the degree of use or wear and tear that the buyer has assumed at the moment of taking over, and the liability for defects in the case ceases to exist if it has not been filed within 12 months from the date of receipt of the case buyers. This time is stated by the seller in the proof of sale of the item and sufficiently significantly also for the goods offered and in the confirmation of the order. For items sold at a lower price due to a defect or incompleteness, the warranty does not apply to defects for which the lower price has been agreed.
** For selected products, the manufacturer is a guarantee for non-consumer buyers limited. The legal rights of the end customer (consumer) are not affected in any way, and the warranty is subject to the law.
I. The buyer who is not a consumer is obliged and the buyer who is the consumer is advised to immediately check the delivery status of the parcel (parcel number, box damage), along with the carrier, at delivery, according to the enclosed shipping slip. The buyer is entitled to refuse to accept the shipment that is not in conformity with the purchase contract, with the fact that the shipment is, for example, incomplete or damaged. If the buyer has received such a damaged shipment from the carrier, it is necessary to describe the damage in the delivery note of the carrier.
II. An incomplete or damaged consignment must be immediately notified and written down with the carrier, and without undue delay sent by e-mail or by post to the vendor. An additional claim of incompleteness or external damage to the consignment does not exempt the buyer from the right to complain, but gives the seller the opportunity to prove that there is no conflict with the sales contract.
III. The complaint shall be made in writing to the email@example.com e-mail address of the seller.
IV. The buyer may send the defective goods to the claim by the shipping service to the address of the seller's seat. The package should be clearly marked "REKLAMACE" and include: the goods claimed (including complete accessories), we recommend to attach a copy of the purchase document, a detailed description of the defect and sufficient contact details buyer (especially return address and phone number). Without the foregoing, it is impossible to identify the origin or defect of the goods. This procedure is recommended to the buyer as well, unless he / she can prove and do not submit the facts otherwise. We also recommend choosing the way you want your complaint to be processed (see below).
V. Buyer, who is not a consumer, will prove the validity of the guarantee by submitting a purchase document, if it has been claimed in the past, also proof of the claim. The purchase receipt (purchase or proof of receipt) must be the same serial number as on the product complained of (if the product has a serial number). This procedure is also recommended to a buyer who is a consumer unless he / she can prove otherwise and do not submit the facts.
VI. The Seller is not responsible for defects in goods caused by unprofessional or unauthorized interference (including alteration or other interference with the software), use contrary to the operating instructions, intrusion of foreign substances into the instrument, improper maintenance, damage due to an inevitable event (natural disaster), mechanical damage customer's fault if the device is connected to a voltage other than the specified voltage, overvoltage, or if the fault has been caused in connection with non-standard accessories. Improper and unauthorized interference is, in particular, the handling of a device in which there is a breach of protective elements (seals or overprints) protecting sensitive technical features inside the device. Rights may not be exercised when modifications, modifications or adaptations are required leading to the extension of the functions of the equipment over the purchased design or the possibility of its operation in technical conditions other than those for which it was designed, manufactured and approved.
VII. By breaking a security seal, an informative sticker or a serial number, the buyer is at risk of declining the claim, unless damage occurs during normal use. Seals and serial numbers are an integral part of the product and do not limit the right of the customer to use and manipulate the goods to the full extent of what the goods are intended for.
Furthermore, the warranty does not apply to damages incurred (if such activity is not an ordinary activity and is not prohibited in the enclosed instruction manual):
These limitations do not apply if the characteristics of the goods that are inconsistent with the above conditions are explicitly agreed upon by the buyer and seller, are denounced or declared by the seller, or they can be expected due to the advertisement or the usual way of using the goods.
VIII. The goods handed over to the claim will only be tested for the defect stated by the buyer (in the claim form, in the enclosed defect description sheet). We recommend a written form to indicate the failure.
IX. The seller has the right to refuse to accept the goods in the complaint in cases where the goods and / or parts of the goods complained of are contaminated or do not meet the basic requirements for the hygienically safe delivery of the goods to the complaint procedure (removal of the headphones from the protective packaging) unless the usual pollution is involved.
If the buyer is a consumer:
Compliance with the sales contract
If the purchaser is a consumer, if the goods are not in conformity with the Purchase Agreement ("Contract with the Purchase Agreement"), the buyer is entitled to have the Seller, free of charge and without undue delay, contract, according to the buyer's request either by replacing the item or by repairing it. If such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This is not the case if the buyer knew, prior to taking over the item, the breach of the purchase contract or caused the contradiction with the purchase contract. A conflict with a sales contract that occurs within six months of the date of receipt of the item shall be deemed to be a breach existing at the time of its acceptance unless it is inconsistent with the nature of the thing or unless otherwise proven.
By agreement with a sales contract, it is understood in particular that the item being sold has the quality and utility properties required by the contract, the seller, the manufacturer or his agent described or the expected advertising, or the quality and utility properties of such a thing, it is in the appropriate quantity, degree or weight and corresponds to the purpose that the seller states for the use or for which the thing is usually used.
If the consumer is a consumer, he / she has the following rights depending on the nature of the defect when applying the statutory guarantee:
in the event of a defect being remedied, the right to free, proper and timely removal of the defect, the right to replace the defective goods or the defective part, if this is disproportionate due to the nature of the defect. If such a procedure is not possible, it shall be entitled to an appropriate discount on the purchase price or withdrawal from the purchase contract,
if the defect is impracticable to prevent the proper use of the goods, the right to exchange defective goods or to withdraw from the contract of sale, the same rights belong to the consumer if the defects are removable, but if the buyer can not repaire or more defects to use the thing properly. A rectification of a defect is considered to be the case, in particular, if the same defect in the proper use which has been removed at least twice in the warranty period occurs again. The greater number of defects is understood if the thing at the same time has at least three defects preventing its proper use,
in the case of other defects irrevocable and if the consumer does not require the replacement of the item, he is entitled to a reasonable discount on the purchase price or withdrawal from the purchase contract,
The buyer chooses to make a complaint. Seller advises and suggests the appropriate method for the buyer's inappropriate choice (especially when the buyer requires a remedy for a defect but the seller discovers that the defect is irreparable). If the consumer does not choose to settle the claim within the seller within a reasonable time, the seller shall select it.
In the case of a discount, it is not possible later to claim the goods for the defect for which the discount was granted.
If the buyer is a consumer, the seller will decide on the claim immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. The complaint shall be resolved by the seller without any unnecessary delay, no later than 30 days after the date of the claim. The 30-day deadline may be extended after the complaint has been lodged with the consumer - such an extension may not be for an indefinite or unreasonably long period. At the end of this period, it is assumed that the fault actually existed and the consumer has the same rights as a defect that can not be eliminated. This deadline is not binding on the buyer who is the entrepreneur and hence its relationship with the seller is governed by the Commercial Code.
Seller gives the buyer to the consumer a written confirmation of when the claim was filed, what is its content, and how the claim is handled, by email immediately after receipt of the claim (in case of personal application it is handed over immediately); further confirmation of the date and manner of handling of the claim, including a confirmation of the correction and the duration of the complaint, or a justification for the refusal of the complaint.
If the claim is repaid by a refund, the buyer is entitled to a refund of both the total price of the purchased goods and the refund of the shipping charge for the transport to the consumer, but not for the transport to the seller. Postage is returned by law only at a minimum. The amount is then returned to the buyer within 14 days of the day the complaint is settled.
If the buyer is a businessman:
If it is a defect that can be removed, the goods will be repaired. If the repair is not possible and the nature of the defect does not prevent normal use, the seller and the buyer may agree to a reasonable discount on the price of the goods. In the case of a discount, this defect can not be claimed later.
In the case of a defect that can not be eliminated and which prevents the thing from being properly used as a thing without fault, the seller is entitled to replace the defective goods for goods having the same or similar utility properties or to issue a credit note.
I. After the warranty claim has been settled, the warranty period is extended by the duration of the claim. In the case of an unwarranted claim, the warranty period is not extended. If the warranty claim was resolved by exchanging goods for new ones, the warranty period runs continuously from the date of purchase of the original goods.
II. Once a complaint has been processed, the seller notifies that the buyer's claim has ended either by phone, SMS or by e-mail. If the goods were sent by the shipping service, they will automatically be sent to the buyer's address after processing.
III. In the case of non-receipt of the claimed goods within one month from the expiration of the time when the complaint was to be made and if it was made later, within one month from the notification of its execution (ie usually within 60 days from the filing date of the claim) 656 of the Civil Code, is entitled to charge an amount for storage when the claim is dispatched.
IV. When the goods are dispatched after the complaint has been settled, the buyer is required to provide the document on the basis of which the case was accepted in the complaint and must prove his / her identity by the OP or a valid passport.