Complaints Procedure
This complaint procedure applies to the sale of goods by OBIS sro IČO: 62415603, with its registered office at Uherská 635, 190 17 Prague 9 (hereinafter referred to as "seller“).
1.1 The seller responds to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the item:
1.1.1 the item has the characteristics agreed upon by the parties and, in the absence of an agreement, such characteristics as those described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods and the advertisement of the seller and / or the manufacturer;
1.1.2 the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used;
1.1.3 is the thing in the appropriate quantity, measure or weight;
1.1.4 complies with the requirements of the legislation.
1.2 Upon personal acceptance from the seller, the buyer is obliged to check the received goods, their completeness and undamaged packaging.
1.3 Buyer he is obliged to properly check the condition of the received goods, their completeness and undamaged packaging according to the consignment note upon receipt from the carrier.
2 The method of making a complaint
2.1 Buyer's rights from defective performance (hereinaftercomplaint“) Must be applied in accordance with these Complaints Rules.
2.2 The buyer has the right to file a complaint with the seller, in any of its establishments at the seller's registered office.
2.3 The seller is obliged to ensure the presence of an employee authorized to receive complaints throughout the operating hours.
2.4 The buyer has the right to file a complaint with the person designated for this purpose in the relevant warranty card and / or in the relevant tax document, if the designated person is in the place of the seller or in the place closer to the buyer.
2.5 The buyer is obliged to document the date of purchase of the goods in the event of a complaint, in particular by submitting the relevant tax document and / or warranty card, or in another credible way.
2.6 The buyer has no right to file a claim for a defect that has been criticized in the past, if it was provided with a reasonable discount on the purchase price of the goods.
3 Deadlines for claiming and settling complaints
3.1 If the seller has provided a quality guarantee beyond the statutory obligations (especially the statutory deadlines), its application is governed by these Complaints Rules, unless the warranty card or contract provides otherwise.
3.2 The period for making a complaint begins on the day of receipt of the goods by the buyer, which is stated in the tax document or on the warranty card or other such document.
3.3 The consumer warranty period for new goods is 24 months.
3.4 The seller provides a guarantee to the buyer, who is not a consumer (ie for entrepreneurs), if this is explicitly stated for the goods.
3.5 In the case of consumer goods, the buyer is entitled to exercise the right of defects only until the date marked on the packaging of such goods, if this period is shorter than the period specified in para. 3.3 of these Complaints Procedure.
3.6 The buyer is obliged to claim the goods without undue delay after finding out that there is a defect in the goods. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
3.7 If the buyer complains about the goods legitimately, the period for complaints does not run for the period during which the goods are under repair, and the buyer cannot use it.
3.8 The seller is obliged to decide on the complaint immediately, in more complex cases within 3 working days. The time required for a professional assessment of the defect is not included in this period. The seller is obliged to issue a written confirmation to the buyer, stating the date and place of the complaint, the characteristics of the alleged defect, the required method of handling the complaint and the manner in which the buyer will be informed of its settlement. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract. The seller is obliged to confirm in writing to the buyer the method of handling the complaint and its duration. The buyer is not entitled to change the once chosen method of handling the complaint without the consent of the seller, except in a situation where the chosen method of solution is not possible at all or in time.
3.9 If the complaint is recognized as justified, the buyer has the right to reimbursement of purposefully incurred costs associated with the application of the complaint.
3.10 In the case of resolving the complaint by exchanging the goods, the new period for the exercise of rights from defective performance does not run, but the period of the claimed goods continues.
4 Exceptions from liability for defects
4.1 The seller is not responsible for defects in the following cases:
4.1.1 if there is a defect in the goods at the time of receipt and a discount on the purchase price is agreed for such a defect;
4.1.2 is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage to the goods;
4.1.3 the defect in the goods was caused by wear and tear caused by normal use or if it follows from the nature of the thing;
4.1.4 if the goods are used and the defect corresponds to the degree of use or wear and tear that the goods had at the time of receipt of the goods by the buyer;
4.1.5 mechanical damage to goods;
4.1.6 the defect was caused by unprofessional installation, handling, operation or neglect of care of the goods;
4.1.7 performing an unqualified intervention or changing parameters;
4.1.8 use of the goods in conditions which do not correspond to their temperature, dust, humidity, chemical and mechanical influences of the environment specified by the seller or the manufacturer;
5.1 In relation to the fulfillment of the obligation pursuant to §14 of Act No. 634/1992 Coll. The seller informs the buyer about the possibility to use the Czech Trade Inspection Authority (www.coi.cz) for possible out-of-court settlement of consumer disputes, which is a notified body for out-of-court settlement of consumer disputes maintained by the European Commission.
Efficiency
These Complaints Rules come into force on October 12, 2020.