This Complaint Rules governs the manner and terms of claim for defects of goods purchased through the online www.drdlik.co.uk store from our company
Martin Drdlík, with its registered office at Hamry 72, Hlinsko in the Czech Republic No. 539 01, Czech Republic, ID No. 752 669 62, VAT no CZ7808163495, telephone number +420 608 872 827, email: email@example.com. The company is registered in the Commercial Register maintained by the Municipal Authority of Hlinsko in the No. 71 paragraph 2 of the Trade Act for the Online Store, located at www.drdlik.co.uk .
Contact address: Martin Drdlík, with registered office at Hamry 72, Hlinsko, and No. 539 01, Czech Republic
Telephone number: +420 608 872 827
Contact e-mail: firstname.lastname@example.org
- General provisions
- The Complaint Procedure Code was prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter "the NOZ") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter "the Act") and applies to consumer goods (hereinafter referred to as "Goods") in which the buyer's rights under the liability for defects (hereinafter referred to as "Claims") are exercised during the warranty period.
- The Complaint Procedure is an integral part of the General Terms and Conditions. By signing the Purchase Agreement the Buyer agrees to the General Business Terms and Conditions and to this Complaint Procedure and confirms that he / she is properly acquainted with them.
- The customer of the internet shop www.drdlik.eu is either Buyer-consumer within the meaning of Section 2 (1) a) of Act No. 634/1992 Coll. (hereinafter referred to as the "Buyer-consumer") or the buyer-entrepreneur who acts in the course of his / her business activity (hereinafter referred to as the "Buyer-entrepreneur"). Buyer-consumer and Buyer-entrepreneur are collectively referred to as "Buyers".
- The Seller when concluding and fulfilling the Purchase Contract acts in the course of his own business activity. Seller is an entrepreneur who delivers products or services to the Buyer directly or through other entrepreneurs.
- For what kind of defects are we responsible for?
As a seller we are responsible for the fact that the goods are not defective at delivery. This means that goods taken over in particular:
- Has the features that have been arranged between us, that we describe or what you could expect in terms of the nature of the goods and based on advertising;
- is fit for the purpose that we mention or for what is the goods usually used;
- As a defect of goods is also considered situation when you receive different kind of goods that we agreed on.
- corresponds with the quality agreed between us or to the quality which the applicable legislation provides for the type of that goods; and
- Has no legal defects, i.e. the third party does not have the property rights and the goods is provided with documents necessary for proper use of the goods.
- A tax document and warranty certificates are enclosed with the Goods. If the Warranty Certificate is not attached than a tax document can be used instead.
- The matter corresponds to the quality or performance of the agreed sample or the original if the quality or design was determined according to the agreed sample or the original.
- is in the appropriate quantity, has the right measures or weight
- complies with legal requirements
We are also responsible for the consumer's liability for these defects not occurring in the warranty period. If you are not a consumer the statutory guarantee period provided in Article 2 is not provided. Article 2 applies only to consumers.
Beyond the statutory warranty period for consumers, we do not provide any guarantee of quality.
If you are an entrepreneur the right to defective performance only creates a defect that the goods have had when passing the risk of damage to the goods even if it is only later. In the event that the fault occurs depending on the violation of any of our obligations, you will also be entitled to a defective performance in such a case.
The difference in color shades in reality and on electronic imaging devices cannot be considered to be defective. If the goods do not fit your imagination you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with the General Terms and Conditions.
If you are a consumer and the defect of the goods is reflected within six months of the takeover, it is considered that the goods were already defective at takeover.
- What is the warranty period?
In the case of unused consumer goods, the warranty period is 24 months from the date of receipt of the goods, unless a longer warranty period is set in the web interface, in the documents enclosed with the goods or in the advertisement.
If the date of the minimum durability is stated on the goods or if there is a period of time for which the thing has to be used (perishable goods), the warranty period is limited to the date stated on that particular goods.
Please bear in mind that if the goods is exchanged for new goods or being repaired, replaced and spare parts do not run a new warranty period. However the warranty period is extended in such a case by the amount of time you could not use it due to the defect of the goods, that is to say the period during which the goods is being repaired.
- What rights do you have for defective performance?
Your rights to defective performance are governed by the Civil Code, especially § 2099 to 2117 and, if you are a consumer, § 2165 to 2174.
- If you are a consumer or entrepreneur:
In the event that the defect of the goods existed or is believed to have existed already upon receipt of the goods, you have the following rights to the defective performance.
If the defect is a substantial breach of the contract, you are entitled to the following rights:
- a) removing the defect by delivering a new item without defect or shipping the missing item;
b) removing the defect by repairing the item;
c) a reasonable discount on the purchase price; or
d) contract withdrawal.
In the event of a substantial breach of the contract please notify us (when a defect is notified or without undue delay after that notification) about which right from the defective performance you have chosen. Please note that if you do not do so you will only be entitled to the rights that you would be entitled to in the event of a minor breach of contract. The selected right of the defective performance can only be changed after agreement with us.
If we do not remove the defect within a reasonable time you may request a reasonable discount from the purchase price instead of removing the defect or you may withdraw from the contract.
If the defect is a minor breach of contract, you may require:
- a) a removal of defects; or
b) a reasonable discount on the purchase price.
If we do not remove the defect in time or reject the removal you may request a discount from the purchase price or you can withdraw from the contract. The selected right of the defective performance can only be changed after agreement with us.
Please note that unless you exercise your right to a discount on the purchase price or you withdraw from the contract we are entitled to supply missing items or remove a legal defect (in particular to supply missing documents).
Replacement or withdrawal cannot be claimed if you cannot return the item in the same condition you received it in. This does not apply if:
- a) there has been a change in condition as a result of a search to find a defect;
b) you used purchased goods before the defect was discovered;
c) you have not caused the inability to return purchased goods unaltered by negotiation or omission; or
d) you sold it before you discovered the defect, consumed it or altered it in a matter of general use; if only in part, you will return to us what else you can return and give us compensation up to the amount in which you have benefited from the use of the purchased goods.
- If you are a consumer only:
If the defect of consumer goods occurs within a guarantee period of twenty-four months after receipt of the goods (for the used goods twelve months after receipt of the goods), you have the following rights to the defective performance:
- a) You have the right to exchange goods if:
- the goods will lose one of the features listed in Article 1 of the Complaint Procedure during the warranty period and is not disproportionate in view of the nature of the defect;
- the fault is irreparable;
- You cannot use the goods properly for repeated defects after repair; or
- There is a number of defects in the goods.
Replacement of goods cannot be claimed if the exchange of goods is disproportionate to the nature of the defect. In this case, you are entitled to a free removal of the defect.
The right to exchange goods does not apply to you even in cases where only part of the goods is defective.
- b) You have the right to replace a defective part of the goods if:
- only part of the goods is defective;
- the fault is irreparable;
- You cannot use the goods properly for repeated defects after repair; or
- There is a number of defects in the goods.
- c) You have the right to a reasonable discount on the purchase price if:
- You do not choose the right to withdraw from the contract, replace defective goods or parts of goods or repair goods;
- We are not able to replace or repair the goods or their parts (e.g. goods is no longer manufactured);
- We will not be able to fix the situation within a reasonable time, or in cases where this fix would cause serious difficulties; or
- The goods have a defect from which we are committed and it is goods sold at a lower price or it is used goods.
- d) You have the right to withdraw from the contract if:
- the fault is irreparable;
- you cannot use the goods properly for repeated defects after repair;
- there is a number of defects in the goods;
- We are unable to replace or repair goods (for example goods is no longer manufactured); or
- it is not possible to replace defective goods or part of the goods for new flawless goods.
- Other rights:
- Obvious damage to the Goods or its packaging at delivery has to be immediately resolved with the carrier and write down inconsistency in to the delivery note (shipping slip). The Buyer is not obliged to accept such Goods from the carrier and informs the Seller about the damage without undue delay. On the day of receipt the Buyer will properly check the integrity of the Goods and the completeness of its accessories.
- In the case of personal collection by the Buyer, the moment of taking over the Goods is the moment of transition of the risk of damage to the Goods from the Seller to the Buyer. If the Purchaser fails to take a look at the takeover, he/she may claim the defects found during this inspection only if it proves that these defects (such as missing accessories) had Goods already at the time of transition. Subsequent Claims of Incompleteness of Goods or External Damage to Goods does not exempt the Buyer from the right to complaint. However the seller has the ability to prove that there is no conflict with the sales contract.
- In the event that the Buyer-Consumer exercises his right to require the removal of the defects by repair and in the warranty card for the purposes of warranty repairs the Goods designated by the entrepreneur are different from the Seller whose registered office or place of business is in the same place as the Seller or Buyer's Place the Buyer may exercise the right to a warranty repair on the entrepreneur mentioned in the warranty card and expedite the settlement of his claim.
- The right to repair the product may also be claimed by the appropriate authorized service, the Goods may be delivered to the Buyer by a personal or transport service. The list of authorized dealers is provided on the warranty card or the Seller will provide it to the Buyer upon a request.
- In the event of the Buyer sending the Goods to the Seller or the Service Center by the shipping service, he / she should in his / her own interest pack the claimed Goods into a suitable and adequately protective packaging material meeting the transport requirements so as not to damage it during transportation. For fragile Goods he should mark the consignment with the appropriate symbols. The consignment should include the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the defect and the correct contact details of the Buyer. In the case of large white appliances (washing machines, refrigerators, dishwashers, etc.) it is more convenient to contact the Service Center so the service technician can visit the buyer directly.
- The Buyer is obliged to prove in a provable manner that the Goods have been purchased at the online store or at www.drdlik.eu. The original is a proof of purchase of the Goods or a properly filled warranty card.
- Rights of liability for defects in Goods are not particularly applicable to cases where a defect or damage has arisen:
- by mechanical damage to the Goods
- by provably prohibited interference with the device, natural disaster, mechanical damage or removal or damage to the seals in the event that the Goods is provided with seals,
- by electrical overvoltage (visibly burned components or printed circuit boards) except for normal deviations,
- by improper use,
- by using the goods contrary to the instructions for use or instructions on the packaging or warranty certificate,
- by using contrary to generally known usage rules,
- by using in conditions which do not correspond to their temperature, dustiness, humidity, chemical and mechanical effects of the environment directly determined by the manufacturer or which clearly arise from the nature of the matter,
- by demonstrably unprofessional installation and operation,
- if the warranty card shows clear indications of the changes made to the data or if the Goods has a different serial number than the one shown on the warranty card.
- The Seller's liability for defects does not apply to wear and tear caused by the normal use, for Goods sold at a lower price for a defect for which the lower price was agreed, for the used Goods for a defect corresponding to the degree of use or wear and tear of the Goods upon taking over by the Buyer.
- A defect resulting from unprofessional installation or other unprofessional commissioning is considered a defect if such assembly or commissioning has been negotiated in the sales contract and executed by the Seller or another person under the responsibility of the Seller.
- If the contents of a package or item of purchase is consumable material (such as a battery, accumulator, print head, projector lamp) the usual lifetime for normal use is 6 months, unless expressly stated otherwise. The Buyer's right to claim Goods within the statutory warranty period is not affected. However the buyer must take into account the fact that the warranty does not apply to the wear and tear of the Goods or its parts caused by the normal use and cannot be confused with service life.
- For gifts delivered by Seller to the Buyer free of charge under a Purchase Agreement for other Paid Goods, no warranty or liability for defects beyond the scope of the law can be claimed. In case of withdrawal from the purchase contract the Buyer is obliged to return the Goods which is provided as a gift to the Seller in its original condition.
- Upon Buyer's request Seller is required to provide the Buyer with a written confirmation of defective performance obligations to the extent specified by law (warranty certificate). The warranty sheet must include the name or business name, ID and registered office of the Seller. If the nature of the matter so permits, it is sufficient, instead of the warranty card, to issue to the Buyer a proof of purchase of Goods containing data as a warranty card. If the warranty period is longer than the statutory warranty period, the Seller will determine the terms and extent of the warranty extension in the warranty card.
- When can you not exercise the rights of defective performance?
- You are not entitled to defective performance if:
- you knew about the defect before taking over;
- you have caused a defect yourself; or
- The warranty period has elapsed.
- The warranty and claims for liability for defects also do not apply to:
- wear and tear of the goods caused by its normal use;
- Defects of used items corresponding to the amount of use or wear that the goods had when it was taken over; or
- If it results from the nature of the matter.
- Rights concerning Goods defects
- If the property does not have the properties listed in Seller's Article Liability, the Buyer-Consumer may also require the delivery of new Goods without defects unless it is disproportionate due to the nature of the defect. If a defect affects only a part of the Goods the Buyer-Consumer may only require replacement of that part, if this is not possible you may withdraw from the contract. However if the defect is disproportionate due to the nature of the defect in particular if the defect can be fixed without undue delay, it is a minor breach of the contract and in such case the Buyer-consumer always has the right to repair the defect free of charge.
- The Right to Deliver a New Goods or Replace a Component has a Buyer-Consumer even in the case of a defect that can be fixed if he cannot properly use the item for the repeated occurrence of a defect after repair or for a greater number of defects. In such a case the Buyer-consumer has the right to withdraw from the contract. Repeated occurrence of a defect after repair is considered to be the same defect that has been removed at least twice in the warranty period and will be recurrent. If the Goods were repaired at least three times for a variety of removable defects before the complaint is claimed, it is considered to be suffering from a greater number of defects.
- If the Buyer-consumer does not withdraw from the contract or exercise the right to deliver new Goods without defects to replace its part or to repair it, he/she may require a reasonable discount. Buyer-consumer has the right to a reasonable discount even if the Seller cannot deliver the new Goods without defects, replace its part or Repair goods as well as if the Seller fails to fix the goods within a reasonable time or if the fix provoked significant difficulties for the buyer-consumer.
- The Buyer can not exercise the right of defective performance if the Seller has pointed out before the Goods takeover that the Goods have a defect or if the Buyer has caused the defect himself.
- The buyer-consumer is entitled to withdraw from the contract in all cases mentioned in the NOZ and the Act. Withdrawal is effective against the Seller at the time when the Buyer-Consumer's Declaration of Withdrawal is handed over or delivered to him, provided that all legal conditions pursuant to §2001 et seq. NOZ In the event of withdrawal from the contract, the contract is canceled from the outset and the contracting parties are obliged to return everything they have provided on the basis of the contract.
- In the event of withdrawal Buyer is obliged to return to the Seller complete Goods including all accessories.
- If a defect of goods that has been sold as used or sold at a discount, taking into account its inferior quality at the time of sale, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.
- Warranty period
- The Buyer-Consumer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of receiving the Goods. If Goods is defective within six months of receipt the Goods shall be deemed as defective already upon receipt, unless proven otherwise. In the case of the purchase of already used Goods, the period for exercising the rights from the defective performance is 24 months. For the Buyer-entrepreneur the warranty period is twelve months.
- The warranty period begins to take place when the buyer takes over the goods. The warranty period is extended by the time the Goods were repaired. In the case of replacement of Goods under warranty repairs the original warranty period continues.
- If the Goods purchased are to be commissioned by another entrepreneur than the Seller, the warranty period will start to run from the date of placing the Goods into operation. If the Purchaser ordered the commissioning within three weeks of the receipt of the item and provided the necessary assistance to the service properly and in good time. Date of commencement of Goods in operation is indicated in the document for placing the Goods into service, which is received by the Buyer. Therefore the warranty period begins only if all the above conditions are met. If none of them is fulfilled the warranty period starts running from the date of receipt of the item.
- How to proceed with a complaint?
A complaint with our company we process without undue delay from the discovery of the defect. In accordance with the Consumer Protection Act, we accept complaints:
- at an establishment where the receipt of a claim is possible with regard to the range of goods sold;
- at the headquarters of our company;
For the quickest possible processing of complaints, we recommend using our contact address:
+420 608 87 28 27
Suggested Complaint Procedure:
- for quicker processing you can inform us about the complaint in advance by phone, e-mail or in writing;
- At the same time, it is advisable to inform us of the right to defective performance you have chosen, i.e. whether you have an interest in repairing the item, exchanging goods or parts, withdrawing from the contract, discounting the purchase price or other rights in accordance with these Complaints and Civil Code;
- Claimed goods deliver to us (other than cash on delivery) and we recommend that you pack the goods in a suitable packaging in order to avoid damage or destruction;
- In order to facilitate the procedure it is advisable to attach a proof of purchase or a tax document - an invoice if issued or another document proving the purchase of the goods together with a description of the defect and a proposal for a complaint settlement.
Failure to comply with any of the above steps or failure to submit any of the above documents shall not prevent the claim from being processed in accordance with the law.
The moment of claiming is the moment when the occurrence of the defect has been notified and the right of liability for the defects of the item sold has been exercised.
The complaints we receive are handled immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Complaints including the removal of a defect will be settled without undue delay no later than 30 days after the date of the claim, unless we agree for a longer period.
We will provide you with a written confirmation of your complaint, when you exercised that right, what the complaint is and what form of complaint you requested; (after the complaint has been processed) we will issue a confirmation of the date and manner of processing the complaint including the confirmation of the repair and the duration of the complaint or a written justification for the refusal of the complaint.
In accordance with the Civil Code, you have the right to reimbursement of the expense incurred when claiming goods. Please note that you have to claim the right to reimbursement within one month after the expiry of the time limit for defect.
- Refusal to accept the complaint
- Seller is entitled to refuse to accept the Goods in a claim if the Goods are contaminated or its components are.
- The Seller may also reject the Goods claim if the Goods are not handled in accordance with hygiene regulations and general hygiene principles.
- For reasons of security when carrying Goods and other handling, the Seller is entitled to reject the Goods claim even if it is not removed from the engine oil and gasoline.
These Trade Conditions are valid and in effect since May 24, 2019, and replace the identical Trade Conditions valid from 8 May 2016, the Czech Republic.
- Martin Drdlik, drdlik.co.uk, Czech republic