Claims procedure purposefully clarifies buyer's procedure (hereinafter called also "customer" or "buyer") and CLINITEX s.r.o. (hereinafter called also "seller" or "operator") in the case, that despite all seller's efforts on keeping high quality of the offered goods, on buyer's side a legitimate reason arises for exercise of rights and liability for the defective goods.
Claims procedure is used to ensure correct procedure for making and handling claims for defects of consumer goods. It has been worked out pursuant to the Act no. 89/2012 Coll. of the Civic Law in current version and Consumer Protection Act no. 634/1992 Coll. in current version.
I. BUYER'S RIGHT TO CLAIM DEFECTIVE GOODS
If there is a defect on purchased goods, the buyer is entitled to claim such a defect. The goods with a defect within warranty period cannot be replaced if the defect was caused due to wear or improper use, eventually improper interference. If the buyer exercises his right of liability for the defect (hereinafter only "claim"), authorized employee of the seller is obliged to make decision on legitimacy of the claim at once, or, in more complex cases within 3 working days. This period does not include period necessary for professional assessment of the defect. In the headquarters of the seller there must be present an employee authorized to settle the claim throughout the opening hours. The claim including defect removal has to be settled:
- Without necessary delay, within thirty days from lodging a claim
- Or within longer period which seller and buyer may agree upon.
If the period for the claim settling has expired, the buyer has the same rights as if it was acknowledged that the defect cannot be removed. Shop manager or person authorized by him/her accepts a claim, if the goods is properly cleaned and evaluation of the claim is not in conflict with general hygiene principles.
II. PLACE OF LODGING A CLAIM
The buyer may lodge a claim in the headquarters of the seller, or by sending the goods by mail to the headquarters of the seller.
The buyer is obliged to prove that the claim is legitimate for settling, i.e. except for complaining of defective goods, he/she presents place of buying, price of the goods, and time of buying the goods; the best way is to prove it by sales receipt or any other credible way.
III. DEADLINE FOR LODGING A CLAIM
The seller is responsible for defects that may occur within warranty period (starting on the date when buyer takes over the goods). The deadline for lodging a complaint is within 24 months from taking the goods in a shop. In case of warranty exceeding 24 months, the seller is obliged to issue warranty certificate specifying scope of warranty period at the time of the sale to the buyer. The right for claiming the goods expires, if not lodged within warranty period. The buyer has to lodge a claim without necessary delay immediately after finding such defect. Warranty period should not be mistaken for "service life" or "lifetime" of the goods", i.e. period, for which the goods should keep its functionality if properly used and cared for, due to its characteristics, purpose and intensity of its use. If the claim is settled by replacement of defective goods for the new ones, period for lodging a complaint starts from the time of taking such new goods over by the buyer.
IV. REMOVABLE DEFECTS
Removable defects are those that can be removed without the goods’ appearance, function and quality suffering and the repair can be properly done within the specified period. Such period for removal of defect may not exceed 30 calendar days, or longer period of time, if agreed both by the seller and the buyer.
Decision, whether the defect is removable or non-removable, shall be made solely by the seller. If the case may be and the buyer finds removable defect on the goods that has not been used, he/she may require replacement of such goods for new ones, free of defects, instead of defect removal. If the case may be and removable defect on used goods is found, the buyer is entitled to require proper and timely defect removal free of charge while the seller is obliged to remove such defect without any necessary delay. Period from claim lodging to taking over the goods by the buyer (while the buyer is obliged to take over the repaired goods) is not counted to warranty period. The seller is obliged to issue confirmation (claim sheet) to the buyer with information when the claim was lodged, as well as about the repair and its duration.
V. NON-REMOVABLE DEFECTS
Non-removable defects are those that cannot be removed completely within the specified period and that oppose proper use of the product. In case of non-removable defect, the buyer can require:
- Replacement of such goods for non-defective goods, Cancel the purchase contract (the buyer returns goods with defects and in return receives purchase price back).
If the goods has other non-removable defect that does not prevent its use, the buyer is entitled for reasonable discount on price of the goods. The buyer has the same rights as in the case of non-removable defects, if the same removable defect occurs after two previous repairs, or if there are at least three removable defects on the goods at the same time.
VI. GOODS SOLD WITH DISCOUNTS
Products with defects (such as new defective products or used products) that do not prevent their use for determined purpose, have to be sold for discount prices only. It is necessary to inform the buyer about the defect on the product, what kind of defect it is, if it is not obvious from the nature of the sale. For defective or used products sold for discounted prices, the seller takes no liability.
If a hidden defect on goods sold for discount price occurs, and it prevents its use for the purposes it was determined for, the buyer is entitled to claim such product in accordance with Articles IV. and V. of the Complaints Procedure. If other non-removable defect occurs on the product sold for a discount that does not prevent its use for determined purpose, the buyer is entitled for reasonable discount on the price. However, if the price of such goods was reduced due to sales or seasonal sales and the goods was new and free of defects, the seller is liable for any defects of the goods sold this way in its entirety.
VII. THE SETTLEMENT OF DISPUTES
Disputes arisen within complaint procedures are settled by competent court.
VIII. FINAL PROVISIONS
This claim procedure comes into force on 15. 6. 2015 and it is valid until new claim procedure is issued.