1) The Buyer´s rights resulting from defective performance (hereinafter “warranty claims”) must be always asserted in accordance with these Guarantee Guidelines. Issues not regulated by these Guarantee Guidelines will be governed by the Czech legal order. The Seller will make the Buyer familiar with these Guarantee Guidelines in an appropriate way, and will provide the Buyer with the text version thereof upon request of the Buyer. These Guarantee Guidelines comply with Act No. 89/2012 Sb., the Civil Code, and Act No. 634/1992 Sb., the Consumer Protection Act, as amended as at 1 January 2014. The Seller is not liable for defects in the following cases: a) if the defect in the goods is known at the time of the takeover and a discount purchase price has been agreed based on the defect, b) if the goods are second-hand and the defect corresponds to the rate of use or wear at the time of the receipt by the Buyer, c) the defect in the goods results from wear and tear caused by ordinary use or from the character of the goods (e.g. by the lapse of the usable life), d) if the defect has been caused by the Buyer as a result of incorrect use, storage, maintenance, Buyer´s intervention or mechanical damage, e) the defect results from an external event out of the Seller´s control.
Asserting a warranty claim
1) The Buyer is entitled to assert a warranty claim with the Seller using a relevant electronic form. The e-mail address intended for sending warranty claim forms is firstname.lastname@example.org.
2) The Buyer is obliged to prove that he/she has the right to assert the warranty claim, especially to prove the date of purchase by submitting the bill of sale or in any other reliable way.
3) The Buyer is not entitled to assert a warranty claim concerning a defect claimed in the past, if a reasonable discount on the purchase price was provided for the defect.
Time-limit for asserting the rights
1) The Buyer may assert his/her rights from defective performance by the next day after the takeover of the goods. After the lapse of that period of time, he/she may not assert the right from defects with the Seller, unless otherwise agreed by the Contracting Parties or unless the manufacturer gives a special guarantee for the quality beyond its statutory duties.
2) The Buyer asserts its rights from defective performance without undue delay after he/she finds out that the goods are defective. The Seller is not liable for any extension of the damage, if the Buyer continues to use the goods although he/she knows about the defect. The Buyer acknowledges that if the goods are replaced within a warranty claim, it does not mean a new time-limit for asserting the rights from defective performance starts to expire. The time-limit ends on the date of takeover of the new goods replacing the claimed goods.
3) The time-limit for asserting the rights from defects cannot be understood as the definition of the usable life of the goods, which varies according to properties of a product, its maintenance and the correctness and intensity of the use, or agreement between the Buyer and Seller.
Handling a warranty claim
1) The Seller is obliged to decide on a warranty claim within three working days; or within seven working days in complicated cases. This period of time does not include a reasonable period of time required for professional examination of the defect. The Seller is obliged to send an electronic confirmation to the Buyer that the warranty claim has been received, including the proposed way of handling the warranty claim and the way of communicating the Buyer about the result.
2) The warranty claim, including removal of the defect, must be handled without undue delay, not later than within 30 days after the warranty claim has been asserted, unless the Seller and the Buyer have agreed on a longer period of time. Neglect of such time will be deemed a serious breach of the contract.
3) The Seller is obliged to inform the Buyer in writing about the way of handling the warranty claim and the time required for handling the claim. The Buyer is not entitled to change the selected way of handling the claim without the Seller´s consent, except for cases when the selected way of handling the claim cannot be performed at all or in time.
4) The Buyer is obliged to collect the claimed goods within 30 days after the last date when the warranty claim should have been handled; after the lapse of that time-limit, the Seller is entitled to charge a reasonable storage fee or sell the goods by self-help at the account of the Buyer. The Seller must inform the Buyer about these steps in advance, providing him/her with a reasonable additional period of time for the collection of the goods.
Quality at takeover
1) The Seller states it sells the goods to the Buyer in accordance with the provisions of the Civil Code, i.e. that: a) the goods have properties as agreed between the Parties; if no such agreement has been made, the goods have qualities described by the Seller or manufacturer or expected by the Buyer with regard to the character of the goods and based on the promotion made by them, b) the goods are fit for the purpose stated by the Seller or which the goods of this type are usually used for, c) the goods is a thing in the corresponding quantity, size or weight, and d) the goods comply with requirements of legal regulations.
2) If the goods do not meet the aforesaid requirements at the time of their takeover by the Buyer, the Buyer is entitled to be supplied with new goods free from any defects, unless it is inherently unreasonable.
3) If the Buyer does not withdraw from the contract or if he/she does not assert his/her right to be supplied with new goods free from defects, the Buyer may request a reasonable discount on the purchase price. The Buyer has the right to a reasonable discount also in the case that the Seller is unable to supply him/her with new goods free from defects, as well as in the case that the Seller fails to remedy the situation within a reasonable period of time, or if the remedy caused significant inconvenience to the consumer.
Costs of the warranty claim procedure and settlement of disputes
1) If a warranty claim is admitted as justified, the Buyer has the right to the reimbursement of efficient costs connected with the assertion of his/her right.
2) If the Seller rejects a warranty claim as unjustified, the Buyer or, upon agreement with the Seller, both parties may address a certified expert in the field and ask for an independent expert opinion with respect to the defect.
3) If the Buyer and the Seller do not reach an agreement, the Buyer may seek the existing systems of out-of-court settlement of consumer disputes and/or address the court having jurisdiction.
Contractual guarantee for quality
1) If the Seller provided a guarantee for the quality beyond its statutory duties, its application will be governed by these Guarantee Guidelines, unless otherwise stated by the certificate of the Seller´s duties resulting from defective performance (a letter of guarantee) or the contract. Procedure in returning the goods – the goods may be returned within 14 days after delivery (applies to consumers only). This does not apply to delivery of the goods modified upon request of the consumer or for him/her, as well as perishables, goods likely to be worn or obsolete with use. You only need to send the goods in intact and undamaged original packaging, along with the information that, pursuant to Section 1829, you wish to withdraw from sales contract no. (your invoice number). Before sending the goods, however, a written warranty claim must be sent to email@example.com. We will refund the paid amount to your account, so please state your bank account, where we should send the paid amount. Please send the complete goods in a package resistant to damage to: CRAWLER CZ s.r.o., B. Němcové 196, 538 51, Chrast.
Details required for handling a warranty claim: the number of the order that contained the claimed goods; cause of the warranty claim (description of the defect of the goods, etc.); photos of the damaged goods and packaging, which the goods were delivered in, if appropriate. Please send the complete claimed goods (not just the damaged part) in the packaging resistant to damage to CRAWLER CZ s.r.o., B. Němcové 196, 538 51, Chrast.
For more details about the ways of sending the claimed goods to use, go to How to exchange or return goods.
In the warranty claim, please state which solution you prefer. You have three options: Refund (in that case, state your bank account), Replacement (we cannot guarantee replacement of the goods but we will take all efforts to meet your requirements), Discount (if you keep the damaged or malfunctioning goods, we can offer a discount to you). We will inform you as soon as possible, within 3 days after the physical receipt of the claimed goods at the latest. We will inform you about the result by e-mail sent to the e-mail address stated in the warranty claim form. A warranty claim cannot be made by phone! The goods sent to our address without explanation will be sent back immediately.
These Guarantee Guidelines become effective as of 1 April 2020.
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