MILION+ COMPLAINTS PROCEDURE
1.1. The rights of the Buyer from defective performance (hereinafter the “Complaint”) must always be exercised in accordance with this Complaints Procedure. The matters not regulated by this Complaints Procedure are governed by the laws of the Czech Republic. The Seller shall inform the Buyer of this Complaints Procedure in a suitable manner and at the Buyer’s request shall submit them to the Buyer in text form. This Complaints Procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on Consumer Protection, as amended as of 1 January 2014.
1.2. The Seller is not liable for defects in the following cases:
a) if the defect exists at the time of takeover and a reduction of the purchase price is agreed for such defect;
b) if the goods have been already used and the defect corresponds to the level of use or wear and tear of the goods at the moment of their takeover by the Buyer;
c) the defect was caused by wear and tear caused by normal use or if it is due to the nature of the thing (e.g. expiry of its lifetime);
d) if the defect is caused by the Buyer and arisen from improper use, storage, maintenance, Buyer’s intervention or mechanical damage;
e) the defect arose as a result of an external event outside the influence of the Seller.
2. Making a complaint
2.1. The Buyer has the right to make a complaint with the Seller via e-mail: firstname.lastname@example.org
2.2. The Buyer shall prove that he/she has the right to make a complaint by submitting a sales document.
2.3. The Buyer is not entitled to make a complaint for a defect which has been objected in the past if there has been granted a reasonable reduction of the purchase price for such a defect.
3. Period for asserting the rights
3.1. The Buyer shall make a complaint in a guarantee period.
3.2. The Buyer shall make a complaint without undue delay after he/she finds that the goods are defective. The Seller is not liable for increase in the extent of damage if the Buyer uses the goods although he/she knows about the defect. The Buyer acknowledges that in case of replacement of the goods as part of the settlement of the claim there is no new time limit for asserting the rights from defective performance. The time limit shall end on the day of acceptance of new goods as replacement for the claimed goods.
3.3. The time limit for asserting the rights from defects cannot be considered as a period determining the lifetime of the goods; it varies with respect to the properties of the product, maintenance of the product and correctness and intensity of its use or agreement between the Buyer and Seller.
4. Settlement of the complaint
4.1 The Seller is obliged to decide on the complaint immediately, in more complicated cases within 14 working days. This period does not include the time required for expert opinion on the defect. The Seller is obliged to issue a written confirmation to the Buyer stating the date and place of the complaint, the characteristics of the defect claimed, the Buyer’s requested way of settlement of the complaint and the manner in which the Buyer will be informed of this settlement.
4.2. A complaint, including removal of a defect, must be settled without undue delay, no later than 30 days from the date of making a complaint unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract.
4.3. The Seller is obliged to confirm the method of settlement of the complaint and its duration in writing to the Buyer. The Buyer is not entitled to change the method of settlement of the complaint once it has been chosen without the Seller’s consent except if the method of settlement chosen by the Buyer cannot be carried out at all or in a timely manner.
4.4. The Buyer is obliged to take over the claimed goods within 30 days from the date when the complaint should be settled at the latest; after this time the Seller is entitled to charge reasonable storage fee or sell the goods themselves on the Buyer’s account. The Seller must notify the Buyer of this procedure in advance and give him/her a reasonable additional time to take over the goods.
5. Quality upon takeover
5.1. The Seller declares that they will hand over the goods to the Buyer in accordance with the provisions of the Civil Code, i.e.:
a) the thing has the properties agreed by the parties, and in the absence of such an agreement the thing has the properties described by the Seller or producer, or which the Buyer expected with respect to the nature of the goods concerned and the advertising presented by the Seller or producer,
b) the thing is suitable to be used for the purpose stated by the Seller or to which the thing of such kind is usually used,
c) the thing has the quantity, measurement or weight, and
d) the thing meets the requirements laid down by legal regulations.
5.2. If the goods upon takeover lack the above-mentioned requirements, the Buyer has the right to have new defect-free goods delivered unless it is disproportionate to the nature of the matter.
5.3. If the Buyer fails to withdraw from the contract or assert his/her right to have a new defect-free goods delivered, he/she may require a reasonable reduction of the purchase price. The Buyer also has the right to a reasonable price reduction where the Seller cannot supply a new defect-free goods as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
6. Cost of complaints and dispute resolution
6.1. If a complaint is considered justified, the Buyer has the right to reimbursement of reasonably incurred costs associated with the exercise of his/her right.
6.2. If the Seller rejects the complaint as unjustified, the Buyer, or both parties upon agreement with the Seller, may turn to an expert witness and request an independent expert opinion on the defect.
6.3. If the Buyer and the Seller fail to come to agreement, the Buyer may turn to the existing systems of out-of-court settlement of consumer disputes or to a competent court.
7. Contractual quality guarantee
7.1. If the Seller has provided a quality guarantee beyond his/her statutory obligations, its application is governed by this Complaints Procedure unless otherwise provided in the Seller’s obligations arising from defective performance (Guarantee Certificate) or in the contract.
8. Goods return procedure
8. 1. You can return the goods within 14 days of delivery. It is sufficient if you return it in unimpaired and undamaged original packaging together with the information that you are withdrawing from the contract No. (your invoice No.) in accordance with Section 1829. However, before sending the goods it is necessary to send a complaint in writing at: email@example.com.
Data required to handle the complaint:
• The number of an invoice which contained the claimed goods.
• The reason for a complaint (description of the defect of the goods, etc.).
• Photographs of both the damaged goods and the package in which the product was delivered.
This Complaints Procedure is effective from 1 January 2019.