COMPLAINTS PROCEDURE FOR THE SALE AND PURCHASE OF GOODS VIA THE E-SHOP
owned by BEDNAR FMT s.r.o., based in Lohenická 607, Prague 9-Vinoř, 190 17, Company Identification Number: 250 98 781, incorporated in the Commercial Register managed by the Municipal Court in Prague, File No.: C 49530
- The Complaints Procedure has been prepared in compliance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended by later regulations (hereinafter the “CC”) and Act No. 634/1992 Coll., On Consumer Protection, as amended by later regulations (hereinafter “the Act”), and it applies to the goods (hereinafter “the Goods”) that are subject to a complaint arising from the Buyer’s right to claim liability for defects during the warranty period (hereinafter “the Complaint”) from BEDNAR FMT s.r.o. (hereinafter “the Seller”).
- The Complaints Procedure is an integral part of the General Terms of Trade. By concluding a purchase contract, the Buyer agrees with the General Terms of Trade and with this Complaints Procedure, and confirms that the Buyer has read them.
- In the e-shop of the Seller at https://shop.bednar-machinery.com/, the Buyer is either a buyer-consumer in terms of Section 2, Art. 1, Letter a) of Act No. 634/1992 Coll., On Consumer Protection (hereinafter “the Buyer-Consumer”) or a buyer-entrepreneur who acts within their entrepreneurial activity when concluding and fulfilling a contract (hereinafter “the Buyer-Entrepreneur”). The Buyer-Consumer and the Buyer-Entrepreneur are further together referred to as the “Buyers”.
Buyer’s Liabilities upon Goods Acceptance and Rights from Liability for Defects
- The Buyer shall always check the condition of the Goods on acceptance.
- In case of personal acceptance of the Goods from the Seller, the Buyer shall check the received Goods on the premises, especially its completeness and intactness of the packaging. In case of personal acceptance of the Goods by the Buyer, the risk of damage to the Goods transfers onto the Buyer from the Seller at the moment of the acceptance of the Goods. If the Buyer fails to check the Goods on acceptance, the Buyer may only file claims based on defects that can be identified during this check if the Buyer proves that the Goods had the defects (such as missing accessories) at the time of the transfer of the risk of the damage to the Goods.
- On acceptance of the Goods from a carrier, the Buyer is obliged to check the Goods immediately, especially the intactness of the packaging and the quantity/number of pieces according to the carriage document. Apparent damage of the Goods or its packaging during delivery has to be solved immediately with the carrier and recorded in the acceptance report (carriage document). The Buyer is not required to accept such Goods from the carrier and informs the Seller of the identified damage without unreasonable delay.
- The Buyer can file a claim with the Seller in the following way:
- Personally at the place of business, which is Lohenická 607, Prague 9-Vinoř, 190 17
- Send the Goods by post to the Seller’s address at Lohenická 607, Prague 9-Vinoř, 190 17
- If the Buyer sends the Goods under complaint to the Seller by post, the Buyer shall pack the Goods in a suitable and sufficiently protective packaging material corresponding with the demands of transport so that the Goods are not damaged during transport.
- The Buyer shall demonstrably prove that the Goods were purchased in the Seller’s e-shop, ideally with a tax document copy, enclosed to the Goods under complaint.
- The rights arising from the liability for defects of the Goods do not apply to cases when the malfunction or defects was caused by:
- Mechanical damage of the Goods
- Demonstrably unauthorized interference with the Goods
- Demonstrably incorrect use
- Use in conflict with the operating instructions or with the instructions stated on the packaging
- Use in conflict with generally known rules of use
- Demonstrable use under conditions that do not correspond with the temperature, dust, humidity, chemical and mechanical effects of the environment specified by the Manufacturer, or that unambiguously arise from the character of the item
- Demonstrably unprofessional installation and operation
- Common wear and tear of the Goods caused by regular use
- For the Goods sold at a lower price, the rights arising from the liability for defects do not apply to the defect that was the reason for the arrangement of the lower price; for used Goods, they do not apply to a defect corresponding level of use or wear that the Goods had on acceptance by the Buyer
- It is not possible to file a claim in terms of warranty or liability for defects in excess of the law in relation to any gifts that the Seller provides to the Buyer, free of charge, in terms of a purchase contract for other paid goods. In case of withdrawal from the purchase contract for the Goods, the Buyer shall return the gift to the Seller in the original condition.
- Unless a longer period is specified for the individual Goods, the Buyer-Consumer is entitled to exercise the right from the defect that occurs in the consumer Goods as follows:
- 24 months after acceptance for new goods
- 12 months after acceptance for used goods in compliance with Section 2168 of CC
If the defect manifests during 6 months after acceptance, the Goods are considered to have been defective on acceptance.
- Unless stated otherwise for the individual Goods, the Seller provides the following quality warranty to the entity purchasing within their business activity:
- 12 months after acceptance for new goods
- 6 months after acceptance for the used goods
- The warranty period starts when the Buyer accepts the Goods. The warranty period is extended by the time period during which the Goods were being repaired. In case of replacement of the Goods, the original warranty period continues within the warranty repair.
Seller’s Liability and Buyer’s Rights Arising from Faulty Performance
- The Seller is liable for handing over the Goods to the Buyer free from any defects. Specifically, the Seller is liable for the following at the time the Buyer accepts the Goods:
- The Goods have the properties that the Parties have agreed upon and if such provisions are missing, the Goods have such properties that the Seller or the Manufacturer has described or that the Buyer expects with regard to the character of the Goods and the performed advertising
- The Goods are fit for the purpose that the Seller states for its use or that the Goods of this kind are usually used for
- The Goods correspond with the quality or the version of the agreed sample or the template if the quality or the version are determined according to an agreed sample or template
- The Goods are in the corresponding quantity, amount or weight
- The Goods comply with the requirements of the legal regulations
- If the defect is manifested within six months from the acceptance of the Goods by the Buyer-Consumer, the Goods are considered to have been defective on acceptance.
- The Buyer-Consumer is entitled to exercise the right arising from a defect that is manifested in the Goods within the period of 24 months after acceptance. This provision shall not apply to the Goods sold at a lower price with a defect, due to which the Goods were sold for the lower price, to wear of the Goods caused by its regular use, to a defect corresponding to the level of use or wear in used goods that the Goods had at the time of the acceptance by the Buyer, or if it arises from the character of the Goods.
- If the Goods do not have the aforesaid properties, the Buyer may also request a delivery of new Goods, free from defects, unless it is not reasonable in terms of the character of the defect, but if the defect only concerns a part of the Goods, the Buyer may only request replacement of the part; if not possible, the Buyer can withdraw from the contract. However, if it is not reasonable in terms of the character of the defect, especially when the defect can be eliminated without unreasonable delay, the Buyer is entitled to a free elimination of the defect. The Buyer has the right for a delivery of new Goods, or a part replacement also in case of a removable defect if the Buyer cannot use the Goods properly due to a recurring occurrence of the defect after the repair, or due to a large number of defects. In this case, the Buyer is also entitled to withdraw from the contract.
- The Buyer may request a reasonable discount if they choose not to withdraw from the contract or not to exercise their right for a delivery of new Goods free from defects, a part replacement or a repair. The Buyer is entitled to a reasonable discount also in case the Seller cannot deliver new Goods without defect, replace or repair a part, and also in case the Seller fails to provide remedy in a reasonable time, or if the remedy would cause considerable difficulties to the Buyer-Consumer.
- The Buyer is not entitled to exercise the right from defective fulfilment when the Buyer knew of the defect prior to acceptance, of when the Buyer caused the defect.
- The rights and liabilities of the Parties regarding the rights from defective fulfilment are governed by Sections 1914 to 1925, 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and by Act No. 634/1992 Coll., On Consumer Protection.
Filing and Settlement of the Complaint
- The Seller accepts complaints at their place of business, which is at Lohenická 607, Prague 9 -Vinoř, 190 17. The Seller shall provide the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the complaint is and what method of complaint settlement the Buyer demands, as well as a confirmation of the date and method of complaint settlement, including a confirmation of the performance of a repair and its duration, or a written justification of refusal to accept the complaint.
- The Seller or the Seller’s authorized employee make a decision on the complaint immediately, or in three business days in complicated cases. This deadline does not include the time reasonably required for a professional assessment of the defect according to the type of the product or service. The complaint, including removal of a defect, shall be settled without undue delay, no later than 30 days after the complaint was filed, unless the Seller and the Buyer agree on a longer period of time. The 30day limit is not binding towards the Buyer-Entrepreneur. An expiry of this deadline to no effect is considered a substantial breach of the contract and the Buyer-Consumer is then entitled to withdraw from the purchase contract. The complaint is considered to be exercised at the moment when the Buyer expresses their will (to exercise the right from defective fulfilment) to the Seller.
- The Seller informs the Buyer by e-mail of the result of the complaint settlement at an address provided by the Buyer when filing the complaint or stated in the customer account, or in the order, and calls the Buyer to collect the Goods (at the place of business of the Company); or to provide an address where the Goods are to be delivered. If the Goods are to be delivered to the Buyer to a provided address, the Seller will not pay any related costs when the complaint has been assessed as not legitimate.
- In case of a legitimate complaint, the Buyer is entitled to compensation of any purposefully spent costs incurred in relation to filing the complaint. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.
- The Seller is entitled to refuse to accept the Goods for the complaints procedure when the Goods are soiled or when their parts are soiled.
The Complaints Procedure becomes effective on 1 September 2019.