The following Complaint Procedure (hereinafter referred to as the “Complaints Procedure”) regulate the manner and conditions of complaints regarding defects of goods purchased by the consumer from our company through the Artistico online store:
Shania, a.s., with its registered office at Příkop 843/4, Zábrdovice, 602 00 Brno,
Registered in the Commercial Register maintained by the Regional Court in Brno, Section B, File 7778,
Delivery address: Pavlovova 1169/54, Ostrava – Zábřeh, 700 30, Czech Republic
Phone number: +420 725 602 471,
Contact e-mail: firstname.lastname@example.org.
1. WHAT DEFECTS ARE WE RESPONSIBLE FOR?
1.1. As the seller, we are responsible for the delivery of the goods you ordered and that the goods to be free from defects upon their receipt. This means that upon receipt, the goods shall, in particular:
- Have properties that have been negotiated and described or that you might have expected due to the nature of the goods and the advertising;
- Be in the appropriate quantity, measure or weight;
- Comply with legal requirements;
- Fit the purpose stated or for which the purchased goods are usually used;
- Correspond to the quality agreed and, where applicable, to the quality established by the applicable and effective legislation for the type of goods in question; and
- Have no legal defects, i. e. no third party has any property rights to the goods and the goods are equipped with documents, and documents necessary for the proper use of the goods.
We are also responsible for ensuring that these defects do not occur during the warranty period. We do not provide any quality guarantee for consumers beyond the statutory warranty period.
- The difference in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods. If the goods do not meet your expectations, you have the right to withdraw from the contract within two weeks of the receipt of the goods in accordance with Article 6 of the General Terms and Conditions.
2. WHAT IS THE WARRANTY PERIOD?
2.1. For unused consumer goods, the warranty period is twenty-four months from the receipt of the goods unless a more extended warranty period is specified on the web interface, in the documents accompanying the goods or in the advertisement.
2.2. If the goods are replaced or repaired, there is no new warranty period for the new goods. In this case, however, the warranty period shall be extended by a period during which you could not use the goods due to the defect, i. e. in particular, by the period during which the goods are under repair.
3. WHAT RIGHTS HAVE YOU GOT FROM THE DEFECTIVE PERFORMANCE?
3.1. The Civil Code, in particular, Sections 2099 to 2117, as well as Sections 2165 to 2174 governs your rights from defective performance.
3.2. In particular, in accordance with the provisions stated above, you have the following rights:
A) Supplementing the missing parts
If we deliver the goods in a smaller quantity than agreed, or we supply you with incomplete goods, you have the right to supplement what is missing.
B) Discount on the purchase price
If there was a defect at the time of accepting the goods or the defect occurred during the warranty period, you can always claim a reasonable discount on the purchase price.
C) Exchange of goods
You can always request the replacement of the goods unless it is disproportionate to the nature of the defect (i. e. especially if immediate repair of the goods is not possible) and unless it is not a minor breach of contract.
You do not have the right to exchange goods if only part of the goods is defective. Should we conclude during the complaint procedure that only part of the goods is defective, we will replace that part.
You cannot request the replacement of goods used or sold at a lower price. Instead, you can claim a discount on the purchase price. Nor is it possible to exchange goods for goods which are unique in nature (e. g. works of art).
D) Repair of the thing
If the goods can be repaired, you are entitled to free removal of the defect. If it becomes evident during the complaint procedure that we are unable to repair the goods, we will inform you immediately, and you can choose another way of handling the complaint.
E) Refund (withdrawal)
You can request a refund only if:
- The delivery of a defective or incomplete item by us constitutes a material breach of contract; or
- We are unable to remove the defect for which you cannot properly use the goods or are unable to replace the goods with such defect (e. g. the goods are no longer manufactured); or
- You cannot properly use the goods for the repeated occurrence of the defect after its repair (occurrence of the same defect after at least two previous repairs); or
- There are several defects on the goods (concurrent occurrence of at least three removable defects, each of which impedes the proper use of the goods); or
- We do not comply with the deadline for settling the claim/we do not take corrective action within 30 days of the claim.
3.3. The exchange of goods or refund (withdrawal from the contract) is subject to your returning the item in the same condition, in which you received it. The exceptions are as follows:
A) There has been a change in a condition caused by the inspection conducted to determine the defect of the item;
B) You had used the item before the defect was discovered;
C) You have not made it impossible to return the item in an unaltered state by your acts or omissions; or
D) You have sold, consumed, or altered the item in normal use before discovering the defect; if it happened only partially, you should return what you can and give us compensation to the extent that you have benefited from the use of the item.
4. WHEN CANNOT THE RIGHTS OF POOR PERFORMANCE BE EXERCISED?
4.1. You do not have the rights of poor performance if:
- You knew about the defect before accepting the item;
- You have caused the defect yourself; or
- The warranty period has expired.
4.2. Furthermore, the warranty and liability claims do not apply to:
- The wear and tear of the goods caused by regular use;
- The goods sold at a lower price – only in relation to the defect, for which the lower price was agreed; or
- The goods if the defect happens due to their nature (especially to the goods that by their nature cannot withstand the entire duration of the warranty period).
5. HOW TO PROCEED WITH A COMPLAINT?
5.1. You should complain without undue delay from finding the defect.
5.2. We accept complaints at any of our facilities where it is possible to accept the complaint due to the range of goods sold or at our headquarters. We recommend using our delivery address to process your claim as quickly as possible.
5.3. The recommended procedure for complaints:
- You can inform us about the complaint in advance by telephone, e-mail or in writing;
- At the same time, it is advisable to inform us of what type of right of defective performance you have chosen, i. e. whether you want, in accordance with the Complaint Procedure, supplement the missing part, discount on the purchase price, exchange goods, repair items, refund, or other rights in accordance with the Complaint Procedure and the Civil Code;
- You can deliver the claimed goods together with the complaint form or subsequently (please, choose other types than on delivery – we do not accept such type) to the address of the registered office or facility; it is advisable to pack the goods in suitable packaging so as not to damage or destroy them;
- To facilitate the procedure, it is advisable to attach to the goods a proof of purchase of goods or an invoice, if any, or another document proving the purchase of goods, together with a description of the defect and a proposal on how to handle the complaint.
Failure to comply with any of the steps mentioned above or failure to submit any of the documents mentioned above does not prevent the successful handling of the claim under the legal conditions.
5.4. The moment of enforcement of a complaint is the moment when we were notified of the occurrence of such a defect.
5.5. We decide about the received complaint immediately, in complex cases within three working days. This period shall not include a reasonable time, depending on the type of product or service, required for expert assessment of the defect. Complaints, including the possible removal of defects, shall be settled without undue delay, no later than 30 days from the date of the claim unless we agree on a longer period.
5.6. If you choose a right that you cannot be granted for objective reasons (especially in the case of irremovable defects or if you require replacement of goods that is not possible), we will contact you immediately. In this case, you may choose another right in accordance with this Complaint Procedure.
5.7. When submitting a complaint, we will issue a written confirmation of when you have exercised your right, what is the content of the complaint and what method of handling the claim you require. Furthermore (after the complaint is settled), we will issue a confirmation of the date and method of handling the claim, including confirmation of the repair and its duration or written justification for rejecting the complaint.
5.8. Under the Civil Code, you have the right to reimbursement of reasonably incurred costs when claiming goods. Please, take note that you must exercise the right to reimbursement of such expenses within one month after the expiry of the period within which the defect must be claimed.
This Complaint Procedure is valid and effective as of 8. 4. 2020