1/1 These complaint rules were prepared in accordance with the provisions of Act No. 40/1964 Coll., The Civil Code, No. 513/1991 Coll. and z.č. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the “Act”) and applies to consumer goods (hereinafter referred to as the “Goods”), for which the Buyer's rights from liability for defects are exercised during the warranty period ( hereinafter referred to as "Complaints").
1/2 "Consumer contract" is a purchase contract, a contract for work, or other contracts, if the contracting parties are the consumer on the one hand and the supplier on the other.
1/3 "Seller" is a natural person Tomáš Sedláček-RESTDAY, with its registered office at Napajedelská 226 (NEW ADDRESS)
Otrokovice 765 02, IČ 18747078, DIČ: CZ6812181739. It is an entrepreneur who directly supplies products or services to the buyer.
1/4 The customer of our online store is the "Buyer". Due to the valid legal regulation, a distinction is made between the buyer, who acts within the scope of his business or other entrepreneurial activity during the conclusion and performance of the contract, and the consumer buyer. The warranty period begins when the Goods are taken over by the Buyer. The warranty period is 24 months, with the exceptions stipulated by law. The warranty period is extended by the time for which the goods were under warranty repair. In the event of an exchange of goods, a new warranty period begins to run.
1/5 The warranty does not cover wear and tear caused by normal use.
1/6 At the request of the consumer, the seller is obliged to provide a guarantee in writing (warranty card). If the nature of the thing allows it, it is sufficient to issue the buyer a proof of purchase containing the data (invoice) instead of the warranty card, which must contain the data as a warranty card. The guarantee certificate must contain the name and surname, name or business name of the seller, ID number, registered office if it is a legal entity, or residence if it is a natural person. If a longer than statutory warranty is provided, the seller will specify the conditions and extent of the warranty extension in the warranty card.
1/7 The consumer is entitled to withdraw from the contract in all cases stipulated by law. Withdrawal is effective against the Seller from the moment when the Buyer's statement on withdrawal from the contract is delivered to him, if all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they have provided under it. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the buyer returns the performance provided by the Seller, only to the extent that is objectively possible in the situation.
1/8 If it is a defect that can be removed, the buyer has the right to have it removed free of charge, in a timely and proper manner, and the seller is obliged to remove the defect without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract.
1/9 If it is a defect which cannot be removed and which prevents the thing from being properly used as a thing without a defect, the buyer has the right to exchange the thing or has the right to withdraw from the contract. The same right belongs to the buyer, if the defects are remediable, but if the buyer can not properly use the thing for the recurrence of the defect after repair or for a larger number of defects. In the case of other irreparable defects and if it does not require the exchange of the item, the buyer is entitled to a reasonable discount on the price of the item or may withdraw from the contract.
2/1 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. After the expiration of this period in vain, the Buyer is granted the same rights as if it were an irreparable defect.
2/2 In situations where it is necessary to send the Goods to the Seller, the Buyer shall, in its own interest, ensure that the Goods are packed in a suitable and sufficiently protective packaging material meeting the requirements of transport of fragile goods, including all accessories and mark the shipment with appropriate symbols.
2/3 The seller will issue a written confirmation of the complaint, stating the method of its settlement and the date of termination. After the proper settlement of the complaint, it will invite the buyer to take over the repaired goods in the agreed manner.
2/4 The right to claim the warranty expires in case of unprofessional installation or unprofessional commissioning of the Goods, as well as in case of unprofessional handling, ie especially when using the goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
The defect was caused by unprofessional installation, handling, operation, manipulation or neglect of care of the Goods.
The defect was caused by unauthorized intervention in the goods or other modifications without the permission of the manufacturer. The goods were damaged by the elements.
2/5 In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the Buyer by transfer to a bank account or handed over in cash.
2/6 These complaint rules come into force on November 1, 2011. We reserve the right to make changes to the complaint procedure.