1. Introductory provisions
1.1. The buyer’s rights from defective performance (hereinafter referred to as “complaints”) must always be exercised in accordance with these complaint rules. Matters not regulated by this Complaints Procedure are governed by the law of the Czech Republic. The seller will acquaint the buyer with these complaint rules in a suitable manner and will hand it over to him in text form at the request of the buyer. This complaint procedure is in accordance with Act No. 89/2012 Coll. Civil Code and Act No. 634/1992 Coll. on consumer protection as amended on 1 January 2014.
1.2. The seller is not responsible for defects in the following cases:
a) if there is a defect in the goods at the time of acceptance and a discount on the purchase price is agreed for such a defect,
b) if the goods are used and the defect corresponds to the degree of use or wear and tear that the goods had when taken over by the buyer,
c) the defect arose on the item due to wear and tear caused by normal use, or if it results from the nature of the item (eg at the end of its service life),
d) if it is caused by the buyer and was caused by improper use, storage, improper maintenance, intervention of the buyer or mechanical damage,
e) the defect arose as a result of an external event beyond the control of the seller.
2. Making a complaint
2.1. The buyer has the right to file a complaint with the seller, in any of its establishments, in which the receipt of the complaint is possible with regard to the range of goods sold, or if it is further possible due to the nature of the matter then by e-mail. The seller ensures the presence of an employee authorized to receive complaints throughout the operating hours. Complaints 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 place or at the place closer to the buyer.
2.2. The buyer is obliged to prove that he has the right to file a complaint, in particular to document the date of purchase, either by submitting a sales document, confirmation of the seller’s obligations from defective performance of the warranty card, or in another credible way.
2.3. The buyer is not entitled to file a claim for a defect that has been alleged in the past, if a reasonable discount on the purchase price was provided for it.
3. Deadline for exercising rights
3.1. The buyer has to file a complaint within the second day after receiving the goods. After the expiration of the period, the complaint cannot be lodged with the seller, unless the contracting parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its legal obligations.
3.2. The buyer will make a complaint without undue delay after finding out that there is a defect in the goods. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect. The buyer acknowledges that in the event of an exchange of goods as part of the settlement of a complaint, there is no new deadline for exercising the rights arising from defective performance. The period ends on the day of taking over the new goods for the claimed goods.
3.3. The period for exercising the rights from defects cannot be considered as determining the service life of the goods, it differs with regard to the properties of the product, its maintenance and accuracy and intensity of use or the agreement between buyer and seller.
4. Complaint handling
4.1. The seller is obliged to decide on the complaint immediately, in more complex cases within 14 working days. The time required for a professional assessment of the defect is not included in this period. The seller is obliged to issue a written confirmation to the buyer, stating the date and place of the complaint, the characteristics of the alleged defect, the buyer’s required method of handling the complaint and the manner in which the buyer will be informed of its settlement.
4.2. Complaints, including the elimination of defects, must be settled 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. The expiration of this period in vain is considered a material breach of contract.
4.3. The seller is obliged to confirm in writing to the buyer the method of handling the complaint and its duration. The buyer is not entitled to change the once chosen method of handling the complaint without the consent of the seller, except for the situation when the chosen method of solving it is not possible to implement at all or in time.
4.4. The buyer is obliged to take over the claimed goods within 30 days from the day when the complaint should have been settled at the latest, after this time the seller is entitled to charge a reasonable warehouse or sell the goods himself to the buyer’s account. The seller must notify the buyer of this procedure in advance and give him a reasonable additional period to take over the goods.
5. Quality at acceptance
5.1. The seller declares that he hands over the goods to the buyer in accordance with the provisions of the Civil Code, ie:
(a) the goods have the characteristics agreed between the buyer and the seller and, in the absence of an agreement, the goods have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and advertising;
(b) the goods are fit for the purpose stated by the seller for their use or for which a thing of this kind is usually used,
(c) the goods are in the appropriate quantity, measure or weight;
and (d) the goods comply with the requirements of legal regulations.
5.2. In the event that the goods do not meet the above requirements when taken over by the buyer, the buyer has the right to deliver new goods without defects, unless this is unreasonable due to the nature of the thing.
5.3. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, he may demand a reasonable discount from the purchase price. The buyer is entitled to a reasonable discount even if the seller cannot deliver new goods to him without defects, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the consumer.
6. Costs of complaints and dispute resolution
6.1. 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.
6.2. In the event that the seller rejects the complaint as unjustified, the buyer, or in agreement with the seller both parties, may turn to a forensic expert in the field and request the processing of an independent expert assessment of the defect.
6.3. If no agreement is reached between the buyer and the seller, the buyer can turn to the existing systems of out-of-court settlement of consumer disputes, or to the competent court.
7. Contractual quality guarantee
7.1. If the seller has provided a quality guarantee beyond its statutory obligations, its application is governed by these Complaints Rules, unless the confirmation of the seller’s obligations from defective performance (warranty card) or the contract provides otherwise.
8. Procedure for returning goods
8. 1. You can return the goods within 14 days from the date of delivery (applies only to consumers). All you have to do is send it back in undamaged and undamaged original packaging together with the information that you are withdrawing from the purchase contract No. (your invoice number) in accordance with § 1829. Before sending the goods, however, it is necessary to send a written complaint to the e-mail. We will refund the amount paid to your account, so please attach the number of the bank account to which we will send the amount paid.
Required data for handling the complaint
The invoice number that contained the claimed goods Reason for complaint (description of the defect of the goods, etc.).
Photographs of the damaged goods and the package in which the product arrived.
Send the complete claimed goods (not only the damaged part) packed in a package preventing its damage to the address: Angel wings clothing, s.r.o. Bechyňská 2236 39001 Tábor
Write us which solution is best for you. You have a choice of three options:
– Refund (in this case, include your bank account number).
– Exchange of goods (we are not always able to exchange goods, but we will do everything to be able to get the product in 100% condition).
– Discount (in case you keep damaged or non-functional goods, we can offer you a discount).
– We will let you know the complaint as soon as possible, but no later than within 3 days from the date of physical receipt of the claimed goods.
We will inform you about the result of the complaint by phone or e-mail. Complaints cannot be submitted by phone! Goods that will be sent to our address without explanation will be sent back immediately.
This complaint procedure is effective from September 1, 2018