Complaint conditions

I. GENERAL PROVISIONS

The Complaints Procedure is an integral part of the Business Terms and Conditions of the business company Bohemian Coffee House s.r.o., with its registered office at Polní 2832, 407 47 Varnsdorf, identification number: 064 51 578, registered in the commercial register maintained by the Regional Court in Ústí nad Labem, section C, insert 40311 (hereinafter "seller"), and describes the procedure of how to approach a claim for goods purchased from the seller.

The buyer is obliged to familiarize himself with the Complaints Regulations and the General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide the seller with the necessary cooperation necessary for the settlement of the complaint, otherwise the deadlines are adequately extended by the time during which the buyer did not provide the required cooperation.

By concluding the purchase contract and taking over the goods from the seller, the buyer agrees to these Complaints Regulations.

The definitions of the terms contained in these Complaints Rules take precedence over the definitions in the terms and conditions. If these Complaints Regulations do not define the term, it is understood in the sense in which it is defined in the terms and conditions. If it is not defined there either, it is understood in the sense in which it is used by legal regulations.

II. QUALITY GUARANTEE

    As a proof of warranty, the seller issues a proof of purchase (invoice – tax document) with the legally required data required for applying the warranty for each purchased item.

    1. Deadline for exercising rights from defective performance

      The deadline for exercising rights from defective performance begins on the day the buyer takes over the goods, i.e. the day indicated on the purchase document.

      The deadline is:
    • for new (including unpacked) goods, 24 months;
    • for used goods 12 months (used goods means goods that are used or serviced without defects, while the completeness of the packaging does not prevent the full use of the product).`

      In the case of consumer goods, the buyer is entitled to exercise the right against defects within twenty-four (24) months, however, if the goods do not have a use-by date, in which case the period is shortened only to the date indicated on the goods' packaging.

      For the buyer entrepreneur, the deadline for exercising rights from defective performance may be regulated differently, if this is explicitly stated for the given type of goods, the deadline thus stated takes precedence. (if it is intended for business activity, a claim can be made for a defect discovered upon receipt. This does not apply to non-business organizations, e.g. foundations, associations, schools, churches, etc., or if the goods are not used for business activity).

      The period ends on the day which, with a numerical designation, coincides with the day it began and the corresponding number of months later.

      Rights from liability for product defects, for which the quality guarantee applies, will expire if they have not been exercised within the specified time.

      In the case of settlement of a complaint in the form of an exchange of goods, there is no new period, the period starting from the day of acceptance of the goods by the buyer is decisive.
    1. Quality upon receipt

      The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item,
    • the item has the properties agreed upon by the parties and, if there is no agreement, the properties described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them.
    • the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used.
    • the thing is in the corresponding quantity, measure or weight.
    • the matter complies with the requirements of legal regulations.

      If a defect becomes apparent within six months of receipt, it is considered that the item was defective upon receipt by the buyer, unless the seller proves otherwise.

    III. WARRANTY TERMS

    1. Inspection of goods upon receipt

      Upon personal acceptance from the seller, the buyer will check the received goods, their completeness and undamaged packaging.

      When taking over from the carrier, the buyer will properly and carefully check the condition of the shipment (especially the number of packages, intactness of the company tape with the logo, intactness or damage to the packaging).

      Furthermore, on the day of acceptance, the buyer checks the completeness of the goods, especially that the package contains everything it should contain.

      All discrepancies must be reported to the seller when taking over in person on the spot, when taking over from the carrier, mark them in the carrier's handover report or the buyer can refuse to accept the shipment, or it is always possible to report to e-mail hello@bohemiancoffeehouse.cz or via the contact form. In addition, the seller recommends attaching photo documentation of the damage and packaging in the event of taking over from the carrier.

      These agreements do not affect the legal deadline for exercising rights from defective performance. An additional complaint about the incompleteness or external damage of the shipment does not deprive the buyer of the right to complain about the item, but it gives the seller the opportunity to prove that this is not a violation of the purchase contract.
    1. Making a complaint

      Before sending the goods, we recommend that you make sure that the goods are within the legal warranty period, i.e. the period of 24 months from the receipt of the goods, or the shelf life indicated on the packaging, has not passed. The buyer can make a claim in person at the seller's establishment at the address Polní 2832, 407 47 Varnsdorf, or send the claim to the address of this establishment. The shipment must contain the claimed goods. Furthermore, the seller recommends attaching a copy of the proof of purchase or documenting the product warranty in another suitable way, a detailed description of the defect and sufficient contact details of the buyer (especially the return address and phone number). Without the above, it is impossible to identify the origin and defects of the goods.

      Warning - do not send the shipment by cash on delivery. Goods sent on cash on delivery will not be accepted.

      The seller also recommends choosing the desired method of handling the complaint (repair, exchange, credit). The choice made cannot be changed by the buyer without the consent of the seller. However, this does not apply if the buyer requested the repair of an item that turns out to be irreparable or is not repaired in time.

      The seller will issue a written confirmation to the buyer of when the claim was made, what it contains, what method of handling the claim is required, by e-mail immediately after receiving the claim, in the case of a personal claim it is forwarded immediately.

      The buyer is aware that if he does not deliver the claimed goods including all the accessories received, then in the event of the buyer's withdrawal from the contract, the purchase price will be returned to the buyer reduced by the price of the undelivered accessories.
    1. Exclusions

      By violating the protective seal, information sticker or serial number, the buyer risks rejection of the claim, unless the damage occurs during normal use. Seals and serial numbers are an integral part of the goods and do not in any way limit the customer's right to use and handle the goods to the full extent of what the goods are intended for.

      In addition, the warranty does not cover damage caused (in the event that such activity is not a normal activity and is not prohibited in the attached instructions for use):
      1. mechanical damage to the goods,
      2. by electrical overvoltage (visible burnt components or printed circuit boards) with the exception of normal deviations,
      3. using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the seller or manufacturer,
      4. by unprofessional installation, handling, service, or neglecting the care of the goods,
      5. damage caused by excessive loading or use contrary to the conditions specified in the documentation or general principles,
      6. performing an unqualified intervention or changing parameters,
      7. goods that have been modified by the customer (painting, bending, etc.), if a defect has arisen as a result of this modification,
      8. damage by natural elements or force majeure,
      9. using incorrect or defective software,
      10. by the use of incorrect or non-original consumables, nor for possible damages arising as a result, if such use is not usual and has not been excluded in the attached instructions for use.
    These restrictions do not apply if the characteristics of the goods, which are in conflict with the above conditions, have been expressly agreed upon by the buyer and the seller, exchanged or declared by the seller, or can be expected due to the advertising carried out or the usual way of using the goods.
      1. Defect testing

        The goods handed over for a claim will only be tested for the defect indicated by the buyer (in the claim form, in the attached sheet with a description of the defect). To report a defect, the seller recommends a written form, which also includes electronic communication.

        Before carrying out the paid repair, the buyer will be informed about the price of the repair, its scope and the time required to carry it out. A paid repair can only be carried out after the express consent of the buyer, made after being informed according to the previous sentence.

        If the buyer is an entrepreneur and the claim is rejected, the buyer acknowledges that the seller is entitled to invoice the buyer for the costs of diagnosing the defect and shipping.

      2. Refusal to accept a complaint

        The seller has the right to refuse to accept the goods for a claim in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe delivery of the goods for the claim procedure.

      IV. SETTLEMENT OF CLAIMS

      1. Buyer - consumer

        In accordance with the provisions of § 2 paragraph 1, letter a) of Act No. 634/1992 Coll., on consumer protection, as amended, a consumer is a natural person who does not act as part of his business activity or as part of the independent performance of his profession.

        If the buyer is a consumer, the seller decides on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect.

        The seller will deal with the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of the complaint. The period of 30 days can be extended after making a complaint by agreement with the consumer - such an extension must not be indefinite or disproportionately long. After the deadline or of the extended period, it is considered that a defect in the goods actually existed and the consumer has the same rights as if it were a defect that could not be removed.
      1. Buyer - businessman

        If the buyer is an entrepreneur, the seller undertakes to make a decision on the claim within 40 days from the date of the claim. The buyer entrepreneur will be informed of this decision via contact e-mail.

      V. COMMON PROVISIONS

        The seller will issue a written confirmation to the buyer of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the complaint, or justification of the rejection of the complaint. After handling the complaint, the seller will notify the buyer of the termination of the complaint either by phone or by e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after processing.

        After a recognized complaint is settled by repair or replacement, the device warranty is extended for the duration of the complaint. The duration of the complaint is calculated from the day following its application to the day the buyer was informed about the settlement.

        The buyer has the right to reimbursement of purposefully incurred costs associated with the application of a justified complaint. These costs are understood as the least necessary. In particular, this concerns the postage for sending a complaint. These costs do not have to include travel by car to apply for a claim and express transport and other similar things. Reimbursement of costs must be requested without undue delay, but no later than 1 month from the end of the period for exercising rights from defective performance.

        The buyer is obliged to check the received goods and their compliance with the complaint delivery protocol. The buyer will also check the completeness of the goods, especially that the package contains everything it is supposed to contain. Later objections will no longer be taken into account.

        These arrangements do not affect the legal deadline for exercising rights from defective performance.

        The buyer is obliged to take over the complaint without unnecessary delay within 30 days from the day on which he was informed about its handling, this period cannot expire earlier than 60 days from the filing of the complaint.

        If the claim is not accepted by the buyer by the last day of the deadline at the latest, the seller will be charged a storage fee for storing the goods in the amount of CZK 20, including VAT, for each day of delay.

        If the buyer does not pick up the goods from the settled complaint within 6 months from the day he was informed about the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.

        When delivering the goods or paying the credit note in cash after handling the claim, the buyer is obliged to present the document on the basis of which the item was accepted for claim and must prove his identity with a valid identity document (citizen card, passport), for the purpose of preventing damages and avoiding legalization of proceeds from criminal activity. Without presenting any of these documents, the seller can refuse to issue the goods or pay the credit note. If the buyer is a legal entity, then the goods will be delivered or the credit note reimbursed only to the statutory body of the given legal entity or to a person who presents a verified power of attorney.

        VI. CONSUMABLES AND MINIMUM LIFETIME

          If the subject of the purchase is a consumable or if this material is part of the purchased goods, the lifetime will be used instead of the quality guarantee. The service life can be specified in terms of time, the period of the goods or the number of uses, or similarly specified. More than one of these lifetimes may be listed for goods. In order to successfully apply for a claim, it is necessary to comply with all the stated conditions.

          The buyer's right to claim goods within the statutory warranty period is not affected by this. However, the buyer must take into account the above facts, as the warranty does not cover wear and tear caused by normal use of the item and cannot be confused with the lifetime of the product. The life of the goods represents the susceptibility to wear and tear caused by normal use. If you have been using (not owning) the product for longer than its normal lifespan, it is likely that the resulting defect is a result of normal wear and tear, but it is not excluded that it is indeed a warranty defect.

          The seller is obliged to mark the shelf life on the offered goods, otherwise he has no possibility to invoke this shelf life.

          VII. FINAL PROVISIONS

          The buyer's rights arising from the law are not affected by these Complaints Regulations.

          In Varnsdorf, on 11 December 2017