It serves to ensure the correct procedure for the application and handling of complaints about defects in consumer goods. It was developed in
within the meaning of Act No. 89/2012 Coll., the Civil Act as amended and Act No. 634/1992 Coll., on Consumer Protection.
BUYER'S RIGHT TO COMPLAINT DEFECTIVE GOODS
If the sold item is not in accordance with the purchase contract upon acceptance by the buyer or if a defect occurs in the purchased goods, it is
the buyer is entitled to exercise his right of liability from the seller for defects in the goods. A change in property cannot be considered a defect
goods that arose during the warranty period as a result of wear or improper use, or incorrect intervention.
If the buyer exercises the right from liability for defects of the goods (complaints), he is the manager of the store or authorized by him
the employee is obliged to decide on the right of complaint immediately, in more complex cases within 3 working days. By this time
does not take into account the time required for a professional assessment of the defect. An employee must be present in the establishment throughout the operating hours
responsible for handling complaints.
Complaints, including the elimination of defects, must be handled:
1. Without undue delay, no later than 30 calendar days from the date of its application
2. Alternatively, in a longer period, which the seller can agree with the buyer.
After the expiration of the time limit for settling the claim in vain, the buyer has the same rights as if it were a defect which cannot be remedied in accordance with Article 6.
of these Complaints Procedure.
As part of the general rules of hygiene, we ask customers to hand over the goods for cleaning and dried.
PLACE FOR FILING A COMPLAINT
The buyer should file a complaint preferably in the store where the goods were purchased. However, the buyer has the right to apply complaints:
1. In any store belonging to the seller, in which the acceptance of a complaint is possible, with respect to the range sold goods
2. At the place or registered office of the seller
The buyer is obliged to prove that his right to settle the complaint is justified, ie that in addition to alleging defects it also documents the place, price and time of purchase of goods, which is best proved by a sales document, warranty card, or others
in a credible manner.
DEADLINE FOR EXERCISING THE RIGHT OF DEFECTIVE PERFORMANCE
The seller is responsible for the fact that the sold thing is in accordance with the purchase contract when taken over by the buyer, as well as for defects that occur after the goods have been taken over by the buyer during the warranty period. The period for exercising the right from defective performance (warranty period) is 24 months from the day of taking over the goods in the store. At the request of the buyer, the seller is obliged to issue a warranty card to the buyer at the time of sale
indicating the scope and conditions of the warranty. If the nature of the item allows it, proof of purchase instead of a warranty card is sufficient.
The right to complain about the goods to the buyer expires if it has not been exercised during the warranty period.
The buyer should file a complaint without undue delay immediately after finding the defect, so that there can be a complaint properly assessed and dealt with. The warranty period cannot be confused with the usual life of the goods, the time proper use and treatment of goods can due to their properties, purpose and differences in the intensity of use to endure.
If the complaint is settled by exchanging the defective goods for new ones, the new deadline for making the complaint does not run again from the moment of receipt.
CONFORMITY WITH THE PURCHASE AGREEMENT
In the event that the goods are not in accordance with the purchase contract upon receipt by the buyer, the buyer has the right to the seller put the goods free of charge in a condition that corresponds to the purchase contract, according to the buyer's request, either by exchanging the item or its repair, if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. It does not apply if the buyer knew about the conflict with the purchase contract before taking over the thing or the conflict with the purchase contract himself caused. Unless it contradicts the nature of the matter, or proves otherwise, a conflict with the purchase contract, which will manifest itself during the first six months from the date of receipt of the goods, is considered a conflict already existing at the time of receipt of the goods.
SIGNIFICANT BREACH OF CONTRACT - ELIGIBLE DEFECTS
repair may be able to properly within the specified time. The deadline for rectification of the defect cannot exceed 30 calendar days or uses the time for which they sell with the agreed buyers. The assessment of the nature of the defect belongs to the seller.
The seller is obliged free of charge and without undue delay to a condition without a purchase contract, according to the buyer does not comply with either the change, unless it is disproportionate to the nature of the defect, or its correction. If there is no way to proceed, who
Buyers demand a reasonable discount from the price of things or withdraw from the contract.
In the case of goods that need to be purchased, the buyer has the right to request only possible, timely and proper removal defects, the good seller has the obligation to eliminate the defect without undue delay.
The seller is obliged to issue a notice (complaint list) to the buyer when the complaint has been lodged as a correction and a correction of time.
SIGNIFICANT BREACH OF THE CONTRACT - INSULATED DEFECTS
Defects which are irremediable and which cannot be completely remedied within the prescribed period and which prevent so that the product can be used properly. If it is an irreparable defect, the buyer may request:
1. Exchange of goods for other perfect ones
2. Cancellation of the purchase contract (the buyer returns the defective goods and receives back the purchase price).
If there is another irreparable defect on the goods that does not prevent its use, and if the buyer does not request an exchange of the item, the buyer has the right to a reasonable discount on the price of the goods or may withdraw from the contract. Same rights as when occurring irreparable defects, the buyer has if the goods show the same remediable defect even after the previous two repairs or if there are at least three remediable defects on the goods at the same time.
GOODS SOLD AT LOWER PRICES
Products that have defects (defective products or used products) that do not prevent the product from being used for the intended purpose, they must be sold only at lower prices. The buyer must be notified that the product has a defect and what the defect is
If this is not already apparent from the nature of the sale. For such defects of new or used products for which a lower price is agreed,
the seller is not responsible if a product sold at a lower price has a hidden defect that prevents use from a functional point of view
for the given purpose, the buyer has the right to complain about the product in accordance with Articles 3, 4, 5 and 6 of these complaint rules. If it occurs on the product sold at a lower price other irreparable defect, which, however, does not prevent use for the given purpose, the buyer has the right to reasonable discount from the price of the product.
For used items, it is possible to reduce the warranty period to 12 months, provided that the seller agrees with the buyer.
The seller is then obliged to state this time in the proof of purchase.
If the price of the goods has been reduced due to the sale or post-season sale and if it is a sale of a new perfect goods, the seller is responsible for defects of the goods sold in full.
In the event that a consumer dispute arises between us and the consumer under the purchase agreement or the agreement on the provision of services which cannot be resolved by mutual agreement, the consumer may apply for an out-of-court settlement of such a service
dispute to a designated out-of-court settlement body for consumer disputes, which is:
The Czech trade inspection:
Central Inspectorate - ADR Department
Stepanska 15 120 00 Prague 2
If the parties fail to reach an out-of-court settlement, the court decides in disputes arising within the complaint procedure.
This complaint procedure takes effect on: 1.1.2018
The complaint procedure is valid for goods manufactured from 1.1.2013
Published by: PONATURE, s.r.o., U Hrůbků 251/119, 709 00 Ostrava - Nová Ves
Complaints are handled by: PONATURE, s.r.o., complaints department, U Hrůbků 251/119, 709 00 Ostrava