1.This complaints policy describes how to proceed when filing a complaint about goods acquired from Konsepti, spol. s r. o., with its registered office at Komunardů 32, 170 00 Prague 7, Id. No.: 63668203, registered in section C, Insert 37570 with the Register Court in Prague (hereinafter referred to as "Konsepti"). The Buyer is obliged to familiarize himself with this complaints policy and proceed in accordance with it. By concluding a purchase contract, the Buyer agrees to this complaints policy.
2.Konsepti shall be responsible for the fact that the goods do not have defects when taken over by the Buyer. According to the provisions of Section 2161 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "CC") Konsepti is in particular liable to the Buyer, that at the time the Buyer took over the goods
•the goods have the characteristics which the parties have arranged and in the absence of an arrangement of such characteristics as described by the seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them.
•the goods are suitable for the purpose indicated by the seller for its use or for which a thing of this kind is usually used.
•the goods are in the appropriate quantity, rate or weight.
•the goods comply with the requirements of the legislation.
If the defect occurs within six months of receipt, it is considered that the goods were defective at the time of receipt by the Buyer, unless Konsepti proves otherwise.
3.The complaint about the goods referred to in paragraph 2 cannot be applied in the cases referred to in Sec. 2167 of the CC, i.e. defects in goods for which a discount has been granted, defects caused by the normal use of the goods (shorter life of the product cannot be considered a defect and as such no complaint about it can be filed), by the used goods for defects corresponding to the degree of use or wear and tear or if it results from the nature of the goods. Furthermore, the complaint may not be filed in the case of the use of the goods in a manner for which the goods have not been intended, manufactured or tested, in the event of a defect caused by inappropriate handling, fall, hit, unauthorized interference with the structure or mechanics, by repairs carried out by untrained personnel or non-observance of the "Instructions for use" if they have been submitted to the Buyer.
4.The Buyer is entitled to exercise the right from defect within 24 months of delivery and receipt of the goods (hereinafter referred to as the "Statutory Warranty Period") with the exception of items specially notified in the offer and with the exception of the used goods, in which case this period is 12 months. If the complaint about the goods has been settled with the Buyer in the Statutory Warranty Period by replacing the goods for new ones, the warranty period will not start to run again, but the original warranty period continues, starting from the date of the settlement of the complaint.
5.The Buyer shall, when possible, to inspect the goods as soon as possible after their receipt in accordance with Sec. 2104 of the CC (however no later than 24 hours after the receipt of the goods) and shall verify the properties and quantity of the goods.
7.In a situation where the goods need to be sent to Konsepti, the Buyer shall, in his own interest, keep the goods packed in appropriate and sufficiently protective packaging material satisfying the requirements of the transport of fragile goods, including all accessories and to label the consignment with the relevant symbols.
8.Within 5 days at the latest Konsepti will propose a complaint settlement, either in the form of the on-site repair of the goods, repair by the manufacturer, the replacement of goods or the granting of an additional discount. This period does not include a period appropriate according to the type of product or service required for a professional assessment of the defect. In the case of repairs by a manufacturer abroad, the time limit for the elimination of the defect shall be determined by agreement between the parties.
9.In case of any visit of the service technician by the Buyer, it is necessary that the protocol of discovered defects and their removal is drawn up. Without such a protocol, a visit of the service technician is not taken into account.
10.Complaints, including the defect, will be settled without undue delay, no later than within 30 calendar days from the date of the complaint, unless Konsepti agrees otherwise with the Buyer. The period required for a professional assessment of the culprit of the reported defect shall not be included in the period of 30 calendar days according to the preceding sentence. After the lapse of period for settlement of the complaint, the Buyer has the same rights as if it was a defect that cannot be removed.
11.The period for settlement of complaints is suspended if Konsepti has not received all the supporting documents necessary for the settlement of the complaint (parts of the goods, other supporting documents, etc.). Konsepti is obliged to request the submission of documents from the Buyer in the shortest possible time. The period is suspended from this date until the Buyer has submitted requested documents.
12.Konsepti shall issue the Buyer with written confirmation of when the complaint was made, what is its content and what method of its settlement the Buyer requires. In addition, Konsepti shall issue a certificate of the date and method of settlement the complaint, including confirmation of the repair and its duration. In the event of a rejected complaint, Konsepti shall issue a written statement of reasons for that rejection. This obligation also applies to other persons intended to carry out the repair.
13.If the Buyer is not satisfied with the settlement of the complaint even after an investigation of the case by Konsepti, he is entitled to contact the court or the Czech Trade Inspection. For more information on out-of-court dispute resolution, please visit: adr.coi.cz, e-mail: adr@ coi.cz.
14.After the complaint has been properly processed, Konsepti shall request the Buyer to provide cooperation in order to settle the complaint.
15.The provisions of this Complaint Policy, with the exception of paragraphs 1,3,5,6,7,8,9,14 and 15, do not apply to cases where the Buyer is an entrepreneur by whom, when concluding a contract, it is clear from circumstances that the purchase relates to his business activity. In this case, Konsepti is liable for defects under the CC, whereas the contracting parties shall negotiate in a mutual agreement the possible quality warranty, the duration of the warranty period and the derogations from the CC.