Complaints procedure

1.1. The buyer's rights from defective performance (hereinafter referred to as " complaint ") must always be exercised in accordance with these complaints procedures. Matters not regulated by these complaints procedures are governed by the legal system of the Czech Republic. The seller will inform the buyer of these complaints procedures in an appropriate manner and, at the buyer's request, will provide them with them in text form. These complaints procedures are in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014.

1.2. The Seller is not liable for defects in the following cases:

a) if there is a defect in the item at the time of acceptance and a discount on the purchase price is agreed for such a defect,

b) if the goods are used and the defect corresponds to the degree of use or wear and tear that the goods had when they were taken over by the buyer,

c) the defect arose on the item due to wear and tear caused by normal use, or if this results from the nature of the item (e.g. expiry of its useful life),

d) if it is caused by the buyer and arose from improper use, storage, improper maintenance, intervention by the buyer or mechanical damage,

e) the defect arose as a result of an external event beyond the seller's control.

2. Filing a complaint

2.1. The buyer has the right to file a complaint with the seller via e-mail: eshop@milionplus.cz

2.2. The buyer is obliged to prove that he has the right to make a complaint by presenting a sales receipt.

2.3. The buyer is not entitled to make a complaint about a defect that was already reported in the past if a reasonable discount on the purchase price was provided for it.

3. Deadline for exercising rights

3.1. The buyer must submit his claim within the warranty period.

3.2. The Buyer shall make a complaint without undue delay after discovering 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 despite knowing about the defect. The Buyer acknowledges that in the event of replacement of goods as part of the settlement of the complaint, a new period for exercising rights arising from defective performance does not run. The period shall expire on the date of receipt of the new goods for the goods complained of.

3.3. The period for exercising rights due to defects cannot be considered as determining the service life of the goods, which varies with regard to the characteristics of the product, its maintenance and correctness and intensity of use or the agreement between the buyer and the seller.

4. Complaint handling

4.1. The Seller is obliged to decide on the complaint immediately, in more complex cases within 14 working days. This period 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 complaint, the characteristics of the alleged defect, the method of handling the complaint requested by the Buyer and the method in which the Buyer will be informed about its handling.

4.2. Complaints, including the removal of defects, must be resolved 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. The futile expiration of this period is considered a material breach of contract.

4.3. The seller is obliged to confirm the method of handling the complaint and its duration to the buyer in writing. The buyer is not entitled to change the method of handling the complaint once chosen without the seller's consent, except in situations where the method of resolution chosen by him cannot be implemented 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 on which the claim should have been settled at the latest, after which the seller is entitled to charge a reasonable storage fee or sell the goods on its own behalf on the buyer's account. The seller must notify the buyer of this procedure in advance and provide him with a reasonable additional period to take over the goods.

5. Quality upon acceptance

5.1. The Seller declares that it transfers the goods to the Buyer in accordance with the provisions of the Civil Code, i.e.:

a) the goods have the properties that the buyer and the seller agreed upon, and in the absence of such agreement, the goods have the properties that the seller or manufacturer described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

b) the goods are suitable for the purpose stated by the seller for their use or for which a thing of this type is usually used,

c) the goods are things of the appropriate quantity, measure or weight and

d) the goods comply with the requirements of legal regulations.

5.2. If the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to receive new goods without defects, unless this is unreasonable given the nature of the item.

5.3. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, he may request a reasonable discount on the purchase price. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods without defects, as well as if the seller does not remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties for the consumer.

6. Costs of complaints and dispute resolution

6.1. If the complaint is recognized as justified, the buyer has the right to reimbursement of the reasonably incurred costs associated with the exercise of his right.

6.2. In the event that the seller rejects the complaint as unjustified, the buyer, or both parties, after agreement with the seller, may contact a court expert in the field and request an independent expert assessment of the defect.

6.3. If no agreement is reached between the buyer and the seller, the buyer may turn to existing systems for out-of-court settlement of consumer disputes, or to the competent court.

7. Contractual quality guarantee

7.1. If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints procedures, unless the confirmation of the seller's obligations for defective performance (warranty certificate) or the contract stipulates otherwise.

8. Procedure for returning goods

8. 1. You can return the goods within 14 days from the date of delivery. All you have to do is send them back in their original packaging, intact and undamaged, together with the information that in accordance with Section 1829 you are withdrawing from the purchase contract No. (your invoice number). However, before sending the goods, it is necessary to send a written complaint to eshop@milionplus.cz .

Required information to process a complaint:

  • The invoice number that contained the claimed goods.
  • Reason for complaint (description of the defect in the goods, etc.).
  • Photos of the damaged goods and the package in which the product arrived.

This complaint procedure is effective from January 1, 2019.

TO DOWNLOAD:

Complaint form