Complaints Policy

 

 

  1. This complaints policy describes how to proceed when filing a complaint about goods acquired from Konsepti, spol. s r. o., with its registered office at Komunardů 32, 170 00 Prague 7, Id. No.: 63668203, registered in section C, Insert 37570 with the Register Court in Prague (hereinafter referred to as "Konsepti"). The Buyer is obliged to familiarize himself with this complaints policy and proceed in accordance with it. By concluding a purchase contract, the Buyer agrees to this complaints policy.
  2. Konsepti shall be responsible for the fact that the goods do not have defects according to the provisions of Section 2161 and 2161a of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "CC"). If the defect occurs within six months of receipt, it is considered that the goods were defective at the time of receipt by the Buyer, unless Konsepti proves otherwise or unless the nature of the item or defect rules it out.
  3. The complaint about the goods referred to in paragraph 2 cannot be applied to defects in goods caused by the Buyer, to defects for which a discount has been granted, defects caused by the normal use of the goods (shorter life of the product cannot be considered a defect and as such no complaint about it can be filed), by the used goods for defects corresponding to the degree of use or wear and tear or if it results from the nature of the goods. Furthermore, the complaint may not be filed in the case of the use of the goods in a manner for which the goods have not been intended, manufactured or tested, in the event of a defect caused by inappropriate handling, fall, hit, unauthorized interference with the structure or mechanics, by repairs carried out by untrained personnel or non-observance of the "Instructions for use" if they have been submitted to the Buyer.
  4. The Buyer is entitled to exercise the right from defect within 24 months of delivery and receipt of the goods (hereinafter referred to as the "Statutory Complaint Period") with the exception of items specially notified in the offer and with the exception of the used goods, in which case this period is 12 months. If the complaint about the goods has been settled with the Buyer in the Statutory Warranty Period by replacing the goods for new ones, the warranty period will not start to run again, but the original warranty period continues, starting from the date of the settlement of the complaint.
  5. The Buyer is advised to, when possible, inspect the goods as soon as possible after their receipt in accordance with Sec. 2104 of the CC (however no later than 24 hours after the receipt of the goods) and verify the properties and quantity of the goods.
  6. The complaint may be filed at any Konsepti store or at the registered office of Konsepti. The complaint can also be filed in writing or by e-mail at reklamace@konsepti.com, whereas the Buyer has to unequivocally determine which goods it relates to (by notification of the invoice/delivery note number, item code, defect description, photo). The Buyer has rights from liability for defects according to the CC.
  7. In a situation where the goods need to be sent to Konsepti, the Buyer shall, in his own interest, keep the goods packed in appropriate and sufficiently protective packaging material satisfying the requirements of the transport of fragile goods, including all accessories and to label the consignment with the relevant symbols.
  8. Within 5 days at the latest Konsepti will propose a complaint settlement, either in the form of the on-site repair of the goods, repair by the manufacturer or by the replacement of goods. This period does not include a period appropriate according to the type of product or service required for a professional assessment of the defect. In the case of repairs by a manufacturer abroad, the time limit for the elimination of the defect shall be determined by agreement between the parties. The parties to the purchase contract may also agree to settle the complaint by providing a reasonable discount.
  9. In case of any visit of the service technician by the Buyer, it is necessary that the protocol of discovered defects and their removal is drawn up. Without such a protocol, a visit of the service technician is not taken into account.
  10. Complaints, including the defect, will be settled without undue delay, no later than within 30 calendar days from the date of the complaint, unless Konsepti agrees otherwise with the Buyer. The period required for a professional assessment of the culprit of the reported defect shall not be included in the period of 30 calendar days according to the preceding sentence. After the futile lapse of period for settlement of the complaint, the Buyer has the right to withdraw from the contract or to a reasonable discount.
  11. The Buyer is obliged to provide Konsepti with the necessary cooperation to settle the complaint. In the event that the Buyer fails to provide the necessary cooperation to settle the complaint, e.g. fails to deliver complete goods, fails to provide the necessary data for settlement of the complaint or fails to allow the Seller to inspect the Goods, the time period for settlement of the complaint shall be interrupted and shall start again only after the Buyer has provided the necessary cooperation.
  12. Konsepti shall issue the Buyer with written confirmation of when the complaint was made, what is its content and what method of its settlement the Buyer requires. In addition, Konsepti shall issue a certificate of the date and method of settlement the complaint, including confirmation of the repair and its duration. In the event of a rejected complaint, Konsepti shall issue a written statement of reasons for that rejection. This obligation also applies to other persons intended to carry out the repair.
  13. If the Buyer is not satisfied with the settlement of the complaint even after an investigation of the case by Konsepti, he is entitled to contact the court or the Czech Trade Inspection. For more information on out-of-court dispute resolution, please visit: adr.coi.cz, e-mail: adr@ coi.cz.
  14. After the complaint has been properly processed, Konsepti shall request the Buyer to provide cooperation in order to finish the settlement of the complaint.
  15. The provisions of this Complaint Policy, with the exception of paragraphs 1,3,5,6,7,8,9,14,15 and 16, do not apply to cases where the Buyer is an entrepreneur. In this case, Konsepti is liable for defects under the CC, whereas the contracting parties shall negotiate in a mutual agreement the possible quality warranty, the duration of the warranty period and the derogations from the CC. 
  16. In cases where the Buyer is an entrepreneur and the subject of the complaint is located outside the Czech Republic, the Buyer bears the costs of the justified complaint incurred for transport and accommodation of persons assessing the justification of the complaint and persons carrying out repairs of the subject of the complaint. If it is an unjustified complaint, the Buyer shall bear all costs incurred by Konsepti in connection with the complaint.

 

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