This Complaints Procedure applies to purchasing of any goods on eshop.stc.cz. The warranty as per this Complaints Procedure applies to the goods that have been purchased under the purchase contract and the complaint about which is lodged within the warranty period.
The Complaints Procedure specifies the rights and obligations of the Sellers and the Buyer that is either a LE Buyer or a NP Buyer, as defined in section 1.2 of the Commercial Terms and Conditions.
- The Seller provides the warranty for quality for 24 months as of takeover of the goods by the Buyer. The period from enforcement of a right arising from liability for defects to the time when the Buyer has the obligation to take over the goods after the repair is completed shall not be included in the warranty period.
- The warranty does not and cannot be applied after the warranty period ends; to the wear and tear of the goods caused by usual use or mechanical damage or use for purposes which are not usual for the respective goods.
- PROCEDURE FOR FILING AND SETTLING A COMPLAINT
COMPLAINT LODGEMENT AND SETTLEMENT PROCEDURE NP BUYER
- The NP Buyer sends the claimed goods to the Seller’s registered office at its own costs and risk. Further, the Seller recommends sending the claimed goods including any and all accessories and, if possible, in the original or duplicate packaging. The Seller also recommends sending a delivery note or tax document, along with the goods in order to accelerate the complaint procedure, however, the NP Buyer always has the obligation to demonstrate that it purchased the goods from the Seller. The Seller shall issue a written confirmation of the complaint lodgement to the NP Buyer, the Seller’s personnel shall draw up the complaint receipt confirmation with the NP Buyer upon its request, stating the description of the claimed defect and thus confirms the commencement of the complaint procedure.. The NP Buyer may enforce the rights arising from the liability for defect by telephone on business days, phone No. +420 246 052 577(business days from 8:00 a.m. – 4:00 p.m.) or send an electronic mail to email@example.com.
- The seller will assess the eligibility of the claim and terminate the complaint procedure within 30 calendar days, unless a longer period of time is agreed to with the NP Buyer. The thirty-day period for the complaint settlement commences on the day following the complaint lodgement by the NP Buyer. Once the complaint is settled, the NP Buyer receives one copy of the complaint receipt document, stating how the complaint was settled.
- Should the assessment of the eligibility of the claimed defect conducted by the Seller reveal that the complaint is unjustified, it shall advise the NP Buyer accordingly without undue delay, however, no later than in 30 days as of the complaint lodgement. Should the complaint be assessed as unjustified, this fact shall be stated in the complaint receipt document.
- In the case of a justified complaint, the NP Buyer shall have the right to compensation of any and all necessary expenses incurred in connection with enforcement of the rights in respect of the liability for defects. The individual claims of the NP Buyer arising from the liability for defects shall be inferred from the fact of whether the claimed defect can or cannot be rectified.
- Rectifiable Defects
In the case of a rectifiable defect, the NP Buyer shall have the right to have the defect eliminated free of charge in a proper and timely manner, whereas the Seller shall eliminate the defect without undue delay. Should it be inadequate in the case of the defect in the claimed goods due to the character thereof, that would be rectifiable otherwise, the NP Buyer may demand that the goods be replaced, or, when the defect applies only to a part of the goods, demand such part be replaced. Where such procedure is impossible, the NP Buyer shall be entitled to demand a reasonable discount from the purchase price of the goods or to withdraw from the contract. The NP Buyer shall also be entitled to the goods replacement or to withdrawal from the contract when the defects are rectifiable, however, the NP Buyer cannot properly use the goods due to repeated occurrence of the defect after repair or due to high occurrence of the defects.
- Unrectifiable Defects
Should the defect be unrectifiable and prevent proper use of the goods as goods free of defects, the NP Buyer shall be entitled to the goods being replaced with new ones or to withdraw from the contract. In the case of an unrectifiable defect which, however, does not prevent proper use of the goods and when the NP Buyer does not require the goods to be replaced, it shall be entitled to a proportional discount from the price of the goods or to withdraw from the contract.
COMPLAINT LODGEMENT AND SETTLEMENT PROCEDURE LE BUYER
- The LE Buyer has the obligation to notify the Seller of the defect in the goods in a demonstrable manner without any undue delay upon discovering the defect. The LE Buyer sends the claimed goods to the Seller’s address of registered office at its own costs and risk. Further, the LE Buyer shall send the claimed goods including any and all accessories and, if possible, in the original or duplicate packaging. The Seller also recommends sending a delivery note or a tax document, along with the goods in order to accelerate the complaint procedure, however, the LE Buyer always has the obligation to demonstrate that it purchased the goods from the Seller.
- The Seller’s personnel shall assess the claimed defect and decide on justification of the complaint and on whether it constitutes a substantial or unsubstantial violation of the contract immediately, if possible, otherwise within a reasonable period of time based on severity and scope of the defect. The Seller’s personnel shall draw up the complaint receipt document, stating the description of the claimed defect, method and deadline of the complaint settlement.
- Should the claimed defect assessment conducted by the Seller reveal that the complaint is unjustified, it shall advise the LE Buyer accordingly without undue delay, however, no later than in 30 days as of the complaint lodgement. Should the complaint be assessed as unjustified, this fact shall be stated in the complaint receipt document.
- The individual claims of the LE Buyer arising from the liability for defects shall be inferred from the fact of whether delivery of the goods with a defect constitutes substantial or unsubstantial violation of the contract.
Substantial Violation of the Contract
- The contract has been violated substantially if the goods have unrectifiable defects or more defects which prevent the proper use thereof. In such case, the LE Buyer may:
- a) request the defects be eliminated by delivery of substitute goods replacing the defective ones, delivery of the missing goods and request the legal defects be eliminated,
- b) request the defects be eliminated by repairing the goods, provided that the defects are rectifiable,
- c) request a reasonable discount from the purchase price, or
- d) withdraw from the contract.
- The LE Buyer may choose from the above-mentioned options only if doing so in the defect notification when lodging the complaint or within 2 days as of such notification. The LE Buyer cannot change the chosen option without the Seller’s consent. Should the LE Buyer not make its choice within the above-mentioned period of time, it shall have the rights arising from the defects in the goods as in case of unsubstantial contract violation.
Unsubstantial Violation of the Contract
- The contract has been violated unsubstantially if the goods have rectifiable defects or more defects which do not prevent the proper use thereof. In such case, the LE Buyer may:
- a) demand the missing goods be delivered and other defects in the goods eliminated, or
b) demand a discount from the purchase price.
- The Seller shall rectify the other defects, at its own discretion, either by repairing the goods or delivering the substitute goods.
- A reasonable period of time for the defect elimination is 30 calendar days as of delivery of the defective goods to the Seller. In justified cases, the reasonable period of time can be adjusted by the Seller. Should the LE Buyer not give its consent to the Seller without undue delay after the period notification, it shall be deemed to be fixed by agreement. The LE Buyer shall not withdraw from the contract if it fails to notify the Seller of defects in a timely manner. The contract shall not be withdrawn from if the LE Buyer cannot return the goods in an as-received condition, except for the cases when the impossibility to return the goods in the as-received condition has not been caused by the acts or omissions on the part of the LE Buyer, or if the condition of the goods has changed as a result of the inspection duly conducted for purposes of identifying the defects in the goods.
- If the value of the returned goods has decreased (in case of partial wear and tear of the goods), the LE Buyer shall compensate the Seller up to the amount of its benefit from the use of the goods. In such case, the Seller is entitled to set off the value of the wear and tear or consumption of the goods with the LE Buyer’s claim for the purchase price refund. The purchase price is then paid to the LE Buyer in the amount reduced by the value of the goods wear and tear in the way the Seller received the price.
- CLAIMING GOODS DAMAGED IN TRANSIT
Should the Buyer receive a consignment containing goods that has been apparently damaged, or if an open consignment has been delivered by the carrier, the Buyer is entitled to refuse to accept the consignment, stating the damaged packaging as the reason. Should it accept it anyway or find out the damage to the goods after removing the packaging, the Seller recommends that the Buyer, for the avoidance of any doubts and of possible rejection of the complaint, notify the respective carrier of the damage and draw up the damaged goods report with it. Based on such written damaged goods report and outcome of the carrier’s investigation, the Seller shall decide on the complaint justification. In case that the Buyer receives an open or damaged consignment from the carrier and has not obtained a written confirmation from the carrier of this fact which he could assert against the Seller.the Buyer shall lose any and all associated claims (qualitative or quantitative defects of performance), which it might have lodged with the Seller