Complaints Procedure.

 

These Complaints Procedure Rules were prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code, Act no. 634/1992 Coll., Consumer Protection Act, as amended (hereinafter referred to as the “Act”) and applies to consumer Goods (hereinafter referred to as “Goods”) for which the rights of the Buyer from liability for defects ( hereinafter referred to as “Complaints”).

 

The seller is a trading company

CAD - Czech auto devices s.r.o.

with its registered office at. Nákupní 468/14, 736 01 Havířov

Company ID: 29381266, Tax ID: CZ29381266

The company is registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File No. 37754

 

The customer of our online shop is either the Buyer Consumer or the Buyer who, when concluding and fulfilling the contract, acts in the course of his business or other business activity (as decided by the identification number on the purchase document).

Defects of goods

 

The seller is liable to the consumer that the item has no defects at takeover. In particular, the seller is liable to the consumer that at the time the consumer took over the item:

 

  • the item has characteristics agreed by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising they carry out,
  • the item is suitable for the purpose stated by the seller or for which the item of this kind is usually used
  • the object corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
  • is the thing in the appropriate quantity, measure or weight
  • the case complies with legal requirements.

Rights from defective goods

 

  • If the item does not have the aforementioned characteristics, the consumer may also require the delivery of a new item without defects, unless this is disproportionate because of the nature of the defect, but if the defect concerns only a component of the item; if this is not possible, he may withdraw from the contract.
  • However, if this is disproportionate to the nature of the defect, in particular if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.
  • The consumer has the right to deliver a new item or to replace a part even in the case of a removable defect, if he cannot properly use the item for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.
  • If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its component or to repair the item, he / she may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its component or repair the item, or if the seller fails to rectify it within a reasonable time or if remedying the consumer would cause considerable difficulties.
  • The buyer does not have the right to the defective performance if the buyer knew before the takeover of the thing that the thing had a defect, or if the buyer himself caused the defect.

Deadlines

 

  • The consumer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt.
  • If the defect becomes apparent within six months of receipt, the item shall be deemed to have been defective at the time of receipt.
  • The warranty period begins on receipt of the goods by the Customer.
  • The warranty period for the Buyer of the consumer is 24 months, but for the Buyer, who during the conclusion and performance of the contract acts in the course of his business or other business activity (as decided by the identification number on the purchase document), the warranty period is only 12 months.
  • The warranty period is extended by the period during which the Goods were under warranty repair.

Other

 

1. The warranty claim is considered to be unjustified in particular if the serial number, date of sale or other identification markings are damaged or completely            removed.
2. Complaints can also not be applied if the instructions described in the enclosed manual have not been followed.
3. Complaints shall not be made for defects caused by incorrect operation or improper handling, use and installation that are contrary to the user manual, or              damage caused by overvoltage and damage to goods caused by excessive mechanical wear.
4. The warranty does not cover wear and tear caused by normal use. (for items sold at a lower price, the warranty does not cover defects for which the lower              price was agreed)

5. It also does not apply to damage caused by:

  • Mechanical damage to goods
  • Electrical overvoltage
  • By using the goods in conditions that do not correspond to the specified operating environment due to their temperature, dust, humidity, chemical and mechanical influences.
  • Incorrect installation, handling, servicing or neglect of the care of goods.
  • The goods have been damaged by use in violation of the terms of the documentation or the general principles.
  • By taking an unqualified hit.
  • Goods that have been modified by the customer in any way.
  • The goods were damaged by natural forces or force majeure.
  • Damage caused by drop or impact.

 

The consumer is entitled to withdraw from the contract in all cases stipulated by the Act. The withdrawal shall be effective from the Seller upon receipt of the Buyer's declaration of withdrawal, provided that all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they have provided. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer shall return the performance provided by the Seller only to the extent that it is objectively possible in the given situation.

Complaint handling

  • The current address of the complaint service center can be found at:
  • https://www.auto-majaky.cz/s/reklamacni-rad
  • Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the Buyer shall be granted the same rights as if it were a material breach of contract.
  • The time limit for handling complaints shall be suspended if the Seller has not received all the documents required for handling the complaint (parts of goods, other documents, etc.). The Seller is obliged to request completion of the documents from the Buyer in the shortest possible time. The period is suspended from this date until delivery of the requested documents by the Buyer.
  • When the goods need to be sent to the Seller or Service Center, the Buyer shall, in his / her own interest, ensure that the Goods are packed in suitable and sufficiently protective packaging material satisfying the requirements of the transport of fragile Goods, including all accessories.
  • In order to make a claim, the Consumer is obliged to deliver the claimed goods to the place of the service center at its own expense. If the claim is accepted, the goods are returned to the Consumer at the expense of the Seller. Upon acknowledgment of the claim, the Consumer may require the Seller to reimburse the costs associated with the transportation in a reasonable amount. The buyer who acts during the conclusion and performance of the contract in the course of his business or other business activities (which is decided by the identification number on the purchase document) when complaining the cost of shipping himself.

Whenever a service technician visits the buyer, it is necessary to draw up a report on the defects found and the form of their removal. Without such a protocol, a visit by a service technician is not taken into account.

 

In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the Buyer in the same manner by which the Seller accepted the payment. The Seller shall return the funds received to the Buyer in another way only if the Buyer has agreed to this and does not incur additional costs.

Address for handling complaints

 

CAD - Czech auto devices s.r.o.

 

Okrajová 1602/2b

 

Havířov- Bludovice

 

73601

 

Complaint protocol for download:

Complaint protocol Word

Complaint protocol PDF 

 

These Complaints Rules come into effect on 1 March 2018