1. Basic provisons
The Complaint Regulation concerns all and any necessary obligatory stipulations mentioned in zákon č. 89/2012 Sb., občanský zákoník (Act No. 89/2012 Coll Civil Code) and zákon č. 634/1992 Sb., o ochraně spotřebitele (Act No. 634/1992 Coll. on the protection of consumers) as amended.
The Complaint Regulation is fundamental and rules overall and any contractual duties and rights and obligations set between the customer (hereinafter referred to as the „Customer“) and company VIMIXA a.s. (hereinafter referred to as the „Seller“).
The Complaint Regulation is bounding for the Seller and the Customer since the purchase contract according to the Czech law has been valid.
2. Deffect of the Goods
When the Goods is delivered by transport agency and it shows apparent defect, especially damaged packing, the Customer is entitled to refuse the delivery of the Goods. The Customer has his own right to fill protocol about damaged delivery together with the person form transport agency. In this case the Customer has his own right to due fulfilment of the Seller or to reimburse the price paid upon agreement between the Seller and the Customer
If the Goods was taken over form transport agency, the Customer is obliged to notice the Seller without undue delay immediately after the Customer shall find the defect after acceptance of the Goods. If the Customer would not do acceptance within undue delay, no claim shall be accepted
3. Place of complaint
The complaint shall be applied where the Seller is seated: VIMIXA, a.s., K nádraží 252, 664 59 Telnice, Czech Rep. If the Customer sends goods back to the Seller, customer is obliged to organize careful transport, especially pack goods with due care.
4. Way of complaint
Complain is an unilateral act towards to the Seller by which the Customer specify his claim, defect of the Goods and way of the settlement. This shall be in written via e-mail at firstname.lastname@example.org. Be advised that photo of goods may be helpful for both sides and it helps to faster process. The Goods shall not be posted to the Seller before prior announcement by e-mail.
For complaint there is necessary to attach complaint protocol and proof of bought (invoice e.g.)
Weather the defect fulfilment is defined to as the serious breach of contract, the Customer has right to:
a) to discharge the defect by delivering of new-one
b) to discharge the defect by repair
c) reasonable reduction of purchase price
d) withdraw from the contract.
The Customer instruct the Seller which of rights listed in the letters sub a) to d) had chosen in by sending the notice of his claim or in period without undue delay. The Customer is not entitled to changed his choice without prior acceptance; this shall not be applied if the Customer applies discharge the defect by repair and the defect shows as unserviceable
Weather the defect fulfilment is defined to as the non-serious or non-essential breach of contract, the Customer has right to discharge the defect or reasonable reduction of purchase price
5. Alternative dispute resolution
Weather the Customer, considered as the consumer according to EU Council Directive 85/577/EEC, is not satisfied with the complaint process (e.g. refuse of the claim or insufficient fulfilmet) and this situation seems to be a civil dispute, the consumer shall ask Ceska obchodni inspekce for alternative dispute resolution. Web pages of Ceska obchodni inspekce shall be found on www.coi.cz. To file a ADR suit is necessary to fill a form on http://adr.coi.cz and attach relevant documents, especially report of non-success attempt of solving the claim.
6. Wrongful complaint, extinction of the right
The claim for complaint expires when the goods was damaged by undue handling, unsuitable storage or by force majeure.
Date of entry into force ______
The Czech version of this complaint regulation shall prevail.
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