Company Vetako sro, Company Identification Number: 04499131 Tax Identification Number: CZ04499131, with its registered office at Pod Bučinou 319, 252 03 Řitka, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 248596 (also referred to as "Vetako.cz", "sharpeningtool. eu "or" Seller ") the object of the business is production, trade and services not listed in appendices 1 to 3 of the Trade Licensing Act.
I. General provisions
The Complaint Procedure Code was elaborated in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "NOZ") and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as the "Act" (hereinafter referred to as "Goods") for which the buyer's rights under the liability for defects (hereinafter referred to as "Claims") are applied during the warranty period.
The Complaints Procedure is an integral part of the General Terms and Conditions. By signing the Purchase Agreement, the Buyer agrees to the General Business Terms and Conditions and to this Complaint Procedure and confirms that he / she is properly acquainted with them.
The customer of the internet shop "Vetako.cz", "sharpeningtool.eu" is either Buyer-consumer within the meaning of Section 2 (1) a) of Act No. 634/1992 Coll. (hereinafter referred to as the "Buyer-consumer") or the buyer-entrepreneur who acts in the course of his / her business activity (hereinafter referred to as the "Buyer-entrepreneur"). Buyer-consumer and Buyer-entrepreneur are collectively referred to as "Buyers".
The Seller acts in the course of its business activity when concluding and fulfilling the purchase contract. Seller is an entrepreneur who delivers products or services to the Buyer directly or through other entrepreneurs.
II. Seller's liability
Seller is liable to the Buyer for the Goods to have no defects. In particular, the Seller replies that at the time the Buyer took over:
the property has properties negotiated by the parties and, in the absence of an arrangement, such features as the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and the advertising they make,
the thing is appropriate for the purpose for which the Seller indicates or to which the thing of its kind is normally used,
the matter corresponds to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original,
is the thing in the appropriate quantity, degree or weight and,
the case complies with legal requirements.
To the Goods a tax document is attached and to some products a warranty card. If a Warranty Certificate is not attached to the Goods, a tax document is used to claim the claim.
III. Rights of Liability for Goods defects
Appropriate damage to the Goods or its packaging at delivery must be promptly resolved with the carrier and an irregularity in the delivery note (shipping slip). The Buyer is not obliged to accept such Goods from the carrier and informs the Seller about the damage identified without undue delay. On the day of receipt, the Buyer will properly check the integrity of the Goods and the completeness of their accessories.
Upon personal purchase by the Buyer, the moment of taking over the Goods is the moment of transition of the risk of damage to the Goods from the Seller to the Buyer. If the Purchaser fails to take a look at the takeover, he may claim the defects found during this inspection only if he proves that these defects (such as missing accessories) had goods already at risk of damage to the Goods at the time of transition. Subsequent Claims of Incompleteness of Goods or External Damage Goods do not exempt the Buyer from doing so. However, the seller has the ability to prove that there is no conflict with the sales contract.
Goods can be claimed by the Buyer-Consumers in person or the goods can be dispatched by the transport service to: Jasmínová 520, 252 42 Jesenice.
In the event that the Buyer-Consumer exercises his right to require the removal of the defects by repair, and in the warranty card, for the purposes of warranty repairs, the Goods designated by the entrepreneur are different from the Seller whose registered office or place of business is in the same place as the Seller or Buyer's Place next, the Buyer may exercise the right of a warranty repair on the entrepreneur mentioned in the warranty card and thus expedite the settlement of his claim.
The right to repair the product can also be claimed in the authorized service, the Goods may be delivered by the Buyer in person or by transport service. The list of authorized dealers is provided on the warranty card or the Seller will provide it to the Buyer upon request.
In the event of the Buyer sending the Goods to the Seller or the Service Center by the shipping service, he or she should, in his / her own interest, pack the Goods complained of into a suitable and sufficiently protective packaging material meeting the transport requirements so as not to damage it during transportation. For fragile Goods he should mark the consignment with the appropriate symbols. The consignment should include the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the defect complained of and the correct contact details of the Buyer.
The Buyer is required to show in a demonstrable manner that the Goods have been purchased in the Vetako.s.r.o internet shop or shop. The original is a proof of purchase of the Goods or a properly filled warranty card.
Rights of liability for defects in Goods are not particularly applicable to cases where a defect or damage has arisen:
mechanical damage to the Goods
demonstrably unlawful interference with the instrument, natural disaster, mechanical damage, or removal or damage to the seals in the event that the Goods are provided with seals,
electrical overvoltages (visible burnt components or printed circuit boards), except for normal deviations,
proven by improper use,
use contrary to the instructions for use or instructions on the packaging or warranty certificate,
use contrary to generally known usage rules,
proven by use in conditions which do not correspond to their temperature, dustiness, humidity, chemical and mechanical effects of the environment directly determined by the manufacturer or which clearly arise from the nature of the matter,
demonstrably unprofessional installation and operation,
if the warranty card submitted shows clear indications of the changes made to the data or if the Goods is a different serial number than the one shown on the warranty card.
The seller's liability for defects does not apply to wear and tear caused by the usual use, for Goods sold at a lower price for a defect for which the lower price was agreed, for the used Goods for a defect corresponding to the degree of wear or tear used by the Goods upon takeover by the Buyer.
A defect resulting from improper installation or other unprofessional commissioning is considered to be a defect if such assembly or commissioning has been negotiated in the sales contract and executed by the Seller or another person under the responsibility of the Seller.
When the contents of a package or item of purchase of consumables (such as a battery, accumulator, print head, projector lamp) are used, it is usually its normal service life of 6 months, unless expressly stated otherwise. The Buyer's right to claim Goods within the statutory warranty period is not affected. However, the buyer must take into account the fact that the warranty does not apply to the wear and tear of the Goods or its parts caused by the normal use and can not be confused with the lifetime.
For gifts that the Seller provides to the Buyer free of charge under a Purchase Agreement for other Paid Goods, no warranty or liability for defects beyond the scope of the law can be claimed. In case of withdrawal from the purchase contract, the Buyer is obliged to return the Goods, which are provided as a gift, to the Seller in its original condition.
Upon Buyer's request, Seller is required to provide the Buyer with a written confirmation of defective performance obligations to the extent specified by law (warranty certificate). The warranty sheet must include the name or business name, ID and registered seat of the Seller. If the nature of the matter so permits, it is sufficient, instead of the warranty card, to issue to the Buyer a proof of purchase of the Goods containing data as a warranty card. If the warranty period is longer than the statutory warranty period, the Seller will determine the terms and extent of the warranty extension in the warranty card.
IV. Warranty period
The Buyer-Consumer is entitled to exercise the right to a defect that occurs on consumer goods within twenty-four months of receipt of the Goods. If Goods are defective within six months of receipt by the Buyer-Consumer, Goods shall be deemed to have been defective already upon receipt, unless proven otherwise. In the case of the purchase of the already used Goods, the period for exercising the rights from the defective performance is 24 months. For the Buyer-entrepreneur, the warranty period is twelve months.
The warranty period begins with the takeover of Goods by the Buyer. The warranty period is extended by the period for which the Goods were repaired. In the case of replacement of Goods under warranty repairs, the original warranty period continues.
If the Goods purchased are to be commissioned by a business other than the Seller, the warranty period starts running from the date of commencement of the Goods if the Purchaser commissioned the commissioning within three weeks of the receipt of the item and provided the necessary cooperation to the service properly and in a timely manner. Date of commencement of Goods in operation is indicated in the document for placing the Goods into service, which is received by the Buyer. Therefore, the warranty period begins only if all the above conditions are met. If none of them is fulfilled, the warranty period starts running from the date of receipt of the item.
V. Rights of Goods Defects
If the property does not have the properties listed in Seller's Article Liability, the Buyer-Consumer may also require the delivery of new Goods without defects unless it is disproportionate due to the nature of the defect. If a defect affects only a part of the Goods, the Buyer-Consumer may only require replacement of that part, if this is not possible, it may withdraw from the contract. However, if the defect is disproportionate due to the nature of the defect, in particular if the defect can be remedied without undue delay, this is a minor breach of the contract and in such a case the Buyer-consumer always has the right to repair the defect free of charge.
The Right to Deliver a New Goods or Replace a Component has a Buyer-Consumer even in case of a defect that can be remedied if he can not properly use the item for repeated defects after repair or for more defects. In such a case, the Buyer-consumer has the right to withdraw from the contract. Repeated occurrence of a defect after repair is considered to be the same defect that has been removed at least twice in the warranty period and will be recurrent. If the Goods were repaired at least three times for a variety of removable defects before the claim is claimed, it is considered to be suffering from a greater number of defects.
If the Buyer-consumer does not withdraw from the contract or exercise the right to deliver new Goods without defects, to replace their parts or to repair, they may request a reasonable discount. Buyer-consumer has the right to a reasonable discount even if the Seller can not deliver the new Goods without defects, replace its part or Repair goods as well as if the Seller fails to remedy the remedy within a reasonable time or if the remedy provoked significant difficulties for the buyer - the consumer.
The right to defective performance of the Buyer does not belong if the Seller of the Purchaser, prior to the receipt of the Goods, has pointed out that the Goods have a defect or if the Buyer has caused the defect himself.
The Buyer-Consumer is entitled to withdraw from the contract in all cases specified in the NOZ and the Act. Withdrawal is effective against the Seller at the time when the Buyer-Consumer's Declaration of Withdrawal is handed over or delivered to it, provided that all legal conditions pursuant to §2001 et seq. NOZ In the event of withdrawal from the contract, the contract is canceled from the outset and the contracting parties are obliged to return everything they have provided on the basis thereof.
In the event of withdrawal, Buyer is obliged to return to the Seller complete Goods including all accessories.
If a defect of goods has been sold as used or sold at a discount taking into account its inferior quality at the time of sale, the Buyer-consumer shall have the right to a fair discount instead of the right to exchange the Goods.
VI. Claims handling
Buyer-consumer claims must be processed without any unnecessary delay, no later than 30 days from the date of claim, unless the Seller and Buyer-Consumers agree for a longer period. The deadline for settling a claim begins on the day following the claim in accordance with § 605 of the NOZ. Upon expiry of this period, the Buyer-Consumers are granted the same rights as would be a material breach of contract. The 30 day period is not binding on the Buyer-entrepreneur.
The buyer-consumer may be interested in the outcome of the claim either at the address of the claimant or from the customer's telephone line.
The buyer is obliged to provide the Seller, or an authorized service center, with all the assistance to verify the existence of the defect claimed and to remove it (including testing or dismantling the product). Buyers are required to deliver Clean Products in accordance with hygiene regulations and general hygiene principles, including all parts and accessories.
The Buyer is obliged to hand over the Goods to the Complaint Procedure. We also recommend that you attach a copy of the sales receipt, a detailed description of the defect and full contact details (address, phone, e-mail). In the event that the Buyer fails to deliver the Goods completely and completeness is necessary to determine the existence of the defect complained of and / or to remove it, the time limit for settling the claim begins with the delivery of the missing parts.
The Seller is not responsible for Buyer's data and information stored on hard disks, memos, or other information carriers that are part of the Goods for Claims, or for any loss of such data and information upon receipt of Goods for Complaint.
When claiming, the Buyer will receive a written confirmation - a complaint protocol that serves as evidence for the settlement of the claim. The buyer is required to enter all the required data when writing the complaint log, the completeness and accuracy of which is confirmed by the signature of the complaint protocol. In the complaint log is information about when the claim was made, what its content is, and how the complaint is handled by the Buyer-consumer. If the Buyer-Consumer has sent a product to the complaint handling service, he will receive the complaint report by e-mail.
The buyer-consumer has the right to reimbursement of the expense of the claim, which is considered the lowest possible. This is especially the postage for sending the claimed Goods. Buyer-consumer must reimburse these costs without undue delay, but no later than one month after the end of the period for exercising the rights of defective performance.
VII. Refusal to accept the claim
The Seller is entitled to refuse to accept the Goods into a claim if the Goods are dirty or contaminated by its components.
The Seller may also reject the Goods claim if the Goods are not handled in accordance with hygiene regulations and general hygiene principles.
For reasons of security when carrying Goods and other handling, the Seller is entitled to refuse Goods claim even if it is not removed from engine oil and gasoline.
VIII. Pickup Goods from warranty repairs
Once the claim has been settled, the Seller informs the Buyer either by SMS, by e-mail or by telephone. If the Goods were sent by the shipping service, they will be sent to the Buyer's address after processing.
Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the claim, the confirmation of the repair and the duration of the claim, or the reason for the refusal of the complaint.
In the event of non-recovery of the claimed Goods from the Warranty Repair within 2 months from the expiration of the warranty repair period, the Purchaser is obliged to pay the Seller a storage fee of CZK 50 for each commenced day of delay with the pickup of the Goods.
Upon delivery of the Goods upon the settlement of the claim, the Buyer is obliged to submit the document, which he received at the receipt of the Goods in the complaint, he must prove his identity.
This Complaints Procedure becomes effective and effective on April 22, 2015 and replaces any previous wording. Changes to the Claim Rules are reserved.
Complaint procedure valid until April 21, 2015
This Complaint Procedure Code was prepared in accordance with the provisions of Act No. 89/2012 Coll., Civil Code and z.č. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the "Act"), and applies to consumer goods (hereinafter referred to as "Goods") in respect of which the Buyer's rights under the Guarantee hereinafter referred to as "Complaints").
A consumer is any person who, outside the scope of his / her business or outside the framework of the independent exercise of his / her occupation, concludes an agreement with or deals with the entrepreneur.
Vetako sro, company ID: 04499131 Tax Identification Number: CZ04499131, with its registered office at Pod Bučinou 319, 252 03 Řitka, registered in the Commercial Register at the Municipal Court in Prague, Section C, Entry 248596, is the person who, when concluding and fulfilling the contract business or other business activity. It is an entrepreneur who delivers products or services to the Buyer directly or through other entrepreneurs.
The customer of our online business is either the Buyer Consumer or the Buyer, who, when concluding and performing the contract, acts in the course of his business or other business activity.
The seller replies to the consumer that the item has no defects when taken over. In particular, the seller replies to the consumer that, at the time the consumer took over,
the property has properties negotiated by the parties and, in the absence of an arrangement, such properties as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
the thing is suitable for the purpose which the seller indicates or to which the thing of its kind is usually used for its use,
the matter corresponds to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original,
is the thing in the appropriate quantity, degree or weight and
the case complies with legal requirements.
Rights of Goods Defects
If the property does not have the above characteristics, the consumer may also require the supply of a new item without defects if this is not disproportionate due to the nature of the defect, but if the defect only affects the part of the item, the consumer may only require replacement parts; if this is not possible, it can withdraw from the contract.
However, if the fault is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall be entitled to a free removal of the defect.
The consumer is entitled to a new item, or to a replacement, even if a defect can be remedied if the item can not be properly used for repeated defects after repair or for more defects. In such a case, the consumer has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace his part or to repair the item, he may require a reasonable discount. The consumer has the right to a reasonable discount even if the seller can not deliver a new thing without defects, replace the item or repair it, as well as if the seller fails to remedy the remedy within a reasonable time or that the remedy for the consumer would cause considerable difficulties.
The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.
The consumer is entitled to claim the right to a defect that occurs with consumer goods within twenty-four months of the takeover. If a defect occurs within six months of the takeover, the matter is deemed to have been defective at the time of its takeover.
The warranty period begins with the takeover of Goods by the Customer. The warranty period for the Consumer's Buyer is 24 months, but for the Buyer, who acts in the course of his business or other business, when he concludes and performs the contract, the warranty period is only 12 months. The warranty period is extended by the period during which the Goods were in the warranty repair. In the event of a replacement, a new warranty period begins.
Seller's liability for defects does not apply to the wear and tear of a thing caused by its usual use, the item sold at a lower price for a defect for which the lower price has been agreed, the defect used for the used item corresponds to the degree of wear or tear that the item had when taken over by the buyer; if it arises 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 of defective performance to the extent stipulated by the law (warranty certificate). If the nature of the matter so permits, it is sufficient, instead of the warranty card, to issue to the Buyer proof of purchase of the item containing the data (invoice), which must contain the data as a warranty card. The warranty card must include the surname and surname, the name or business name of the Seller, its registered office, if it is a legal person or a domicile if it is a natural person. If more than a statutory warranty is provided, the Seller will determine the terms and extent of the warranty extension in the warranty card.
The consumer is entitled to withdraw from the contract in all cases specified by the Act. Withdrawal from the Buyer is effective from the moment when he receives a Buyer's notice of withdrawal, provided that all necessary legal conditions are met. In the case of withdrawal from the contract, the contract is canceled from the outset and the contracting parties are obliged to return everything they have provided on their basis. In the event of cancellation of the contract due to the exercise of the rights resulting from the liability for defects, the Buyer returns the performance provided by the Seller only to the extent objectively possible in the given situation.
In the event that the Buyer assumes his right to require the removal of defective goods by repair and warranty certificate, the designated entrepreneur is for the purposes of warranty repairs different from the Seller whose registered office or place of business is in the same place as the Seller or at the Buyer's nearest location, the Buyer shall apply the right to a warranty repair with the entrepreneur listed in the warranty card. This information may be found in the document that replaces the warranty card.
The buyer is entitled to require warranty repairs at authorized service centers, the list of which is enclosed with the Goods documentation, or the Seller will notify the Buyer if requested.
Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of claim submission, unless the Seller and the Buyer agree for a longer period. Upon expiry of this period, the Buyer is granted the same rights as a substantial breach of contract.
The deadline for settling complaints is suspended if the seller has not received all the documents needed to handle the claim (part of the goods, other documents, etc.). The seller is required to request the addition of the materials from the buyer in the shortest possible time. The time limit is suspended from this date until the buyer has provided the requested documents.
In a situation where the Goods need to be dispatched to the Seller or the Service Center, the Purchaser shall, in his / her own interest, lead the Goods to be packed in suitable and sufficiently protective packaging material meeting the requirements of the shipment of the fragile Goods, including all accessories, and marking the consignment with the relevant symbols.
The Service Center after proper handling of the Claim will prompt the buyer to take over the repaired goods.
The claim for warranty expires in the event of inappropriate assembly or improper commissioning of the Goods as well as in improper handling, ie in particular when using goods under conditions that do not match their parameters with the parameters stated in the goods documentation.
In the event of withdrawal from the purchase contract or the granting of a discount on the purchase price, the relevant payment is returned by the Buyer by transfer to the bank account or transferred in cash at the cash desk at the registered office of the company or at one of the premises.
These Complaints Rules become effective on January 1, 2014. Changes to the Complaint Rules are reserved.