Consumer Complaints Procedure
This Consumer Complaints Procedure (hereinafter referred to as the “Complaints Procedure”) regulates the method and conditions for claiming defects in goods purchased by the consumer through the online shop dekontacbrn.cz from the 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: +420 604 248 098
– Contact e-mail: firstname.lastname@example.org
- Liability for defects
1.1 As the Seller, we are responsible for ensuring that the goods have been delivered to you as ordered and that the goods are free from defects on receipt. This means that the goods on receipt, in particular:
– has the characteristics that have been agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of advertising;
– is in the appropriate quantity, measure or weight;
– complies with the requirements of the law;
– is fit for the purpose we state or for which the goods you have purchased is usually used;
– is of the quality agreed between us or, where applicable, or is of the quality required by applicable and effective law for the type of goods; and
– is free from legal defects, i.e. the goods are free from third party property rights and are accompanied by the documents and papers necessary for the proper use of the goods.
Furthermore, we are responsible for ensuring that these defects do not occur within the warranty period. We do not provide any guarantee of quality beyond the statutory warranty period for consumers.
1.2 Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions for Consumers.
1.3 If a defect in the goods becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.
- Warranty period
2.1 For unused consumer goods, the warranty period is 24 months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in the advertisement.
2.2 In the event that the goods are replaced or repaired, the new goods or the replaced parts and spare parts shall not be subject to a new warranty period. However, in such a case, the warranty period is extended by the period during which you have been unable to use the goods due to the defect, i.e. in particular the period during which the goods are under repair.
2.3 Used goods are not covered by warranty.
- Rights arising from defective performance
3.1 Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and also Sections § 2165 to 2174.
3.2 In accordance with the above provisions, you are entitled in particular to the following rights:
- a) Completing what is missing
If we deliver goods to you in less than the agreed quantity or if we deliver incomplete goods, you have the right to have what is missing completed.
- b) Discount on the purchase price
If there was a defect in the goods when you received them or if the defect occurred within the warranty period, you can always claim a reasonable discount on the purchase price.
- c) Replacement of the goods or defective parts of the goods
You may always demand replacement of the goods or defective parts of the goods, unless this is disproportionate to the nature of the defect (i.e. in particular if immediate repair is not possible) and unless it is only a minor breach of contract.
You do not have the right to have the goods replaced if only a part (component) of the goods is defective. If we conclude that only part of the goods is defective during the complaint procedure, we will replace that part.
You cannot ask for a replacement for goods sold at a lower price. Instead, you can claim a discount on the purchase price.
- d) Repairing the item
If the goods can be repaired, you are entitled to have the defect rectified free of charge. If it becomes apparent during the complaint procedure that we are unable to repair the goods, we will inform you immediately and you may choose another method of dealing with the complaint as set out here.
- e) Refund (withdrawal)
You can only claim a refund if:
– our delivery of a defective or incomplete item constitutes a material breach of contract; or
– we are unable to remedy the defect which prevents you from using the goods properly or we are unable to replace the defective goods (e.g. the goods are no longer manufactured); or
– you cannot use the goods properly because of the recurrence of the defect after the repair (recurrence of the same defect after at least two previous repairs); or
– the goods have multiple defects (simultaneous occurrence of at least three repairable defects, each of which prevents the goods from being used properly); or
– we fail to comply with the time limit for dealing with the complaint.
3.3 It is a condition of the exchange of goods or refund (withdrawal) that you return the goods in the same condition as you received them. The exception is if:
1; a) there has been a change in the condition as a result of an inspection to detect a defect;
- b) you used the item before the defect was discovered;
- c) you did not cause the impossibility of returning the item in its unaltered condition by your act or omission; or
- d) you sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this happened only in part, you shall return to us what you can still return and compensate us to the extent that you benefited from the use of the item.
- When can the rights arising from defective performance not be exercised?
4.1 You are not entitled to defective performance rights if:
– you were aware of the defect before taking delivery;
– you caused the defect; or
– the warranty period has expired.
4.2 Warranty and liability claims do not apply to:
– wear and tear caused by normal use of the goods;
– items 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 (in particular, goods which by their nature cannot last for the entire duration of the warranty period).
- Complaint procedure
5.1 You must file a claim with us without undue delay after discovering the defect.
5.2 Complaints are accepted at any of our premises where acceptance is possible in view of the range of goods sold and at our registered office.
If you wish to have an item repaired and the certificate of the duration of rights under the defective performance (warranty certificate) indicates a person designated for the repair, you are obliged to file a claim with this person. You are only obliged to do this if this person is located at the same place as us or at a place closer to you.
5.3 Recommended Claim Procedure:
– For faster processing, you can inform us in advance by telephone, e-mail or in writing;
– At the same time, it is advisable to inform us of the right you have chosen from the defective performance, i.e. whether you are interested in the completion of what is missing, a discount on the purchase price, the replacement of the goods or their defective parts, the repair of the item, a refund or other rights in accordance with this Complaints Procedure and the Civil Code;
– Deliver the claimed goods to us together with the claim or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of the registered office or business premises (or to the address of the person designated for repair), and when sending the goods, we recommend that they be packed in suitable packaging to prevent damage or destruction;
– To facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document – invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim in accordance with the statutory conditions.
5.4 The moment of filing a claim is the moment when we have been notified of the occurrence of the defect and the right of liability for defects of the sold item has been exercised.
5.5 We decide on the received complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including any rectification of the defect, will be dealt with without undue delay, at the latest within 30 days of the date of the complaint, unless a longer period is agreed.
5.6 If you choose a right that cannot be granted for objective reasons (in particular in the case of irremovable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with this Complaints Procedure.
5.7 When you make a claim, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require. We will also (after the claim has been settled) issue you with confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written statement of reasons for rejecting the claim.
5.8 In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred in claiming the goods. Please note that you must exercise your right to reimbursement of these costs within one month after the expiry of the period within which the defect must be brought to your attention.
This Complaints Procedure is valid and effective from 1.9.2021.