I. General provisions
The claims procedure describes the normal business cooperation between the buyer, who is a consumer, and the seller, who is koupitiphone.cz. The buyer is obliged to familiarize themselves with the Claims Procedure and the General Terms and Conditions before ordering goods. By concluding the purchase contract and taking over the goods from the seller, they agree to the claims procedure set out below. Taking over the goods means the moment of taking over the goods from the carrier or taking over the goods from the seller in the koupitiphone.cz sales warehouse.
As proof of warranty (warranty certificate), the seller issues a purchase document (invoice or sales receipt – hereinafter referred to as the warranty certificate) for each purchased item, containing all necessary details for claiming the warranty as required by law (item name, warranty period, price, quantity, etc.).
II. Rights and obligations arising from defective performance
Quality upon receipt:
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
- the goods have the properties agreed upon by the parties, and in the absence of such agreement, those properties described by the seller or manufacturer or which the buyer expected considering the nature of the goods and based on advertising carried out by them,
- the goods are suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
- the goods are in the appropriate quantity, measure or weight,
- the goods comply with legal requirements.
If a defect appears within six months of receipt of the goods, the goods shall be deemed to have been defective at the time of receipt.
Rights from defective performance:
The buyer is entitled to claim rights from a defect that appears in consumer goods within 24 months of receipt.
If the sold goods, their packaging, the instructions attached to the goods, or advertising, in accordance with other legal regulations, state a period for which the goods can be used, the provisions on quality warranty shall apply.
The aforementioned buyer's entitlement shall not apply:
- for goods sold at a lower price for a defect for which the lower price was agreed;
- to wear and tear of goods caused by their normal use;
- for used goods, to a defect corresponding to the degree of use or wear and tear the goods had at the time of receipt by the consumer;
- if it results from the nature of the goods.
If the goods are defective and this defect is rectifiable, the buyer may claim either repair, or completion of what is missing, or a reasonable discount on the purchase price. If the defect cannot be rectified and the goods cannot be used properly due to this defect, the buyer may either withdraw from the purchase contract or claim a reasonable discount on the purchase price.
Goods are defective if they are not delivered by the seller to the buyer in the agreed quantity, quality, and execution. If quality and execution are not agreed upon, the seller performs in quality and execution suitable for the purpose apparent from the purchase agreement.
If the goods do not have the properties as stated above (in particular, the goods do not have the properties agreed upon by the parties, and in the absence of such agreement, those properties described by the seller or manufacturer or which the buyer expected considering the nature of the goods and based on advertising carried out by them; the goods are not suitable for the purpose stated by the seller for their use or for which goods of this kind are usually used; the goods do not correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template, the goods are not in the appropriate quantity, measure or weight and the goods do not comply with legal requirements), the consumer may also request the delivery of new goods without defects, if this is not disproportionate given the nature of the defect; if the defect concerns only parts of the goods, the consumer may only request the replacement of the part; if this is not possible, they may withdraw from the contract. However, if this is disproportionate given the nature of the item, especially if the defect can be removed without undue delay, the consumer has the right to free removal of the defect.
The buyer also has the right to the delivery of new goods, or the replacement of a part, in the case of a removable defect, if they cannot properly use the item due to repeated occurrence of the defect after repair or due to a greater number of defects. In such a case, the consumer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of its part, or to repair of the goods, they may demand a reasonable discount. The buyer also has the right to a reasonable discount if the seller cannot deliver new goods without defects, replace its part, or repair the goods, as well as if the seller does not remedy the situation within a reasonable time, or if remedying the situation would cause significant difficulties to the buyer.
The buyer is not entitled to rights arising from defective performance if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect themselves.
If the goods have a defect for which the seller is liable and it concerns goods sold at a lower price or used goods, the buyer has the right to a reasonable discount instead of the right to exchange the goods.
Substantial breach of contract:
If defective performance constitutes a substantial breach of contract, the consumer has the right to:
- rectification of the defect by delivery of new goods without defects or missing goods,
- rectification of the defect by repair of the goods,
- a reasonable discount on the purchase price of the goods,
- withdraw from the contract.
Non-substantial breach of contract:
If the defective performance constitutes a non-substantial breach of contract, the buyer has the right to have the defect removed, or a reasonable discount from the purchase price.
Until the buyer exercises the right to a discount on the purchase price or withdraws from the purchase agreement in the event of a non-substantial breach of contract, the seller may deliver what is missing or remove the legal defect. Other defects may be removed by the seller, at their discretion, by repairing the goods or by delivering new goods; the choice must not cause undue costs to the buyer.
If the seller fails to remove the defect in the goods in time or refuses to remove the defect, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the seller's consent.
When the seller delivers new goods to the buyer, the buyer returns the originally delivered goods to the seller at the seller's expense.
Quality Guarantee:
By guaranteeing quality, the seller undertakes that the goods will be suitable for use for their usual purpose or will retain their usual properties for a certain period. These effects also apply to the indication of the warranty period or the period of usability of the goods on the packaging or in advertising. A warranty may also be provided for individual components of the goods.
In the event that the seller provides a quality guarantee for the goods, the length of the warranty period is indicated for the respective product on the website www.koupitiphone.cz.
The warranty period begins upon delivery of the goods to the consumer; if the goods were dispatched according to the contract, it begins upon delivery of the goods to the destination. If the purchased goods are to be put into operation by someone other than the seller, the warranty period begins only on the day the goods are put into operation, provided that the seller ordered the commissioning no later than three weeks from the receipt of the item and duly and timely provided the necessary cooperation for the performance of the service.
The buyer does not have a right under the warranty if the defect was caused by an external event after the risk of damage to the goods passed to the consumer. This does not apply if the seller caused the defect.
III. Conditions for exercising rights from defective performance and rights from quality guarantee (together as "complaint")
Liability for defects and quality guarantee (together with the limitation stated in Article II of the Claims Procedure) further do not apply to damage caused by:
- mechanical damage to the goods,
- electrical overvoltage (visibly burnt components or printed circuits),
- use of goods in conditions that do not correspond to their temperature, dustiness, humidity, chemical and mechanical environmental influences, which are directly specified by the seller or manufacturer,
- unprofessional installation, handling, operation, or neglect of care for the goods,
- excessive loading of goods or use in conflict with the conditions specified in the documentation or general principles,
- unqualified intervention or alteration of parameters,
- goods that have been modified by the customer (coatings, bending, etc.), if the defect arose as a result of this modification.
Liability for defects and quality guarantee do not apply to defects caused by the use of incorrect or defective accessories, incorrect tools, improper work procedures, etc. The seller is not liable for any resulting damages. Furthermore, liability for defects and quality guarantee do not apply to defects caused by improper operation, unprofessional or inappropriate handling, use, and installation that are contrary to the user manual, or damage caused by overvoltage effects in the power grid for electrical appliances.
The buyer shall substantiate their claims from the title of liability for defects or claims from the title of quality guarantee by presenting the purchase document; if the goods have been claimed in the past, they shall also present the claim document. The acquisition document (purchase or claim document) must bear the same serial number as the claimed product (if the product has a serial number).
The place for lodging a complaint is Veverkova 1343/1, Pražské Předměstí, 500 02 Hradec Králové. We recommend that the buyer always send the defective goods for complaint by a shipping service to the seller's address or deliver them in person. The claimed goods should be thoroughly secured to prevent damage during transport; the package should be visibly marked "COMPLAINT" and contain: the claimed goods (including complete accessories), a copy of the purchase document, a detailed description of the defect, and sufficient contact details of the buyer (return address, telephone number). Without the above, it is impossible to identify the origin or defect of the goods.
An incomplete or damaged shipment must be reported immediately by e-mail to zakaznik@iloveservis.cz at the address: Veverkova 1343/1, Pražské Předměstí, 500 02 Hradec Králové, and a damage report must be drawn up with the carrier and sent without undue delay by e-mail or post to the seller. Subsequent claims for incompleteness or external damage to the shipment do not relieve the consumer of the right to claim the item, but they give the seller the opportunity to prove that there is no discrepancy with the purchase agreement.
The buyer is recommended to check the condition of the shipment (number of packages, intactness of the tape with the company logo, damage to the box) immediately upon delivery of the shipment together with the carrier, according to the attached shipping document. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase agreement, for example, if the shipment is incomplete or damaged. If the buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover protocol.
Goods submitted for complaint will only be tested for the defect specified by the buyer (in the complaint form, in the attached sheet with the defect description). We recommend a written form for stating the defect.
IV. Method of handling complaints
In the event of a substantial or non-substantial breach of contract by the seller, the buyer may exercise their rights from liability for defects or from the provided quality guarantee with the seller, in accordance with the provisions of Article II of the Claims Procedure.
The seller will decide on the complaint immediately, in complex cases within five working days. This period does not include the time, appropriate to the type of product or service, required for expert assessment of the defect. The seller will handle the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of filing the complaint. After this period, the consumer has the same rights as if it were a defect that cannot be removed. This period is not binding for a buyer who used an ID number when purchasing, and therefore their relationship with the seller is governed by the Commercial Code.
The seller shall issue the buyer a written confirmation of when the claim was made, what its content is and what method of claim settlement is requested, a confirmation of the date and method of claim settlement including confirmation of the repair and its duration, or a written justification for rejecting the claim.
In the case of a justified complaint, the buyer has the right to reimbursement of costs associated with the complaint (especially postage paid when sending the complained goods). In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of costs for such withdrawal.
If the complaint of goods within the legal warranty period was resolved by exchanging the goods for new ones, the warranty period will start again from the date of resolution of the complaint. If the complaint was resolved by exchange, any subsequent complaint is considered the first complaint of the goods. The duration of the complaint is calculated from the day following the submission of the complaint to the day of its resolution. The customer is informed about the resolution by e-mail, which they provided during the purchase.
After handling the complaint, the seller will notify the buyer of the completion of the complaint either by phone, SMS, or e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after resolution.
In the event of non-collection/non-acceptance of the claimed goods from the carrier within one month from the expiration of the period when the adjustment should have been made, and if it was made later, within one month from notification of its completion (i.e., usually within 60 days from the date of filing the complaint), the seller is entitled to charge a storage fee upon release of the claimed goods.
V. Free service
For products sold with a quality guarantee longer than 24 months, so-called free service is provided after the expiration of the 24-month period. In the event of a product defect after the 24-month period, such product will be accepted for service and will be repaired or replaced with another item of the same or better parameters. If neither of these solutions is possible, a credit note will be issued. The seller undertakes to complete such service within 35 days of receiving the goods.
Prepared in accordance with Civil Code No. 89/2012 Coll. and Act No. 634/1992 Coll., both as amended.