This Complaints Procedure for Businesses and Legal Entities (hereinafter the "Complaints Procedure") governs the manner and conditions for claiming defects of goods purchased by an entrepreneur or a legal person through the on-line shop EUROstand from our company:
EUROstand, s.r.o., registered office Železná 663/5, 619 00 Brno - Horní Heršpice
Company Reg. No..: 25577476
VAT No..: CZ25577476
registered in the Commercial Register kept at the Regional Court in Brno, Section C, File 35145
delivery address: Bohunická cesta 834/17, 664 48 Moravany
phone number: + 420 543 422 140
contact email: firstname.lastname@example.org
1. Seller's liability for defects
1.1. The Seller is responsible for ensuring that the goods are not defective at takeover. This means that goods taken over in particular:
are in the agreed quantity;
correspond to the quality and performance agreed between the Buyer and the Seller, possibly according to the agreed sample or template, or according to the purpose of the agreement; otherwise for the usual purpose;
the defect of goods is also considered a situation where the Seller delivers goods other than those agreed between them to the Buyer;
has no legal defects, i.e. the goods are not owned by a third party and the goods are equipped with documents and papers necessary for the proper use of the goods.
The Seller does not provide any guarantee of quality and the provisions of Section 2113 of the Civil Code do not apply unless otherwise agreed individually.
1.2. The difference in color shades in reality and on electronic imaging devices can not be considered to be defective.
2. The Buyer's rights arising from defective performance
2.1. The Buyer's rights arising from defective performance are governed by the Civil Code, in particular Section 2099 to 2117.
2.2. If the defect is a material breach of the agreement , the Buyer is entitled to the following rights arising from defective performance:
a) removing a defect by delivering a new item without defect or supplying the missing item;
b) removing the defect by repairing the item;
c) an appropriate discount on the purchase price; or
d) withdrawal from the agreement.
2.3. If the defect is a non-material breach of the agreement, the Buyer may require:
a) removal of the defect; or
b) a reasonable discount on the purchase price
2.4. The Buyer is obliged to inform the Seller on the chosen way of solving the complaint when the defect is notified, otherwise the Seller will decide on it. The choice made can only be changed in agreement with the Seller. If the Buyer considers a defect to be a material breach of the agreement, he is required to prove this to the Seller. The Buyer notes that, until he/she has exercised the right to a discount on the purchase price or withdraws from the agreement, the Seller is entitled to deliver the missing goods or remove the legal defect (in particular, to supply the missing documents).
2.5. Replacement of goods or withdrawal from the agreement can not be required if the Buyer can not return the goods in the state in which they were received. This does not apply in the event that:
a) there has been a change in status as a result of a search for the detection of a defect;
b) the Buyer used the item before the defect was discovered;
c) the Buyer has not caused the impossibility of returning the item in the unaltered state by his/her behavior or omission; or
d) the Buyer sold the thing before the defect was discovered or has changed the item in the normal course of business; if only in part,
3. The impossibility of exercising the rights arising from defective performance
3.1. Rights arising from the defective performance do not belong to the Buyer if he/she knew about the defect before taking over the item or caused the defect himself/herself.
3.2. Claims for liability for defects also do not apply to:
the wear and tear of goods caused by their usual use;
items sold at a lower price - only in relation to the defect for which the lower price was agreed;
or if it is clear from the nature of things.
4. Complaint Procedure
4.1. The Buyer is required to apply the claim at the Seller without undue delay from the discovery of the defect. The contact address of the Seller is designated as the address to receive the claimed goods.
4.2. Binding Complaint Procedure:
for faster processing, the Buyer may inform the Seller in advance of the complaint by telephone, email or in writing;
the Buyer is obliged to inform the Seller of the right to choose from the defective performance, describe the defect and / or describe how it is manifested;
the claimed goods shall be delivered by the Buyer to the Seller (other than by cash on delivery, which the Seller does not accept), while the Buyer is obliged to pack the goods in a suitable package in such a way as to avoid damage or destruction;
the Buyer will attach a proof of purchase of the goods or a tax document - invoice, if issued, or another document proving the purchase of the goods.
4.3. The moment of claim is the moment when the claimed goods were delivered to the Seller.
4.4. In accordance with the Civil Code, the Buyer is entitled to reimbursement of the expenditure reasonably incurred The Buyer acknowledges that the right to reimbursement must be exercised within one month of the expiration of the period of claiming the defect.
This Complaints Procedure is valid and effective from 22 October 2018