The Seller hereby, in accordance with the law, sets out the following Complaint Procedure, which constitutes a part of the Terms and Conditions (T&C):
Article 1 Definitions
1.1 For the purposes of T&C, the following terms and phrases, starting with a capital letter, have the meanings, unless they are used in a different context:
1.1.1 Price - the purchase price for the goods and /or the price of the license for the goods set by the Seller for each type of good specified on the website ecomfio.com (hereinafter: the website);
1.1.2 Seller - KRÁSNÉ POLE s.r.o., with registered office at Lázeňská 397, 463 62 Hejnice, identification number: 25005634, registered in the Commercial Register held at the Regional Court in Ústí nad Labem in Section C, insert 10907;
1.1.3 Complaints - the Buyer’s right resulting from the Seller’s liability for defects;
1.1.4 Contract - A Purchase Agreement concluded between the Seller and the Buyer, through the website;
1.1.5 Consumer - natural person who concludes the Purchase Agreement with the Seller outside his/her business activity or outside of the independent exercise of his profession;
1.1.6 Buyer - any natural or legal person who uses the website, excluding the Seller;
1.1.7 T&C - Seller’s Terms and Conditions regulating the online sales;
1.1.8 Warranty Letter - written confirmation of liability for defective performance to the extent stipulated by the existing legislation;
1.1.9 Goods - items offered by the Seller for sale to the Buyer through the website, with or without a licenses for their usage.
Article 2 Defective Goods
2.1 The Seller is responsible to the Buyer that the Goods have no defects. In particular, the Seller is responsible to the Buyer that, when the Buyer takes over the Goods,
2.1.1 the Goods have properties that the parties have agreed upon and, in the absence of other arrangements, and such properties, that the Seller or the Manufacturer described or were expected by the Buyer in view of the nature of the Goods and in light of the representation stated in the advertisement,
2.1.2 the Goods are fit for their purpose which the Seller indicated or purpose it is normally used for,
2.1.3. The Goods correspond with the quality or performance of the agreed sample or original if the quality or design that has been determined by the agreed sample,
2.1.4 the Goods are of the appropriate quantity, amount and weight and
2.1.5 Goods comply with all the legal requirements.
2.2 If the Goods do not have the above mentioned properties, the Buyer may also require the supply of a new item without defects unless it is disproportionate to do so due to the nature of the defect, but if the defect only affects a part of the defective Good, the Buyer may only require replacement of the defective part; if this is not possible, the Buyer may withdraw from the Agreement.
2.3 If, however, due to the nature of the defect, it is disproportionate, and if the defect can be remedied without an undue delay, the Buyer is entitled to removal of the defect free of charge.
2.4 The right of delivery of new Goods or replacement of a component shall be the same in the case of a defect that can be remedied if the item can not be properly used again due to the recurring defect after the repair or due to other defects. In such a case, the Buyer also has the right to withdraw from the Agreement.
2.5 If the Buyer does not withdraw from the Agreement or exercise the right to request a delivery of a new item without defects, to have a part of the Goods exchanged or repaired, the Buyer may require a reasonable discount. The Buyer has the right to a reasonable discount if the Seller can not deliver a new item without defects, replace its part or repair it, as well as if the Seller does not remedy the item within a reasonable time or if remedying would cause significant difficulties to the Buyer.
2.6 The Buyer does not have the right stemming from the defective performance if the Buyer knew that the Goods were defective before accepting them, or the Buyer himself has caused the defect.
Article 3 Complaint Resolution
3.1 The Buyer is entitled to lodge a complaint regarding defective Goods within 24 (twenty-four) months of the purchase. If a defect occurs within 6 (six) months of the purchase, it is assumed that the item was defective already at the time of its purchase.
3.2 The warranty period begins from the date of the takeover of the Goods by the Buyer.
3.3 The warranty period is set for each type of Goods. The warranty period is extended when Goods are in repair under the warranty. In the event that Goods have exchanged, a new warranty period begins.
Article 4 Other rights and obligations
4.1 The Seller’s liability for defects does not apply to the normal wear and tear that may appear in the normal course usage of the Goods; those Goods that are sold at a discount due to their defect and which constituted the reason for the discount; for the used Goods with a defect that were caused by the normal wear and tear as a result of its usage and which existed at the time of the takeover by the Buyer, or if they existed due to the nature of the Goods.
4.2 At the request of the Buyer, the Seller is obliged to provide the warranty card. If the nature of the Goods permits, it may suffice to issue a proof of purchase instead of the warranty card containing data that would otherwise have been stated in the warranty card. The warranty card must include name, surname, name or business name of the Seller, its registered office, if it is a legal person or a place of residence if it is a natural person. If more than a statutory guarantee is provided, the Seller determines the terms and extent of the warranty in the warranty card.
4.3 The Buyer is entitled to withdraw from the Agreement in all cases prescribed by the law. Withdrawal is valid from the moment when the Buyer's notice of withdrawal is served to the Seller, provided all the necessary legal conditions have been met. In the event of withdrawal from the Agreement, the Agreement is canceled in its entirety and both parties are obliged to return everything they have received on the basis of the Agreement. In the event of cancellation of the Agreement and in light of the rights arising from of the liability for the defective Goods, the Buyer will return a part of the Goods provided by the Seller only to the extent that is objectively possible in the given situation.
Article 5 Settlement of Complaints
5.1 In the event that the Buyer assumes his right to demand the repairs of the defective Goods under the warranty, for the purposes of warranty repairs, the designated legal entity will be distinct from the Seller, whether or not the registered office of the repair business is in the same place as the Seller or at another address nearest to the Buyer; the Buyer shall be entitled to the repairs under the warranty at the business mentioned in the warranty card.
5.2 Claims by the Buyer, including the claim for rectifying the defective goods, shall be settled by the Seller within a reasonable time. Should the Buyer proceed with the claim, it shall be settled without an undue delay and no later than 30 days after the date when the claim was made and if the Seller does not agree with the Buyer for a longer period of time. At the end of this period, the Buyer will be entitled to the same rights that would result from the material breach under the Agreement.
5.3 The time limit for handling Complaints will be suspended if the Seller has not received all the necessary documents. The Seller is obliged to request the Buyer to supply all the required documentation within the shortest possible time. The deadline will commence from that date up until the Buyer has provided all the requested documentation.
5.4 In the event when the Goods need to be sent to the Seller or to another designated party, the Buyer is obliged to post the Goods properly wrapped and label the package appropriately to indicate that there are fragile Goods in the package.
5.5 Upon completion of handling of the Complaint the Seller or a designated party shall indicate to the Buyer when to take over the repaired Goods.
5.6 If the Buyer fails to accept the Goods within 30 (thirty) calendar days from the date of settlement of the Complaint, the Seller is entitled to charge a storage fee of CZK 20 for each delayed day in the case of the Goods being sized up to 0.1 m3 in volume; for larger Goods, this amount will be increased by CZK 20 for each 0.1 m3. After 6 (six) months the Seller is entitled to sell the Goods and obtain funds which would be used to first settle all expenses that the Buyer will have incurred, the remaining part will be credited to the Buyer’s bank account.
5.7 The right to claim the warranty shall expire in case of improper installation or improper usage of the Goods, as well as in the case of unprofessional handling, in particular, when using the Goods in conditions that would be unsuitable for their characteristics indicated in the relevant documentation.
5.8 In case of withdrawal from the Agreement or a discount, the relevant payment shall be returned to the Buyer by bank transfer.
Article 6 Final provisions
6.1 This Complaint Procedure is a part of the T&Cs.
6.2 This Complaint Procedure became effective on April 30, 2014.