Complaints Policy
Complaints Policy
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1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1.1. We warrant that, at the time risk of damage passes to the Goods pursuant to Art. 6.7 of the Terms and Conditions, the Goods are free from defects, in particular that the Goods:
a) conform to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
b) are suitable for the purpose you require and to which we agree,
c) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions,
d) are suitable for the purpose for which goods of this kind are usually used,
e) in terms of quantity, quality and other properties including durability, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that you can reasonably expect, also considering public statements made by us or another person in the same contractual chain, especially in advertising or labeling,
f) are supplied with accessories, including packaging — “assembly manuals, product manuals and other instructions for use that you can reasonably expect are available for download with specific products on our website www.denato.cz under the ‘Related files’ tab”,
g) match in quality or workmanship any sample or model provided to you before the contract was concluded.
1.2. The rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
1.3. If the Goods have a defect, especially if any of the conditions under Art. 1.1 are not met, you may notify us of such defect and exercise rights from defective performance (i.e., make a complaint) by sending an email or letter to our addresses stated in our identification details, or in person at DENATO s.r.o., Husova 406, 33401 Přeštice. You may also use the model form provided by us, which forms Annex No. 1 to the Terms. When exercising the right from defective performance, you must choose how you want the defect to be remedied; this choice cannot be changed later without our consent. We will handle the complaint in accordance with the right from defective performance you have exercised.
1.4. If the Goods have a defect, you have the following rights:
a) to remedy the defect by delivering new Goods without defects or delivering the missing part of the Goods; or
b) to remedy the defect by repairing the Goods,
unless the chosen method of remedy is impossible or, compared to the other method, disproportionately costly, which shall be assessed in particular with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant inconvenience to you.
1.5. We are entitled to refuse to remedy the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value the Goods would have without the defect.
1.6. You also have the right to:
a) an appropriate reduction of the Price; or
b) withdraw from the Contract,
if:
a) we refuse to remedy the defect or do not remedy it in accordance with legal regulations,
b) the defect occurs repeatedly,
c) the defect is a material breach of the Contract; or
d) it is evident from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
1.7. The right to withdraw from the Contract does not arise if the defect of the Goods is insignificant.
1.8. If you caused the defect to the Goods yourself, you are not entitled to rights from defective performance.
1.9. Wear and tear of the Goods caused by normal use, or in the case of used Goods wear corresponding to the degree of prior use, does not constitute a defect.
1.10. When lodging a complaint, we will issue a written confirmation stating:
a) the date on which you lodged the complaint,
b) the subject of the complaint,
c) the method of handling requested,
d) your contact details for the purpose of providing information on the handling of the complaint.
1.11. Unless we agree a longer period, within 30 days of receiving the complaint we will remedy the defects and inform you of the handling of the complaint at the contact details provided. If this period expires without result, you may withdraw from the Contract or request an appropriate reduction.
1.12. We will inform you of the handling of the complaint by email and issue a confirmation of the date and method of handling. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You must prove these costs, e.g., by receipts or confirmations of transport charges. If the defect has been remedied by delivering new Goods, you are obliged to return the original Goods to us; we will bear the costs of this return.
1.13. If you are an entrepreneur, you are obliged to notify and point out the defect without undue delay after you could have discovered it, but no later than three days after taking over the Goods.
1.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of taking over the Goods.
2. WITHDRAWAL FROM THE CONTRACT
2.1. Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from its beginning, may occur for the reasons and in the ways stated in this article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
2.2. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activity, you have the right under Section 1829 of the Civil Code to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or in the case of purchase of goods, within fourteen days of their receipt. If we have concluded a Contract for several items of Goods or several parts of Goods, this period begins only on the day of delivery of the last item or part of the Goods, and if we have concluded a Contract under which we will deliver Goods to you regularly and repeatedly, it begins on the day of delivery of the first delivery.
2.3. You may withdraw from the Contract in any demonstrable manner (in particular by sending an email or letter to our addresses stated in our identification details). You may also use the model form provided by us, which forms Annex No. 2 to the Terms.
2.4. Even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance referred to in Section 1837 of the Civil Code.
2.5. The withdrawal period pursuant to Art. 2.2 of the Terms is deemed to be observed if, during the period, you send us a notice that you are withdrawing from the Contract.
2.6. In the event of withdrawal from the Contract pursuant to Art. 2.2 of the Terms, you are obliged to send the Goods to us within 14 days of withdrawal and you bear the costs associated with returning the Goods to us. You are entitled to a refund of the delivery costs, but only up to the amount corresponding to the cheapest method of delivery of the Goods offered by us. In the event of withdrawal because we breach the Contract, we will also pay the costs associated with returning the Goods to us, again only up to the delivery cost corresponding to the cheapest method offered by us.
2.7. In the event of withdrawal from the Contract, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was credited, or to an account designated in the notice of withdrawal. However, the amount will not be refunded before we receive the Goods or you prove that they have been sent back to us. Please return the Goods clean and, if possible, in the original packaging.
2.8. In the event of withdrawal under Art. 2.2 of the Terms, you are liable for any reduction in the value of the Goods resulting from handling the Goods in a manner other than that necessary to become familiar with the nature, characteristics and functionality of the Goods, i.e., in the same way as you would examine the Goods in a brick-and-mortar shop. If we have not yet refunded the Price, we are entitled to set off the claim for the reduction against your claim for a refund of the Price.
2.9. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons inherent in the nature of the Goods). We may also withdraw if it is evident that you have intentionally provided incorrect information in the Order. If you purchase the goods in the course of your business activity, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.
3. CONSUMER DISPUTE RESOLUTION
3.1. We are not bound to any codes of conduct towards buyers within the meaning of Section 1826(1)(e) of the Civil Code.
3.2. Consumer complaints are handled via the email address info@denato.cz. Information on the handling of the complaint will be sent to the buyer’s email address.
3.3. The Czech Trade Inspection Authority, registered office Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, website: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes between a seller and a buyer who is a consumer from purchase contracts concluded by electronic means.
3.4. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.
Annex No. 1 – Complaint Form
Addressee:
DENATO s.r.o.
Husova 406
33401 Přeštice
Lodging a Complaint
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Date and number of the Contract (order): |
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Name and surname: |
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Address: |
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Email address: |
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Goods being complained about: |
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Description of defects: |
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Proposed method of handling the complaint: |
At the same time, I request a confirmation of the lodging of the complaint, stating when I exercised this right, the subject of the complaint, the method of handling requested, together with my contact details for the purpose of providing information on the handling of the complaint.
Goods sent to us for complaint handling may be sent by a carrier to our address above or delivered in person to this address. Goods sent to a pick-up point, or goods sent cash on delivery, will not be accepted or collected.
Date:
Signature:
Annex No. 2 – Withdrawal Form
Addressee:
DENATO s.r.o.
Husova 406
33401 Přeštice
I hereby declare withdrawal from the Contract:
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Date and number of the Contract (order): |
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Name and surname: |
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Address: |
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Email address: |
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Specification of the Goods to which the Contract relates: |
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Method for refunding received funds, including the bank account number if applicable: |
If the buyer is a consumer and ordered the goods via the e-shop of DENATO s.r.o. (the “Company”) or another means of distance communication, then, except for the cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, the buyer has the right to withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or, in the case of a purchase of goods, within fourteen days of receiving them. In the case of a contract for several items of goods or several parts of goods, this period begins on the day of delivery of the last item or part of the goods, and in the case of a contract under which goods are to be delivered regularly and repeatedly, on the day of delivery of the first delivery.
The buyer shall notify the Company of the withdrawal in writing to the Company’s business address or electronically to the email stated on the model form.
If a consumer withdraws from the purchase contract, they shall send or hand over to the Company, without undue delay and no later than 14 days from withdrawal, the goods received from the Company.
If a consumer withdraws from the purchase contract, the Company shall, without undue delay and no later than 14 days from withdrawal, refund all monetary funds (the purchase price of the delivered goods), including delivery costs received under the purchase contract, in the same manner. If the buyer chose a method of delivery other than the cheapest method offered by the Company, the Company shall refund delivery costs only up to the amount corresponding to the cheapest offered method of delivery. The Company is not obliged to refund the received funds before receiving the returned goods or before the buyer proves that the goods have been sent to the Company.
Goods sent to us may be sent by a carrier to the above address or delivered in person to this address. Goods sent to a pick-up point or goods sent cash on delivery will not be accepted or collected.
Date:
Signature: