Complaints procedure
Liability for defective
goods (a guarantee, a conflict with the contract)
The buyer is obliged before the first use to read the warranty conditions,
including the Czech operating manual and then consistently manage this
information, otherwise runs the risk that their improper use cause damage and
will not be able to apply the resulting defect within its rights arising from
liability for defects . The warranty period begins on the receipt of the sale.
If the buyers is not a
consumer obliged to inspect the goods immediately upon receipt. If any damage
is detected, the certified record of the damage and the seller is obliged to
provide a reasonable discount on supply or deliver another perfect product. Later
claims of mechanical damage to the product can no longer be recognized. The
consumer would be in their own interest should also do the following steps help
to avoid later problems arising from liability for damages incurred as a result
of transportation (mechanical damage), which will in any claim based on the
fact that unconditionally accepted the goods delivered.
Defect
Seller is responsible to the buyer that the subject receipt has no
defects. In particular, the Seller confirms to the Buyer that at the time when
the buyer takes over the goods,
a) a thing has quality which parties have agreed or that the buyer might expect
a given nature of the goods and on the basis of advertising carried out by the
buyer or the buyer's subcontractors
the thing fits the purpose
which is used or which seller lists to be normally used
the subject corresponds the
material and quality
The thing meets the
requirements of legislation.
Defect is a deviation from
the specified quality.
Conflict with the contract
If it proves to be defective within six months of receipt of goods, it is
considered that the thing was already defective upon receipt, unless proven
otherwise.
Liability for defective goods (guarantee conflict with the contract)
The buyer is entitled to exercise the right of defects that occur in consumer
goods during the twenty-four months from the receipt.
The warranty does not cover normal wear and tear (or its components) caused by
usage. Shorter product life is therefore considered a fault and cannot even
complain. Consumers cannot apply a defect which caused itself by improper use
of the item.
If a thing defects and consumer applies it in time with the seller has the
right to:
a) If the defect can be
removed without undue delay
= To
free remedy
b) If you cannot remedy the defect or after removal or re-occurring thing has
more defects
=
Require the supply of new things without defects, unless it is due to the
disproportionate nature of the defect (functionality, aesthetics)
=
Delivery component of the thing, if the defect affects only a part of things
= To
withdraw from the contract and demand a refund
c) If you cannot remedy the defect or deliver a new thing
= To
withdraw from the contract and demand a refund
Unless the buyer does not apply from the contract or applies the right to
deliver new things without defects, the replacement of its parts or repair
things may request a reasonable discount. The buyer has the right for adequate
discount even if the seller cannot deliver his new thing without defects,
replace the part or thing to fix, and if the seller fails to remedy within a
reasonable time, or that would rise substantial difficulties to consumer.
Complaint (the liability for
defects)
Seller or the authorized
officer shall decide the claim immediately, in complicated cases within three
working days. This period shall not include adequate time for a product or
service required for expert assessment of the defect. Claims, including the
removal of defects must be settled without undue delay, within 30 days of the
claim, unless the seller and the consumer agree a longer period. After this
period, the consumer has the same rights as if it were a defect that cannot be removed.
Except where it is designated to perform repairs by another person, the seller
is obliged to accept a claim in any premises in which it is possible taking
into account the assortment of goods sold or services provided, and the
registered office or place of business. The seller is obliged to give the
consumer a written confirmation that the consumer has exercised the right
contents of the complaint and what method of claim handling consumer requests;
a further confirmation of the date and method of settling the claim, including
confirmation of repair and its duration, or a written justification for
rejecting the claim. This obligation also applies to other persons designated
to perform repairs.
If any complaint, contact: t-tomi@t-tomi.cz