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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: Tovární 1112, Chrudim IV, 537 01 Chrudim

Contact e-mail: info@vuch.com

 

1. What defects of the products are we responsible for?

As the seller, we are responsible for ensuring that the product you ordered was delivered to you and that the product have defects upon receipt. That is, the product upon receipt in particular:

  • has the features that have been agreed between us, which we describe, or which you could except with regard to the nature of the product and on the basis of advertising;
  • is in an appropriate amount, measure or weight;
  • meets the requirements of legal regulations;
  • the products are suitable for the purpose we state or for which the purchased products are usually used;
  • corresponds to the quality agreed between us, or the quality set for the given type of products by valid and effective legal regulations; a
  • it has no legal defects, ie. a third party does not have property rights to the products and the product is equipped with the documents necessary for the proper use of the product

We are also responsible for ensuring that these defects do not occur during the warranty period. If you are not a consumer, you are not provided with the statutory warranty period according to Article 2.

We do not provide any guarantee for quality beyond the statutory warranty period for consumers.

If you are an entrepreneur, the rights arising from defective performance are based only on the defect that the product had when the risk of damage to the product passed, even if it manifests itself later..

The difference in color shades in reality and on electronic display devices cannot be considered a defect of the products. If the products do not correspond to your idea and if you are a consumer, you have the right to withdraw from the contract within 14 days of receipt of the products in accordance with Article 7 of the General Terms and Conditions.

If you are a consumer and the defect of the product becomes apparent within sic months of receipt, the product is considered defective at hte time of receipt.

 

2.WHAT IS THE WARRANTY PERIOD?

For unused consumer product twenty-four months from receipt of the product , unless a longer warranty period is specified in the web interface, in the documents attached to the product or in the advertisement.

If the date of minimum durability is indicated on the product, or in the case of a perishable item, the period for which the item can be used in stated, the warranty period lasts intul such date.

You acknowledge that in the event that the product is replaced or repaired, for new product, replaced parts and spare parts do not run a new warranty period. However, in such a case the warranty period is extended by the period during which you could not use the product a defect, ie. in particular by the period during which the product is under repair.

 

3.WHAT RIGHTS DO YOU HAVE FROM DEFECTIVE PERFORMANCE?

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

1.If you are a consumer or 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:

  • elimination of the defect by the delivery of a new item withour a defect or by delivery of a missing item;
  • elimination of the defect by repairing the thing;
  • reasonable descount from 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.

2. 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) Adding to what's missing

  • If we deliver you goods in less than the one agreed, or if we deliver incomplete goods to you, you have the right to complete what is missing.

b) Discount on purchase price

  • If there was a defect on the goods or the defect occurred during the warranty period when the goods were taken over, you can always request a reasonable discount on the purchase price.

c) Replacement of goods or defective parts of goods

  • You can always request the replacement of goods or defective parts of goods, unless it is disproportionate to the nature of the defect (i.e. especially if there is no immediate repair of the case) and if it is not merely a non-material breach of contract.

    The right to exchange goods does not belong to you if only part (part) of the goods is defective. If, during the course of the complaint procedure, we conclude that only part of the goods is defective, we will replace this component for you.

    You cannot request the replacement of goods for goods used or sold at a lower price. Instead, you can claim a discount on the purchase price.

d) Fixing things

  • If the goods can be repaired, you have the right to free removal of the defect. If, during the complaint procedure, it turns out that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint here.

e) Refund (withdrawal from the contract)

  • You can only request a refund if:
  • the delivery of a defective or incomplete item on our part constitutes a material breach of contract; or
  • you cannot properly use the goods for the recurrence of the defect after repair (occurrence of the same defect after at least two previous repairs);or
  • there are a greater number of defects on the goods (the current occurrence of at least three removable defects, each of which prevents the proper use of the goods
  • );
  • we will not meet the deadline for handling the complaint/we will not arrange a remedy within 30 days of the claim being placed.

A condition for the exchange of goods or a refund (withdrawal) is that you return the item in the state in which you received it. Exceptions are when:

  • 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 caused the impossibility of returning the item in an unaltered state by your actions or by 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 to return and give us a refund to the amount in which you have benefited from the use of the case.

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

Rights arising from defective performance do not belong to you if:

  • you knew about the defect before taking over the matter;
  • you have caused the defect yourself; or
  • warranty period has expired.

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;
  • goods sold at a lower price – only in relation to the defect for which the lower price was agreed; or
  • 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?

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.

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.

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

We decide on the received complaint immediately, in complex cases within three working days. This period does not include a period appropriate to the type of product or service required to expertise the defect. The complaint, including any removal of the defect, will be settled without undue delay, no later than 30 days from the date of the claim, unless we agree on a longer period.

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

During a complaint, we will give you a written confirmation of when you have exercised the right, what is the content of the complaint and what method of handling the complaint you require; and further (after the complaint has been processed), we will issue you a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the complaint, or a written justification for the rejection of the complaint

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 08.06. 2020.