Complaints procedure for entrepreneurs and legal entities
This Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter referred to as the “Complaints Procedure”) regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity through the online store dekontacbrn.cz from an entrepreneur:
– Dekonta CBRN s.r.o., Volutová 2523, 1588, Prague 5
– Identification number: 25157957
– Tax registration number: CZ25157957
– registered: in the Commercial Register kept at the Municipal Court in Prague, file number C 275241
– Delivery address: Dekonta CBRN s.r.o., Volutová 2523, 1588, Prague 5
– Phone number: +420 604 248 098
– Contact e-mail: eshop@dekontacbrn.cz
- Seller’s liability for defects
1.1 The Seller is responsible for the fact that the goods are free from defects upon receipt. This means that the goods on receipt, in particular:
– is in the agreed quantity;
– corresponds to the quality and workmanship agreed between the buyer and the seller, if applicable, according to the agreed sample or model, if applicable, according to the purpose evident from the contract; otherwise for the purpose normally intended;
– a defect in the goods shall also be deemed to exist if the seller delivers to the buyer goods other than those agreed between them;
– the goods are free from legal defects, i.e. the goods are free from third party property rights and the goods are accompanied by the documents and papers necessary for the proper use of the goods.
The Seller does not provide any warranty.
1.2 Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods.
- Buyer’s rights arising from defective performance
2.1 The Buyer’s rights arising from defective performance shall be governed by this Complaint Procedure.
2.2 If the defect in the goods is a material breach of contract, the Buyer is entitled to the following rights under defective performance:
- a) remedy the defect by supplying a new item without defect or by supplying a missing item; or
- b) remedy the defect by repairing the item.
2.3. If the defect in the goods is a non-substantial breach of contract, the buyer may demand the removal of the defect.
2.4 The Buyer shall inform the Seller of the chosen method of resolving the claim when notifying the Seller of the defect, otherwise the Seller shall decide on it. The choice made can only be changed after agreement with the Seller.
If the Buyer considers the defect to be a material breach of contract, he is obliged to provide the Seller with proof of this.
2.5 Replacement of the goods or withdrawal from the contract cannot be requested if the buyer cannot return the goods in the condition in which he received them.
- Impossibility of exercising rights arising from defective performance
3.1 The buyer is not entitled to rights under defective performance if he knew of the defect before taking over the goods or caused the defect himself (e.g. by using the goods contrary to their purpose, instructions for use, excessive use or neglect of proper care of the goods).
3.2 Liability claims for defects do not apply to:
– wear and tear caused by normal use of the goods;
– goods sold at a lower price – only in relation to the defect for which the lower price was agreed; or
– if the nature of the goods so requires.
- Complaint procedure
4.1 The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of the defect. The contact address of the Seller is designated for the receipt of the claimed goods.
4.2 Binding complaint procedure:
– For faster processing, the buyer can inform the seller about the complaint in advance by phone, e-mail or in writing;
– The buyer is obliged to inform the seller about the right he has chosen from the defective performance, describe the defect and how it manifests itself;
– The Buyer shall deliver the goods subject to complaint to the Seller (by other means than by cash on delivery, which is not accepted by the Seller); when sending the goods, the Buyer shall wrap them in suitable packaging to prevent damage or destruction;
– The buyer shall enclose with the goods a proof of purchase or a tax document – invoice, if issued, or other document proving the purchase of the goods.
4.3 The moment of claiming is the moment when the Seller received the claimed goods.
4.4 The Buyer is not entitled to payment of the costs associated with the claim.
This Complaints Procedure is valid and effective from 1.9.2021