for the sale of goods
You can download a sample complaint protocolHERE
Business name: Adéla Přibylová
with registered office: Heyrovského 605/1, Brno 635 00
(hereinafter referred to as "seller")
The buyer's rights from defective performance (hereinafter referred to as "complaint") must always be exercised in accordance with this complaint procedure. Matters not regulated by this complaint procedure are governed by the legal system of the Czech Republic. The seller will familiarize the buyer with this complaint procedure in an appropriate way and, at the buyer's request, will hand it over to him in text form. This complaint procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection as of January 1, 2014.
The seller is not responsible for defects in the following cases:
- if there is a defect in the item at the time of acceptance and a discount from the purchase price is agreed for such a defect,
- if the goods are used and the defect corresponds to the level of use or wear and tear the goods had when the buyer took them over,
- the defect arose on the item due to wear and tear caused by normal use, or if this results from the nature of the item (e.g. expiration of its useful life),
- is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention by the buyer or mechanical damage,
- the defect arose as a result of an external event beyond the influence of the seller.
Application of complaint
The buyer has the right to file a complaint with the seller, in any of his establishments, in which acceptance of the complaint is possible with regard to the range of goods sold, or even at his headquarters or place of business. The seller ensures the presence of a worker authorized to receive complaints during the entire operating time. The complaint can also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.
The buyer is obliged to prove that he has the right to make a claim, in particular to document the date of purchase, either by presenting a sales document, a confirmation of the seller's obligations from defective performance of the warranty card, or in another plausible way. The buyer is not entitled to make a claim for a defect that has already been pointed out in the past, if a reasonable discount from the purchase price has been provided for it.
If the exercise of the right due to defects should cause significant difficulties for the consumer, especially because it is not possible to transport the item to the place of application of the claim in a normal way or it is a product that is assembled or part of the real estate, the seller will assess the defect in agreement with the buyer either on site or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
Term for exercising rights
The buyer can exercise his rights from defective performance within a period of 24 months from the receipt of the goods. For used goods, the period for exercising rights from defective performance can be shortened to 12 months, such shortening of the period will be indicated by the seller in the confirmation of obligations from defective performance or on the sales document.After the expiration of the period, the right from defects cannot be applied to the seller, unless the contractual parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond the scope of his legal obligations
The buyer shall exercise his rights from defective performance without undue delay after discovering that the goods are defective. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims a defect against the seller, the period for exercising rights from defective performance does not run for the period during which the goods are being repaired and the buyer cannot use them.
Alt. 1 The seller declares that if he replaces the goods as part of handling the complaint, he provides the buyer with a new period of 24 months for exercising rights from defective performance.
Alt. 2 The buyer acknowledges that in the case of exchange of goods as part of handling a complaint, there is no new period for exercising rights from defective performance. The period ends 24 months after taking over after purchasing the claimed goods.
The deadline for exercising rights from defects cannot be considered as a determination of the life of the goods, it varies with respect to the characteristics of the product, its maintenance and correctness and the intensity of use or the agreement between the buyer and the seller.
The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The seller is obliged to issue a written confirmation to the buyer stating the date and place of the claim, the characteristics of the alleged defect, the buyer's requested method of settlement of the claim and the manner in which the buyer will be informed about its settlement. The complaint, including the removal of the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Missing this deadline is considered a material breach of contract. The seller is obliged to confirm in writing to the buyer the method of settlement of the complaint and its duration. The buyer is not entitled, without the consent of the seller, to change the once-selected method of settlement of the complaint, except in situations where the chosen method of solution cannot be carried out at all or in time.
The buyer is obliged to take over the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which time the seller is entitled to charge a reasonable storage fee or to sell the goods himself at the buyer's expense. The seller must notify the buyer about this procedure in advance and provide him with a reasonable additional period to take over the goods.
The seller declares that he hands over the goods to the buyer in accordance with § 2161 of the Civil Code, i.e.:
- the goods have the properties that the buyer and the seller have agreed upon, and in the absence of an agreement, such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are suitable for the purpose for which the seller states for their use or for which a thing of this kind is usually used,
- goods are things in corresponding quantity, measure or weight and
- the goods comply with the requirements of legal regulations.
In the event that the goods upon acceptance by the buyer do not meet the above requirements, the buyer has the right to delivery of new goods without defects, if this is not unreasonable due to the nature of the item. If the defect concerns only a part of the item, the buyer can only request the replacement of the part; if this is not possible, he can withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair it, he can demand a reasonable discount from the purchase price. The buyer has the right to a reasonable discount even if the seller is unable to deliver new goods without defects, replace its parts or repair the goods, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer.
If a defect appears within six months of receipt, it is considered that the item was already defective upon receipt.
Seller's liability for a defect that is a material and non-material breach of contract
The seller's liability for defects that are a material or non-material breach of the contract shall apply to defects in the goods that occurred within 24 months of acceptance, for defects for which the responsibility for quality upon acceptance pursuant to Article 5 does not apply. The defect is considered a material breach of the contract in the event that the buyer would not have concluded the contract if he had foreseen the defect at the time of concluding the contract, in other cases it is a defect that is not a material breach of the contract.
If the defect is a substantial breach of the contract, the buyer has the right to deliver a new item, a repair, a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price). If the defect is an insignificant breach of contract, the buyer has the right to remove the defect or a reasonable discount.
Regardless of the nature of the defect, the buyer has the right to the delivery of a new flawless item, replacement of a part, price discount or withdrawal from the contract, if he cannot use the item properly due to the repeated occurrence of the defect after repair or for a larger number of defects.
Costs of claims and dispute resolution
If the complaint is recognized as justified, the buyer has the right to reimbursement of purposefully incurred costs associated with the exercise of his right.
In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request the processing of an independent expert assessment of the defect.
If there is no agreement between the buyer and the seller, the buyer can turn to the existing systems of out-of-court resolution of consumer disputes, in particular the system www.vasestiznosti.cz, or the relevant court.
Contractual warranty for quality
If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints regulations, unless the confirmation of the seller's obligations from defective performance (warranty certificate) or the contract stipulates otherwise.