This Complaint Procedure (hereinafter as the „Complaint Procedure“) regulates the way and conditions for claiming defects of goods purchased by the consumer through the online shop Sewing for dolls from a businesswoman:
Dita Mrazkova, based Uherska 630, 190 17, Praha 9 - Vinor, Czech Republic
ID: 67020968 - non VAT
registered in the Trade Register administered by the Prague 19 City Office
postal address: Dita Mrazkova, Uherska 630, 190 17, Praha 9 - Vinor, Czech Republic
1. What kind of defects do we have responsibility for?
1.1. As a seller, we are responsible for providing you with the goods you ordered, and that the goods are not defective at delivery. This means that goods taken over in particular:
- have characteristics that have been arranged between us, which we describe or that you could expect in terms of the nature of the goods and the advertising;
- are in the appropriate quantity, degree or weight;
- comply with legal requirements;
- are suitable for the purpose that we have given or for which the purchased goods are usually used;
- correspond to the quality agreed between us or, if appropriate, to the quality established by applicable and effective legislation for the type of goods in question; and
- have no legal defects, ie the goods are not owned by a third party and the goods are equipped with the documents and documents necessary for proper use of the goods.
Furthermore, we are responsible for these defects not occurring in the warranty period. Beyond the statutory warranty period for consumers, we do not provide any guarantee of quality.
1.2. The difference of colors in reality and on electronic display devices can not be considered as defects. If the goods do not fit your idea, you have the right to withdraw from the contract within 14 days of take over of the goods in accordance with Article 6 of the General Terms and Conditions.
1.3. If the defect occurs within six months of the receipt, the goods are deemed to have been defective already at takeover.
2. What is the warranty period?
2.1. In the case of unused consumer goods, the warranty period is 24 months from the date of receipt of the goods if a longer warranty period is not set in the web interface, in the documents enclosed with the goods or in the advertisement.
For used goods, the warranty period is twelve months after receipt of the goods.
2.2. In the event that your goods are exchanged or repaired, new goods, replaced parts and spare parts do not run a new warranty period. However, the warranty period is extended in such a case by the amount of time you could not use it due to the defect of the goods, that is to say the period during which the goods are being repaired.
3. What rights do you have for defective performance?
3.1. Your rights to defective performance are governed by the Civil Code, in particular § 2099 to 2117, and also § 2165 to 2174.
3.2. In accordance with the above provisions, you are especially entitled to:
a) Complementing what is missing
If we deliver goods in a smaller quantity than agreed, or we supply you with incomplete goods, you have the right to supplement what is missing.
b) Discount on the purchase price
If there was a defect in the goods when the goods were picked up or the defect occurred during the warranty period, you may always require a reasonable discount on the purchase price.
c) The replacement of goods or defective parts of goods
Replacement of goods or defective parts of goods may be required whenever it is not disproportionate to the nature of the defect (ie, especially when immediate repair is not possible) and if it is not only a minor breach of contract.
The right to exchange goods does not apply to you if only part (part) of the goods is defective. If during a complaint process we find that only a part of the goods is defective, we will replace this component.
You may not require the replacement of goods for goods used or sold at a lower price. Instead, you can request a discount on the purchase price.
d) Reapair of the thing
If the goods can be repaired, you are entitled to a free removal of the defect. If we find that we are unable to repair the goods during the complaint process, we will immediately inform you and you may choose another way to settle your claim.
e) Refund (withdrawal)
You can only request a refund, if:
- delivery of a defective or incomplete thing on our side means a serious breach of contract; or
- we are unable to remedy a defect for which you can not properly use the goods or are unable to replace the goods with such defects (eg goods are no longer manufactured); or
- you can not use the goods properly for recurrence of a defect after repair (occurrence of the same defect after its at least two previous repairs); or
- there are a number of defects in the goods (the current occurrence of at least three removable defects, each of which prevents the proper use of the goods); or
- we will not comply with the deadline for processing the complaint / we will not rectify the complaint within 30 days of claiming.
3.3. A condition for the replacement of goods or a refund (withdrawal) is that you return the thing in the same condition as you received it.. Exceptions are when:
a) there has been a change in status as a result of a search to find a defect;
b) you used the thing before the defect was discovered;
c) you have not caused the inability to return the thing in the unchanged state through your actions or omissions; or
d) you sold it before you discovered the defect or changed the thing in the normal use; if only in part, you will return to us what else you can return and give us compensation up to the amount in which you have benefited from the use of the thing.
4. When can not claim a defective performance?
4.1. Rights to defective performance do not belong to you if:
- you knew about the defect before taking over;
- defect you caused yourselves; or
- warranty period has expired.
4.2. The warranty and claims for liability for defects also do not apply to:
- wear and tear caused by its common use;
- the defects of the items used correspond to the degree of use or wear that the goods had at the time you took them;
- things sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- things, if it results from their nature.
5. How to proceed with a complaint?
5.1. Complaints apply without undue delay after discovery of the defect.
5.2. We accept complaints at our office address. We have no establishment in which the goods could be claimed for its properties or we do not use the services of third parties for the purposes of complaints.
5.3. Suggested Complaint Procedure:
- you can inform us beforehand about the complaint in advance or via e-mail or in writing;
- at the same time, it is advisable to inform us of the right of defective performance you have chosen, ie whether you have an interest in completing what is missing, a discount on the purchase price, the exchange of goods or its defective part, the repair of the item, money, or other rights in accordance with these Complaints and Civil Code;
- the returned goods deliver to us along with the claim together or afterwards, to the our postal address, send it in a way other than a cash on delivery that we do not accept. When shipping, we recommend you to pack the goods in a suitable package so that the goods are not damaged or destroyed;
- for easier handling, it is appropriate to attach a proof of purchase or invoice, if issued, or another document proving the purchase of goods, together with a description of the defect and a proposal for a complaint settlement.
If you do not complete any of the above steps or do not submit any of the above documents, it does not prevent a positive settlement of the complaint under the legal conditions.
5.4. The moment of complaint is the moment when the occurrence of the defect has been notified and the right of liability for the defects of the item sold has been exercised.
5.5. We decide on the complaint we have received immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Complaint, including eventual removal of a defect, will be settled without undue delay, no later than 30 days after the date of complaint submission, if we agree for a longer period.
5.6. If you choose a right that can not be granted to you for objective reasons (especially for unavoidable defects or in case of replacement of goods that is not possible), we will immediately contact you. In this case, you may choose another right in accordance with these Complaint procedure document.
5.7. In the complaint we will issue a written confirmation of when you applied the law, what is the content of the complaint and what method of claim handling you require. After that (after settlement of a complaint) we will issue a certificate of the date and method of settling the complaint, including confirmation of repair and its duration, or a written justification for rejecting the complaint.
5.8. In accordance with the Civil Code, you are entitled to reimbursement of reasonable expenses when claiming the goods. Please note that you have to claim the right to reimbursement within one month after the expiration of the time limit for defect.
This Complaint Procedure is valid and effective from January 1, 2018.