company Patizon s.r.o., Zborovská 1910/4, 702 00 Ostrava, VAT: CZ25871218, (futher just „Patizon“ or „Reseller“).
I. GENERAL PROVISIONS
1. The complaints procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "NOZ") and Act No. 634/1992 Coll., on consumer protection as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as "Goods") for which the buyer's rights from liability for defects (hereinafter referred to as "complaints") are exercised during the warranty period.
2. The complaints procedure is an integral part of the General Terms and Conditions. By concluding the purchase contract, the Buyer expresses his consent to the General Terms and Conditions and these Complaints Regulations and confirms that he is properly familiar with them.
3. Patizon's customer is either a Buyer-consumer within the meaning of § 2 paragraph 1 letter a) of Act No. 634/1992 Coll. on the protection of the consumer (hereinafter referred to as the "Buyer-consumer") or the buyer-entrepreneur who, when concluding and fulfilling the contract, acts as part of his business activity (hereinafter referred to as the "Buyer-entrepreneur"). Buyer-consumer and Buyer-entrepreneur are referred to together as "Buyer".
4. When concluding and fulfilling the purchase contract, the seller acts as part of his business activity. The Seller is an entrepreneur who directly or through other entrepreneurs supplies products or services to the Buyer.
II. SELLER'S LIABILITY
1. The Seller guarantees to the Buyer that the Goods have no defects upon receipt. In particular, the Seller responds that at the time the Buyer took over the Goods:
the item has the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the Seller or the manufacturer has described or that the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the item is suitable for the purpose that the Seller states for its use or for which the item of this type is usually used,
the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is the thing in the corresponding quantity, measure or weight and,
the matter complies with the requirements of legal regulations.
2. An invoice is attached to the Goods and a warranty certificate is attached to some products. If the Goods are not accompanied by a warranty card, an invoice is used to make a claim.
III. RIGHTS FROM LIABILITY FOR DEFECTS OF GOODS
1. Obvious damage to the Goods or its packaging during delivery must be resolved immediately with the carrier and discrepancies must be recorded in the delivery protocol (conveyance note). The Buyer is not obliged to accept such Goods from the carrier and shall inform the Seller of the detected damage without undue delay. On the day of acceptance, the Buyer shall properly check the integrity of the Goods and the completeness of its accessories.
2. In the case of personal collection by the Buyer, the moment of acceptance of the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he may make claims for defects detectable during this inspection only if he proves that the Goods already had these defects (e.g. missing accessories) at the time of the transfer of the risk of damage to the Goods. A later complaint of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to complain about the item. However, the seller has the opportunity to prove that this is not a contradiction with the purchase contract.
3. The Buyer-consumer can make a complaint about the Goods in person at the Seller's branch or send the claimed goods by transport service to the Seller's address.
4. In the event that the Buyer sends the Goods to the Seller by transport service, he should, in his own interest, pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that it is not damaged during transport. The shipment should contain the claimed Goods (including complete accessories), we recommend attaching a copy of the sales document, a detailed description of the claimed defect and the correct contact details of the Buyer.
5. The buyer is obliged to prove in a demonstrable way that the Goods were purchased from the company Patizon s.r.o. The original proof of purchase of the Goods or a duly completed warranty card is optimal.
6. Rights from liability for defects in Goods do not apply in particular to cases where the defect or damage occurred:
– mechanical damage to the Goods
- demonstrably unauthorized interference with the Goods, natural disaster, mechanical damage
- demonstrably incorrect use,
- use contrary to the instructions for use or instructions given on the packaging or in the warranty card, - use contrary to generally known rules of use,
- proven by use in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the manufacturer or which clearly follows from the nature of the thing,
– if the submitted warranty card shows obvious signs of data changes or if the Product has a different serial number from the one stated in the warranty card.
- it is advisable to send a completed complaint form with the claimed Goods.
7. The Seller's liability for defects does not apply to wear and tear caused by normal use, for Goods sold at a lower price for a defect for which a lower price was agreed, for used Goods for a defect corresponding to the degree of use or wear and tear the Goods had when taken over by the Buyer.
8. Gifts that the Seller provides to the Buyer free of charge as part of the purchase contract for other paid Goods cannot be guaranteed or liability for defects beyond the scope of the law. In case of withdrawal from the purchase contract, the Buyer is obliged to return the Goods, which are provided as a gift, in their original condition to the Seller.
IV. WARRANTY PERIOD
1. The buyer-consumer is entitled to claim the right from a defect that occurs in the consumer goods within twenty-four months from the receipt of the goods. If a defect in the Goods becomes apparent within six months of receipt by the Buyer-consumer, it is considered that the Goods were already defective upon receipt, unless proven otherwise. In the case of the purchase of already used Goods, the period for exercising rights from defective performance is 24 months. The warranty period for the Buyer-entrepreneur is twelve months.
2. The warranty period begins upon receipt of the Goods by the Buyer. The warranty period is extended by the time during which the Goods were under repair. In case of replacement of the Goods as part of the warranty repair, the original warranty period continues.
V. RIGHTS FROM DEFECTS OF GOODS
1. If the item does not have the characteristics listed in the Seller's Liability article, the Buyer-consumer may also demand the delivery of new Goods without defects, if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-consumer can only demand the replacement of this part, if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, this is a non-essential breach of contract and in such a case the Buyer-consumer always has the exclusive right to free removal of the defect by repairing the item.
2. The Buyer-consumer has the right to deliver new Goods or replace a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer-consumer has the right to withdraw from the contract. Reoccurrence of a defect after repair is considered to be the same defect that has been removed at least twice during the warranty period and that occurs again. If the Goods have been repaired at least three times for various removable defects before the claim is made, they are considered to suffer from a greater number of defects.
3. If the Buyer-consumer does not withdraw from the contract or exercise the right to the delivery of new Goods without defects, to the replacement of its component or to repair, he may request a reasonable discount. The buyer-consumer has the right to a reasonable discount even if the Seller cannot supply him with new Goods without defects, replace its part or repair the Goods, as well as if the Seller does not remedy the situation within a reasonable time or if the remedy would have the effect of significant difficulties for the Buyer - consumer.
4. The Buyer does not have the right from defective performance, if the Seller notified the Buyer before taking over the Goods that the Goods have a defect, or if the Buyer himself caused the defect.
5. The buyer-consumer is entitled to withdraw from the contract in all cases specified in the NOZ and the Act. Withdrawal is effective for the Seller at the moment when the Buyer-consumer's declaration of withdrawal from the contract is handed over or delivered to him, if all legal conditions according to §2001 et seq. are met. NOZ In case of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything that they have provided on the basis of it.
6. In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods, including all accessories, to the Seller.
7. If the goods that were sold as used or were sold at a discount considering their lower quality at the time of sale have a defect, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.
VI. SETTLEMENT OF CLAIMS
1. The buyer-consumer must have the complaint, including the removal of the defect, handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the buyer-consumer agree on a longer period. The deadline for settling a claim begins the day after the claim is made in accordance with Section 605 of the NOZ. After the expiry of this period, the same rights are granted to the Buyer-consumer as if it were a material breach of the contract. The period of 30 days is not binding on the Buyer-entrepreneur.
2. The buyer-consumer can inquire about the result of the complaint himself at the address of the establishment where he filed the complaint, or at its customer telephone line.
3. The Buyer is obliged to provide the Seller with all cooperation to verify the existence of the claimed defect and to remove it (including testing or dismantling the product). When making a complaint, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general hygiene principles, including all components and accessories.
4. The buyer is obliged to hand over the complete Goods to the complaint procedure. We also recommend attaching a copy of the sales receipt, a detailed description of the defect and full contact details. In the event that the Buyer does not deliver the Goods complete and its completeness is necessary to establish the existence of the claimed defect and/or to eliminate it, the period for processing the claim only begins with the delivery of the missing parts.
5. When taking over the Goods for the complaint procedure, the Seller is not responsible for the Buyer's items that are stored in the pockets and openings of the Goods, which are part of the Goods accepted for complaints, or for any loss of such items.
6. When making a claim, the Buyer will receive a written confirmation - a claim protocol, which serves as a document for settlement of the claim. When drawing up the complaint protocol, the buyer is obliged to provide all the required data, the completeness and correctness of which he confirms by signing the complaint protocol. The complaint protocol contains information on when the complaint was made, what it contains, and what method of handling the complaint is requested by the Buyer-consumer. If the Buyer-consumer sent the product to the complaint procedure by transport service, he will receive the complaint protocol by e-mail.
7. The buyer-consumer has the right to be reimbursed for the purposefully incurred costs of making a complaint, whereby these costs are understood to be the lowest possible. This is mainly the postage for sending the claimed Goods. The buyer-consumer must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights from defective performance.
VII. REFUSAL OF ADMISSION TO CLAIMS
1. The Seller is entitled to refuse to accept the Goods for a claim if the Goods are contaminated or their components are contaminated.
2. The seller is entitled to refuse a claim for the Goods even if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles.
VIII. PICKUP OF GOODS FROM WARRANTY REPAIR
1. After handling the complaint, the Seller informs the Buyer either via SMS, e-mail or telephone. If the Goods were sent by a shipping service, they will be sent to the Buyer's address after processing.
2. The Seller shall issue, or send, a written confirmation to the Buyer stating the date and method of settlement of the complaint, confirmation of the repair and duration of the complaint, or the justification for the rejection of the complaint.
3. In the event of failure to pick up the claimed Goods from the warranty repair within 2 months from the expiry of the time when the warranty repair was carried out, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each day of delay in picking up the Goods.
4. When delivering the Goods after the complaint has been settled, the Buyer is obliged to present the document he received when receiving the Goods for the complaint, or must prove their identity.
These Complaints Regulations become valid and effective on January 1, 2018. Changes to the Complaints Regulations are reserved.