Reklamační řád

I. IDENTIFICATION OF PARTIES

1. The seller is the commercial company KVEDU Praha s.r.o., with its registered office in Prague – Staré Město, Na Příkopě 1047/17, postal code 11000, company ID 24768031, i.e., a legal entity acting in the conclusion of purchase agreements for goods within its business activities.

2. The provisions of this complaint policy apply exclusively to legal relationships arising between the seller and buyers who are natural persons, not acting in the conclusion of a purchase agreement for goods with the seller within their business activities or within the independent performance of their profession, and who therefore enjoy legal protection as "consumers".

 

II. RIGHTS AND OBLIGATIONS UPON SALE

or acceptance of goods

1. The buyer acquires ownership of the sold goods at the moment of their acceptance from the seller. The buyer will receive a document confirming the purchase of the goods.

2. Before the sale is concluded and immediately after taking over the goods, the buyer has the right to have the goods checked by the seller or to have their functions demonstrated in order to familiarize themselves with the goods and demonstrate their functions.

3. Furthermore, the seller is obliged, if requested by the buyer, to inform them in writing, e.g., in the form of a warranty card, certificate or guarantee card, about the scope and duration of its obligations in the event of defective performance. This information may be contained in the document confirming the purchase of the goods.

4. The seller is responsible to the buyer that at the moment of acceptance, the goods are free of defects and at that moment the goods have the agreed properties, in accordance with the agreement between the buyer and the seller corresponding to the nature of the goods.

 

III. WARRANTY PERIOD

or limits of rights from defective performance

1. The buyer is entitled to assert a claim for defects that occur in the goods within the warranty period of 24 months from their acceptance.

2. If a period for claiming a defect longer than 24 months is stated on the goods, on their packaging, in the attached instructions, or in advertising for the goods, such stated period shall be decisive for asserting the right to claim a defect in the goods.

3. However, the buyer is not entitled to assert a claim for defects with the seller, even within the warranty period, in the case of wear and tear of the goods caused by their normal use, and in cases where, due to the nature of the goods, their lifespan is shorter than the warranty period even with proper care.

4. The seller is further not responsible for defects in the goods caused by the buyer, whether by their action or inaction, which results in a state of the goods that does not meet the standards of the contract. This means that the occurrence of a defect in otherwise faultless goods is due to the buyer's conduct, which is either grossly negligent or careless, or such conduct deviates from the procedure in the goods' instruction manual, including the seller's instruction and explanation to that effect.

 

IV. METHOD OF COMPLAINT

or assertion of rights from defective performance

1. The seller is obliged to accept a complaint at any establishment where accepting complaints is possible given the range of goods sold, or at the seller's registered office. For this purpose, an employee authorized to handle complaints is present at such an establishment throughout its operating hours.

2. The seller is obliged to issue a written confirmation to the buyer stating when the buyer asserted the right, what the content of the complaint is, and what method of complaint resolution the buyer requests, including all possible obvious external defects and damage to the goods that can be identified with due care during a quick check of the goods accepted for complaint. If the buyer fails to state the desired method of complaint resolution when reporting the defect, the seller shall instruct them on this fact as part of its informational obligation.

 

V. METHODS OF COMPLAINT RESOLUTION

or rights arising from liability for defects

1. In the event of a defect in the goods within the warranty period, the buyer has the right to its free removal, unless otherwise stipulated by this complaint policy, and that by the mutually conditional methods of complaint resolution listed below, always taking into account the specific type of goods and the nature of the defect.

2. The buyer has the right to have the goods or a part thereof repaired. Repair of goods means the repair of the entire item or the replacement of individual components.

3. The buyer has the right to exchange the goods or a part thereof if repair of the goods is not possible due to the nature of the defect and the type of goods. The buyer has the right to exchange the goods without fulfilling other conditions if a defect occurred in the goods even after the second repair of the goods. Furthermore, the buyer has the right to exchange the goods without fulfilling other conditions if a larger number of defects occurred in the goods already during the first use.    

4. The buyer has the right to a reasonable discount on the price of the goods if repair of the goods or a part thereof is not possible, or if exchange of the goods or a part thereof is not possible.

5. The buyer also has the right to withdraw from the purchase agreement if repair of the goods or a part thereof is not possible, or if exchange of the goods or a part thereof is not possible. The buyer has the right to withdraw from the purchase agreement without fulfilling other conditions if a defect occurred in the goods even after the second repair of the goods. The buyer has the right to withdraw from the purchase agreement without fulfilling other conditions if a larger number of defects occurred in the goods already during the first use.  

6. In the event of withdrawal from the purchase agreement, it is cancelled from the beginning, and the seller and the buyer are obliged to return the mutual performances.

 

VI. COMPLAINT HANDLING

or consumer protection

1. The complaint, including the removal of the defect, will 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.

2. In the event that the seller does not acknowledge the complaint as justified, for any reason whatsoever, the complaint shall be duly processed at the moment when the seller notifies the buyer in writing or in person within 30 days from the date of the complaint about how the complaint was handled.

3. A condition for proper and timely handling of the complaint is that the buyer has provided the seller with the necessary cooperation for handling the complaint, i.e., in particular, that they have allowed the seller to examine the complained goods.

4. The seller shall issue the buyer a confirmation of the date and method of complaint resolution, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

5. The fruitless expiry of the 30-day period for handling a complaint is considered a material breach of contract, on the basis of which the buyer is entitled to withdraw from the purchase agreement and demand the return of the purchase price.

 

VII. CONSEQUENCES OF FAILURE TO COLLECT GOODS AFTER COMPLAINT RESOLUTION

or self-help sale

1. In the event that the buyer provided the seller with contact details and did not collect the goods after the complaint was resolved without undue delay, the seller shall notify the buyer in writing of the intended sale of the goods and set a substitute period for collecting the goods, which period must not be shorter than 1 month. After the fruitless expiry of the period, the seller is entitled to sell the goods in any manner and shall seek to achieve a reasonable price in the sale of the goods, while the seller is also entitled to take over the goods at a market-usual price.

2. In the event that the buyer did not provide the seller with contact details or is difficult to reach and did not collect the goods even after 6 months from the resolution of the complaint, the seller is entitled to sell the goods even without written notification to the buyer about the intended sale of the goods.

3. The seller is entitled to use part of the proceeds from the sale of goods to cover reasonably incurred costs associated with the storage of goods and is obliged to hand over the remaining part of the proceeds from the sale of goods to the buyer on the basis of their written request.

 

VIII. FINAL PROVISIONS

1. This complaint policy takes into account the consumer rights regulation contained in Act No. 89/2012 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, as amended, and according to current decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic.

2. In other cases, i.e., if the purchase agreement is concluded between the seller and a person who is not a consumer, the provisions of Sections 2099 to 2112 in conjunction with Section 1921 of the Civil Code shall apply to the assertion of rights from defective performance, or individually agreed conditions of the so-called voluntary quality guarantee according to Section 2113 et seq. of the Civil Code.

3. This complaint policy is effective from December 1, 2015.

4. This complaint policy is available at the seller's registered office and establishments on the website https://dusak.cz