Complains procedure

 

Complaints Procedure
This complaint procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter the “Act”) and applies to consumer Goods (hereinafter referred to as the “Goods”), for which the Buyer's rights from liability for defects are exercised during the warranty period ( hereinafter referred to as "Complaints").

 

A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him.

The seller is BackFist sport s.r.o., with its registered office at Severní 1184/17, Hlučín, 748 00. ICO: 05649927 DIC: CZ05649927. It is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.

The customer of our online store is either the Consumer Buyer or the Buyer, who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract. If the contracting party is not the consumer, but the entrepreneur is governed by relations not regulated by the Terms and Conditions of the Civil Code (No. 89/2012 Coll.) The warranty period is 1 year.

I. Defects of goods
The seller responds to the consumer that the item has no defects upon receipt. In particular, the seller is responsible to the consumer that at the time the consumer took over,

the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,
the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
is an item in an appropriate quantity, measure or weight, and
the matter complies with the requirements of the legislation.
II. Rights from defects in goods
If the item does not have the above characteristics, the consumer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only request replacement of the part; if this is not possible, he may withdraw from the contract.

However, if this is disproportionate due to the nature of the defect, in particular if the defect can be rectified without undue delay, the consumer shall have the right to have the defect rectified free of charge.

The consumer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The consumer is entitled to a reasonable discount even if the seller cannot deliver a new item to him without defects, replace its part or repair the item, as well as if the seller does not remedy the situation within a reasonable time or would arrange considerable difficulties for the consumer.

The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.

III. Deadlines
The consumer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.

The warranty period begins when the Goods are taken over by the Customer. The warranty period for the Consumer Buyer is 24 months, but for the Buyer who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract, the warranty period is only 12 months.

The warranty period is extended by the time for which the Goods were under warranty repair. In the event of an exchange of the Goods, a new warranty period begins to run.

IV. Other
The seller's liability for defects does not apply to wear and tear caused by its normal use, .in case sold at a lower price for a defect for which a lower price was agreed, for a used item for a defect corresponding to the degree of use or wear the item had when taken over by the buyer, or if it follows from the nature of the matter.

At the request of the consumer, the Seller is obliged to provide the consumer with a written confirmation of the obligations arising from defective performance to the extent provided by law (warranty card). If the nature of the item allows it, it is sufficient to issue the Buyer a proof of purchase containing the data (invoice) instead of the warranty card, which must contain the data as a warranty card. The warranty card must contain the name and surname, name or business name of the Seller, ID number, registered office if it is a legal entity, or residence if it is a natural person. If a longer than statutory warranty is provided, the Seller shall specify the conditions and extent of the warranty extension in the warranty certificate.

The consumer is entitled to withdraw from the contract in all cases stipulated by law. Withdrawal is effective against the Seller from the moment when the Buyer's statement on withdrawal from the contract is delivered to him, if all