COMPLAINTS PROCEDURE

COMPLAINTS PROCEDURE
I. Introductory provisions
1. This Complaints Procedure is issued by AdvaTec E&S s.r.o., with registered office at Příkop 843/4, Brno 602 00, registered in the Commercial Register kept at the Regional Court in Brno, ID No.: 21279578, VAT No.: <supplement>, phone +420 602 817 863, email: info@advatec-es.cz (hereinafter referred to as „Seller“).
2. This Complaint Procedure contains information on the scope, conditions and method of exercising the right of defective performance (hereinafter referred to as „complaint“) in connection with purchase contracts concluded between the Customer and the Seller, together with information on where the complaint can be filed.
II. Conditions and method of making a claim
1. The Customer may make a claim at the address of the establishment, i.e. Na Hraničkách 487/36 Vyškov 682 01
2. The Customer shall make a claim in person, by post at Na Hraničkách 487/36 Vyškov 682 01, or by e-mail info@advatec-es.cz. The customer proves the purchase of the claimed goods with a purchase document/invoice. In some cases, by prior arrangement, at the customer’s address.
3. It is absolutely necessary to make a complaint without undue delay, as soon as the defect has been discovered. Any delay in the continued use of the goods may cause the defect to intensify, depreciate the goods and may be grounds for rejection of the claim.
4. A claim is deemed to be properly made if the claim is not prevented by general principles of hygiene. The customer is obliged to present the claimed goods cleaned, free of all impurities and hygienically sound. The Seller is entitled to refuse to accept for complaint any goods that do not comply with the above-mentioned general hygiene principles (in particular Decree No 91/1984 Coll., on measures against communicable diseases).
5. The Seller is obliged to issue the Customer with a written confirmation of when the Customer exercised the right, what is the content of the complaint and what method of handling the complaint the Customer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
6. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the consumer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract.
III. Scope of rights arising from defective performance
1. The rights and obligations of the Seller and the Customer regarding the Seller’s guarantee for the quality of the goods upon acceptance and the Customer’s rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the „Civil Code“) and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the „Consumer Protection Act“).
2. The Seller shall be liable to the Customer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Customer that at the time the Customer accepted the goods:
a. the goods have the characteristics agreed between the Seller and the Customer and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or the Customer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b. the goods are fit for the purpose stated by the Seller for its use or for which goods of that kind are usually used,
c. the goods are in the appropriate quantity, measure or weight; and
d. the goods comply with the requirements of the law.
3. A defect shall not be deemed to be a change (characteristic) in the goods resulting from wear and tear, improper use, inadequate or improper maintenance, natural changes in the materials from which the goods are made, any damage by the customer or a third party or other improper intervention.
4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
5. If the goods do not have the characteristics set out in Article 3.2 above, the customer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only a part of the goods, the customer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the customer shall be entitled to have the defect remedied free of charge.
6. The customer is also entitled to the delivery of new goods or the replacement of a part in the event of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the customer also has the right to withdraw from the purchase contract.
7. If the customer does not withdraw from the purchase contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, he may demand a reasonable discount. The customer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the customer considerable difficulties.
8.
9. This does not apply:
a. for goods sold at a lower price, to the defect for which the lower price was agreed,
b. for wear and tear caused by normal use of the goods; or
c. if the nature of the goods so requires.
10. If the defective performance is a material breach of contract, the customer has the right:
a. to remedy the defect by supplying a new item without defect or by supplying the missing item,
b. to remedy the defect by repairing the item,
c. a reasonable discount on the purchase price; or
d. to withdraw from the contract.
11. The Customer shall inform the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Customer may not change the choice made without the consent of the Seller; this shall not apply if the Customer has requested the repair of a defect which proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Customer that it will not remedy the defects, the Customer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the Customer fails to exercise its right in time, the Customer shall have the rights under Articles 3.12 to 3.14.
12. If the defective performance is an insubstantial breach of contract, the customer has the right to have the defect remedied or to a reasonable discount on the purchase price.
13. Other defects may be remedied by the Seller at its option by repairing the goods or supplying new goods; the choice must not cause unreasonable costs to the Customer.
14. If the Seller fails or refuses to remedy a defect in the goods in a timely manner, the Customer may demand a reduction in the purchase price or may withdraw from the contract. The customer cannot change the choice made without the consent of the Seller.
IV. Final Provisions
1. The Complaints Procedure has been drawn up in accordance with the Civil Code and the Consumer Protection Act.
2. Complaints shall be handled in accordance with these Complaints Regulations, the Civil Code, the Consumer Protection Act and other relevant legislation.
3. This Complaints Procedure shall come into force and effect on 1 April 2024.