Complaints code

1. Basic provisions and procedure for making a complaint

1.1. Complaints can be made by sending the goods to the address Zdeněk shoe repair shop Jakub, Malotova 5264 (Areál Svit, building 113), 760 01 Zlín. The buyer is obliged to report the defect to the seller without undue delay after the buyer was able to detect it during a timely inspection and due care. If it is a hidden defect, the buyer is obliged to claim it from the seller without undue delay after he could have discovered it with sufficient care, but no later than two years after handing over the item. Any delay during the continued use of the goods may cause the defect to worsen, the goods to deteriorate and may be the reason for the rejection of the claim. In the complaint or without undue delay after it, the buyer informs the seller which right he has chosen from defective performance. If he does not do so in time, even in the case of defective performance, which is a material breach of the purchase contract, he only has rights according to paragraph 2.7, i.e. to remove the defect or a reasonable discount on the price of the goods.

1.2. For the complaint, the buyer is obliged to provide a document certifying the date and place of receipt of the item of sale, or a warranty card, if it was issued, the item of sale itself in complete condition, cleaned, free of all impurities, in clean packaging, if the goods are sent. The buyer documents the goods in a hygienically sound condition and indicates the claimed defect in the object of sale, its nature and occurrence, informs the seller about the chosen claim from defective performance and about his identification and contact details to the extent necessary for processing the claim. The seller is entitled to refuse to take over for the complaint procedure goods that do not meet the principles of general hygiene mentioned above in this paragraph (decree 306/2012 Coll., on the conditions for preventing the occurrence and spread of infectious diseases). By not providing a document certifying the date and place of acceptance of the object of sale, the buyer risks not proving the timeliness of the claim and the legitimacy of his claim.

1.3. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

1.4. The costs of exercising rights from defective performance (complaint) are paid by the buyer, the seller can, after prior agreement with the buyer, transport the claimed goods at his own expense.

1.5. If the buyer asserts the right from defective performance, the seller will confirm to him in writing when he asserted the right from liability for defects, and after handling the complaint, also a confirmation of the method of resolving the complaint, as well as the implementation of any repairs and the duration of the complaint procedure, or provide him in written form with the justification for rejecting the complaint.

1.6. The seller does not assume responsibility for damages resulting from the functional properties of the goods, from unprofessional use of the goods or incorrect handling of the goods. Defects of this origin are not covered by the warranty provided.

1.7. The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The seller will process the claim, including the removal of the defect, without undue delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of the purchase contract, on the basis of which the buyer may withdraw from the purchase contract.

1.8. If, as part of the complaint procedure regarding a certain defect, it is decided that the complaint is unjustified, then a new complaint procedure regarding the same defect can no longer take place, and the seller is entitled to refuse to take over the subject of the complaint for this reason.

1.9. After handling the complaint, the buyer is obliged to take over the object of sale without unnecessary delay within 30 days from the day on which he was informed about its handling, this period cannot expire earlier than 60 days from the filing of the complaint.

1.10. If the buyer, who is in arrears with taking over the item of sale, requests its re-shipment, then the seller is obliged to send the item of sale to the buyer only on the condition that all costs related to this shipment are reimbursed by the buyer in advance.

2. Rights from defective performance

2.1. If possible, the buyer will inspect the item as soon as possible after the risk of damage to the item has passed and make sure of its properties and quantity, check that the packaging of the goods is intact. If any defects are discovered, he is obliged to notify the Seller or the carrier immediately and is entitled not to accept such goods. If the buyer takes over the damaged shipment from the seller or carrier, it is necessary to describe the damage in the handover protocol. By breaching this obligation, the buyer's rights from defective performance expire; this does not apply to consumers and does not affect the guarantee for the quality of the goods.

2.2. The seller is responsible to the buyer for the fact that the object of sale is in accordance with the purchase contract when the buyer accepts it, in particular that it is free of defects. Conformity with the purchase contract means that the subject of sale:

• a) has the quality and useful properties required by the purchase contract, described by the seller or expected based on the complaint made, or quality and useful properties usual for a thing of this kind,

• b) is suitable for the purpose that the seller states for its use or for which performance of this type is usually used,

• c) corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

• d) is in the corresponding quantity, measure or weight and
  
  
• e) meets the requirements of legal regulations.

2.3. The provisions mentioned in paragraph 2.2 do not apply:

• a) for goods sold at a lower price in relation to a defect for which a lower price was agreed,

• b) on the wear and tear of the goods caused by their usual use,

• c) to the end of the product's useful life as a result of excessive use beyond the scope of the intended use or purpose of the product, as well as due to inappropriate treatment and use contrary to the specified purpose

• d) in the case of used goods, for a defect corresponding to the degree of use or wear that the goods had when the buyer took them over, or
• e) if it follows from the nature of the goods.

2.4. A discrepancy with the purchase contract that manifests itself within six months from the date of acceptance of the object of sale is considered a discrepancy existing at the time of its acceptance by the buyer, unless this contradicts the nature of the thing or unless the seller proves otherwise.

2.5. A defect is a material breach of the purchase contract if the seller already knew about it at the time of concluding the purchase contract or must have known that the other party would not have concluded the purchase contract if it had foreseen this breach. A defect is a material breach of the purchase contract even if, unless the law provides otherwise, the buyer cannot properly use the object of sale due to the reappearance of the defect after repair or due to a larger number of removable defects. Reoccurrence of a defect after repair occurs if the same defect, which has already been removed at least twice during the warranty period, occurs again. The object of sale suffers from a greater number of defects if, at the time of the application of the complaint, it has at least three different (arising from different causes) removable defects at the same time; removable defects are considered to be defects that can be removed without affecting the appearance, function and quality of the goods. In other cases, it is considered that the violation is not significant.

2.6. If defective performance is a substantial breach of the purchase contract, the buyer has the right to deliver a new item, repair the item, receive a reasonable price discount, or withdraw from the purchase contract.

2.7. If the defective performance is an insignificant breach of the purchase contract, the buyer has the right to remove the defect or a reasonable discount on the price.

2.8. The buyer has no rights from defective performance, if he knew before taking over the goods that the goods had a defect, or if the buyer himself caused the defect, or if it is also a defect that the buyer should have known with the usual attention when concluding the contract.

2.9. Claiming a defect with the seller (complaint) does not release the buyer from the obligation to pay the price of the goods. The provision of § 2108 of the Civil Code does not apply. The provisions of this paragraph shall not apply if the buyer is a consumer.

2.10. The buyer cannot withdraw from the purchase contract within the scope of his right due to defective performance, nor demand the delivery of a new item if he cannot return the goods in the condition in which he received them. This does not apply to:

• a) if there was a change in condition as a result of an inspection to detect a defect in the goods,

• b) if the buyer used the goods before the defect was discovered,

• c) if the buyer did not cause the impossibility of returning the goods in an unchanged state by his actions or omissions, or
• d) if the buyer sold the goods before the discovery of the defect, if he used it, or if he changed the thing during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives the seller compensation up to the amount in which he benefited from the use of the item.

 

3. Quality guarantee

3.1. The seller undertakes that the delivered goods will, unless otherwise stated, be suitable for use for the usual purpose and retain their usual properties for a period of 24 months in the case of relations with consumers, and for a period of 12 months in the case of relations with other buyers (provides a guarantee). The warranty does not cover:

• a) for wear and tear due to normal use of the goods,

• b) to the end of the product's useful life as a result of excessive use beyond the scope of the intended use or purpose of the product, as well as due to inappropriate treatment and use contrary to the specified purpose, and
• c) in the case of used goods, for a defect corresponding to the degree of use or wear and tear the goods had when the buyer took them over.

3.2. If personal collection at the collection point or delivery by the seller is specified as the method of delivery of the goods, the warranty period begins when the risk passes; if the method of delivery of the goods was determined to be sent via a carrier, the warranty period begins to run from the delivery of the goods to the destination.

3.3. The warranty period is set from the moment the complaint is made to the time when the buyer was obliged to take over the goods after the complaint was settled. If the result of the complaint procedure is the replacement of the claimed goods, the warranty period will start running again from the receipt of the new goods. When replacing a defective part, the new warranty period applies only to the replaced part of the sale.

3.4. Article 1 of the Complaints Regulations applies mutatis mutandis to the notification of a defect covered by the warranty and the complaint procedure.

 

In Prague on 8 November 2021