Complaints procedure, return of the goods, alternative resolution of disputes
- The Complaints Procedure shall form an integral part of the GBTC, describing the procedure for the return of goods due to claims of defective performance (hereinafter as the “Complaint”) and the procedure to be followed upon the withdrawal from the Purchase Contract, including the alternative resolution of disputes. The Complaints Procedure is available on the Online Shop website and from the Operator’s registered office.
- The Buyer is obliged to familiarise himself/herself with the Complaints Procedure before ordering goods.
- The Buyer must provide the Operator with assistance necessary for the settlement of the Complaint. In the case of failure to provide the necessary assistance, the periods for the settlement of the Complaint shall be extended by the period during which the Buyer failed to provide the Operator with the assistance.
- The Buyer agrees to this Complaint Procedure by entering into the Purchase Contract and accepting the goods from the Operator.
- Quality warranty:
- The length of the warranty period is given in the Online Shop for each article of the goods on offer.
- The tax document (invoice) issued by the Operator and containing the details required by legislation for the exercise of warranty shall serve also as a proof of warranty, unless a warranty card has been issued separately.
- The twenty-four (24) month period for the exercise of rights based on defective performance shall begin to run on the day when the Buyer receives the goods. The above period may be reduced only if a shorter period is provided by legal regulations in force in the Czech Republic. However, the period for exercising rights arising from defective performance shall not expire earlier than the useful life indicated on the packaging of the goods or the manual.
- Rights under liability for defects of goods covered by the quality warranty shall expire if such rights have not been exercised within the determined period.
- No new warranty period shall run after the completion of repair or replacement of the goods under an accepted Complaint; the warranty period shall at all times run from the day when the original goods are received upon purchase, and it shall not be extended by replacement or repair for an additional two years in the event of a Complaint, since the warranty period shall only be extended pro rata by the period during which the Buyer is unable to use the defective goods.
- The Buyer may complain only of a defect that was present in the goods upon the receipt of the goods, even if such defect has been discovered later, within twenty-four (24) months of the day when the goods were received.
- The Operator shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Operator is liable to the Buyer that at the time when the Buyer takes delivery of the goods:
- the goods have the properties agreed between the Parties, and in the absence of such agreement regarding properties of goods, the goods have properties described by the Operator or expected by the Buyer with respect to the nature of the goods and based on the promotion carried out by the Operator;
- the goods are fit for the purpose for which the Operator claims the goods are to be used or for which the goods of the given type are commonly used;
- the goods are in the adequate quantity, scope or weight;
- the goods are compliant with requirements of legal regulations.
- Handling of Complaints:
- The Operator is obliged to accept Complaints in the Operator’s registered office. In addition, the Operator shall accept Complaints directly on the Online Shop website, by the Buyer’s completing and sending the complaint form (hereinafter as the “Complaint Form”). The Complaint Form can be downloaded and completed and also sent online Nonetheless, if the warranty card or proof of purchase of the goods indicates an authorised service shop located in a place that is closer to the Buyer, the Buyer shall exercise the right arising from defective performance in the authorised service shop.
- The Operator, or the authorised service shop if initially used by the Buyer for the Complaint, is obliged to issue for the Buyer a written confirmation, stating the time of the Buyer’s exercise of the right from detective performance, the content of the Complaint and the manner of settlement of the Complaint required by the Buyer, as well as a confirmation of the date and manner of the settlement of the Complaint, including a confirmation of repair and its duration, or a written justification of the rejection of the Complaint, as appropriate.
- The Operator or an employee authorised by the Operator shall decide on the Complaint immediately, or within three (3) business days in more complex cases. This period shall not include any time commensurate according to the type of product or service, necessary for an expert evaluation of the defect.
- The Operator is obliged to settle the Complaint (including the removal of the defect, and the fulfilment of the obligation to inform the Buyer of the manner of settlement of the Complaint) for a consumer Buyer without undue delay, but no later than within thirty (30) days, and for the Buyer – business person or freelancer no later than within forty (40) days of the day when the right from defective performance is exercised as per the Complaints Procedure, specifically to e-mail, by telephone (also in a text message), or to the Buyer’s address according to the Complaint Form. The above thirty (30) day period may be extended by the Operator only after agreement with a consumer Buyer. After the expiry of this period, the goods shall be understood as having been defective at the time of receipt by the Buyer.
- Unless the Operator settles the Complaint and informs the Buyer within the period according to the preceding paragraph, the Buyer may withdraw from the Purchase Contract or require a reasonable discount off the purchase price.
- The Buyer has a right to be reimbursed for reasonably incurred costs in connection with the exercise of a justified Complaint. Nevertheless, the reimbursement shall cover only reimbursement in the amount of the lowest possible costs necessary for exercising a justified Complaint. Accordingly, the reimbursement of costs shall not include e.g. costs of the Buyer’s transport, costs of express shipping or costs of the Buyer’s Internet connection. The Buyer is obliged to apply for reimbursement of the costs reasonably incurred in connection with the exercise of a justified Complaint without undue delay after such costs are incurred, but no later than within one (1) month of the expiry of the period for exercising rights from defective performance.
- After the settlement of his/her Complaint, the Buyer must inspect and check the goods upon receipt of the same.
- The Buyer is obliged to collect the goods without undue delay after the Complaint is settled, but no later than within thirty (30) days of the day when the Buyer is informed that his/her Complaint has been settled. After the lapse of the above period, the Operator is entitled to store the goods at the Buyer’s expense and risk.
- If the Buyer fails to collect the goods even within an additional period of six (6) months of the lapse of the period according to the preceding paragraph, the Operator may sell the goods to a third person and to set off the costs of storage against the obligation to reimburse the Buyer for the amount received or part thereof.
- When collecting the goods after the settlement of his/her Complaint, the Buyer is obliged to identify himself/herself by production of a valid document, which shows the Buyer’s details matching those provided in the Complaint Form by the Buyer. If in doubt, the Carrier is entitled to refuse to hand over the goods. In the case of a Buyer being a business corporation, the goods may be collected by the statutory body of the business corporation. If a power of attorney is issued to collect the goods after the settlement of the Complaint, the authorised person is obliged to identify himself/herself by production of a valid document and a power of attorney with the principal’s authenticated signature, which power of attorney shows the principal’s details matching those provided in the Complaint Form, as well as the authorised person’s details stated in the power of attorney matching the authorised person’s details stated in the document presented.
