Complaints procedure

COMPLAINTS PROCEDURE

These Complaints Rules regulate the method and conditions of claiming defects of products purchased through the VUCH online store from our company

Vuch s.r.o., with it registered office Tovární 1112, Chrudim IV, 537 01 Chrudim,

IČ: 04522150,

DIČ: CZ04522150

entered in the Commercial Register kept by the Regional Court in Hradec Králové, section C, insert 36028

Postal address: Čáslavská 46, 537 01 Chrudim

Contact e-mail: info@vuch.com

1. WHAT PRODUCT DEFECTS ARE WE RESPONSIBLE FOR?

1.1 As the seller, we are responsible for ensuring that the goods you ordered have been delivered to you and that the goods are free from defects on receipt. This means that the goods on receipt are in particular:

corresponds to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
it is fit for the purpose for which you require it and to which we have agreed;
it is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

We will not be liable for any defects in the goods which occur after you have taken delivery of them.

If a defect manifests itself within one year of receipt, the item shall be deemed to have been defective upon receipt, unless the nature of the item or the defect precludes it.

1.2 We further declare that the goods, in addition to the agreed characteristics:

is suitable for the purpose for which the goods are normally used, having regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards;
the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of things of the same kind that you can reasonably expect, including in the light of our public statements, in particular advertising or labelling;
is supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
corresponds in quality or workmanship to the sample or specimen we provided to you prior to the conclusion of the contract.

We make no warranty of quality beyond the statutory period for consumers to complain of a defect.

1.3 If you are an enterprise, only the defect which the goods had when the risk of damage to the goods passed, even if it becomes apparent later, shall give rise to rights under defective performance. In the event that the defect arises in connection with a breach of one of our obligations, you are entitled to rights of defective performance in such a case as well.

1.4 Differences in colour shades in reality and on electronic display devices shall not be considered a defect in the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with article 6 of the General Terms and Conditions.

2.WITHIN WHAT PERIOD OF TIME CAN YOU COMPLAIN ABOUT THE DEFECT?

2.1 In the case of unused consumer goods, the buyer may complain about a defect that appears in the goods within two years of receipt of the goods, unless a longer period is specified on the web interface, in the documents accompanying the goods or in the advertisement.

In the case of second-hand goods, the buyer may complain about a defect that appears in the goods within one year of receipt of the goods.

2.2 If the goods have a minimum durability date or, in the case of perishable goods, a period of time for which the goods may be used, the warranty period lasts until such date.

2.3 In the event that the goods are replaced or fixed by you, the new period does not apply to the new goods or the replaced parts and spare parts. However, in such a case, the period for reproof shall be extended by the period during which you have been unable to use the goods due to the defect, i.e., in particular the period during which the goods are under repair.

3.WHAT RIGHTS DO YOU HAVE FROM DEFECTIVE PERFORMANCE?

3.1 Your rights from defective performance are governed by the Civil Code § 2099 to 2117 and if you are a consumer, also § 2165 to 2174.

3.2 If you are an entrepreneur:

In the event that the defect of the product existed or is considered to have already existed upon receiptof the product, you are entitled to the following rights from the defective performance.

If the defect in the prodict is a material breach of contract , you have the following rights from the defective performance:

removing the defect by supplying a new item;
remedying the defect by repairing the item;
a reasonable discount on the purchase price; or
withdrawal from the contract.

In the event of a material breach of contract, if the defect is reported to us or without undue delay after the notification of the defect, please inform us of the right of defective performance. Please note that if you do not do so, you will only be in charge of the rights that would be your own in the event of a non-material breach of contract. The choice you make can only be changed in agreement with us

If we do not eliminate the defect of the product a reasonable time, you can request a reasonable discount from the purchase price instead of removing the defect, or you can withdraw from the contract

If the defect in the product isminor breach of contract, you may request:

defect elimination; or
reasonable discount from the purchase price.

If we do not eliminate the defect of the product in time or we refuse to eliminate the defect, you can request a discount on the purchase price, or you can withdraw from the contract. The choice made can be changed only after agreement with us.

you ackknowledge that until you exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to deliver the missing product or eliminate the legal defect (especially to deliver the missing documents).

An exchange of the product or withdrawal from the contarct cannot be requested if you cannot return the item in the condition in which you recieved it:

the condition has changed as a result of the examination in order to detect a defect in the case;
you have used the item before the defect was discovered
;
you have not cased the impossibility of returning the item in an unaltered state by negotiation or omission; or
you have sold the item before the defect was discovered, consumed or altered in normal use; If this is only partially done, you will return what else you can and give us a refund up to the amount in which you benefited from the use of the thing.

3.3 If you are a consumer only:

If the defect of the consumer goods occurs within the guarantee period of twenty-four months after receipt of the goods (for second-hand goods twelve months after receipt of the goods), the following rights from the defective performance belong to you:

a) Replacement of goods

You may always request the replacement of the goods due to the existence of a defect upon receipt of the goods, unless the chosen method of removing the defect is impossible or unreasonably costly compared to repairing the goods; this shall be assessed in particular with regard to the significance of the defect, the value the goods would have had without the defect and whether the defect can be removed by repair without significant difficulties for the buyer.

b) Repair of the item

If the goods can be repaired, you are entitled to have the defect rectified free of charge. If, in the course of the complaint procedure, it becomes apparent that we are unable to repair the goods or that the repair is unreasonably expensive, particularly in view of the significance of the defect and the value that the item would have had without the defect, we are entitled to inform you of the refusal to repair. In such a case, we will inform you immediately and you may choose another method of dealing with the claim as set out here.

c) Discount on the purchase price

If there was a defect in the goods when you received them, you may claim a reasonable discount on the purchase price if:

We have refused to remedy the defect or have not remedied it within a reasonable time or without significant inconvenience to the buyer;
we are unable to remedy a defect which prevents you from using the goods properly or we are unable to replace the goods with that defect (e.g., the goods are no longer manufactured); or
you cannot use the goods properly because of the recurrence of the defect after the repair (recurrence of the same defect after at least two previous repairs);
the defect is a material breach of contract;
there are multiple defects in the goods (simultaneous occurrence of at least three avoidable defects, each of which prevents the goods from being used properly); or
it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time (not later than 30 days after the claim is made) or without significant inconvenience to the buyer.

The reasonable discount will be determined as the difference between the value of the item without defect and the defective item received by the buyer.

d) Refund (contract withdrawal)

You can only request a refund if:

we have refused to remedy the defect or have not remedied it within a reasonable time or without significant inconvenience to the buyer;
we are unable to remedy the defect for which you cannot use the goods properly or we are unable to replace the goods with the defect (e.g., the goods are no longer manufactured); or
you cannot use the goods properly because of the recurrence of the defect after the repair (recurrence of the same defect after at least two previous repairs); or
the defect is a material breach of contract;
there are multiple defects in the goods (simultaneous occurrence of at least three repairable defects, each of which prevents the goods from being used properly);
it is apparent from our statement or from the circumstances that the defect will not be remedied within a reasonable time (not later than 30 days after the claim is made) or without substantial hardship to the buyer; or
the defect was caused by incorrect assembly or installation which was carried out by us or under our responsibility under the contract; or if the defect was caused by a defect in the instructions we provided with the goods.

You do not have the right to withdraw from the contract if the defect is insignificant.

3.4 As a condition for the replacement of goods or refund (contract withdrawal), you must return the item in the same condition as you received it. The exception is if:

a) there has been a change in condition as a result of an inspection for the purpose of discovering a defect in the item;

b) you used the item before the defect was discovered;

c) you did not make it impossible to return the item in its unaltered condition by your act or omission; or

d) you sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this happened only in part, you shall return to us what you can still return and compensate us to the extent that you benefited from the use of the item.

4.WHEN CAN THE RIGHTS FROM THE DEFECTIVE PERFORMANCE NOT BE EXERCISED?

4.1 You are not entitled to rights under defective performance if:

you caused the defect; or
the defect occurred after you took delivery of the goods;
the warranty period has expired.

4.2 Furthermore, the warranty and claims for defects do not apply to:

wear of goods caused by its normal use (the loss of use is also considered to be a reduction in the capacity of batteries and accumulators);
defects in the goods used corresponding to the degree of use or wear that the goods had at the time you took it;
cases, if it arises from their nature (in particular goods which, by their nature, cannot last for the entire duration of the warranty period).

5.WHAT TO DO WHEN MAKING A COMPLAINT?

5.1 Claim with our company (or the person who is listed as a person for repair in the confirmation of the duration of the rights from the defective performance – warranty certificate) without undue delay from the detection of the defect. In accordance with the Consumer Protection Act, we accept complaints from consumers:

in any of our premises where acceptance of the complaint is possible with regard to the assortment of goods sold;
in the headquarters of our company;
in the place of business;
for a person who is listed in the confirmation of the duration of the rights from the defective performance – the warranty certificate as the person intended for repair.

For the quickest possible handling of the complaint, we recommend that you use our premises/person for repair.

For entrepreneurs and as soon as possible the processing of complaints we recommend to use our establishment in the company's headquarters.

5.2 Recommended complaint:

for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
At the same time, it is advisable to inform us about what right you have chosen from the defective performance, i.e. whether you are interested in repairing the item, supplementing what is missing, replacing the goods or its defective components, withdrawing from the contract (refund), discount on the purchase price, or other rights in accordance with this Complaint Code and the Civil Code
deliver the claimed goods to us together with the claim or subsequently (other than on delivery, which we do not take) to the address of the registered office, and when sending we recommend to pack the goods in appropriate packaging so as not to damage or destroy them;
to facilitate the procedure, it is advisable to attach a document of purchase of the goods or a tax document - an invoice, if it was issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal for a method of dealing with the complaint.

Failure to comply with any of the above steps or not to submit any of the above documents does not prevent the complaint from being dealt with in a positive way under the legal terms.

5.3 The moment of the claim is the moment when we were notified of the occurrence.

5.4 When you make a claim, we will issue you with a written confirmation that includes the date of the claim, what is the content of the claim, what method of handling the claim you require and your contact details for the purpose of providing information about the handling of the claim.

5.5 We will deal with claims, including the rectification of defects, within 30 days of the date of the claim, unless a longer period is agreed with you in a particular case. We will inform you within this period of time regarding the settlement of the claim, including the manner of settlement.

5.6 If you choose a right that cannot be granted to you for objective reasons (especially for unrecoverable defects or in the preparation of the replacement of goods that is not possible), we will contact you immediately. In this case, you may choose a different right in accordance with this Complaint Stipulation

5.7 Once the claim has been settled, we will issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim.

5.8 In accordance with the Civil Code, you have the right to reimbursement of the costs incurred in the application of the claim of the goods. Please note that you must exercise the right to reimbursement of these costs within one month of the expiry of the period within which the defect must be due.

This Complaint Stipulation is valid and effective from 26.01.2024.