Complaints procedure for consumers
This Complaints Procedure for Consumers (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions of complaints about defects of goods purchased by the consumer through the online store www.DÍLYNAKOTLE.cz from our company:
DÍLYNAKOTLE sro ., With its registered office at no. 134, 544 55 Dubenec
IČ: 01814842, DIČ: CZ01814842, registered: in the Commercial Register kept by the Regional Court in Hradec Králové, section C, insert 32377, address for delivery: Dílynakotle sro, Dubenec 134, 544 55, Dubenec, telephone number: 494 900 158, contact e -mail: firstname.lastname@example.org
1. WHAT DEFECTS ARE THE GOODS RESPONSIBLE?
1.1. As the seller, we are responsible for ensuring that the goods you have ordered have been delivered to you and that the goods are free of defects upon receipt. This means that the goods on receipt in particular:
- has the characteristics that have been agreed between us, which we describe or which you could expect with regard to the nature of the goods and on the basis of advertising;
- is in an appropriate quantity, measure or weight;
- complies with legal requirements;
- is suitable for the purpose we state or for which the purchased goods are usually used;
- corresponds to the quality agreed between us or the quality specified for the given type of goods by valid and effective legal regulations; and has no legal defects, ie a third party has no property rights to the goods and the goods are equipped with the documents and papers necessary for the proper use of the goods.
We are also responsible for ensuring that these defects do not occur during the warranty period. In addition to the statutory warranty period, we provide a quality guarantee for consumers, if this is stated on the web interface or in the documents attached to the goods.
1.2. The difference in color shades in reality and on electronic display devices cannot be considered a defect of the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions for Consumers.
1.3. If the defect in the goods becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
2. WHAT IS THE WARRANTY PERIOD?
2.1. For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified in the web interface, in the documents accompanying the goods or in the advertisement.
2.2. If the date of minimum durability is indicated on the goods, or in the case of perishable goods, the period for which the goods can be used is stated, the warranty period lasts until such date.
2.3. In the event that the goods are exchanged or repaired, for new goods, resp. Replaced parts and spare parts do not run the new warranty period. However, in such a case, the warranty period is extended by the time during which you could not use the goods due to a defect, ie in particular by the time during which the goods are under repair.
3. WHAT RIGHTS DO YOU HAVE DEFECTIVE PERFORMANCE?
3.1. Your rights from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117, as well as Sections 2165 to 2174.
3.2. In accordance with the above provisions, you have in particular the following rights:
- a) Addition of what is missing
If we deliver the goods in smaller quantities than agreed, or we deliver incomplete goods, you have the right to supplement what is missing.
- b) Discount from the purchase price
If there was a defect in the goods or the defect occurred during the warranty period, you can always request a reasonable discount from the purchase price.
- c) Replacement of goods or defective parts of goods
You can always request the replacement of goods or defective parts of goods if this is not disproportionate to the nature of the defect (ie especially if immediate repair of the item is not possible) and if it is not only a minor breach of contract.
You do not have the right to exchange the goods if only a part (part) of the goods is defective. If during the complaint procedure we come to the conclusion that only a part of the goods is defective, we will replace this part for you.
You cannot request an exchange of goods for goods sold at a lower price. Instead, you can request a discount on the purchase price.
- d) Repair of the item
If the goods can be repaired, you have the right to rectify the defect free of charge. If it turns out during the complaint procedure that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.
- e) Refund (withdrawal from the contract)
You can only request a refund if:
○ the delivery of a defective or incomplete item by us constitutes a material breach of contract; or
○ we are not able to eliminate the defect for which you cannot use the goods properly, or we are not able to replace the goods with this defect (eg the goods are no longer produced); or
○ you cannot use the goods properly due to the recurrence of a defect after repair (occurrence of the same defect after at least two previous repairs); or
○ a large number of defects occur on the goods (simultaneous occurrence of at least three remediable defects, each of which prevents the proper use of the goods); or
○ we do not comply with the deadline for settling the complaint / we do not arrange a remedy within 30 days of the complaint being lodged.
3.3. The condition for exchanging goods or refunding (withdrawal from the contract) is that you return the item in the condition in which you received it. Exceptions are cases where:
- (a) the condition has changed as a result of an inspection to detect a defect;
- b) you used the item before the defect was discovered;
- c) you have not made it impossible to return the thing in its unaltered state by your actions or omissions; or
- d) you sold the item before the defect was discovered, consumed it, or altered the item in normal use; if this has happened only in part, you will return to us what else you can return and give us compensation up to the amount in which you benefited from the use of the item.
4. WHEN CAN THE RIGHTS FROM DEFECTIVE PERFORMANCE NOT APPLY?
4.1. You are not entitled to defective performance if:
- you knew about the defect before taking over the thing;
- you caused the defect yourself; or
- the warranty period has expired.
4.2. The warranty and liability claims for defects also do not apply to:
- wear and tear of the goods caused by their normal use (reduction of the capacity of batteries and accumulators is also considered to be wear and tear caused by use);
- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- if it follows from the nature of the thing (especially goods which, by their nature, cannot last for the entire duration of the warranty period).
5. HOW TO PROCEED COMPLAINTS?
5.1. File a complaint with us without undue delay from the discovery of the defect.
5.2. We accept complaints at our delivery address or at our headquarters. We recommend using our delivery address to resolve the complaint as quickly as possible.
5.3. Recommended complaint procedure:
- you can inform us about the complaint in advance by phone, e-mail or in writing;
- at the same time, it is appropriate to inform us about the right from the defective performance, ie whether you are interested in supplementing what is missing, discount from the purchase price, exchange of goods or its defective parts, repair of the item, return money, or other rights in accordance with these Complaints Procedure and the Civil Code;
- Deliver the claimed goods to us together with the claim or subsequently (other than cash on delivery, which we do not accept) to the registered office address, while when sending we recommend packing the goods in a suitable package so that it is not damaged or destroyed;
- To facilitate the procedure, it is appropriate to enclose a proof of purchase of goods or a tax document - an invoice, if issued, or another document proving the purchase of goods, together with a description of the defect and a proposal for resolving the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents does not prevent a positive settlement of the complaint according to the legal conditions.
5.4. The moment of claim is the moment when we were notified of the occurrence of a defect and the right of liability for defects of the sold item was exercised.
5.5. We decide on the received complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including any elimination of the defect, will be settled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.
5.6. If you choose a right that cannot be granted to you for objective reasons (especially in the case of irreparable defects or in the case of exchange of goods, which is not possible), we will contact you immediately. In this case, you can choose another right in accordance with these complaint rules.
5.7. When making a complaint, we will issue you a written confirmation of when you have exercised the right, what the content of the complaint is and what method of handling the complaint you require. Furthermore (after the complaint has been settled) we will issue you a confirmation of the date and method of settling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint.
5.8. In accordance with the Civil Code, you have the right to reimbursement of reasonable costs incurred in making a claim for goods. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period within which the defect must be alleged.
This complaint procedure is valid and effective from 1.8.2019.