This complaint procedure applies to the sale of goods by CHIRASTAR KDT, s.r.o. ID number: 26140471 with registered office at Vlnitá 425/52, 147 00 Prague 4
(hereinafter referred to as “Seller”)
1.1 The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the item:
1.1.1 the item has the properties that the parties have agreed upon, and if there is no agreement on such properties, then those that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and based on the seller’s and/or manufacturer’s advertising;
1.1.2 the item is suitable for the purpose for which the seller states its use or for which the item of this type is usually used
1.1.3 the thing is in the corresponding amount of measure or weight;
1.1.4 the item complies with the requirements of legal regulations.
1.2 The buyer is obliged to check the received goods, their completeness and undamaged packaging during the personal acceptance from the seller.
1.3 When taking over from the transporter, the buyer is obliged to check the condition of the goods, their completeness and the undamaged packaging according to the waybill.
Method of making a complaint
2.1 The buyer’s rights from defective performance (hereinafter referred to as “complaint”) must be exercised in accordance with these complaint regulations.
2.2 The buyer has the right to file a claim with the seller, at any of his establishments, or at the seller’s headquarters.
2.3 The seller is obliged to ensure the presence of a worker authorized to receive complaints during the entire operating time.
2.4 The buyer has the right to file a claim with the person designated for this purpose in the relevant warranty certificate and/or in the relevant tax document, if the designated person is at the seller’s location or at a location closer to the buyer.
2.5 When making a claim, the buyer is obliged to document the date of purchase of the goods, in particular by presenting the relevant tax document and/or warranty card, or in another plausible way.
2.6 The buyer does not have the right to make a claim for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price of the goods in question has been provided for it.
Deadlines for claiming and handling complaints
3.1 If the seller has provided a quality guarantee beyond the scope of legal obligations (especially the legal deadline), its application is governed by this complaint procedure, unless the warranty certificate or the contract stipulates otherwise.
3.2 The deadline for making a claim begins on the day the buyer takes over the goods, which is stated in the tax document or on the warranty card or other such document.
3.3 The warranty period for consumers is 24 months for new goods.
3.4 The seller provides a guarantee to a buyer who is not a consumer (i.e. for an entrepreneur), if this is explicitly stated for the goods in question.
3.5 In the case of consumer goods, the buyer is entitled to exercise the right against defects only until the date indicated on the packaging of such goods, if this period is shorter than the period specified in paragraph 3.3 of this complaint procedure.
3.6 The buyer is obliged to complain about the goods without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
3.7 If the buyer makes a valid complaint about the goods, the period for complaints does not run for the period during which the goods are being repaired and the buyer cannot use them.
3.8 The seller is obliged to decide on the complaint immediately, in more complex cases within 3 working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer, which will state the date and place of the claim, the characteristics of the alleged defect, the required method of settlement of the claim and the way in which the buyer will be informed about its settlement. The complaint, including the handling of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Missing this deadline is considered a material breach of contract. The seller is obliged to confirm in writing to the buyer the method of settlement of the complaint and its duration. The buyer is not entitled, without the consent of the seller, to change the once chosen method of settlement of the complaint, except for the situation when the chosen method of solution cannot be carried out at all or in time.
3.9 If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs incurred in connection with the application of the complaint.
3.10 If the complaint is resolved by exchanging the goods, a new period for exercising rights from defective performance does not run, but the period of the claimed goods continues.
Exclusions from liability for defects
4.1 The seller is not responsible for defects in the following cases:
4.1.1 if there is a defect in the goods at the time of acceptance and a discount from the purchase price is agreed for such a defect;
4.1.2 is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage to the goods;
4.1.3 the defect in the goods was caused by wear and tear, caused by normal use or if this results from the nature of the item;
4.1.4 if the goods are used and the defect corresponds to the degree of use or wear and tear the goods had at the time of acceptance by the buyer what;
4.1.5 mechanical damage to the goods;
4.1.6 a defect caused by unprofessional installation, handling, service or neglect of the care of the goods;
4.1.7 performing an unqualified intervention or changing parameters;
4.1.8 using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment specified by the seller or manufacturer;
4.1.9 damage due to force majeure.
5.1 In relation to the fulfillment of the obligation according to §14 of Act No. 634/1992 Coll. The seller informs the buyer about the possibility of using the Czech Trade Inspection (www.coi.cz) for possible out-of-court settlement of consumer disputes, which is a notified entity for the out-of-court settlement of consumer disputes listed by the European Commission.
This complaint procedure becomes effective on June 15, 2021