This complaints procedure was devised in accordance with the Civil Code and the Consumer Protection Act and covers consumer goods (hereinafter referred to as “the Goods”), for which the Buyer has the right to claim the warranty because of the Seller’s liability for defects (hereinafter referred to as “the Warranty Claim”).
The Seller is the company Web Retail s.r.o. with its registered office at Husinecká 903/10, 130 00, Prague 3; Business ID No.: 28876431, Tax ID No.: CZ 28876431 registered in the commercial registry maintained by the District Court of Prague, Section C, File No.: 150602.
The Buyer is an entity that entered into a Purchase Agreement for Goods with the Seller.
The Seller may use this complaints procedure accordingly for a Buyer who is not a consumer. Otherwise, the rights stemming from the Seller’s liability for defects comply with the signed agreement and the Commercial Code.
- Rights to Warranty Claims
- Warranty Terms and Conditions
- Rights Stemming from the Warranty
- Claims Processing
- Final Provisions
1. Rights to Claims from Warranties
2. Warranty Terms and Conditions
If, after the Buyer’s acceptance of the Goods, defects in the Goods arise during the warranty period, the Buyer may exercise their rights to a legitimate claim.
The length of the warranty period complies with the valid provisions of the law. Unless stated otherwise, the period is 24 months and commences on the day of acceptance of the Goods.
Please note, in compliance with the provision of Sec. 2167 letter d) of the Civil Code, the warranty period of twenty four months, or in some cases twelve months, from the acceptance of the Goods does not apply to some Goods. This especially concerns Goods that by their nature cannot last the whole duration of the warranty period, i.e. primarily lightbulbs for projectors and other similar Goods that we offer on our website’s interface. The malfunction of these Goods after the elapse of their lifespan cannot be considered a defect. Thus the rights to Warranty Claims after the end of the lifespan of these Goods do not apply. Unless stated otherwise for the Goods, the lifespan of the lightbulbs for projectors is three months / 2,000 hours of operation under ideal conditions. Further information can be found in the section How Long does a Lightbulb Maintain Luminescence?
The Seller is responsible for defects that the Goods have during acceptance and for material and production defects that arise after acceptance and during the warranty period.
The warranty period is extended by the period of time during which the Goods were in warranty repair. In the case of exchange of the Goods for new Goods, the new warranty commences during the warranty period. The rights from the Seller’s liability for defects of the Goods, for which the warranty period applies, terminate if they were not exercised in the warranty period.
Warranty Claims cannot be asserted in the following cases:
- If the warranty period for the claimed Goods expired the day before asserting the Warranty Claim – the warranty ended;
- The defect arose through inappropriate use of the Goods or its mechanical, heating or chemical damage;
- The defect arose through the use of the Goods in cases where it does not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment, which the dealer or manufacturer did not intend;
- The defect arose because the instructions stipulated by the manufacturer were not followed;
- The defect arose because of inexpert installation, maintenance, service, handling or negligence of care of the Goods;
- The defect arose through performing unauthorised intervention into the Goods or other modification without the manufacturer’s permission;
- The defect arose through connection to an electrical grid not corresponding to the relevant norms of Czech Technical Standards (ČSN);
- The Goods were damaged by the elements or force majeure;
- The warranty does not cover the wear of the Goods caused by their use.
These limitations do not apply if the qualities if the Goods, which contradict the aforementioned terms and conditions, were explicitly agreed or stipulated by the Buyer and the Seller or declared by the Seller or can be expected, where applicable, given the performed claim or usual method of use of the Goods.
The Buyer that is not a consumer is required, and the Buyer that is a consumer is recommended, to double check the condition of the parcel (no. of packages, integrity of the sealing tape and damage to the box). The Buyer is entitled to refuse acceptance of the parcel that does not comply with the Purchase Agreement, namely that the parcel is, for example, incomplete or damaged. If the Buyer accepts the damaged parcel from the delivery personnel, the damage must be noted in the delivery personnel’s acceptance certificate.
Please notify the Seller immediately about incomplete or damaged parcels at the following email address firstname.lastname@example.org. Fill out a damage report with the shipping company and send this without undue delay to the Seller.
3. Rights Stemming from the Warranty
When claiming the warranty the consumer has:
- The right to proper and punctual removal of the defect free of charge providing the defect is removable, to exchange the defective Goods or defective parts providing the given nature of the defect is not disproportionate and this process is possible, to a reasonable discount from the Purchase Price or withdrawal from the Purchase Agreement;
- The right to an exchange of the defective Goods or withdrawal from the Purchase Agreement providing the defect is not removable, thus preventing proper use of the Goods;
- The right to an exchange of the defective Goods or withdrawal from the Purchase Agreement providing the removable defect arose in a greater number or repeatedly and prevents the proper use of the Goods;
- The right to a reasonable discount from the Purchase Price or withdrawal from the Purchase Agreement providing other defects are not removable and they are not requesting the exchange of other Goods.
4. Claims Processing
- Claims should be directed to the business premises of Web Retail s.r.o. In this case please contact us by email or telephone and the next step will be arranged.
- In the situation where the Seller decided on the return of the Goods to their business premises, the Buyer in their own interest ensures the goods are packaged in the appropriate and sufficiently protective wrapping material, which meet the demands for the transportation of fragile goods, and labels the parcel with the appropriate symbols.
- If sending Goods to the Seller for a Warranty Claim, the Buyer will bear the risk of damages to, or loss of, the items, i.e. up to the instant of acceptance of the claimed Goods by the Seller.
- Following the claims processing, staff at the service centre or at our business premises will notify the Buyer to collect the repaired Goods or automatically dispatch the Goods back to the Buyer.
- A written copy of the report of found defects and the form of their removal is always necessary. It is recommended that the Buyer stores these written confirmations for the period of the warranty’s validity.
- If the Warranty Claim was not authorised (see paragraph 2), the Seller will provide written reason for rejecting the Warranty Claim into the claim report. The Buyer in this case does not have the right to have covered necessary costs that arose related to exercising their rights from the Seller’s liability for defects.
- The Buyer will make an immediate decision about the claim, in complicated cases within 3 working days. The reasonable amount of time necessary for specialist assessment of the defect based on the product will not be figured into this time period. The Warranty Claim including the defect will be processed without undue delay within 30 calendar days from the days the claim is made at the latest, unless the Seller and Buyer agree otherwise.
- The time limit for claims processing is halted in the event that the Operator did not receive all the documents necessary for processing the given claim, including the confirmation of repairs made and their duration. In the case of rejected Warranty Claims, the Seller issues to the Buyer a written explanation for this rejection.
- The Buyer has the right to reimbursement of the reasonably incurred costs associated with making the entitled warranty claim. These costs are understood as the minimum necessary. It especially concerns insurance for the shipping of the claimed item. These costs do not have to include the journey by vehicle for making the warranty claim or express shipping or other similar costs.
- The Seller issues to the consumer written confirmation, which states when the consumer made the warranty claim, what the nature of the claim was and how the consumer requested it would be processed. Furthermore, the Seller issues to the consumer written confirmation of the date and method of processing the warranty claim, including confirmation of repairs made and their durations. In case the warranty claim is rejected, the Seller issues to the consumer a written explanation for this refusal.
5. Final Provisions
This claims procedure comes into effect on 1/1/2014. Changes to the claims procedure reserved.