These Complaints Rules (hereinafter referred to as the "Complaints Rules") regulate the method and conditions of complaints about 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 its registered office at U Lávky 238, 468 41, Tanvald - Šumburk nad Desnou
Company ID: 75170612
is not a VAT payer
entered in the trade register kept at the Tanvald Municipal Office
delivery address: Jan Pospíšil, Petřínská 16, 150 00 Prague 5
telephone number: +420 731 329 774
contact e-mail: email@example.com
1. What defects of the works are we responsible for?
As a contractor, we are responsible for ensuring that the work is free from defects. The work is defective if it does not comply with the contract. The work corresponds to the contract if, when taken over, in particular:
has the characteristics that have been agreed between us, which we describe, or which you could expect with regard to the nature of the work and on the basis of advertising;
is in an appropriate quantity, measure or weight;
it is carried out at the agreed time and place;
is performed with due skill and care;
complies with legal requirements;
is suitable for the purpose we state or for which the purchased work is usually used;
corresponds to the quality agreed between us or the quality specified for the given type of works by valid and effective legal regulations.
it has no legal defects, ie a third party does not have property rights to the work and the work is equipped with the documents and papers necessary for the proper use of the works.
We are also responsible to consumers for ensuring that these defects do not occur during the warranty period. In addition to the statutory warranty period for consumers, we provide a quality guarantee of 3 years (the total warranty period is 5 years from receipt of the work). The provision of a quality guarantee may be conditional on the fulfillment of certain conditions, which will always be indicated on the web interface.
The difference in the shades of colors in reality and on the electronic display devices and the slight differences in the shade of the colors of the delivered material cannot be considered as 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 the work has been replaced or repaired, for a new work, resp. replaced parts or components and spare parts, the new warranty period does not run. However, in this case, the warranty period is extended by the time you could not use the work due to a defect.
3. What rights do you have from defective performance?
Your rights from defective performance are governed by the Civil Code, in particular Sections 2615 to 2619, Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.
In accordance with the above provisions, you have in particular the following rights:
- Additional execution of the work
If the work is not performed to the extent specified in the contract (we will deliver an incomplete work), we will perform the work additionally.
- Discount from the price for the work
If a defect existed on the work or a defect occurred during the warranty period, you can always request a reasonable discount on the price of the work.
- Execution of a replacement work or a defective part of the work
You cannot request the performance of a replacement work or a defective part of the work if, due to its nature, the subject of the work cannot be returned or returned to us.
Furthermore, you cannot request the performance of a replacement work if it is disproportionate to the nature of the defect (eg if immediate repair of the work is not possible) and if it is only a minor breach of contract.
- Repair of the work or free correction of the defect
If the work can be repaired, you have the right to rectify the defect free of charge. If it turns out during the complaint procedure 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 (withdrawal from the contract)
You can only request a refund if
the delivery of a defective or incomplete work by us constitutes a material breach of contract; or
we are unable to eliminate a defect in the work for which you cannot use the work, or we are unable to replace the work with that defect; or
you cannot use the work properly for a recurrence of the defect after the repair (the occurrence of the same defect after at least two previous repairs or
a number of defects occur on the work (simultaneous occurrence of at least three remediable defects, each of which prevents the proper use of the work), or
in the case of consumers, we will not comply with the deadline for settling the complaint / we will not arrange a remedy within 30 days of the complaint being lodged.
4. When cannot the rights arising from defective performance be exercised?
You do not have the rights from defective performance if:
you knew about the defect before taking over the work;
you caused the defect yourself (eg by violating the terms and conditions, our instructions or legal regulations) or
the warranty period has expired.
The warranty and liability claims for defects also do not apply to:
wear and tear of the work caused by its normal use;
works sold at a lower price - only in relation to the defect for which the lower price was agreed; or
works, if this follows from their nature (especially a work which, by its nature, cannot last for the entire duration of the warranty period).
5. How to proceed with a complaint?
File a complaint with us without undue delay from the discovery of the defect.
We accept complaints at our contact address. We do not have an establishment in our headquarters in which it would be possible to accept a complaint. We recommend using our contact address to process your complaint as quickly as possible.
Recommended complaint procedure:
you can inform us in advance by phone, e-mail or in writing about faster handling of complaints.
At the same time, it is advisable to inform us about the right from the defective performance, ie whether you are interested in additional performance of the work, discount on the price of the work, execution of the replacement work, repair of the work, refund, or other rights in accordance with these Complaints Rules and the Civil Code.
To facilitate the procedure, it is appropriate to enclose a proof of payment for the work or a tax document - invoice, if issued, or another document proving payment for the work, together with a description of the defect and a proposal for resolving the complaint.
If you are a consumer, failure to comply with any of the above steps or the submission of any of the above documents does not prevent the positive settlement of the complaint according to the legal conditions.
The moment of claim is the moment when we were notified of the occurrence of a defect and the right of liability for defects in the work was exercised.
We decide on the received complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of work, product or service required for a professional assessment of the defect. Complaints, including any elimination of the defect, will be settled without undue delay, no later than 30 days from the date 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 a work that is not possible), we will contact you immediately. In this case, you can choose another right in accordance with these complaint rules.
When making a complaint, we will issue you a written confirmation of when you exercised the right, what the content of the complaint is and what method of handling the complaint you require. Furthermore (after the complaint has been settled) we will issue you a confirmation of the date and method of settling the complaint, including any confirmation of the repair and its duration, or a written justification for rejecting the complaint.
In accordance with the Civil Code, you have the right to reimbursement of reasonable costs incurred in making a claim for the work. Please note that you must claim these costs within one month of the deadline for alleging the defect.
This Complaints Procedure is valid and effective from July 26, 2019
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