This Complaint Procedure (" Complaint Procedure ") governs the manner and conditions for claiming defects of goods purchased through the GOURMET COFFEE online store from our company:
GourmetKava sro, with its registered office at Za Kapličkou 1246, 547 01 Náchod,
Company ID: 037 24 034,
Tax ID: CZ03724034
registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Entry 34628
Address for delivery: GourmetKava sro, Mánesova 49, 120 00 Praha 2
customer support CZ: +420 725 556 179
customer support SK: +421 948 841 050 (O2)
Contact e-mail: [email protected]
1. What kind of defects do we answer?
1.1. As a seller, we are responsible for providing you with the goods you ordered and that the goods are not defective at delivery . This means that goods taken over in particular:
- Has the features that have been arranged between us, which we describe or that you could expect in terms of the nature of the goods and advertising;
- is in an appropriate quantity, degree or weight;
- complies with legal requirements;
- fits to the purpose that we mention or to which the goods are usually used;
- corresponds to the quality agreed between us or, if appropriate, to the quality established by applicable and effective legislation for the type of goods; and
- it has no legal defects, ie the goods are not owned by a third party and the goods are equipped with documents and documents necessary for proper use of the goods.
We are also responsible for the consumer's liability for these defects not occurring in the warranty period. Except for the statutory warranty period, we do not provide any guarantee of quality.
1.2. The difference in color shades in reality and on electronic imaging devices can not be considered to be defective. If the goods do not fit your imagination, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions.
1.3. If the defect occurs within six months of the receipt, the goods are deemed to have been defective already at takeover.
2. What is the warranty period?
2.1. In the case of unused consumer goods, the warranty period is twenty-four months from the date of receipt of the goods , interfaces, a longer warranty period is set in the documents attached to the goods or in the advertisement.
2.2. If the date of the minimum durability is stated on the goods, or if there is a period of time for which the thing can be used, the warranty period shall be the date of such a date.
3. What rights do you have for faulty performance?
3.1. Your rights to defective performance are governed by the Civil Code, especially § 2099 to 2117, and, if the consumer, also § 2165 to 2174.
3.2. In accordance with the above provisions, you are especially entitled to:
a) Completing what is missing if you deliver goods in a smaller quantity than agreed or we supply incomplete goods, you have the right to supplement what is missing.
b) Discount on the purchase price , if there was a defect in the goods when the goods were received or the defect occurred during the warranty period, you can always demand a reasonable discount from the purchase price.
c) Replacement of goods or faulty parts of goods , replacement of goods or defective parts of goods may be required whenever it is not disproportionate to the nature of the defect (ie, especially when immediate repair of the item is not possible) and if it is not only a minor breach of contract. The right to exchange goods belongs to you if only part (part) of the goods is defective. If we come to the conclusion that only a part of the goods is defective during the complaint process, we will replace this component. You may not require goods to be exchanged for goods used or sold at a lower price. Instead, you can request a discount on the purchase price.
d) Repairing the item, to the extent that it is possible to repair the goods, you have the right to free defect removal. If we show that we are unable to repair the goods during the complaint process, we will immediately inform you and you may choose another way of handling the claim.
e) Refund (withdrawal)
You may request a refund only if:
- delivery of a defective or incomplete thing on our part constitutes a substantial breach of contract; or
- we are not able to remove a defect for which you can not get the goods properly use, or we are not able to replace goods with this defect (eg goods are no longer manufactured); or
- You can not use the goods properly for repeated defects after repair (occurrence of the same defect after its at least two previous repairs); or
- there are a number of defects in the goods (the current occurrence of at least three removable defects, each of which prevents the proper use of the goods); or
- We do not comply with the deadline for handling the complaint / we will not rectify the complaint within 30 days of claiming.
3.3. A condition for the exchange of goods or a refund (withdrawal) is that you return the matter in the state in which you received it . Exceptions include:
(a) there has been a change in status as a result of a search for the detection of a defect;
b) you used the thing before the defect was discovered;
(c) you have not caused the inability to return the matter in the unaltered state by negotiation or omission; or
d) you sold the item before discovering the defect, consumed it, or altered the thing in normal use; if only in part, you will return to us what else you can return and give us compensation up to the amount in which you have benefited from the use of the thing.
4. When can not claim a defective performance?
4.1. You are not entitled to defective performance if:
- you knew about the defect before taking over;
- you have caused a defect yourself; or
- the warranty period has expired.
4.2. The warranty and claims for liability for defects also do not apply to:
- wear and tear of the goods caused by its usual use;
- defects caused by misuse of the goods, non-compliance with instructions, inappropriate maintenance or improper storage;
- defects of the item used, corresponding to the degree of use or wear and tear of the goods at the time you took them over;
- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- if it arises from the nature of the case (in particular goods which by their nature can not withstand the entire duration of the warranty period).
We will not be liable for personal injury or damage to property and goods that will be caused by improper handling or misuse of goods or negligence.
5. How to proceed with complaints?
5.1. Claim your claim without undue delay from the discovery of the defect.
5.2. Complaints are accepted at our premises where acceptance of the claim is possible with regard to the range of goods sold. For the quickest possible settlement of the claim we recommend to use our facility .
If you are interested in repairing the item, and in the confirmation of the duration of the defective performance (warranty certificate) the person to be repaired is mentioned, you are obliged to file a complaint with that person. You have this obligation only if the person is in the same place as we or at our nearest location.
5.3. Suggested Complaint Procedure:
- You can inform us about the complaint in advance, by phone, e-mail or in writing, preferably with the sending of photos of the claimed goods;
- At the same time it is advisable to inform us about the right to choose from the defective performance, ie whether you are in compliance with the Claims Order interested in completing what is missing, a discount on the purchase price, the exchange of goods or its defective parts, refund, or other rights in accordance with these Complaints and Civil Code
- deliver the goods you claim along with a claim or subsequently (other than a cash order we do not collect) to Mánesova 49, Prague 2 (or to the person to be repaired), and we recommend that you pack the goods in a suitable packaging damage or damage or destruction has occurred;
- In order to facilitate the procedure, it is appropriate to attach a goods receipt or a tax document - an invoice, if issued, or another document proving the purchase of the goods , together with a description of the defect and a proposal for a complaint settlement.
Failure to comply with any of the above steps, or failure to submit any of the above documents, shall not prevent the claim from being processed in accordance with the law.
5.4. The moment of claiming is the moment when the occurrence of the defect has been notified and the right of liability for the defects of the item sold has been exercised.
5.5. We decide on the complaint we have received immediately, in complex cases within three business days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. The claim, including the eventual removal of the defect, will be settled without undue delay, no later than 30 days after the date of the claim, unless we agree to a longer period.
5.6. If you choose a right that can not be attributed to you for objective reasons (especially for unavoidable defects or in case of replacement of goods that is not possible), we will immediately contact you. In this case, you may choose another right in accordance with these Claim Rules.
5.7. In the complaint, we will issue a written acknowledgment of when you have the right to claim, what is the content of the claim, and what form of claim settlement you require. Further, after the complaint is processed, we will issue a confirmation of the date and method of settlement including a confirmation of the repair and the duration of the claim, or a written justification for the refusal of the claim.
5.8. In accordance with the Civil Code, you have the right to reimbursement of the expense incurred when claiming goods. Please note that you have to claim the right to reimbursement within one month after the expiration of the time limit for defect.
This Complaint Procedure Code is valid and effective from 13.2.2018