COMPLAINTS PROCEDURE for customers of ALAX
The Complaints Procedure specifies the procedure of the Customer and Alax s.r.o., (hereinafter referred to as the ‘Seller’) in the event that, despite all efforts made by the Seller to maintain the highest quality of the goods and services offered, a legitimate reason for a claim has arisen on the part of the customer. This complaints procedure is valid from 20th March 2017.
Seller: ALAX spol. s r.o.
Company headquarters (billing address): 252 07 Štěchovice 325
The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 15819.
The seller is a VAT payer.
IČO: 47534478, DIČ: CZ47534478
Current account, maintained in CZK (payments in CZK):
acount number 1928523399/0800, Česká spořitelna a.s.
IBAN: CZ42 0800 0000 0019 2852 3399
Current account, maintained in Euro (payments in EUR):
acount number 1026800/2060, Citfin
IBAN: CZ56 2060 0000 0000 0102 6800
Shop and showroom:
Urxova 2, 186 00 Praha 8 – Karlín (street corner Urxova a Lyčkova náměstí)
Phone: 224 829 163, 257 324 696
Email: email@example.com, firstname.lastname@example.org
U Továren 1282/31, 102 00 Praha 15 - Hostivař,
Phone: 602 454 602, 721 658 298
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code.
The Seller strongly recommends that the Buyer study the warranty conditions, including the Czech operating instructions, before the first use and then strictly follow this information. Otherwise, the Buyer is exposed to the risk that his incorrect use will damage the item and he will not be able to claim the defect within the scope of his right arising from liability for the defect.
The seller is responsible for ensuring that the product sold is free from defects upon receipt. This means that the product has the quality and useful properties required by the contract, described by the Seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and useful properties usual for a thing of such a kind that it meets the legal requirements. corresponding to the quantity, measure or weight and corresponds to the purpose which the seller states for the use of the thing or for which the thing is usually used.
If the sold product shows defects or does not have the properties mentioned in the previous paragraph, the Buyer has the right to free proper and timely removal of the defect, the right to deliver a new item without defects or new components and, if this is not possible, the right to a reasonable discount or to withdraw from the purchase agreement, as agreed by the parties.
The right of defective performance does not belong to the Buyer if he knew before taking over the thing that the thing has a defect or he caused the defect himself.
The buyer is entitled to exercise the right of defect within 24 months of delivery and receipt of goods, with the exception of items specifically mentioned in the offer. After the expiration of the 24-month warranty period, the seller's liability for defects in the goods that were not claimed by the buyer from the seller expires. In the case of a warranty repair, the warranty on the goods is extended by the time during which, as a result of its implementation, the customer was unable to use the goods properly. The seller can provide a longer warranty period for the product, its length is then marked on the invoice, or in the warranty, respectively in the delivery note.
The buyer will inspect the goods as soon as possible after receipt in accordance with § 2104 of the Civil Code (no later than 24 hours after receipt) and make sure of its properties and quantity.
In the case of a consignment delivered via postal services or an external carrier, the Buyer must immediately after receiving the goods check the correctness of the delivered items, their completeness and any visible damage caused by transport. Detected defects must be marked on the delivery note and confirmed by the carrier, otherwise they will not be recognized. Other defects found after unpacking the goods, the Buyer must immediately notify the Seller in writing.
The warranty does not cover normal wear and tear of the goods (or its parts) caused by use. In such a case, the shorter service life of the product cannot be considered a defect and cannot be claimed as such. At the request of the Consumer, the Seller is obliged to provide a guarantee in writing (warranty card / confirmation). This can be replaced by a proof of purchase if it contains the seller's business name, ID number and registered office.
For buyers who use the goods for the purpose of business or trade with the product, the warranty period is determined by the specific importer of the goods to the Czech Republic. The above-mentioned warranty period of 24 months is intended only for Consumers, not for Entrepreneurs. The entrepreneur will be notified of the time for exercising the rights from defects within the framework of the contract negotiation (for an explanation of the terms, see the ALAX Terms and Conditions).
The warranty must always be claimed from the Seller in writing by post or e-mail and clearly specify to which goods it relates (indication of the invoice / delivery note number, product code, description of the defect, photo). The warranty covers defects caused to the structure, mechanics and materials used and does not cover defects caused in particular by:
i) using the product in a manner for which it was not intended, manufactured and tested
ii) normal wear and tear ("aging")
iii) improper manipulation, fall, impact deformation
iv) unauthorized interference with the structure or mechanics, repairs carried out by untrained personnel
v) non-compliance with the "Instructions for Use", if any
vi) the reason for the complaint is also not small discrepancies in dimensions and color shades caused mainly by the natural character of the materials used.
The methods of complaint differ depending on whether the defect is remediable or irremediable. Remediable defect is solved in one of the above ways - repair, delivery of a new item or defective part without defects (only for unused goods), respectively. discount from the purchase price. In the case of irremediable defects, solutions are possible - delivery of a new item without defects, a reasonable discount from the purchase price, resp. The buyer can exercise his right to withdraw from the contract.
The Seller shall propose a solution for a claim for a repairable defect no later than within five (5) working days, either by repairing the goods on site, repairs at the manufacturer, by exchanging the goods or by providing an additional discount. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. In the case of repairs at the manufacturer abroad, the deadline for elimination of the defect is determined by agreement of both parties.
Complaints, including defects, will be settled without undue delay, no later than thirty (30) calendar days from the date of the complaint, unless the parties agree otherwise. The period for settling complaints is suspended if the Seller has not received all the documents necessary for settling the complaint (parts of goods, other documents, etc.). The deadline is suspended until the delivery of the requested documents by the buyer.
In the event of a rejected complaint, the Seller shall issue a written justification for this rejection. Until proof of liability for the defect on the part of the Buyer, it is considered that the Seller is responsible for the defect, who is obliged to eliminate the defect. In the event that the Seller proves that it is not responsible for the defect, the Buyer undertakes to reimburse the Seller for the eligible costs associated with its removal plus a surcharge of 20%.
In situations where the claimed goods need to be sent to the Seller, the Buyer in its own interest keeps the goods packed in a suitable and sufficiently protective packaging material meeting the requirements of transport of fragile goods, including all accessories and marks the shipment with appropriate symbols.
After the proper settlement of the complaint, the Seller will invite the Buyer to take over the repaired goods.
The right to claim the warranty expires in case of unprofessional assembly or unprofessional commissioning of the goods, as well as in case of unprofessional handling, ie especially when using the goods in conditions that do not correspond to the parameters specified in the product documentation. Furthermore, the warranty cannot be applied to damage and defects to goods for which the buyer was explicitly notified before the purchase and for which a lower price of damage due to force majeure may have been agreed.
At any visit of the service technician to the Buyer, it is necessary to prepare a report on the detected defects and the form of their elimination. Without such a protocol, a service technician's visit is not taken into account.
In accordance with the provisions of § 1820 par. j) of the Civil Code, the Buyer is entitled to contact his competent complaint, which has not been resolved to the satisfaction of the Seller's complaints staff, to the relevant Czech court or the Czech Trade Inspection Authority, or to the locally competent trade office according to the Seller's registered office.
In Štěchovice, on 20.3.2017