Complaints Procedure IMMAX WPB CZ, s r. o.
for the sale of goods
IMMAX WPB CZ, s.r.o. Pohoří 703, 742 85 Vřesina, ID No.: 046112686 This Complaints Procedure is valid at all company locations. Address for sending complaints IMMAX WPB CZ, s.r.o. Teslova 1179/2, 702 00 Ostrava-Privoz
The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Regulations. Matters not regulated by these Complaint Rules shall be governed by the law of the Czech Republic. The Seller shall inform the Buyer of this Complaint Procedure in an appropriate manner and shall provide it to the Buyer in text form at the Buyer's request. This Complaints Procedure complies with Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014.
The Seller is not liable for defects in the following cases:
-if there is a defect in the item at the time of acceptance and a discount on the purchase price is agreed for such defect,
-if the goods are used and the defect corresponds to the level of use or wear and tear that the goods had at the time of receipt by the buyer,
-the defect has been caused by wear and tear caused by normal use, or if this is due to the nature of the goods (e.g. expiry of their useful life),
-is caused by the buyer and has been caused by improper use, storage, improper maintenance, interference by the buyer or mechanical damage,
-the defect was caused by an external event beyond the seller's control.
Exercise of the claim
The Buyer shall have the right to lodge a claim with the Seller, at any of its premises where the acceptance of the claim is possible with regard to the range of goods sold, or at its registered office or place of business. The Seller shall ensure the presence of an employee authorised to receive claims at all times during business hours. The complaint may also be lodged with the person designated in the certificate issued by the seller to the buyer or in the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.
The buyer shall be obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by presenting a sales receipt, a confirmation of the seller's obligations under the defective performance of the warranty certificate, or in another credible manner. The buyer shall not be entitled to claim for a defect which has been complained of in the past, provided that a reasonable discount on the purchase price has been granted.
Time limit for exercising rights
The buyer may exercise his rights arising from defective performance within 24 months of receipt of the goods. In the case of second-hand goods, the time limit for exercising the rights of defective performance may be reduced to 12 months; such reduction of the time limit shall be indicated by the seller in the certificate of obligations under defective performance or on the sales note. After the expiry of the time limit, the defect right may not be exercised against the seller unless the parties agree otherwise or the seller or the manufacturer provides a special guarantee of quality in excess of its statutory obligations.
The buyer shall exercise his rights under defective performance without undue delay after he discovers that the goods are defective. The seller shall not be liable for any increase in the extent of the damage if the buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting rights under the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
The Buyer acknowledges that if the goods are replaced as part of the settlement of a claim, the time limit for exercising rights under the defective performance does not start again. The time limit will expire 24 months after receipt after purchase of the claimed goods.
The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.
Handling of claims
The Seller is obliged to decide on the complaint immediately, in more complex cases within five working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue the Buyer with a written confirmation stating the date and place of the claim, the characteristics of the defect complained of, the method of settlement requested by the Buyer and the manner in which the Buyer will be informed of the settlement. The complaint, including the removal of the defect, must 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. If the last day of the time limit falls on a Saturday, Sunday or public holiday, the last day of the time limit is the next working day. The expiry of this period in vain shall be considered a material breach of contract. The Seller shall confirm to the Buyer in writing the manner in which the claim is to be settled and the duration of the claim. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except if the chosen method of handling cannot be implemented at all or in time.
The Buyer is obliged to take possession of the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the Seller is entitled to charge a reasonable storage fee or to sell the goods on his own account to the Buyer. The seller must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to take delivery of the goods.
Quality on acceptance
The Seller declares that he delivers the goods to the Buyer in accordance with the provisions of Section 2161 of the Civil Code, i.e.:
-the goods have the characteristics agreed between the buyer and the seller and, in the absence of an agreement, those characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
-the goods are fit for the purpose for which the seller states they are to be used or for which a thing of that kind is usually used,
-the goods are goods in the appropriate quantity, measure or weight; and
-the goods comply with the requirements of the legislation.
In the event that the goods do not comply with the above requirements upon receipt by the buyer, the buyer shall have the right to have new goods delivered without defects, unless this is unreasonable in view of the nature of the goods. If the defect relates only to a part of the goods, the buyer may only demand replacement of the part; if this is not possible, he may withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge.
If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts replaced or repaired, he may demand a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller is unable to deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.
Liability of the seller for defects which are material and immaterial breaches of contract
The seller's liability for defects which are a material or immaterial breach of contract shall apply to defects in the goods arising within 24 months of acceptance, for defects for which liability for quality on acceptance does not apply pursuant to Article 5.
If the defect is a material breach of the contract, the buyer has the right, at his option, to have a new item delivered, to have it repaired, to receive a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price). If the defect is an insubstantial breach of contract, the buyer has the right to have the defect remedied or a reasonable discount.
The buyer has the right to delivery of a new, defect-free item, replacement of a part, a price reduction or withdrawal from the contract, regardless of the nature of the defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a large number of defects.
Claim costs and dispute resolution
The buyer shall bear the costs of sending the goods for complaint.
In the event that the seller rejects the claim as unjustified, the buyer may turn to a forensic expert in the field and request an independent professional assessment of the defect.
If there is no agreement between the buyer and the seller, the buyer may turn to existing systems of out-of-court settlement of consumer disputes, in particular to the system www.vasestiznosti.cz, or to the competent court.
Contractual guarantee of quality
If the Seller has provided a quality guarantee in excess of its legal obligations, its application shall be governed by these Complaints Regulations, unless the confirmation of the Seller's obligations arising from defective performance (warranty certificate) or the contract provides otherwise.
This Complaints Procedure is effective from 1 February 2016.