The currently valid Complaints Regulations
trading company Netsektor s.r.o., with registered office at Krymská 56/39, Vršovice, 101 00 Prague 10, IČ 241 78 870, DIČ CZ24178870, registered in the commercial register maintained by the Municipal Court in Prague, section C, file 186004 (hereinafter also only " Netsektor" or "Seller").
I. General Provisions
- The complaints procedure was prepared according to the provisions of Act no. 89/2012 Coll., the Civil Code (hereinafter referred to as "NOZ") and Act No. 634/1992 Coll., on consumer protection as amended (hereinafter referred to as "Act") and applies to consumer goods (hereinafter referred to as "Goods"), for which during the warranty period, the buyer's rights from liability for defects (hereafter referred to as "complaint") are applied.
- The complaints procedure is an integral part of the General Terms and Conditions. By concluding the purchase contract, the Buyer expresses his agreement with the General Terms and Conditions and these Complaints Regulations and confirms that he is properly familiar with them.
- A customer of the online store Netsektor s.r.o. is either a Buyer-consumer within the meaning of § 2 par. 1 letter a) of Act no. 634/1992 Sb. on consumer protection (hereinafter referred to as “Buyer-consumer”) or a buyer-entrepreneur who, when concluding and fulfilling the contract, acts as part of his business activity (hereinafter referred to as “Buyer-entrepreneur”) . Buyer-consumer and Buyer-entrepreneur are hereafter collectively referred to as "Buyer".
- When concluding and fulfilling the purchase contract, the seller acts as part of his business activity. The Seller is an entrepreneur who directly or through other entrepreneurs supplies products or services to the Buyer.
II. Responsibilities of the Seller
- The Seller is responsible to the Buyer that the Goods have no defects upon receipt. In particular, the Seller responds that at the time the Buyer took over the Goods:
- the item has the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the Seller or the manufacturer has described or that the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the item is suitable for the purpose that the Seller states for its use or for which the item of this type is usually used,
- the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- is the thing in the corresponding quantity, measure or weight and,
- the matter complies with the requirements of legal regulations.
III. Rights from liability for defects in Goods
- Obvious damage to the Goods or its packaging during delivery must be resolved immediately with the carrier and discrepancies must be recorded in the delivery protocol (conveyance note). The Buyer is not obliged to accept such Goods from the carrier and shall inform the Seller of the detected damage without undue delay. On the day of acceptance, the Buyer shall properly check the integrity of the Goods and the completeness of its accessories.
- In the case of personal collection by the Buyer, the moment of acceptance of the Goods is the moment when the risk of damage to the Goods passes from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he may make claims for defects detectable during this inspection only if he proves that these defects (e.g. missing accessories) the Goods already had a risk of damage to the Goods at the time of transfer. A later complaint of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to complain about the item. However, the seller has the opportunity to prove that this is not a contradiction with the purchase contract.
- The Buyer-consumer can claim the goods in person or send the claimed goods by shipping service to the address of the CO.DE coffee & design, Husitská 51, Prague 3, 130 00.
- In the event that the Buyer - consumer exercises his right to demand the removal of defects by repair, and in the warranty certificate, an entrepreneur different from the Seller is designated for the purpose of warranty repairs of the Goods, whose registered office or place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer can exercise the right to warranty repair at the entrepreneur listed in the warranty certificate and thus speed up the processing of his claim.
- The right to repair the product can also be exercised in the relevant authorized service center. The Buyer can deliver the goods personally or by a transport service. The list of authorized services is provided in the warranty card, or the Seller will provide it to the Buyer upon request.
- In the event that the Buyer sends the Goods to the Seller or the service center by transport service, he should, in his own interest, pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that it is not damaged during transport. For fragile Goods, he should mark the shipment with the appropriate symbols. The shipment should contain the claimed Goods (including complete accessories), we recommend attaching a copy of the sales document, a detailed description of the claimed defect and the correct contact details of the Buyer. In the case of large white appliances (washing machines, refrigerators, dishwashers, etc.), it is more convenient to arrange with the service center for a service technician to visit the Buyer directly.
- The Buyer is obliged to prove in a demonstrable way that the Goods were purchased in an online store or in a store of Netsektor s.r.o.. The optimal is the original proof of purchase of the Goods or a duly completed warranty card.
- Rights from liability for defects in Goods do not apply in particular to cases where the defect or damage occurred:
- mechanical damage to the Goods
- demonstrably unauthorized interference with the device, natural disaster, mechanical damage or if the seals have been removed or damaged in the event that the Goods are provided with seals,
- by electrical overvoltage (visible burnt components or printed circuit boards) with the exception of normal deviations,
- demonstrably incorrect use,
- use contrary to the instructions for use or the instructions given on the packaging or in the warranty card,
- use contrary to generally known rules of use,
- demonstrably by use in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment, which is directly determined by the manufacturer or which clearly follows from the nature of the thing,
- demonstrably unprofessional installation and operation,
- if the submitted warranty card shows obvious signs of data changes or if the Product has a different serial number from the one stated in the warranty card.
- The Seller's liability for defects does not extend to wear and tear caused by normal use, for Goods sold at a lower price for a defect for which a lower price was agreed, for used Goods for a defect corresponding to the degree of use or wear and tear the Goods had when taken over by the Buyer.
- A defect caused by unprofessional assembly or other unprofessional commissioning is considered a defect if this assembly or commissioning was agreed in the purchase contract and carried out by the Seller or another person under the Seller's responsibility.
- If the contents of the package or the object of purchase are consumables (e.g. battery, accumulator, print head, projector lamp), its usual lifespan under normal use is 6 months, unless expressly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected by this. However, the Buyer must take into account the fact that the warranty does not cover the wear and tear of the Goods or its parts caused by normal use and cannot therefore be confused with the service life.
- Gifts, which the Seller provides to the Buyer free of charge as part of the purchase contract for other paid Goods, cannot be guaranteed or liability for defects beyond the scope of the law. In case of withdrawal from the purchase contract, the Buyer is obliged to return the Goods, which are provided as a gift, in their original condition to the Seller.
- At the Buyer's request, the Seller is obliged to provide the Buyer with a written confirmation of obligations from defective performance to the extent stipulated by law (warranty certificate). The warranty card must contain the name or business name, ID number and registered office of the Seller. If the nature of the matter allows it, instead of a warranty certificate, it is sufficient to issue the Buyer with a proof of purchase of the Goods containing the data as a warranty certificate. If a longer than statutory warranty period is provided, the Seller will determine the terms and scope of the warranty extension in the warranty certificate.
IV. Warranty period
- If a longer period is not specified for individual goods, the buyer is entitled to exercise the right from a defect that occurs with consumer goods as follows: a) for new goods within twenty-four months of receipt; b) for unpacked goods within twenty-four months of receipt; c) for remanufactured goods in accordance with § 2168 of the Civil Code within twenty-one months of receipt; and d) for used goods in accordance with § 2168 of the Civil Code for a period of twelve months from receipt. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. Unless otherwise stated for individual goods, the seller provides a quality guarantee to the person who purchases as part of his business activity for a period of twenty-four months from receipt for new and unpacked goods, for a period of twenty-one months from receipt for refurbished goods and for twelve months for used goods.
- The warranty period begins upon receipt of the Goods by the Buyer. The warranty period is extended by the time during which the Goods were under repair. In case of replacement of the Goods as part of the warranty repair, the original warranty period continues.
- If the purchased Goods are to be put into operation by an entrepreneur other than the Seller, the warranty period will start to run only from the day the Goods are put into operation, if the Buyer ordered the commissioning no later than three weeks after taking over the item and properly and timely provided the necessary cooperation to perform the service. The date of commissioning of the Goods is indicated in the certificate of commissioning of the Goods, which the Buyer receives. The start of the warranty period is thus postponed only if all the above conditions are met. If any of them is not met, the warranty period begins to run from the day of receipt of the item.
V. Rights from defects in Goods
- If the item does not have the characteristics listed in the Seller's Liability article, the Buyer-consumer may also demand the delivery of new Goods without defects, if this is not unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-consumer can only demand the replacement of this part, if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, this is a non-essential breach of contract and in such a case the Buyer-consumer always has the exclusive right to free removal of the defect by repairing the item.
- The Buyer-consumer has the right to deliver new Goods or replace a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer-consumer has the right to withdraw from the contract. Reoccurrence of a defect after repair is considered to be the same defect that has been removed at least twice during the warranty period and that occurs again. If the Goods have been repaired at least three times for various removable defects before the claim is made, they are considered to suffer from a greater number of defects.
- If the Buyer-consumer does not withdraw from the contract or exercise the right to deliver a new Product without defects, to replace a part of it or to repair it, he can demand a reasonable discount. The buyer-consumer has the right to a reasonable discount even in the event that the Seller cannot deliver new Goods without defects, replace its parts or repair the Goods, as well as in the event that the Seller does not remedy the situation within a reasonable time or in the event that the remedy would have the effect of significant difficulties for the Buyer - consumer.
- The Buyer does not have the right from defective performance if the Seller notified the Buyer before taking over the Goods that the Goods have a defect, or if the Buyer himself caused the defect.
- The buyer-consumer is entitled to withdraw from the contract in all cases specified in the NOZ and the Act. Withdrawal is effective for the Seller at the moment when the Buyer-consumer's declaration of withdrawal from the contract is handed over or delivered to him, if all legal conditions according to §2001 et seq. are met. NOZ In case of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything that they have provided on the basis of it.
- In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods, including all accessories, to the Seller.
- If the goods that were sold as used or were sold at a discount considering their lower quality at the time of sale have a defect, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.
WE. Complaint handling
- The buyer-consumer must have the complaint, including the removal of the defect, handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the buyer-consumer agree on a longer period. The deadline for processing the claim begins the day after the claim is made in accordance with sec. § 605 WALNUT. After the expiry of this period, the same rights are granted to the Buyer-consumer as if it were a material breach of the contract. The period of 30 days is not binding on the Buyer-entrepreneur.
- The buyer-consumer can inquire about the result of the complaint himself at the address of the establishment where he filed the complaint, or at its customer telephone line.
- The Buyer is obliged to provide the Seller, or the authorized service, with all cooperation to verify the existence of the claimed defect and to eliminate it (including testing or dismantling the product). When making a complaint, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general hygiene principles, including all components and accessories.
- The buyer is obliged to hand over the complete Goods to the complaint procedure. We also recommend attaching a copy of the sales receipt, a detailed description of the defect and full contact details (address, telephone, e-mail). In the event that the Buyer does not deliver the Goods complete and its completeness is necessary to establish the existence of the claimed defect and/or to eliminate it, the period for processing the claim only begins with the delivery of the missing parts.
- When taking over the Goods for the claim procedure, the Seller is not responsible for the Buyer's data and information stored on hard drives, memories or other information carriers that are part of the Goods accepted for claims, nor for any loss of such data and information.
- When making a claim, the Buyer will receive a written confirmation - a claim protocol, which serves as a document when settling the claim. When drawing up the complaint protocol, the buyer is obliged to provide all the required data, the completeness and correctness of which he confirms by signing the complaint protocol. The complaint protocol contains information on when the complaint was made, what it contains, and what method of handling the complaint is requested by the Buyer-consumer. If the Buyer-consumer sent the product to the complaint procedure by transport service, he will receive the complaint protocol by e-mail.
- During any visit of a service technician to the Buyer (e.g. when repairing large kitchen appliances) it is necessary to draw up a report on the detected defects and the form of their removal. Without such a protocol, the visit of the service technician is not taken into account.
- The buyer-consumer has the right to be reimbursed for the purposefully incurred costs for the application of the complaint, whereby these costs are understood as the lowest possible. This is mainly the postage for sending the claimed Goods. The buyer-consumer must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights from defective performance.
VII. Refusal to accept a complaint
- The seller is entitled to refuse to accept the Goods for a claim if the Goods are dirty or their parts are dirty.
- The Seller is entitled to refuse a claim for the Goods even if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles.
- For reasons of safety during the transportation of the Goods and other handling, the Seller is entitled to refuse a claim on the Goods even if the engine oil and gasoline are not removed from them.
VIII. Collection of goods from warranty repair
- After handling the complaint, the Seller informs the Buyer either via SMS, e-mail or by phone. If the Goods were sent by a shipping service, they will be sent to the Buyer's address after processing.
- The Seller will issue, or send, a written confirmation to the Buyer stating the date and method of settlement of the complaint, confirmation of the repair and the duration of the complaint, or the justification for the rejection of the complaint.
- In the event that the claimed Goods are not picked up from the warranty repair within 2 months from the expiry of the time when the warranty repair was carried out, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each day of delay in picking up the Goods.
- When delivering the Goods after the complaint has been settled, the Buyer is obliged to present the document he received when receiving the Goods for the complaint, or must prove their identity.
These Complaints Regulations become valid and effective on 16 12.2019 and replaces all previous versions. Changes to the complaints procedure reserved.