commercial companies: Aurapol s.r.o.
Sumna 125, 671 02 Sumna, Czech Republic
Identification number: 09318356
registered in the Commercial Register kept at the Commercial Court in Brno, Section C, Insert 118420
for the sale of goods through an on-line shop located at the Internet address: www.aurapol.com
I. INTRODUCTORY PROVISIONS
The Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as the "Goods") for which the buyer's rights under liability for defects (hereinafter referred to as "claims") are exercised during the warranty period.
The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the Purchase Contract, the Buyer agrees to the General Terms and Conditions and this Complaints Procedure and confirms that he/she is duly acquainted with them.
The customer of the online shop aurapol s.r.o. is either a Buyer-consumer within the meaning of Section 2 (1) (a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the "Buyer-consumer") or a Buyer-entrepreneur who acts within the scope of his/her business activity when concluding and performing the contract (hereinafter referred to as the "Buyer-entrepreneur"). The Buyer-consumer and the Buyer-entrepreneur are hereinafter jointly referred to as the "Buyer".
The Seller is acting within the scope of its business when concluding and performing the Purchase Contract. The Seller is an entrepreneur who directly or through other entrepreneurs supplies products or services to the Buyer.
II. LIABILITY OF THE SELLER
The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable that at the time the Buyer took delivery of the Goods:
it has the characteristics agreed between the parties and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
the item is fit for the purpose for which the Seller states it is to be used or for which an item of that kind is usually used,
the item corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the item is in the appropriate quantity, measure or weight; and
the item complies with the requirements of the legislation.
The Goods are accompanied by a tax receipt and, for some products, a warranty certificate. If the Goods are not accompanied by a warranty certificate, the tax document is used to make a claim.
III. RIGHTS UNDER LIABILITY FOR DEFECTS IN GOODS
Obvious damage to the Goods or their packaging during delivery must be immediately addressed with the carrier and the discrepancies must be recorded in the handover report (waybill). The Buyer shall not be 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 duly check the integrity of the Goods and the completeness of their accessories.
In case of personal collection by the Buyer, the moment of taking over the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he can only claim for defects detectable during such inspection if he proves that such defects (e.g. missing accessories) were already present in the Goods at the time of the transfer of the risk of damage to the Goods. A later claim for incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to claim. However, the Seller has the opportunity to prove that there is no breach of the contract of sale.
The Buyer-consumer may claim the Goods in person at the Seller's branch ( AURAPOL s.r.o. Sumna 125, 671 02 Sumna, Czech Republic ) or send the claimed goods by shipping service to AURAPOL s.r.o. Sumna 125, 671 02 Sumna, Czech Republic.
If the Buyer sends the Goods to the Seller or the service centre by transport service, he should, in his own interest, pack the claimed Goods in suitable and sufficiently protective packaging material meeting the requirements of transport so as not to damage them during transport. In the case of fragile Goods, the shipment should be marked with appropriate symbols. The shipment should contain the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the claimed defect and the Buyer's correct contact details.
The Buyer is obliged to prove in a verifiable manner that the Goods were purchased in the aurapol.cz online shop, the original proof of purchase of the Goods or a properly filled in warranty certificate is optimal.
The rights of liability for defects in the Goods do not apply in particular to cases where the defect or damage has occurred:
mechanical damage to the Goods
proven tampering with the device, natural disaster, mechanical damage or if the seals have been removed or damaged if the Goods are sealed,
electrical surges (visibly burnt components or circuit boards), except for normal deviations,
demonstrably improper use,
use contrary to the instructions for use or instructions on the packaging or warranty card,
use contrary to generally accepted rules of use,
use in conditions which are not suitable in terms of temperature, dustiness, humidity, chemical and mechanical influences for the environment directly intended by the manufacturer or which are clearly implied by the nature of the product,
demonstrably unprofessional installation and operation,
if the warranty certificate submitted shows obvious signs of alterations to the data or if the Goods bear a different serial number from that shown on the warranty certificate.
The Seller's liability for defects does not extend to wear and tear caused by normal use, in the case of Goods sold at a lower price for the defect for which the lower price was agreed, in the case of second-hand Goods for a defect corresponding to the level 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 shall be deemed to be a defect if such assembly or commissioning was agreed in the Purchase Contract and performed by the Seller or another person under the responsibility of the Seller.
If the packaging or the object of purchase contains consumables, their normal lifetime in normal use is usually 6 months, unless expressly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected. However, the Buyer must take into account the fact that the warranty does not cover wear and tear of the Goods or their parts caused by normal use and cannot be confused with durability.
No warranty or liability for defects beyond the scope of the law can be applied to gifts provided by the Seller to the Buyer free of charge as part of the purchase contract for other paid Goods. In the event of withdrawal from the Purchase Contract, the Buyer shall return the Goods provided as a gift to the Seller in their original condition.
At the Buyer's request, the Seller is obliged to provide the Buyer with a written confirmation of the obligations of defective performance to the extent provided by law (warranty certificate). The warranty certificate must contain the name or business name, registration number and registered office of the Seller. If the nature of the item allows it, it is sufficient to issue the Buyer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate. If a warranty period longer than the statutory warranty period is provided, the Seller shall specify the terms and scope of the warranty extension in the warranty certificate.
IV. WARRANTY PERIOD
The Buyer-Consumer is entitled to exercise the right to claim for defects occurring in consumer Goods within twenty-four months from the date of receipt of the Goods. If a defect in the Goods occurs within six months of receipt by the Buyer-Consumer, the Goods shall be deemed to have been defective upon receipt, unless proven otherwise. In the case of the purchase of second-hand Goods, the period for exercising rights under defective performance is 24 months. For a Buyer-Entrepreneur, the warranty period is twelve months.
The warranty period begins upon receipt of the Goods by the Buyer. The warranty period shall be extended by the period during which the Goods have been under repair. If the Goods are replaced under warranty repair, the original warranty period shall continue.
If the purchased Goods are to be commissioned by a business other than the Seller, the warranty period shall commence only from the date of commissioning of the Goods, provided that the Buyer has ordered the commissioning within three weeks of receipt of the Goods and has duly and timely provided the necessary cooperation for the performance of the service. The date of commissioning of the Goods shall be indicated in the commissioning document received by the Buyer. Thus, the start of the warranty period shall only be postponed if all of the above conditions are met. If any of them is not met, the warranty period starts from the date of receipt of the goods.
V. RIGHTS ARISING FROM DEFECTS IN THE GOODS
If the item does not have the characteristics listed in the article Seller's Liability, the Buyer-Consumer may also demand delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-Consumer may only demand the replacement of this part, if this is not possible, he may withdraw from the contract. If, however, this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, this is an insignificant breach of contract and in such a case the Buyer-Consumer is always entitled exclusively to have the defect remedied free of charge by repairing the item.
The Buyer-Consumer shall also be entitled to the delivery of new Goods or the replacement of parts 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 Buyer-Consumer has the right to withdraw from the contract. A recurrence of a defect after repair shall be deemed to be the same defect that has already been rectified at least twice during the warranty period and which occurs again. If the Goods have been repaired at least three times for different remediable defects in the period before the claim is made, they shall be deemed to suffer from a greater number of defects.
If the Buyer-Consumer does not withdraw from the contract or exercise the right to have new Goods delivered without defects, to have parts replaced or repaired, he may claim a reasonable discount. The Buyer-Consumer is also entitled to a reasonable discount if the Seller cannot deliver new Goods without defects, replace their parts 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 significant difficulties for the Buyer-Consumer.
The Buyer shall not be entitled to the right of defective performance if the Seller has notified the Buyer prior to taking over the Goods that the Goods are defective or if the Buyer has caused the defect himself.
The Buyer-consumer is entitled to withdraw from the contract in all cases specified in the NCC and the Act. Withdrawal is effective against the Seller at the moment when the Buyer-Consumer's statement of withdrawal is delivered or delivered to the Seller, provided that all the statutory conditions under §2001 et seq. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to return to each other everything they have provided to each other on the basis of the contract.
In case of withdrawal from the contract, the Buyer is obliged to return the complete Goods including all accessories to the Seller.
If the defective Goods were sold second-hand or sold at a discount reflecting their inferior quality at the time of sale, the Buyer-Consumer shall be entitled to a reasonable discount instead of the right to exchange the Goods.
VI. HANDLING OF COMPLAINTS
The Buyer-Consumer must have the complaint, including the removal of the defect, settled 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 of time. The deadline for the settlement of the complaint begins the day after the complaint is filed in accordance with § 605 of the NCC. After the expiration of this period, the Buyer-Consumer shall be entitled to the same rights as if it were a material breach of contract. The 30-day period is not binding on the Buyer-Entrepreneur.
The Buyer-Consumer may enquire about the outcome of the claim himself at the address of the establishment where the claim was made or at its customer service line.
The Buyer is obliged to provide the Seller, or an authorized service, with all assistance to verify the existence of the claimed defect and to eliminate it (including testing or disassembly of the product). When making a claim, the Buyer is obliged to hand over the Goods clean in accordance with the hygiene regulations and general hygiene principles, including all parts and accessories.
The Buyer is obliged to hand over the Goods complete for the claim procedure. It is also recommended to enclose 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 fails to deliver the Goods complete and their completeness is necessary to establish the existence of the claimed defect and/or to remedy it, the time limit for the settlement of the claim shall not begin until the delivery of the missing parts.
Upon acceptance of the Goods for claim, the Seller shall not be liable for the Buyer's data and information stored on hard drives, memory or other information carriers that are part of the Goods accepted for claim, nor for any loss of such data and information.
When making a claim, the Buyer shall receive a written confirmation - a claim report, which shall serve as a document in the settlement of the claim. The Buyer is obliged to provide all required data when drawing up the complaint report, the completeness and accuracy of which is confirmed by signing the complaint report. The complaint report contains information on when the complaint was filed, what is its content, what method of settlement of the complaint is required by the Buyer-Consumer. If the Buyer-Consumer has sent the product to the complaint procedure by transport service, he/she receives the complaint protocol by e-mail.
The Buyer-Consumer shall be entitled to reimbursement of the costs reasonably incurred for the claim, which shall be understood as the lowest possible costs. This includes, in particular, the postage costs for sending the claimed Goods. The Buyer-Consumer must request reimbursement of these costs without undue delay, but at the latest within one month of the end of the period for exercising the rights arising from defective performance.
VII. REFUSAL TO ACCEPT A CLAIM
The Seller shall be entitled to refuse to accept the Goods for claim if the Goods are soiled or their components are soiled.
The Seller is also entitled to refuse to accept the Goods if the Goods are not handed over in accordance with the hygiene regulations and general hygiene principles.
VIII. COLLECTION OF GOODS FROM THE WARRANTY REPAIR SHOP
After processing the claim, the Seller shall inform the Buyer either by SMS, e-mail or telephone. If the Goods have been sent by a shipping service, they will be sent to the Buyer's address after processing.
The Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the claim, confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
In the event of failure to collect the claimed Goods from the warranty repair within 2 months from the expiry of the warranty repair period, the Buyer shall be obliged to pay the Seller a storage fee of CZK 50 for each day of delay in collecting the Goods.
When issuing the Goods after the claim has been settled, the Buyer shall be obliged to present the document received upon receipt of the Goods for the claim, or must prove his/her identity.
This Complaints Procedure shall come into force and effect on 1 February 2022.
Annex No. 1. to the Complaints Procedure
Model form for making a complaint
Online shop: http://www.aurapol.com
Company: aurapol s.r.o.
Registered office: Sumna 125, 671 02 Sumna
ID NUMBER: 09318356/CZ09318356
E-mail address: firstname.lastname@example.org
Telephone number: +420 511 110 077
My name and surname:
My phone and email:
Exercising the right of defective performance (claim)
On (*) I placed an order in your shop (*) (see below for order specification). However, the product I purchased has the following defects(* here you need to describe the defect in detail). I request that the complaint be handled as follows: (* here you should describe the requested method of handling in detail ; for example - "as this is a removable defect, I request that the product be repaired within the statutory period of 30 calendar days at the latest). At the same time, I ask you to issue a written confirmation of the claim, stating when I made the claim, what is the content of the claim, together with my claim for repair/replacement, and then confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair (if it is a repair and not a replacement).
Date of order (*)/date of receipt (*)
The funds for the order, or for delivery if applicable, were sent by (*)
and will be refunded by way of (in case of bank transfer please send account number) (*)
(*) Delete where not applicable or add details.
In (fill in the place here), On (fill in the date here)
Name and surname of the consumer
List of attachments:
Invoice for ordered goods No. (*)
General instructions for making a claim
The Supplier is not liable for damages, and the claim will not be accepted if the claim is sent to a different address than the Delivery - Correspondence address.
The claim is only settled when we notify you of this. If the statutory time limit expires, this is considered a material breach of contract and you may withdraw from the contract of sale.