This complaint procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the “Act”) and applies to consumer Goods (hereinafter referred to as the “Goods”), for which the Buyer''s rights from liability for defects are exercised during the warranty period ( hereinafter referred to as "Complaints").
A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.
Seller is Ing. Roman Škorňák, with its registered office at K Nadjezdu 2, 720 00 Ostrava - Hrabová, Czech Republic, Person identification number / IČO /: 654 75 054, Tax identification number / DIČ /: CZ7106165550, entered in the trade register of the City of Ostrava. Ing. Roman Škorňák is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract. It is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.
The customer of our online store is either the Consumer Buyer or the Buyer who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract.
The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over,
If the item does not have the above-mentioned characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request replacement of the part; if this is not possible, he may withdraw from the contract.
However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge.
The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or if arranging a remedy would cause the consumer considerable difficulties.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
The warranty period begins upon receipt of the Goods by the Customer. The warranty period for the Consumer Buyer is 24 months, but for the Buyer who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract, the warranty period is only 12 months. The warranty period is extended by the time for which the Goods were under warranty repair. In the event of an exchange of the Goods, a new warranty period begins to run.
The seller''s liability for defects does not apply to wear and tear caused by its normal use. The usual use of clothes, shoes and other fashion accessories, for example, is wear or damage to fastening studs, travel and fastening mechanisms (ZIP, buckles, clasps, loops). The seller''s liability for defects does not apply to damage to the mechanisms caused by their incorrect, improper or strong fastening, closing, opening, ie damage by tearing stitches, slipping or tearing material, etc. heels of the sole by incorrect sliding of the shoes, quick drying of the leather shoes at the heating, non-compliance with regular cleaning and lubrication with leather protective equipment, etc. If such a defect was not reported and reported to the seller immediately after the customer took over the order (ie by checking the goods by the customer upon delivery), it is considered that the defect is caused by improper use or. it is the wear and tear of a thing of normal use.
Furthermore, the seller''s liability for defects does not apply to items sold at a lower price for a defect for which a lower price was agreed, for a used item for a defect corresponding to the degree of use or wear that the item had when taken over by the buyer, or if it follows from the nature of the item.
At the request of the consumer, the Seller is obliged to provide the consumer with a written confirmation of the obligations arising from defective performance to the extent stipulated by law (warranty card). If the nature of the thing allows it, it is sufficient to issue the Buyer a proof of purchase containing the data (invoice) instead of the warranty card, which must contain the data as a warranty card. The warranty card must contain the name and surname, name or business name of the Seller, ID number, registered office, if it is a legal entity, or residence, if it is a natural person. If a longer than statutory warranty is provided, the Seller shall specify the conditions and extent of the warranty extension in the warranty certificate.
The consumer is entitled to withdraw from the contract in all cases stipulated by law. Withdrawal is effective against the Seller from the moment when the Buyer''s statement on withdrawal from the contract is delivered to him, if all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they provided on its basis. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer returns the performance provided by the Seller, only to the extent that is objectively possible in the given situation.
In the event that the Buyer exercises his right to demand the removal of defects of the goods by repair and in the warranty card, for the purposes of warranty repairs of the Goods, the designated entrepreneur is different from the Seller, whose registered office or place of business is in the same place as in the case of the Seller or in the place closer to the Buyer. The Buyer shall exercise the right to warranty repair at the entrepreneur specified in the warranty card. This information can be found in the document that replaces the warranty card.
The Buyer is entitled to request warranty repairs at authorized service centers, the list of which is attached to the documentation for the Goods, or the Seller will communicate it at the request of the Buyer.
Complaints, including the elimination of defects, must be settled without undue delay, within 30 days at the latest from the date of the Complaint, unless the Seller and the Buyer agree on a longer period. After the expiration of this period, the Buyer is granted the same rights as if it were a material breach of contract.
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 seller is obliged to request additional documents from the buyer as soon as possible. The deadline is suspended from this date until the delivery of the requested documents by the buyer.
In situations where it is necessary to send the Goods to the Seller or service center, 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.
The service center will ask the buyer to take over the repaired goods after the complaint has been properly settled.
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 documentation.
During any visit to the service technician at 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 the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the Buyer by transfer to a bank account or handed over in cash at the cash desk at the company''s registered office or at one of the establishments.
In the event that a consumer dispute arises between the Seller and the Buyer from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement , the Buyer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes.
Czech Trade Inspection Authority
Central Inspectorate - ADR Department
120 00 Prague 2
The buyer can also use the online dispute resolution platform set up by the European Commission and available at: https://ec.europa.eu/consumers/odr/ .
These complaint rules take effect on 2.5.2022. We reserve the right to make changes to the complaint procedure.