Complaint adjustment rules and consumer information
The company PRECIOSA – LUSTRY, a.s., BID 00012645, registered office at Nový Svět 915, 471 14 Kamenický Šenov, registered in the Commercial Register held at the Regional Court in Ústí nad Labem – Liberec Branch Office, Section B, Entry 37, and its representatives (hereinafter the “Seller“) hereby inform the consumer (hereinafter the “Buyer“) on the rights and obligations resulting from the purchase of products offered by the Seller (hereinafter the “Goods“).
The Complaint Adjustment Rules do not apply to Goods purchased from the Seller through a legal or individual entity, through their regular trade.
1.1. The Seller is responsible to the Buyer in that the Goods have no defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer takes over the Goods, a) have the properties agreed upon by the Parties, and should an agreement be absent, the Goods have the properties that have been described by the Seller, or which the Buyer expected with regard to the character of the Goods and on the basis of advertising carried out by the Seller; b) that suit the purpose recommended by the Seller or the one for which the Goods of this type are usually used; c) correspond to the quality or design to the agreed sample or draft, if the quality or design has been determined according to an agreed sample or draft; d) which is in corresponding quantity, extent or weight; and e) which meets the requirements of legal regulations.
1.2. The Buyer is entitled to apply with the Seller the right of compensation for a defect appearing in the Goods in a statutory or agreed period of guarantee. This does not apply a) in the case of Goods sold for a lower price because of the defect, for which the lower price was stipulated; b) for the wear and tear of the Goods caused by their usual use; c) in case of used Goods with the defect corresponding to the extent of their use or wear and tear, which the Goods had before the handover of the Goods by the Buyer; d) should it result from the character of the Goods and agreement of the Parties.
1.3. The Seller is not responsible for defects a) caused by the Buyer himself/herself; b) caused by a third Party; c) arising after the expiry of the statutory or agreed period of guarantee; d) caused by use at variance with the instructions for using the Goods, instructions in the Assembly Manual, Maintenance and Cleaning Manual and other documents, which are part of the Goods packaging; e) caused by improper handling of the Goods, installation of the Goods, damage during transport, interference in the Goods or their fastening and securing elements; f ) caused by an accident, exterior influences, fire, water, chemical substances, storage or using the Goods in insufficiently insulated spaces, where condensed humidity may appear; g) caused by storing or using the Goods beyond the temperature range of -20 °C to 45 °C; h) of parts subject to wear and tear, such as batteries, bulbs, electrical parts of the Goods, etc.
1.4. A slight deviation from the product specification is not considered a defect of the Goods.
1.5. The complaint shall be applied in any establishment of the Seller, where it is possible to accept complaints with regard to the range of the Goods sold or services provided, or also in the registered office or place of business of the Seller or in the outlet of its trade representative where the Buyer has purchased the Goods.
1.6. After the receipt of the Goods, the Buyer is obliged to carefully check as soon as possible, whether the Goods have any visible defects in terms of quality or quantity.
1.7. The Buyer is obliged to inform the Seller that the Goods show defects, without undue delay, within 14 days at the latest after the discovery of the defects. The Buyer is obliged to describe the defect in detail, evidence his/her statement with photographs, prove that he/she has purchased the Goods from the Seller and that he/she asserts the right to compensation of defects in time. Without proving these facts, the Seller is not obliged to accept the complaint. In the event that the Buyer discovers while opening the exterior packaging of the Goods for the first time that the Goods are damaged, broken or otherwise defective at first sight, the Buyer is obliged to leave the Goods in the original packaging, take a photograph of the defective Goods and their packaging and inform the Seller of the defects.
1.8. Should the Buyer lodge a complaint against any defects to the Goods, he/she shall submit to the Seller the defective Goods in the original packaging.
1.9. Should the Goods have defects, the Buyer may require the rectification of the defect, an adequate discount of the purchase price, and, should the defect be substantial, the Buyer may withdraw from the agreement.
1.10. The Seller is obliged to issue for the Buyer a written certificate stating when the Buyer asserted his/ her right, the content of the complaint and what type of complaint adjustment the Buyer requires. The Seller is also obliged to issue a certificate of the date and method of complaint procedure, including a certificate concerning the any repair and the period of its duration, or a written justification of the refusal of the complaint. This obligation also applies to other people authorized to carry out the repair.
1.11. The Seller shall decide on the complaint immediately; in more complicated cases within 3 working days. This period does not include a period adequate for a professional assessment of the defect according to the type of Goods. The complaint including the rectification of the defect must be processed without undue delay, at the latest within 30 days from the date that the complaint is filed, if the Seller does not agree with the Buyer on a prolonged deadline. The complaints are assessed in accordance with valid internal guidelines of the Seller.
2.1. The Goods are designated with a price, or the price of the Goods is given in the price list, which is available to the Buyer in the Seller‘s outlet, or in the outlets of the Seller‘s representative, or through the sales representatives of the Seller and at https://eshop.preciosalighting.com.
3. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
3.1. In the event that a consumer dispute arises resulting from a purchase agreement between the Seller and the Buyer, which is not settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of the dispute to the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 15, 120 00 Prague 2, Email: email@example.com, Web: adr.coi.cz.
3.2. The European Consumer Centre Czech Republic (Evropské spotřebitelské centrum Česká republika), based at Štěpánská 15, 120 00 Prague 2, website address: http://www.evropskyspotrebitel.cz is a contact point in accordance with the Regulation of the European Parliament and the Council (EU) No. 524/2013 as of 21 May 2013 on the Settlement of Consumer Disputes On-line and on the Amendment of the Regulation (EC) No. 2006/2004 and the Guideline 2009/22/ES (Regulation on the Settlement of Consumer Disputes On-line).