Warranty Terms and Complaint Procedures Rules
issued by ENERGY VISION PRAGUE SE, Šachovská 149/1,190 16 Praha - Koloděje, Czech Republic, ID No: 24281328, DIC (VAT No.): CZ24281328, The company is registered in the Commercial Register at the Municipal Court in Prague, file number: H 571 of 14.March 2012
The complaint procedure rules are drawn up in accordance with the applicable provisions of Act No. 89/2012 Coll., Civil Code. The rights and obligations of the Seller and the buyer in respect of the Seller’s warranty for goods quality during takeover and the customer’s rights from defective performance are governed, in particular, by the provisions of sections 2161 et seq. of the Civil Code and by the applicable provisions of the Consumer Protection Act No. 634/1992 Coll.
The Seller holds liability for defects occurred in sold goods within the warranty period. The period for making a complaint is 24 months (unless stipulated otherwise). After expiration of the period the right from defects may not be exercised at the Seller, unless the contracting parties agree otherwise or the Seller or manufacturer grants a special warranty for quality above the scope of its obligations set out by law. Keep in mind please that the warranty period and the life of a product are different terms. The life depends on the manner and intensity of use and does not always have to be the same as the warranty period. This means that if a product is used intensively, its life may be shorter than the warranty period.
The Seller does not hold liability for defects in the following cases:
if the item has the defect at the time of the takeover and a discount on the purchase price was agreed due to such defect,
if the goods were used and the defect corresponds to the extent of use or wear and tear shown by the goods at the time of the takeover by the buyer,
if the defect of the item resulted from wear and tear caused by usual use or if the defect results from the nature of the item (e.g. expiration of the life),
was caused by the buyer and resulted from inappropriate use, storage, inappropriate maintenance, interference by the buyer or mechanical damage,
the defect resulted from an external event beyond the Seller’s control.
Art. 1. Quality during Takeover
The Seller declares that it hands over the goods to the buyer in accordance with the provision of section 2161 of the Civil Code, namely that:
the goods have the characteristics agreed between the buyer and the Seller, and if there is no such agreement, the goods have the characteristics described by the Seller or manufacturer in the instructions for use,
the goods are suitable for the purpose stated for their use by the Seller,
the goods are an item in the corresponding quantity, size or weight
the goods comply with the requirements of legal regulations.
If the goods do not comply with the above stated requirements during the takeover by the buyer, the buyer has a right to be delivered new defect-free goods, unless this is disproportionate to the nature of the item.
If only a component of an item has a defect, the buyer may require only replacement of the component; if this is not possible, the buyer may withdraw from the contract and require return of the whole sum of the purchase price. However, if this is disproportionate to the nature of the defect, particularly if the defect may be rectified without undue delay, the buyer has a right to have the defect rectified at no cost.
If the buyer does not withdraw from the contract or does not exercise the right to be delivered new defect-free goods, to have a goods component replaced or to have a repair done, the buyer may demand a reasonable discount on the purchase price. The buyer also has a right to a reasonable discount if the Seller cannot deliver the buyer new defect-free goods, replace their component or repair the goods.
Art. 2: Filing Complaints
The buyer has a right to file a complaint at the Seller in the establishment of ENERGY VISION PRAGUE SE, Šachovská 149/1,190 16 Praha - Koloděje, Czech Republic, or in any other establishment of the Seller. The Seller secures presence of a worker authorised to receive complaints throughout the business hours.
The buyer is obliged to prove that it is entitled to file a complaint, particularly to prove the date of purchase by presenting a sales document, confirmation of the Seller’s obligations from defective performance, warranty certificate. The buyer may not file a complaint about a defect that was an object of complaint in the past, provided a reasonable discount on the purchase price was granted due to such defect.
The buyer shall exercise its rights from defective performance without undue delay after finding out that the goods have a defect. The Seller does not hold liability for an increase in the extent of the damage if the buyer uses the goods despite being aware of the defect. If the buyer’s complaint filed to the Seller is justified, the period for exercising rights arising from defective performance shall be discontinued for the period for which the goods are being repaired and cannot be used by the buyer.
The buyer takes into account that if a complaint is settled by replacement of the goods, no new period for exercising rights from defective performance shall apply. The period expires 24 months from the takeover after the purchase of the goods under complaint. The period for exercising rights from defects may not be deemed to constitute the life of the goods since the life of the goods differs with regard to the characteristics of the product, its maintenance and appropriateness and intensity of the use or agreement between the buyer and the Seller.
The goods must be properly cleaned, free of any dirt and be hygienically sound. ENERGY VISION PRAGUE SE may refuse to take over any goods not complying with the rules of general hygiene for the complaint procedure. A complaint has to be filed without undue delay as soon as the defect appears. Any delay may cause worsening of the defect if the use of the item continues.
Art. 3: Complaint Settlement
The Seller is obliged to decide on a complaint immediately, and in more complicated cases within three working days. This period does not include the time necessary for expert assessment of the defect. The Seller is obliged to issue a written confirmation for the buyer, stating the date and place of filing the complaint, characteristics of the defect under complaint, the complaint settlement method required by the buyer and the method how the buyer is to be informed about the complaint settlement.
A complaint, including rectification of the defect, must be settled without undue delay, at the latest within 30 days from the day of filing the complaint, unless the Seller and the buyer agree on a longer period. Expiration of this period without settling the complaint shall be deemed to be a significant breach of the contract. The complaint settlement method and duration have to be confirmed by the Seller for the buyer in writing. Without the Seller’s consent the buyer may not change the complaint settlement method previously selected by the buyer, except for a situation when the settlement method selected by the buyer cannot be executed either at all or in time.
The buyer is obliged to take over the goods under complaint within 30 days from the day when the complaint was to be settled at the latest; afterwards the Seller may charge a reasonable storage fee or sell the goods on the Seller’s own at the buyer’s expense. The Seller has to notify the buyer of such procedure in advance and grant the buyer a reasonable additional period to take over the goods.
Art. 4: Complaint about Goods Damaged by Transport
Where goods are transported by a third party used by Volter s r.o. for the transport of consignments to its customers in the territory of the Czech Republic, damage to the consignment or its contents may occur.
If the transport service delivers to the buyer a consignment that is visibly damaged (this shall also apply to the events where the package and goods show signs that they were exposed to weather or water), the buyer has a right to refuse to take delivery of the consignment while stating that the reason is the damage of the packaging material. If the buyer wishes to take delivery of the parcel despite such fact because damage of the packaging material of a parcel does not always have to affect its contents, the worker of the postal or courier service is obliged to draw up a report of the consignment damage with the customer. Based on the report, the courier service shall settle the complaint in the event of damage to the parcel contents.
If after opening the parcel the customer finds out physical damage of the goods that might be caused by transport, the customer shall notify ENERGY VISION PRAGUE SE of such fact immediately but within 24 hours at the latest, and ENERGY VISION PRAGUE SE shall inform the buyer of the further procedure.
Art. 5: The Seller’s Liability for Defect that Constitutes Significant and Insignificant Breach of Contract
The Seller’s liability for defects that constitute a significant or insignificant breach of the contract shall apply to the defects of goods arisen within 24 months from the takeover, namely for defects for which the liability for quality during the takeover under Art. 1 is not applied. A defect is deemed to be a significant breach of the contract in the events when the buyer would not have entered into the contract if the buyer had expected the defect when entering into the contract; if this is not the case, it is a defect that does not constitute a significant breach of the contract.
If a defect constitutes a significant breach of the contract, the buyer shall have, at its discretion, a right to be delivered a new item, to have the item repaired, to obtain a reasonable discount or to withdraw from the contract (with the right to have the full sum of the purchase price returned). If a defect constitutes an insignificant breach of the contract, the buyer shall have the right to have the defect removed or to obtain a reasonable discount.
The buyer has the right to be delivered a new defect-free item, to have a component replaced, to obtain a price discount or to withdraw from the contract regardless of the nature of the defect if the buyer cannot use the item properly due to a repeated occurrence of the defect after a repair or due to a larger number of defects.
Art. 6: Costs of Complaints and Settlement of Disputes
If a complaint is admitted as justified, the buyer has a right to obtain compensation of sensibly spent costs connected with the exercise of the buyer’s right to file a complaint under Act No. 89/2012 Coll.
If the Seller rejects a complaint as unjustified, the buyer, or both parties if agreed with the Seller, may request a sworn expert for independent assessment of the defect.
If the seller proves that the consumer misused his/her rights to file a complaint particularly for the purpose of enrichment or circumvention of law, the seller has a right to demand from the consumer compensation of costs incurred by the seller in connection with the exercise of the consumer’s rights.
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