Complaints Procedure
issued by Prabos plus a.s. Slavičín (hereinafter referred to as the "Seller")
It is used to ensure the correct procedure for the application and handling of claims for defects in consumer goods. It has been prepared in accordance with Act No. 89/2012 Coll., the Civil Code as amended and Act No. 374/2022 Coll., on Consumer Protection as amended.
Article 1
Buyer's right to claim defective goods
If the sold item is not in conformity with the purchase contract upon acceptance by the Buyer or if there is a defect in the purchased goods, the Buyer may exercise his/her right to liability for defects in the goods with the Seller. A change in the characteristics of the goods that occurred during the warranty period due to wear and tear or improper use or improper intervention cannot be considered a defect.
If the Buyer exercises the right of liability for defects in goods (hereinafter referred to as a claim), the manager is obliged to decide on the validity of the claim immediately, in more complex cases within 3 working days. This time limit does not include the time required for a professional assessment of the defect. A complaints handler must be present in the premises at all times during business hours.
The complaint, including the removal of the defect, must be handled:
1. Without undue delay, but no later than 30 calendar days from the date of its application,
2. Or within longer period as the Seller and the Buyer may agree on.
After the expiry of the deadline for handling the claim, the Buyer has the same rights as if it were a defect that cannot be remedied according to Article 6 of this Complaint Procedure.
The store manager or his/her authorized employee will accept the complaint if the goods are properly cleaned, dried and the complaint assessment is not prevented by general principles of hygiene.
Article 2
Place for making a complaint
The Buyer makes the claim in the shop where the goods were purchased.
The Buyer is obliged to prove that his/her complaint is justified, i.e. that, in addition to pointing out the defects, he/she also documents the place, price of the goods and the time of purchase of the goods, which is best proven by means of a sales document, warranty certificate, or in other plausible way.
Article 3
Deadline for making a complaint
The Seller is responsible for the fact that the sold item is in conformity with the purchase contract upon acceptance by the Buyer, even for defects that occur after the Buyer takes over the item within the warranty period. The deadline for making a complaint (warranty period) is 24 months from the date of receipt of the goods in the shop. At the request of the Buyer, the Seller is obliged to issue the Buyer with a warranty certificate indicating the scope and terms of warranty. If the nature of the item allows it, the proof of purchase is sufficient instead of the warranty certificate. The Buyer's right to claim the goods shall expire if it has not been exercised within the warranty period.
The Buyer should make a complaint without undue delay immediately after discovering the defect so that the complaint can be properly assessed and handled. The warranty period is not to be confused with the normal service life of the goods, i.e. the period of time for which the goods, with proper use and care, can keep their characteristics due to the given purpose and the difference in the intensity of use. If the claim is settled by replacing the defective goods with new ones, the time limit for filing a claim starts again from the moment the Buyer takes over the new goods.
Article 4
Conflict with the purchase contract
In the event that the goods are not in conformity with the purchase contract upon their receipt by the Buyer, the Buyer has the right to have the Seller put the goods into a condition that corresponds to the purchase contract free of charge, either by replacing the item, or, if this is not possible, by repairing it; the Buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the Buyer knew about the contradiction with the purchase contract before taking over the item or caused the contradiction with the purchase contract themselves. Unless it is contrary to the nature of the goods or unless the contrary is proven, a conflict with the contract of sale which becomes apparent within the first six months from the date of receipt of the goods shall be deemed to have already existed at the time of receipt of the goods.
Article 5
Removable defects
Removable defects are considered to be defects the removal of which does not impair the appearance, function and quality of the products and the repair can be carried out properly within the specified period. The deadline for the removal of the defect shall not exceed 30 calendar days, or longer period as may be agreed between the Seller and the Buyer. It is up to the Seller to assess the nature of the defect.
The Seller is obliged to put the item into a condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item, if it is not disproportionate to the nature of the defect, or by repairing it, as requested by the Buyer. If such a procedure is not possible, the Buyer may demand a reasonable discount on the price of the item or withdraw from the contract.
If the defect is removable on already used goods, the Buyer has the right to demand only free, timely and proper removal of the defect, while the Seller is obliged to remove the defect without undue delay.
The time from the application of the complaint to the time when the Buyer was obliged to take over the goods after the repair has been completed is not included in the warranty period. The Seller is obliged to issue the Buyer with a confirmation (complaint ticket) of the date of the complaint, as well as the repair and the duration of the repair.
Article 6
Irremovable defects
Irremovable defects are those that cannot be repaired within the specified period of time and that prevent the product from being used properly. In case of irremovable defect, the Buyer may demand:
1. Exchange the items for the good ones,
2. Cancellation of the purchase contract, (the Buyer returns the defective items and receives a refund of the purchase price).
If there is any other irremovable defect that does not prevent the use and if the Buyer does not request replacement, the Buyer is entitled to a reasonable discount on the price or may withdraw from the price. The Buyer has the same rights as in the case of irremovable defects if the same removable defect re-appears after two previous repairs or if at least three removable defects occur simultaneously.
Article 7
Goods sold at lower price
Products that show defects (defective new or used products) that do not prevent the product from being used for its intended purpose must be sold only at a lower price. The Buyer must be notified that the product has a defect and what the defect is, unless it is already obvious from the nature of the sale. The Seller shall not be liable for such defects in new or used products for which a lower price has been agreed. If a product sold at a lower price has a hidden defect that prevents it from being used for its intended purpose from a functional point of view, the Buyer is entitled to claim the product in accordance with Articles 3, 4, 5 and 6 of this Complaints Procedure. If there is any other irremovable defect in the product sold at a lower price, but which does not prevent it from being used for its intended purpose, the Buyer is entitled to a reasonable discount on the price of the product.
In case of second-hand products, the warranty period may be reduced to 12 months if the Seller so agrees with the Buyer. The Seller is then obliged to indicate this period in the proof of purchase.
If the price of the product has been reduced due to a clearance or a post-season sale and if the product is sold as new, faultless product, the Seller is fully liable for these defects in the products sold in this way.
Article 8
Settlement of disputes
Disputes arising in the context of the complaints procedure shall be decided by the court.
This Complaints Procedure shall take effect on: 01 February 2023
