Reklamace
Complaints Procedure IMMAX WPB CZ, s r. o.
Establishment and address for sending complaints
IMMAX WPB CZ, s.r.o.
Teslova 1179/2, 702 00 Ostrava-Přívoz
E-mail: reklamace@immax.cz
HOW CAN I CLAIM GOODS - QUICK OVERVIEW
1. Fill in the Claim form (claim form), look for the proof of purchase of the goods.
2. Send or personally deliver the goods including the claim form and proof of purchase to the address of IMMAX WPB CZ, s.r.o. Teslova 1179/2, 702 00, Ostrava-Privoz.
a. When sending the goods by the shipping company, follow the instructions of the company, making sure that the goods arrive undamaged
b. When handing over the goods in person, deliver them to us during working hours Mon-Fri 8-15h
DESCRIPTION OF THE COMPLAINT PROCESS - QUICK OVERVIEW
1. Receiving the goods at the premises
2. Inspection of the goods by a complaints engineer, repair or replacement of the goods
3. You are informed by the technician about the progress of the claim
4. We resolve the complaint as soon as possible, no longer than 30 days
The buyer is obliged to familiarize himself with the Complaints Procedure and the Terms and Conditions (hereinafter referred to as "the OP") before ordering the goods. At the same time, the Buyer acknowledges that he/she is obliged to provide IMMAX WPB CZ, s.r.o. with the necessary cooperation required for the settlement of the complaint, otherwise the time limits are extended by the time in which the Buyer did not provide the required cooperation.
By concluding the purchase contract and accepting the goods from the seller, the buyer agrees to this Complaints Procedure.
COMPLAINT PROCEDURE for the sale of goods
IMMAX WPB CZ, s.r.o., Pohoří 703, 742 85 Vřesina, ID: 046112686.
This Complaints Procedure is valid at all company's outlets.
Article 1
Introductory provisions
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 covered by this Complaints Procedure 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 the item is defective at the time of acceptance and a discount on the purchase price is agreed for such defect,
if the goods are second-hand and the defect corresponds to the level of use or wear and tear that the goods had when the buyer took them over,
the defect has been caused by wear and tear caused by normal use or by 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.
Article 2
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, where applicable, 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 claim, in particular to prove the date of purchase, either by presenting the sales receipt, the seller's certificate of obligations under the defective performance of the warranty certificate, or by other credible means. 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. The Buyer is also obliged to enclose a duly completed Complaint Form. Without this document, the claim may not be timely and properly settled.
Downloadable Forms:
Making a Claim (Claim Form)
Article 3
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 rights under 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 bill of sale. 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 legal obligations.
The buyer shall exercise his rights under defective performance without undue delay after he discovers that the goods are defective. He may do so in writing or electronically. In the notification, he shall state his contact details, a description of the defect and a request for the manner in which the claim is to be settled.
When notifying the defect, or without undue delay after notifying the defect, the buyer is obliged to tell the seller which right (method of complaint settlement) he has chosen. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that proves to be irremediable. If the buyer does not choose his right from a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for the settlement of the claim runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods must be packed in suitable packaging to prevent damage during transport and must be clean and complete.
The Seller shall not be liable for any increase in the extent of 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 warranty period is therefore extended by the period from the time the claim is made until the claim is settled or until the time the buyer is obliged to collect the goods.
The Buyer acknowledges that in the event of replacement of the goods in the course of the settlement of the claim, no new period for exercising rights under the defective performance shall run. The existing warranty period of 24 months shall be extended by the period from the time the claim is made until the claim is settled or the buyer is obliged to collect the goods.
The period 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.
Article 4
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.
Article 5
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 which the seller states for their use 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 law.
If the goods do not comply with the above requirements on receipt by the buyer, the buyer shall be entitled to have new goods delivered free from defects, unless this is unreasonable having regard to 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 cannot deliver new goods without defects, replace a part of the goods or repair the goods, or if the seller fails to remedy the defect within a reasonable time or if the remedy would cause the consumer considerable difficulty.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.
Article 6
Liability of the seller for a defect which is a material and immaterial breach of contract
The liability of the seller 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 the 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.
Article 7
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. In this case, the costs of transporting the item for the purpose of assessing the defect shall be borne by the seller, regardless of whether the claim is rightly accepted or rejected. The exception would be in the case of manifest abuse of rights on the part of the consumer.
In the absence of an agreement between the buyer and the seller, the buyer may turn to existing out-of-court consumer dispute resolution systems, in particular www.vasestiznosti.cz, or to the competent court.
Article 8
Contractual guarantee for quality
If the Seller has provided a quality guarantee in excess of its statutory obligations, its application shall be governed by this Complaints Procedure, unless the confirmation of the Seller's obligations arising from defective performance (warranty certificate) or the contract provides otherwise.
This Complaint Procedure is effective from 1.11.2024.