Consumer Complaints Procedure

Complaints Procedure - for contractual relations with consumers

1. General provisions

This Complaints Procedure regulates the rights and obligations between the Seller, SHANTI & Co. s.r.o., with registered office at Zábrdovická 801/11, Brno 615 00, ID No.: 25549154, hereinafter referred to as the "Seller", on the one hand, and the Buyers on the other hand.

All legal relations between the Seller and the Buyer shall be governed by the law of the Czech Republic. This Complaints Procedure specifies the rights and obligations for buyers who act in relations with the Seller as consumer buyers (hereinafter referred to as "consumer" or "buyer"), where consumer buyer is defined by § 419 of Act No. 89/2012 Coll., the Civil Code. When dealing with a consumer complaint, the procedure is in accordance with these Complaints Regulations, Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection and related legislation.

Each item purchased from the Seller shall be accompanied by a proof of purchase of the item (product), usually a tax document in the form of an invoice, which shall contain information on the date of sale of the product, which product it is and the price at which the product was sold, together with the Seller's identification data containing the business name, its personal identification number, unless a special legal regulation provides otherwise, as well as the destination and date of delivery. This proof of purchase also serves as the delivery note. Goods of a technical nature are usually accompanied by a guarantee certificate. The guarantee applies to goods purchased from the seller and claimed within the guarantee period.

2. Awareness of and agreement to the Complaints Procedure

The Seller shall make the Buyer aware of this Complaints Procedure in an appropriate manner and shall provide it to the Buyer in text form at the Buyer's request. By taking delivery of the goods, the Buyer confirms his acceptance of this Complaints Procedure.

3. Claims of the consumer

The Seller shall be liable to the Buyer for

a) deliver the goods in the type, composition, quality and quantity ordered
b) deliver the goods undamaged
(c) the goods are free from defects on receipt (liability for quality on receipt)
(d) the goods will be fit for their usual purpose for a specified period of time (quality guarantee)

4. Quality on acceptance (non-conformity with the contract of sale)

The Seller shall be liable to the Buyer for delivering the goods in accordance with the contract and without defects, i.e. in accordance with the provisions of § 2161 of the Civil Code (also defined in more detail in Article 10.2 of the Seller's Terms and Conditions).

If the consumer discovers upon receipt any discrepancy between the ordered and actually delivered goods (in type, quantity, quality, colour), he is obliged to immediately notify the seller of such discrepancy (we recommend within 48 hours).

The buyer has the right to have the goods delivered without defects, i.e. to have the goods delivered in conformity with the concluded purchase contract. If the goods are not delivered even within a reasonable replacement period, the buyer is entitled to withdraw from the contract.

5. Delivery of damaged goods

The Seller delivers the goods undamaged, i.e. at the time of packing the goods are undamaged, i.e. not cracked or deformed or otherwise damaged. If the goods are deformed or cracked or otherwise damaged, this is due to careless handling by the carrier, although the damage may not be apparent on the packaging of the package. The carrier is insured against such damage.

The buyer is obliged to inspect the shipment if it is not visibly damaged or defaced. The buyer is entitled to refuse to accept goods from the carrier which are obviously damaged or the packaging is obviously damaged in a significant way, which gives rise to a reasonable presumption that the goods inside are damaged (even if the packaging shows that it has been exposed to weather or water).  The reasons for refusal to accept the goods must be recorded with the postal or courier service

If the buyer discovers that the goods are damaged (cracked, deformed or otherwise destroyed) or that the package is visibly damaged, he is obliged to claim this defect within 48 hours from the carrier according to the conditions specified by the carrier and inform the seller about this.

If the Buyer accepts the goods despite the damaged packaging, the Seller shall not be liable for any defects in the goods resulting from a breach of the transport packaging.

The buyer has the right to have new goods delivered without defects, unless this is unreasonable due 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, as well as if the seller fails to remedy the defect within a reasonable time or if the remedy would cause significant difficulties for the consumer.

If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective on receipt.

6. Liability for quality on acceptance

The seller shall be liable that the goods are free from defects on receipt. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.

7. Quality guarantee

The seller is liable that the goods will be fit for their usual purpose or retain their usual characteristics for a period of 24 months from the date of purchase.

8. Procedure for claiming a defect and settling a complaint

The Buyer shall claim the responsibility for quality upon receipt and the guarantee for quality at the Seller's premises in person or by delivering the goods to the address of the Seller's premises or the premises from which the goods were dispatched. Before doing so, the Buyer may inform the Seller of the defect electronically, preferably by e-mail to info@shanti.cz. In such a case, it is desirable to provide photographs of the claimed product with details of the defect. In the complaint, the buyer shall state what defect is present in the goods or how it manifests itself and what right he has chosen from the defective performance. The buyer is not entitled to change the method of settlement of the claim once chosen without the seller's consent, except in situations where the chosen method of settlement cannot be implemented at all or in time. In the event of a material breach of contract, the buyer may choose from the right to delivery of a new item, repair, a reasonable discount or withdrawal from the contract.  The buyer shall have 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 because of the recurrence of the defect after repair or because of a large number of defects. The buyer is not entitled to claim for a defect that has been complained of in the past, provided that a reasonable discount on the purchase price has been granted.

When claiming a defect in a product, the seller is entitled to require the consumer to prove that the buyer purchased the goods from the seller, for example by presenting the proof of purchase of the goods or the warranty certificate, if issued with the goods, or in any other way. The customer is obliged to present the goods claimed cleaned and free of all impurities. The Seller shall be entitled to refuse to accept for claim any goods which do not comply with the above principles.

The Seller shall not be liable for defects if:

- there is a defect in the goods at the time of acceptance and a discount on the purchase price has been agreed for such defect,
- wear and tear caused by normal use, or where the defect has been caused by the Buyer through improper use, storage, maintenance, Buyer intervention or mechanical damage,
- if this is apparent from the nature of the item (normal life of the item, etc.),
- in the case of second-hand goods, for defects corresponding to the degree of wear and tear the item had when it was taken over.

In accordance with the provisions of § 19 of the Consumer Protection Act, the Seller shall decide on the claim immediately (when sending the goods back to the Seller's address without undue delay after receiving the goods together with the claim), in more complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect. The Seller shall issue a written confirmation to the Buyer stating the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Buyer and the manner in which the Buyer will be informed of its handling. If the claim is not made in person and the goods are sent to the Seller, the Seller shall send such confirmation to the Buyer electronically upon request.

The claim, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract.

The Seller is obliged to confirm to the Buyer in writing the method of handling the claim and the duration of the claim (the Seller shall provide the Buyer with a claim report) or to inform the Buyer in writing of the reasons for rejecting the claim.

9. Time limit for exercising rights arising from defective performance

The Buyer is entitled to exercise the right to claim for a defect that occurs within 24 months of acceptance. In the case of second-hand goods, this period may be reduced to 12 months, such reduction being indicated in the sales document. After the expiry of the time limit, the right to claim defects from the seller cannot be exercised unless the parties have agreed otherwise or the goods have been guaranteed beyond the time limit.

The buyer shall exercise his rights under the defective performance without undue delay after he discovers 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 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 Buyer acknowledges that if the goods are replaced as part of the settlement of the claim, no new time limit for exercising the rights of defective performance shall run. The time limit will expire 24 months after receipt after purchase of the claimed goods.

The time limit 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

10. Costs of the claim, final provisions

If the claim is found to be justified, the buyer is entitled to reimbursement of the costs reasonably incurred in exercising his right.

If the seller rejects the claim as unjustified, the buyer, or, in agreement with the seller, both parties, may contact a forensic expert in the field and request an independent expert assessment of the defect.
 

This Complaint Procedure comes into force on 1.1.2014.