Complaints procedure

Complaints Procedure

I. General provisions

The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Procedure. Matters not covered by these Complaints Procedure shall be governed by the law of the Czech Republic. This Complaints Procedure is in accordance with Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014.

The Seller is the company VLNIKA s.r.o., with registered office at Dolní Pěna 5, identification number: 280 64 321, registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, Insert 15118 (hereinafter referred to as the "Seller").

By accepting the goods from the Seller, or by accepting the goods at the post office or from the carrier, the Buyer agrees to this Complaints Procedure.

II. Warranty conditions

The buyer is obliged to check and inspect the goods properly upon receipt. If he finds any defects in the goods, he is obliged to notify the Seller without undue delay. If the buyer fails to inspect the goods or otherwise ensure that they are inspected at the time of the transfer of the risk of damage to the goods, he may only claim for defects detectable during such inspection if he proves that the goods were already defective at the time of the transfer of the risk of damage to the goods. The buyer is obliged to carry out the inspection in such a way as to detect all defects which can be detected by the exercise of professional care.

In the event of mechanical damage to the packaging of the goods on receipt from the carrier, the buyer is obliged to inspect the condition of the goods. If the inspection reveals obvious damage to the goods, the buyer must make a note of this in the presence of the carrier and refuse to accept the goods. If the buyer does not refuse to accept the goods, he may only claim for defects found during this inspection under the conditions set out in the preceding paragraph. In the event of rejection of the goods due to damage in transit, a new product will be sent to the buyer free of charge.

By signing the delivery note, the buyer agrees to the acceptance and confirms that the goods delivered are undamaged. Later claims caused during transport will not be taken into account. An exception is mechanical damage to the goods which was not apparent upon receipt of the shipment, even upon proper inspection. In this case, the buyer is obliged to make a claim within three days of receipt of the goods.

Before using the goods for the first time, the buyer is obliged to properly read the warranty conditions including the relevant user manual (instruction manual). In the event of use of the product in contravention of the user manual (instruction manual), the purchaser shall bear all consequences arising therefrom himself and any subsequent claim shall be deemed unjustified.

The warranty does not cover defects resulting from wear and tear caused by normal use of the goods, incorrect operation, unprofessional or unauthorised intervention, as well as use, maintenance or installation contrary to the user manual. The warranty will also not be honoured in the event of mechanical damage caused by the customer, damage caused by excessive and improper use, neglect of the goods, ingress of foreign substances (chemicals, etc.) into the goods or damage caused by force majeure.

The Seller shall not be liable for any defects which were brought to the attention of the Buyer at the time of conclusion of the contract and at the same time the Buyer did not refuse to accept the goods. If the goods are used, the seller is not liable for defects corresponding to the level of use or wear and tear that the goods had when the buyer took them over.

In the case of goods sold at a lower price, the guarantee does not cover defects for which the lower price was agreed.

III. Warranty period

The buyer may exercise his rights arising from defective performance within 24 months of receipt of the goods. In the case of used goods, the period for exercising the rights of defective performance may be reduced to 12 months; such reduction of the period shall be indicated by the Seller in the certificate of defective performance obligations or on the sales receipt. After the expiry of the time limit, the defect right may not be exercised against the seller unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee of quality in excess of its legal obligations.

The buyer shall exercise his rights under defective performance without undue delay after he discovers that the goods are defective. The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.

The Buyer acknowledges that if the goods are replaced as part of the settlement of a claim, the time limit for exercising rights under the defective performance does not start again. The time limit will expire 24 months after receipt after purchase of the claimed goods.

The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

The above warranty periods are intended for end customers.

IV. Handling of complaints

Unless otherwise stated, the place for filing a complaint is VLNIKA s.r.o., Dolní Pěna 5, 377 01 Jindřichův Hradec.

The Buyer may make a claim by sending the goods for claim by transport service (forwarding company, post, etc.) to VLNIKA s.r.o., Dolní Pěna 5, 377 01 Jindřichův Hradec. In case of sending the goods for complaint, the buyer is obliged to enclose information about the defects found in the product.

In the case of sending defective goods for complaint by transport service - at own expense - to the address of the seller's complaint department, the shipment must be visibly marked with the inscription "COMPLAINT" and contain: the claimed goods including complete accessories, a copy of the purchase document or other documents proving the conclusion of the purchase contract for the claimed goods with VLNIKA s.r.o, a duly described detailed description of the defect and specification of the rights that the buyer claims in connection with the complaint, possibly also other documents relating to the delivery of the goods, and sufficient contact details of the buyer (return address, telephone number, e-mail). Goods sent at the seller's expense will not be accepted.

In the event of sending defective goods for complaint, the Buyer is obliged to hand over the goods complete and in suitable packaging material that meets the transport requirements of the goods delivered - preferably in the original packaging. The Seller is not obliged to accept the goods for complaint if they are not suitably packaged and delivered with the required parts and accessories.

In the event of an unjustified claim, the Buyer will be charged a handling fee according to the current price list and the goods will be sent to the Buyer's address at the Buyer's expense and risk, unless otherwise agreed.

The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. After the expiration of this period, the buyer shall be entitled to the same rights as if the defect were irremovable.

The Seller, after examination of the documents submitted and a cursory inspection of the goods claimed,

   Accept the complaint as justified and settle it on the spot; if it is not possible to settle a justified complaint immediately, accept the complaint. the goods to the complaint procedure and make a written record thereof

   Reject the complaint as unjustified and return the goods to the buyer

   Accepts the goods complained of for professional assessment, on the basis of the results of which the complaint will either be accepted as legitimate and properly dealt with, or it will be rejected and the goods will be returned to the buyer

The Seller shall issue a confirmation to the Buyer as to when the right of liability for defects has been exercised, as well as the repair and the duration of the repair, or the manner in which the claim has been settled.

If the defect is one that can be remedied, the buyer has the right to have it remedied free of charge, in a timely and proper manner, and the seller is obliged to remedy the defect without undue delay. If this is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the item or, if the defect concerns only a part of the item, replacement of the part. If this is not possible, the buyer may demand a reasonable reduction in the price of the item or withdraw from the contract.

If the defect cannot be remedied and prevents the thing from being properly used as a thing without defect, the buyer has the right to have the thing replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are removable, but if the buyer cannot use the thing properly because of the recurrence of the defect after repair or because of a greater number of defects.

If the defects are other irremovable defects and if the buyer does not request replacement of the item, the buyer is entitled to a reasonable price reduction or may withdraw from the contract.

The buyer shall inform the seller of the manner of settlement of the complaint in advance by the agreed procedure (by means of distance communication or in writing). If the goods have been sent by a transport service, they will be sent automatically to the buyer's address after processing.

V. Final provisions

"In the event of a justified complaint, the customer is entitled to reimbursement of the postage costs in the necessary amount. In the event of an unjustified complaint, the consumer is not entitled to compensation for his costs associated with the handling of the complaint, nor is the seller entitled to compensation for the costs incurred on his part (unless the consumer has, for example, repeated unjustified complaints, where it can already be assumed that there has been an abuse of rights on his part)."

Liability rights for defects for which a guarantee period applies are extinguished if they are not exercised within the guarantee period.

This Complaints Procedure shall enter into force on 2 June 2015. Changes to the Complaints Procedure are subject to change.