This complaint order was prepared according to the provisions of Act No. 89/2012 Coll.,Civil Code and z.č. 634/1992 Sb., Consumer Protection Act, as amended(Furthermore "the law") and refers to consumer goods (Furthermore "the goods"), in which the buyer's rights of responsibility for defects are applied in the warranty period (Furthermore "the complaints").
Consumer is every person who except in the framework of his business or outside the independent performance of his profession concludes a contract with an entrepreneur or otherwise act.
Seller is a trading company Gabriela Lightweight, based on Vrnčí mine 2865/21, Jablonec nad Nisou Identification number: 47293888, Trade Layer number 350402-14374-00 Released by Licence office in Jablonec nad Nisou 3.9.1999 under LO/001482/99/VI. Gabriela Lehká is a person who acts within his business or other business activities when concluding and fulfilling contracts.
Defects of goods
- The seller corresponds to the consumer for the fact that the selling thing is in accordance with the Purchase Agreement and is without defects.
- By dealing with the Purchase Agreement, it means that the selling thing:
- has the quality and utility properties of the contract required, the seller, manufacturer or its representative described, or on the basis of them performed by advertising.
- Quality and utility properties for the matter of the usual.
- meets the requirements of legislation.
- It is in the appropriate amount, degree or weight and corresponds to the purpose that the seller for the use of the case is or for which the thing is usually used.
Rights from the defect of goods
- In the event that the consumer is not in accordance with the purchase contract (hereinafter referred to as "the contradiction with the Purchase Agreement"), the consumer has the right to make the seller free of charge free of charge and without undue delay in the condition of the corresponding purchase contract, according to the consumer's requirement either in exchange of thing or by repairing it. It is not - if this can withdraw from the contract.
- However, if it is disproportionate due to the nature of the defect, the consumer has the right to remove the defect.
- The right to deliver a new thing or replacement of the component has a consumer even in the event of a removable defect if it cannot use the case for the repeated incidence of defects after repair or for a larger number of defects. In this case, the consumer and the right to withdraw from the contract.
- If the consumer does not send from the contract or if it does not apply the right to deliver a new cause without defects, the replacement of its component or to repair the matter may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot add a new thing without defects, replace her component or fix the thing.
- The Buyer's defective performance does not belong to the Buyer if the buyer before taking action of the contradiction to the Purchase Agreement knew or contradictory with the purchase contract himself caused.
- The consumer is entitled to apply the right of defect, which occurs in consumer goods during twenty four months after taking over. Contract with poption contract, which will take effect within six (6) months from the date of receipt of the case, is considered to be a contradiction existing at its takeover, if it does not contradict the nature of the case or if it does not prove the opposite.
- The warranty period begins to run by the consumer's acquisition. Unless otherwise stated in the goods documentation, the warranty period shall be 24 months. The warranty period is extended by the period for which the goods were in the complaint procedure. In the event of replacement, a new full warranty period is provided on the goods.
- The seller's responsibility shall not apply to defects:
- wear things caused by its usual use.
- for goods sold at a lower price for a defect for which the lower price was agreed.
- for the goods used at a defect appropriate to the extent of the use or wear, which had the goods upon receipt by the buyer.
- At the request of the consumer, the Seller is obliged to issue a written confirmation of the obligations of defective performance to the extent specified by the Act (Warranty Sheet). Where it allows the nature of the thing, it is sufficient instead of the warranty certificate to issue a proof of purchase of a thing (paragon, invoice) that must contain data as a warranty card. The warranty certificate must include a name or business company seller, IR and headquarters. If it is provided longer than the legal guarantee, the seller shall determine the conditions and extension of the guarantee of the guarantee certificate.
- The consumer is entitled to withdraw from the contract in all cases set by law. The withdrawal is effective from the moment when the Buyer's declaration is delivered to withdrawal if all necessary legal conditions are met. In the case of withdrawal from the contract, the contract from the beginning cancels and the Contracting Parties are obliged to return everything on its basis. In the event of abolition of the contract because of the exercise of the rights of responsibility for defects, the buyer returns to him by the seller, only to the extent to which it is objectively possible in that situation.
Setting up the complaint
- Claims including the removal of the defect must be processed without undue delay, no later than 30 days from the date of application of the complaint if the seller with the buyer agrees for a longer period. After this deadline, the buyer admits the same rights, as if it were a substantial breach of the contract.
- The course of time limits for the settlement of complaints is suspended if the seller has not received any documents needed to settle complaints (parts of goods, other documents, etc.). The Seller is obliged to request supplementation of documents from the buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the Buyer.
- In a situation where the goods need to be sent to the seller, the buyer in their own interest so that the goods are packaged in a suitable and sufficiently protective packaging material complying with the shipment of brittle goods, including all accessories and mark the shipment with the appropriate symbols.
- Service center after properly settling complaint invites the buyer to take over the repaired goods.
- The claim for the application of the guarantee expires in the improper handling of goods, ie, especially in the use of goods in conditions that do not match their parameters in the parameters listed in the goods documentation.
- In case of withdrawal from the purchase contract or providing a discount on the purchase price, the payment price is returned to the buyer transfer to a bank account or handed over in cash at the cash register at the company headquarters or one of the establishments.
- This Complaints Procedure shall take effect on 1 January 2021. Changes to the complaint order reserved.
The warranty does not apply to wear caused by its usual use.