Complaints procedure

Issued by ZEMAN / TECHNOGROUP sro (hereinafter referred to as the "Seller")

It serves to ensure the correct procedure for applying and handling complaints about defects in consumer goods.

It was prepared in accordance with Act No. 40/1964 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

article 1

BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS

If the item sold is not in accordance with the purchase contract upon receipt by the buyer or if the purchased item has a defect, the buyer may exercise his right to claim liability for defects from the seller. A change in the properties of the item that occurred during the warranty period due to wear and tear, improper use, or improper intervention cannot be considered a defect.

If the buyer exercises the right of liability for defects in goods (hereinafter referred to as a complaint), the store manager or an employee authorized by him 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 a professional assessment of the defect. An employee authorized to handle complaints must be present in the establishment during all operating hours.

The complaint, including the removal of the defect, must be handled:

  1. without undue delay, no later than 30 calendar days from the date of its application,
  2. or within a longer period that the seller and the buyer can agree on.

After the deadline for settling a complaint has expired in vain, the buyer has the same rights as if it were a defect that cannot be removed according to Article 6 of these complaints procedures.

The store manager or an employee authorized by him/her will accept the complaint if the goods are properly cleaned and dried and the assessment of the complaint is not prevented by general hygiene principles.

article 2

PLACE FOR FILING A COMPLAINT

The buyer should preferably file a complaint at the store where the goods were purchased. However, the buyer has the right to file a complaint:

  1. in any establishment belonging to the seller where acceptance of a complaint is possible, taking into account the range of goods sold,
  2. at the seller's place of business or registered office.

The buyer is obliged to prove that his claim for the settlement of the complaint is justified, i.e. that in addition to the defects, he also documents the place, price of the goods and time of purchase of the goods, which he can best prove with a sales receipt, warranty certificate, or in another credible manner.

article 3

COMPLAINT DEADLINE

The seller is responsible for ensuring that the item sold is in accordance with the purchase contract upon receipt by the buyer, as well as for defects that occur after the item is received by the buyer during the warranty period.

The period for filing a complaint (warranty period) is 24 months from the date of receipt of the goods in the store. At the buyer's request, the seller is obliged to issue the buyer a warranty certificate indicating the scope and conditions of the warranty upon sale. If the nature of the item allows, a proof of purchase of the item is sufficient instead of a warranty certificate. The buyer's right to file a complaint about the goods will expire if it has not been exercised within the warranty period.

The buyer should make a complaint without undue delay immediately after discovering the defect, so that the complaint can be properly assessed and handled. The warranty period cannot be confused with the usual lifespan of the goods, i.e. with the period during which, with proper use and care, the goods can, given their properties, the given purpose and withstand differences in intensity of use.

If the complaint is settled by replacing the defective goods with new ones, the period for filing a complaint starts again from the moment the buyer takes over the new goods.

article 4

CONFLICT WITH THE PURCHASE CONTRACT

If the goods do not comply with the purchase contract upon receipt by the buyer, the buyer has the right to have the seller bring the goods into a condition that complies with the purchase contract free of charge, at the buyer's request either by replacing the item or repairing it. 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. This does not apply if the buyer knew about the discrepancy with the purchase contract before receiving the item or caused the discrepancy with the purchase contract himself.

Unless it is contrary to the nature of the item or unless the contrary is proven, a discrepancy with the purchase contract that becomes apparent within the first six months from the date of receipt of the item is considered to have existed at the time of receipt of the item.

article 5

REMOVABLE DEFECTS

Defects that can be removed are those where their removal does not affect the appearance, function or quality of the products and the repair can be carried out properly within the specified period. The period for removing the defect may not exceed 30 calendar days, or a longer period agreed upon by the seller and the buyer. The seller is responsible for assessing the nature of the defect.

The seller is obliged to bring the item into a condition consistent with the purchase contract free of charge and without undue delay, at the buyer's request, either by replacing the item, unless this is disproportionate to the nature of the defect, or by repairing it. 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.

If it is a removable defect of already used goods, the buyer has the right to demand only free, timely and proper removal of the defect, while the seller has the obligation to remove the defect without undue delay.

The period from the filing of the complaint until the time when the buyer was obliged to take over the goods after the repair is completed is not included in the warranty period. The seller is obliged to issue the buyer a confirmation (complaint form) stating when the complaint was filed, as well as the performance of the repair and its duration.

article 6

IRREMOVABLE DEFECTS

Irremovable defects are considered to be defects that cannot be completely removed within the specified period and that prevent the product from being used properly. If it is an irremovable defect, the buyer may request:

  1. exchange of goods for other flawless ones,
  2. cancellation of the purchase contract (the buyer returns the defective goods and receives back the purchase price).

If the goods have another irreparable defect that does not prevent their 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.

The buyer has the same rights as in the event of irremovable defects if the same removable defect appears on the goods even after the previous two repairs or if at least three removable defects occur on the goods simultaneously.

article 7

GOODS SOLD AT LOWER PRICES

Products that have defects (defective new products or used products) that do not prevent the product from being used for its intended purpose must only be sold at lower prices. The buyer must be informed that the product has a defect and what the defect is, if this is not obvious. 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 a product sold at a lower price has a hidden defect that prevents it from being used for the intended purpose from a functional point of view, the buyer has the right to make a complaint about the product in accordance with Articles 3, 4, 5 and 6 of these Complaints Procedures. If another irreparable defect occurs on a product sold at a lower price, which does not prevent it from being used for the intended purpose, the buyer has the right to a reasonable discount on the price of the product.

For used items, the warranty period can be shortened to 12 months, provided that the seller agrees with the buyer. The seller is then obliged to state this period in the proof of purchase of the item.

If the price of the goods has been reduced due to a sale or post-season sale and if the sale involves the sale of new, flawless goods, the seller is fully liable for defects in the goods sold in this way.

article 8

DISPUTE RESOLUTION

Disputes arising within the framework of the complaint procedure are decided by the court.

In Prague, on January 1, 2014

Signature of company representative:

The Complaints Procedure comes into effect and is valid on January 1, 2014!
Published by: ZEMAN / TECHNOGROUP sro, Ceskomoravska 1181/21, 190 00 Prague 9
e-mail: info@zeman.cz
Registration number: 2-2014