Claims conditions

CLAIMS PROCEDURE

of the business corporation
DOMFIDA, s.r.o.
with its registered office at Bruselská 442/1, Praha 2 - Vinohrady, 120 00
Company ID number: 07745265
Tax ID number: CZ07745265
registered in the Commercial Register maintained by the Municipal Court in Prague, file reference C 306840
for the sale of Goods via the online store located at the website www.domacipotreby.cz

1. INTRODUCTORY PROVISIONS

1.1. This Claims Procedure is governed by the applicable provisions of the Civil Code, Act No. 89/2012 Coll., as amended, and further defines and specifies the Seller’s rights and obligations, which is DOMFIDA, s.r.o, with its registered office at Bruselská 442/1, Praha 2 - Vinohrady, 120 00, Company ID No. 07745265, with its business premises at Bělehradská 74, Praha 2 - Vinohrady, 120 00 (hereinafter also referred to as the "Seller") and the Buyer (hereinafter also referred to as the "Customer").

1.2. The Claims Procedure applies to Goods for which the Buyer's rights under liability for defects or rights under the quality warranty are exercised.

2. GOODS ACCEPTANCE

2.1. The Buyer is obliged to immediately inspect the consignment upon receipt in the presence of the carrier's employee.

2.2. If obvious defects and damage to the consignment’s packaging are detected, the Seller recommends the Buyer to draft a damage record with the carrier. The Buyer is entitled not to accept the consignment in this case.

3. CONDITIONS FOR THE QUALITY WARRANTY

3.1. If the manufacturer specifies a warranty period or a shelf life for any of its products, the Seller respects this period, and this is a quality warranty. In such a case, the Seller reserves the right to determine the terms and scope of the extended warranty in accordance with Article 4.2 of this Claims Procedure.

3.2. The warranty period shall be extended by the period during which the Goods have been under warranty repair. In case of replacement of the Goods, the warranty period of the original Goods shall continue.

4. CLAIM SETTLEMENT

4.1. In case of defects in the Goods to which the Seller's liability for defects applies, the Goods shall be claimed at the Seller's premises at: Domácí potřeby KUDRNÁČ, Bělehradská 74, Praha 2 - Vinohrady, 120 00, by email or any other provable means. By filing a claim directly at an authorised service centre, the Customer may speed-up the claim process, the right to assert the claim at the Seller is always retained.

4.2. In case of defects that occur within the manufacturer’s warranty period for quality warranty, the Goods may also be claimed at the Seller. In such a case, the Seller is entitled to demand the payment of the necessary costs incurred in settling the claim from the Buyer.

4.3. Claims according to Articles 4.1 and 4.2 of this Claims Procedure can also be made directly at authorised service centres. A list of authorised repairers is usually attached to the manual or included in the warranty card. The Seller will also provide a list of authorised repairers on request.

4.4. The Buyer shall prove the origin of the Goods during warranty repair by presenting the proof of purchase and, if applicable, the warranty certificate.

4.5. The claim, including the defect’s removal, must be settled without delay, at the latest within 30 days from the claim date, unless the Seller and the Buyer agree on a longer period. The Buyer must also be informed of the settlement of the claim within this period. After the expiry of this period, the Buyer has the right to withdraw from the Purchase Contract or to demand a reasonable discount on the purchase price.

4.6. In the event that the Goods need to be sent to the Seller or a service centre, the Buyer shall deliver the defective Goods at their own expense and risk to the address of the Seller's authorised service or business premises. The Buyer shall, in their own interest, ensure that the Goods are packed in suitable and sufficiently protective packaging material meeting the requirements of the transport of fragile Goods, adequately insured, and label the consignment with the appropriate symbols. Unless the Seller specifies a different method for sending the defective Goods to the Buyer the Goods must be sent in their complete form, including manuals, cables and all other accessories.

4.7. When filing a claim, the Buyer is recommended to provide the order number (if granted by the Operator), the most concise description of the defects and their manifestations and to provide proof of ownership of the Goods (proof of purchase or warranty certificate).

4.8. Goods damaged during transportation due to insufficient and inadequate packaging will no longer be entitled to claim the warranty.

4.9. The Seller shall send the Buyer a confirmation of when the claim was filed, its content, what method of settling the claim is required and the confirmation shall also include the Buyer's contact details to which the result of the claim shall be notified. After the claim has been settled, the Seller shall issue a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.

4.10. Having duly settled the claim, the Seller shall:
4.10.1. request the Buyer to collect the non-defective (repaired) Goods at the Seller's shop if the Buyer has claimed the defective Goods directly at the Seller's business premises,
4.10.2. send the Buyer the non-defective (repaired) Goods to the address which the Buyer gave to the Seller at the commencement of the claim procedure as the address for delivery of the non-defective (repaired) Goods, if the claim procedure was commenced by correspondence.

4.11. If the Goods are defective, i.e. if they do not comply with Article 7.2 of the Terms and Conditions, the Buyer has the following rights:
4.11.1. to delivery of new Goods without defect;
4.11.2. to remedy the defect by repairing the Goods;
the Buyer may choose such method as is reasonable in the particular case. The Buyer shall not have the right to request a method of resolving the defect which is impossible or disproportionately expensive compared to the other method. In the event of such a choice, the Seller has the right to refuse to remedy the defect or to choose the second method of remedying the defect.

4.12. In the event that:
4.12.1. the Seller refuses to remedy the defect or fails to remedy it within a reasonable time after the defect has been claimed;
4.12.2. the defect appears repeatedly;
4.12.3. the defect is a material breach of the Purchase Contract;
4.12.4. the Seller declares that the defect will not be remedied within a reasonable time or without substantial inconvenience to the Buyer;
the Buyer has the following rights:
4.12.5. the right to a reasonable discount on the price of the goods;
4.12.6. the right to withdraw from the Purchase Contract.

4.13. The Buyer may not withdraw from the Purchase Contract or demand delivery of a new item if he/she cannot return the Goods in the condition in which he/she received them. However, this does not apply in the following cases:
4.13.1. if the condition of the Goods has changed as a result of an inspection to detect a defect;
4.13.2. if the Goods were used before the defect was discovered;
4.13.3. if the impossibility of returning the Goods in their unaltered condition was not caused by the Buyer's act or omission;
4.13.4. if, before the discovery of the defect, the Goods were sold, consumed or altered by the Buyer in the normal course of use; however, if this occurred only partially, the Buyer is obliged to return the part of the Goods that can be returned, in which case he/she will not be refunded the part of the price corresponding to the benefit from the use of part of the Goods.

4.14. If the claim for Goods was unjustified, for example, where the defect was caused by misuse or mishandling, etc., the service centre will charge the Buyer the cost of finding the defect together with the cost of transporting the Goods to settle the claim (if this transport was provided by the Seller), as well as sending the Goods back to the Customer. The Buyer is obliged to pay these costs within a specified period, but no later than fourteen days upon the end of the claims' procedure.

4.15. The warranty period for all people using the Goods for business purposes shall be determined by agreement with the Buyer-entrepreneur or by the warranty certificate. If there is no agreement with the Buyer-entrepreneur, the warranty period is set at 6 months.

4.16. If all of the above conditions for the return of Goods are met, the non-defective Goods will be returned to the address given by the Buyer or issued personally at the business premises or money for the defective Goods will be sent to the Buyer by bank transfer or postal order to the address not later than 30 days after the commencement of the claims' procedure.

4.17. The person who has a right from defective performance is also entitled to compensation for the costs reasonably incurred in exercising this right. However, if the Buyer fails to exercise the right to compensation within one month after the expiry of the period within which the defect must be claimed, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.

5. QUALITY WARRANTY SCOPE

5.1. The quality warranty will expire in the following cases:
5.1.1. failure to comply with the conditions for professional assembly or installation, or if it has been carried out by a company that is not authorised for this activity;
5.1.2. a breach of protective seals and stickers, if any, on the Goods;
5.1.3. use of the Goods in conditions that do not correspond to parameters specified in the Goods documentation;
5.1.4. tampering with or falsifying the warranty certificate and proof of purchase.

5.2. The warranty does not cover:
5.2.1. defects or damage caused by natural disaster, weather conditions, mechanical damage, electrostatic charge;
5.2.2. defects or damage caused by improper operation, failure to comply with the operating instructions and inadequate maintenance;
5.2.3. damages caused by wiring not complying with the applicable ČSN (Czechoslovak State Standards);
5.2.4. wear and tear caused by usual use.

6. FINAL PROVISIONS

6.1. The warranty conditions in this warranty policy are valid for all business cases.

This Claims Procedure shall come into force on July 18, 2023.