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Complaints Procedure
These Complaints Rules (hereinafter referred to as the "Complaints Rules") govern the manner and conditions of complaints regarding defects in works ordered by the consumer via the web interface www.alunajezdy.cz (hereinafter referred to as the "web interface") from the entrepreneur:
Jan Pospíšil, with registered office at Petřínská 571/16, Prague 5 - Malá Strana, 150 00
ID: 75170612
is not a VAT payer
registered in the trade register kept at the Tanvald Municipal Office
address for delivery: Jan Pospíšil, Jasmínová 459, Slavičín, 763 21
telephone number: +420 720 345 528
contact e-mail: info@alunajezdy.cz
1. What defects in works are we responsible for?
As a contractor, we are responsible for ensuring that the work is free of defects upon acceptance. The work is defective if it does not correspond to the contract. The work conforms to the contract if, upon acceptance, in particular:
has the characteristics that have been agreed between us, that we describe, or that you might expect given the nature of the work and based on the advertisement;
is in adequate quantity, measure or weight;
it is carried out on the agreed date and at the agreed place;
is carried out with due skill and care;
meets the requirements of legal regulations;
is suitable for the purpose we state or for which the purchased work is normally used;
corresponds to the quality that was agreed between us, or to the quality that is established for the given type of works by valid and effective legal regulations.
it has no legal defects, i.e. a third party has no property rights to the work and the work is equipped with documents and documents necessary for the proper use of the works.
We are also responsible to consumers for the fact that these defects do not occur during the warranty period. In addition to the legal warranty period for consumers, we provide a 3-year quality warranty (the total warranty period is therefore 5 years from the acceptance of the work). The provision of a quality guarantee may be subject to the fulfillment of certain conditions, which will always be indicated on the web interface.
Differences in color shades in reality and on electronic display devices and minor differences in the color shade of the delivered material cannot be considered a defect of the work.
2. What is the warranty period for consumers?
For consumers, the warranty period for works is twenty-four months from receipt of the work, unless a longer warranty period is specified on the web interface, in the documents attached to the work or in the advertisement.
In the event that your work was replaced or repaired, for a new work, or replaced components or parts and spare parts, the new warranty period does not run. In this case, however, the warranty period is extended by the time during which you could not use the work due to the defect.
3. What rights do you have from defective performance?
Your rights from defective performance are governed by the Civil Code, in particular §§ 2615 to 2619, § 2099 to 2117 and, if you are a consumer, also § 2165 to 2174.
In accordance with the above provisions, you have the following rights in particular:
· Additional execution of the work
If the work is not performed within the scope of the contract (we deliver incomplete work), we will perform the work additionally.
· Discount on the price per work
If there was a defect in the work when you received it or if the defect occurred during the warranty period, you can always request a reasonable discount from the price of the work.
· Execution of a spare part or a defective part of the work
You cannot request the performance of a replacement work or a defective part of the work if the object of the work cannot be returned or handed back to us due to its nature.
Furthermore, you cannot demand the performance of a replacement part if it is disproportionate to the nature of the defect (e.g. in the case where immediate repair of the part is not possible) and if it is only a minor breach of contract.
· Repair of the work or free correction of the defect
If it is possible to repair the work, you have the right to have the defect removed free of charge. If during the complaint procedure it turns out that we are unable to repair the work, we will inform you immediately and you can choose another method of handling the complaint listed here.
· Refund (cancellation)
You can only request a refund provided that
delivery of defective or incomplete work by us constitutes a material breach of contract; or
we are unable to remedy a defect in the work for which you cannot use the work, or we are unable to replace the defective work; or
you cannot properly use the work due to the repeated occurrence of a defect after repair (occurrence of the same defect after at least two previous repairs or
a greater number of defects occur on the work (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the work) or
in the case of consumers, we do not comply with the deadline for handling the complaint/do not seek redress within 30 days from the application of the complaint.
4. When cannot rights from defective performance be exercised?
You do not have rights from defective performance if:
you knew about the defect before taking over the work;
you caused the defect yourself (e.g. by violating the terms and conditions, our instructions or legal regulations) or
the warranty period has expired.
The warranty and claims from liability for defects do not apply to:
wear and tear of the work caused by its usual use;
works sold at a lower price - only in relation to the defect for which the lower price was negotiated; or
works, if this follows from their nature (especially work which by its nature cannot last for the entire duration of the warranty period).
5. How to proceed with a complaint?
Make a complaint with us without unnecessary delay after discovering the defect.
We accept complaints at our contact address. We do not have an establishment in our headquarters where it would be possible to receive a complaint. We recommend using our contact address to handle your complaint as quickly as possible.
Recommended complaint procedure:
for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing.
at the same time, it is advisable to inform us about which right you have chosen from defective performance, i.e. whether you are interested in additional execution of the work, a discount on the price for the work, execution of a replacement work, repair of the work, refund, or other rights in accordance with this complaints procedure and the Civil Code.
to facilitate the procedure, it is advisable to attach a proof of payment for the work or a tax document - an invoice, if it was issued, or another document proving payment for the work, together with a description of the defect and a proposal for how to resolve the claim.
If you are a consumer, failure to complete any of the above steps or failure to submit any of the above documents does not prevent the positive processing of the complaint according to legal conditions.
The moment of application of the claim is the moment when we were notified of the occurrence of a defect and the right from liability for defects of the work was asserted.
We make a decision on a received complaint immediately, in complex cases within three working days. This period does not include the time appropriate for the type of work, product or service required for a professional assessment of the defect. The complaint, including possible removal of the defect, will be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless we agree on a longer period.
If you choose a right that cannot be granted to you for objective reasons (especially in the case of irreparable defects or in the case of replacement of the work, which is not possible), we will contact you immediately. In such a case, you can choose another right in accordance with this complaint procedure.
In the event of a complaint, we will issue you a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you require. Furthermore (after handling the complaint) we will issue you a confirmation of the date and method of handling the complaint, including any confirmation of the execution of the repair and its duration, or a written justification for the rejection of the complaint.
In accordance with the Civil Code, you have the right to be reimbursed for purposefully incurred costs when claiming a work. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period in which the defect must be pointed out.