S-Garden s.r.o., Přemyslova 522/80, Kralupy nad Vltavou 278 01, this complaint procedure applies to all premises of the company.
The buyer's rights from defective performance (hereinafter referred to as "claim") must always be used in accordance with this warranty claim procedure. This warranty claim procedure is governed by the legal order of the Czech Republic. The seller shall acquaint the buyer with this complaint procedure in an appropriate manner and, at the request of the buyer, forward it in text form. This claim code is in accordance with the Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer Protection as amended on 1 January. 1.2014.
The buyer has the right to apply for a complaint with the seller, at any of his premises, in which the acceptance of the claim is possible with regard to the assortment of goods sold, possibly in the headquarters or place of business. The seller secures the presence of an employee in charge of receiving complaints during the entire opening hours. Complaints can also be made with the person designated in the certificate issued by the seller to the buyer, on the receipt or in the guarantee certificate, if the designated person is at the place of the seller or closer to the location of the buyer.
The buyer is obliged to prove that he is entitled to claim the claim, in particular to prove the date of purchase, either by presenting a sales document, a confirmation of the seller's obligations from defective performance of the guarantee certificate or another credible way. The buyer is not entitled to claim any defect that has been noted in the past, if a reasonable discount on the purchase price was granted.
If the exercise of the right of defects would cause considerable inconvenience to the consumer, especially if the product cannot be transported to the place where the complaint would be made in the normal way, or the goods are mounted or part of a real estate, the seller will assess the defect in agreement with the buyer either on the spot or in other way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
The buyer may assert his rights from defective performance within 24 months of receipt of the goods. For used goods, the time limit for exercising the rights from defective performance may be reduced to 12 months, such shortening of the period shall be indicated by the seller in the certificate of obligations of defective performance or on the sales document. After the expiry of the time limit, the right of defects may not be applied by the seller, unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee for the quality beyond its statutory obligations.
The buyer is obliged to make a warranty claim immediately after noticing the defect. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer asserts the defect in relation to the seller, there is no time limit for exercising the rights from defective performance for the period during which the goods are repaired and the buyer cannot use them.
The buyer acknowledges that in case of replacement of goods in the context of the complaint, there is no new time limit for exercising the rights from defective performance. The period will expire 24 months after the purchase of the claimed goods.
The time limit for exercising rights from defects cannot be regarded as determining the lifetime of the goods, which differs with regard to the characteristics of the product, its maintenance and correctness and intensity of use or agreement between the buyer and the seller.
The seller is obliged to decide on the claim immediately, in more complex cases within three working days. The time required for the professional assessment of the defect shall not be counted to this period. The seller is obliged to issue a written confirmation to the buyer stating the date and place of accepting the claim, the characteristics of the impugned defect, the buyer's required method of handling the complaint and the manner in which the buyer will be informed of its handling. Complaints including removal of the defect must be settled without undue delay, no later than 30 days from the date of claim, unless seller and the buyer agree about a longer period. If the last day of the time limit falls on a Saturday, Sunday or holiday, the last day of the period shall be the nearest following working day. The futile expiry of that period shall be deemed to constitute a material breach of the contract. The seller must confirm the manner of the claim and its duration. The buyer is not entitled to change the chosen method of settlement of the complaint without the seller's consent, except when the method chosen by him is not possible at all or in time.
The buyer is obliged to take over the goods claimed within 30 days from the date on which the claim was to be processed at the latest, after this time the seller is entitled to charge reasonable stock fee or to sell it to the buyer's account. The seller must notify the buyer in advance of this procedure and give him a reasonable additional time to collect the goods.
The seller declares that the goods shall be forwarded to the buyer in accordance with the provisions of § 2161 of the Civil Code, namely:
In the event that the goods at the time of receipt by the buyer do not comply with the above requirements, the buyer shall have the right to a supply of new goods without defect, unless this is disproportionate due to the nature of the case. If the defect relates only to a part of the product, the buyer may require only replacement of the component; If this is not possible, he may withdraw from the contract and demand reimbursement of the purchase price in full. If, however, in particular if the defect can be eliminated without undue delay, the buyer has the right to a free removal of the defect.
If the buyer does not exercise the right to a supply of new goods without defect, to replace its part or to repair, the buyer may require a reasonable discount on the purchase price. The buyer has the right to a reasonable discount even if the seller cannot deliver the new goods without defect, replace its component or repair the goods, as well as if the seller does not deal with the remedy within a reasonable time or that the alternative remedy would make significant difficulties.
If the defect occurs within six months of acceptance, the case is considered to have been defective at the time of acceptance.
The liability of the seller for defects which constitute a substantial or non-material breach of the contract shall apply to defects of goods incurred in the period of 24 months from the takeover, for defects for which the liability for quality at the time of taking over is not applied pursuant to art. 5. A defect is considered to be a material breach of the contract if the buyer does not conclude the contract if the defect in concluding the contract foresaw, in other cases it is a defect that is not a material breach of the contract.
If the defect is a material breach of the contract, the buyer, at his choice, has the right to to a supply of a new item, repair, reasonable discount or withdrawal from the contract (with the right to a refund of the purchase price in full). If the defect is a non-material breach of the contract, the buyer has the right to removal of the defect or a reasonable discount.
The buyer has the right to the delivery of new product, replacement of part, discount from the price or withdrawal of the contract regardless of the nature of the defect, if he can not properly use the product for repeated occurrence of the defect after repair or for a greater number of defects.
If the claim is deemed justified, the buyer has the right to by payed reasonably incurred costs associated with exercising his right.
If the seller rejects the claim as unauthorised, the buyer, or in case of agreement both sides, may contact a forensic expert in the field and request the processing of an independent professional assessment of the defect.
If there is no agreement between the buyer and the seller, the buyer may refer to existing ADR schemes for consumer disputes, or the competent court.
If the seller, in excess of the statutory obligations, provided a guarantee for the quality, its application is governed by this claim code, if the confirmation of the seller's obligations from defective performance (warranty certificate) or contract does not state something else.
This complaint procedure is effective as of 1 January 2017.