COMPLAINT RULES
COMPLAINTS PROCEDURE
I. Introductory Provisions
1. This complaint policy is issued by KARLSBADEN s.r.o., with registered office at Pražská silnice 749/21, 360 01 Karlovy Vary, Czech Republic,
registered in the commercial register maintained by the Regional Court in Pilsen on April 3, 2014 in section C, insert 29630, identification number: 02844770 VAT number: CZ02844770, phone +420774466397, email: aquaelle@email.cz (hereinafter referred to as the "Seller").
2. This complaint procedure contains information on the scope, conditions and method of exercising the right from defective performance (hereinafter referred to as "complaint") in connection with purchase contracts concluded between the customer and the Seller, together with information on where the complaint can be filed.
II. Conditions and method of making a claim
1. The customer can make a claim at the company's premises at Nové domky 656/3, 360 17, Karlovy Vary, Czech Republic.
2. The customer makes a claim in person, by post at Nové domky 656/3, 360 17, Karlovy Vary, Czech Republic, or by email at aquaelle@email.cz. The customer proves the purchase of the claimed goods with a purchase receipt.
3. It is absolutely necessary to apply the complaint without unnecessary delay, as soon as the defect appeared. Any delay during the continued use of the goods may cause the defect to worsen, the goods to deteriorate and may be the reason for the rejection of the claim.
4. The complaint is considered to have been properly applied, if the general principles of hygiene do not prevent the complaint. The customer is obliged to present the claimed goods cleaned, free of all impurities and hygienically sound. The seller is entitled to refuse to take over for the complaint procedure goods that do not comply with the above-mentioned principles of general hygiene (in particular Decree No. 91/1984 Coll., on measures against communicable diseases).
5. The seller is obliged to issue a written confirmation to the customer of when the customer has exercised the right, what the content of the complaint is and what method of handling the complaint the customer requires; and further a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint.
6. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the consumer agree on a longer period. Missing this deadline is considered a material breach of contract.
III. Scope of rights from defective performance
1. The rights and obligations of the Seller and the customer regarding the Seller's guarantee for the quality of the goods upon acceptance and the customer's rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code ") and Act No. 634/1992 Coll., on consumer protection (hereinafter referred to as the "Consumer Protection Act").
2. The seller guarantees to the customer that the goods are free of defects upon receipt. In particular, the Seller responds to the customer that at the time the customer took over the goods:
a. the goods have the properties that the Seller and the customer have agreed upon, and if there is no agreement, such properties that the Seller or the manufacturer has described or that the customer expected with regard to the nature of the goods and based on the advertising carried out by them,
b. the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,
c. the goods are in the appropriate quantity, measure or weight, a
d. the goods comply with the requirements of legal regulations.
3. A change (property) of the goods that has arisen as a result of its wear, improper use, insufficient or inappropriate maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the customer or a third party or other improper intervention.
4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
5. If the goods do not have the characteristics specified in Article 3.2 above, the customer may also request the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the customer may only request the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to have the defect removed free of charge.
6. The customer has the right to the delivery of new goods or the replacement of a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the customer also has the right to withdraw from the purchase contract.
7. If the customer does not withdraw from the purchase contract or does not exercise the right to the delivery of new goods without defects, to the replacement of its component or to the repair of the goods, he can demand a reasonable discount. The customer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects