This Complaints Procedure was prepared in accordance with Act no. No. 513/1991 Coll., Commercial Code, No. 40/1964 Coll., Civil Code and Act no. No. 634/1992 Coll., on Consumer Protection, as amended, and applies to goods purchased in our online store, where the warranty rights of the buyer are properly exercised during the warranty period.
The Buyer agrees with this Complaints Procedure by accepting the goods from the Seller, or by receiving the goods at the post office or from the carrier.
Consumer Complaints Procedure
- Warranty Period
- Conflict with Purchase Agreement
- Liability for Warranty Defects
- Exercise of Liability Claims
- Complaint Handling
Complaints and Consumer Information
A consumer is a person who, when ordering goods and performing a contract, is not acting in the course of his business. The amendment to § 52 et seq. Of the Civil Code concerning special conditions in concluding distance contracts applies only to cases where the goods are purchased by the consumer. Consumer rights, which are granted to them by the Civil Code in § 53 et seq. they do not belong to persons who act in the course of their business when concluding purchase, work or other contracts.
II. Warranty Period
The warranty period begins on receipt of the goods by the consumer or the tax document (invoice). The statutory warranty period is generally 24 months. The Seller may extend this statutory period. The warranty period is extended by the period during which the product was under warranty repair.
III. Conflict with Purchase Agreement
This regime governs consumers' rights in respect of defects in goods which already existed at the time of takeover. A defect that becomes apparent within six months of the date of receipt of the goods shall be deemed to have already existed at the time of receipt of the goods, unless this is contrary to the nature of the goods and the defects, or unless it is proven otherwise.
The consumer is obliged to properly and thoroughly inspect and inspect the goods upon receipt. If the goods are found to be defective, they are obliged to notify the seller without undue delay. The same applies to situations where the consumer discovers a different inconsistency with the order, in particular if a different product or quantity other than that ordered has been delivered.
If the consumer breaches the obligation to report the defect without undue delay, there is a risk that the defect will become more extensive and the seller will no longer be liable because of the consumer's negligent handling of the goods.
In the event of remedy of removable defects existing at the time of takeover, the consumer has the right to request a free repair of the item and its restoration in accordance with the order or replacement of the item with a new one. The choice of law is made by the consumer.
In the case of delivery of another product, the consumer has the right to deliver the goods according to the order.
The seller is not liable for any defects that the consumer was notified at the time of conclusion of the contract and at the same time refused to accept the goods.
For goods sold at a lower price, the warranty does not cover defects for which the lower price was agreed.
IV. Liability for defects during the warranty period
This regime governs liability for defects that occur during the warranty period but which did not exist when the item was taken over.
The warranty does not cover defects caused by wear and tear caused by normal use of the goods, incorrect operation, improper or unauthorized intervention, as well as improper use or maintenance. Nor will the warranty be accepted in the event of mechanical damage caused by the customer, damage caused by excessive and inappropriate use, neglect of the care of goods, or damage caused by force majeure.
In the event of a removable defect, the consumer has the right to a free repair or replacement of its component. Only in the event that the repair or replacement of the component free of charge is not proportional to the nature of the defect, can it require replacement of the item. Should this not be possible, the buyer may claim a reasonable discount on the price of the item or withdraw from the contract.
In the event of an irremovable defect that does not prevent proper use, the consumer may request replacement of the item or a reasonable discount on the price or withdraw from the contract.
The consumer has the same rights as a non-removable defect in the case of removable defects, but the goods cannot be used properly for the recurrence of the defect after repair or for a larger number of defects.
The rights of liability for defects of a thing for which the warranty period applies will expire if not exercised during the warranty period.
V. Exercise of liability for defects - claims
The place of claim is the seller from whom the goods were purchased. Unless stated otherwise, the place of claim is KUMMER s.r.o., Company ID: 28297971, registered office, Hradčovice 290, post code 687 33.
The consumer may make a complaint in person or by sending the goods to the complaint by a shipping service (freight forwarding company, post office, etc.).
If the goods are shipped, the consumer is obliged to prove that he purchased the item from the seller and when he purchased it. In this respect, it is particularly recommended to send a copy of the purchase document. Furthermore, the consumer is obliged to specify how the defect is manifested and to indicate the choice of law from the liability for defects he claims.
In order to speed up communication, we ask you to mark the shipment containing the claimed goods and the above mentioned documents with the inscription “COMPLAINTS”. In addition, please provide sufficient contact information, especially your address and phone number.
The Seller does not accept any unsolicited cash on delivery or at Seller's expense.
In case of a justified complaint, the customer has the right to reimbursement of postage in the necessary amount. In the event of an unjustified complaint, the consumer is not entitled to reimbursement of his / her expenses related to the settlement of the complaint and at the same time the seller is not entitled to reimbursement of costs incurred on his part (unless the consumer that it was an abuse of rights).
In the case of defective goods being sent for complaint, the consumer is obliged to hand over the goods in a complete and suitable packaging material that meets the transport requirements of the delivered goods - preferably in the original packaging. The Seller is not obliged to accept the goods for complaint unless it is properly packed and handed over with the supplied parts.
VI. Settle your claim
Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. After the expiry of this period, the consumer shall be granted the same rights as if it were an irremovable defect. Seller, after examining the submitted documents and a cursory inspection of the claimed goods:
- acknowledges the claim as justified and handles it on the spot,
- if it is not possible to handle a justified claim immediately, it will accept the claimed goods in the complaint procedure and will make a written record thereof,
- rejects the claim as unauthorized and returns the claimed goods to the consumer,
- will accept the claimed goods for expert judgment, on the basis of which the claim will either be recognized as justified and properly handled, or will be rejected and the goods returned to the consumer.
The seller shall issue a written confirmation to the consumer of when the right from the liability for defects was exercised, as well as of the repair and its duration, or of how the complaint was handled.
The seller shall inform the consumer about the method of settlement of the complaint by a pre-agreed procedure (means of distance communication or in writing). If the goods have been sent by a shipping service, they will automatically be sent to the consumer's address after they have been processed.