This Complaints Policy applies to the sale of goods by Papouch store s.r.o., ID No.: 24256374, with registered office at Strašnická 3165/b, Prague 10, 102 00 (hereinafter referred to as the "Seller").
1 Quality guarantee
1.1 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the item:
1.1.1 the goods have the characteristics agreed between the parties and, in the absence of such an agreement, those described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the seller's and/or manufacturer's advertising;
1.1.2 the item is fit for the purpose for which the seller states it is to be used or for which an item of that kind is normally used;
1.1.3 the item is in the appropriate quantity, measure or weight;
1.1.4 the item complies with the requirements of the legislation.
1.2 The Buyer shall inspect the Goods on personal receipt from the Seller for completeness and integrity of the packaging.
1.3 Upon receipt from the carrier, the Buyer shall duly inspect the condition of the goods to be received, their completeness and the integrity of the packaging according to the waybill.
2 Method of making a claim
2.1 The Buyer's rights arising from defective performance (hereinafter referred to as "Claim") must be exercised in accordance with these Claims Regulations.
2.2 The Buyer has the right to make a claim with the Seller, at the Seller's registered office.
2.3 The Seller shall ensure the presence of an employee authorised to receive claims at all times during business hours.
2.4 The Buyer has the right to lodge a claim with the person designated in the relevant warranty and/or tax document, if the designated person is at the Seller's location or at a location closer to the Buyer.
2.5 The Buyer shall be obliged to prove the date of purchase of the goods in question when making a claim, in particular by presenting the relevant tax receipt and/or warranty certificate or in any other credible way.
2.6 The Buyer shall not be entitled to claim for a defect that has already been claimed in the past, provided that a reasonable discount has been granted on the purchase price of the goods in question.
3 Time limits for making and settling a claim
3.1 If the Seller has provided a guarantee for quality in excess of the statutory obligations (in particular the statutory time limit), the claim shall be governed by these Claims Procedure, unless the guarantee certificate or the contract provides otherwise.
3.2 The time limit for making a claim shall commence on the date of receipt of the goods by the Buyer, as stated on the tax receipt or on the warranty certificate or other such document.
3.3 The warranty period for consumers and businesses is at least 24 months for new Papouch goods.
3.4 In the case of consumer goods, the Buyer shall only be entitled to exercise the right of defects until the date marked on the packaging of such goods, if this period is shorter than the period specified in paragraph 3.3 of this Complaints Procedure.
3.5 The Buyer shall be obliged to claim the goods without undue delay after discovering that the goods are defective. The Seller shall not be liable for any increase in the extent of the damage if the Buyer uses the goods although he is aware of the defect.
3.6 If the Buyer makes a legitimate claim, the period for making a claim shall not run for the period during which the goods are under repair and the Buyer cannot use them.
3.7 The Seller is obliged to decide on the complaint immediately, in more complex cases within 10 working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue the Buyer with a written confirmation stating the date and place of the claim, the characteristics of the defect complained of, the requested method of settling the claim and the manner in which the Buyer will be informed of its settlement. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The seller is obliged to confirm to the buyer in writing the method of settlement of the complaint and the duration of the complaint. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except if the chosen method of handling cannot be implemented at all or in time.
3.8 If the complaint is resolved by replacing the goods, the new time limit for exercising the rights arising from the defective performance does not run, but the time limit of the goods complained of continues to run.
4 Exceptions to liability for defects
4.1 The Seller shall not be liable for defects in the goods in the following cases:
4.1.1 if the goods are defective at the time of acceptance and a discount on the purchase price is agreed for such defect;
4.1.2 is caused by the Buyer and is caused by improper use, storage, improper maintenance, Buyer's intervention or mechanical damage to the goods;
4.1.3 the defect in the goods is due to wear and tear caused by normal use or is due to the nature of the goods;
4.1.4 if the goods are second-hand and the defect corresponds to the level of use or wear and tear that the goods had at the time the buyer took delivery of the goods;
4.1.5 mechanical damage to the goods;
4.1.6 the defect has been caused by improper installation, handling, operation or neglect of the goods;
4.1.7 unqualified intervention or alteration of parameters;
4.1.8 use of the goods in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment intended by the seller or manufacturer;
4.1.9 damage due to force majeure;
5 Final provisions
5.1 In relation to the fulfilment of the obligation pursuant to §14 of Act No. 634/1992 Coll., the Seller shall inform the Buyer of the possibility to use the Czech Trade Inspection Authority (www.coi.cz), which is a notified body for out-of-court settlement of consumer disputes listed by the European Commission, for any out-of-court settlement of consumer disputes.
6.1 This Complaints Procedure shall enter into force on 1 January 2019.