Complaints rules

COMPLAINTS RULES

These complaints rules govern the rights and obligations between the seller, the company ORIENTAL.cz, s.r.o., with its registered office at Výškovická 3085/2, Ostrava 30, 700 30, IČO: 285 95 378, hereinafter referred to as the “seller”, on the one hand, and the buyers on the other. All legal relations between the seller and the buyer are governed by the legal system of the Czech Republic. These complaints rules specify the rights and obligations for buyers who act in relations with the seller as consumer buyers (hereinafter referred to as the “consumer” or “buyer”), where the consumer buyer is defined in Section 419 of Act No. 89/2012 Coll., the Civil Code. When resolving a consumer complaint, the procedure is in accordance with these complaints rules, Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on consumer protection and related legal regulations.

RIGHT TO MAKE A COMPLAINT

1.1. A buyer who is a legal entity and also a natural person who places an order in connection with his/her self-employed activity is considered an Entrepreneur for the purposes of these Complaints Procedure. A buyer whose orders significantly exceed the quantity usual for normal use is also considered an Entrepreneur.

1.2. Goods that are defective upon receipt by the buyer, as well as goods that are defective after receipt during the warranty period (with the exception of cases specified in the Civil Code), may be subject to a complaint. The buyer must make a complaint without undue delay immediately after the defect is discovered. In the case of goods delivered to the buyer via a transport company, where the defect occurs at the time of receipt, the buyer shall exercise his/her right to make a complaint about this defect with the seller or directly with the transport company. The Buyer is entitled to similarly file a complaint with the Seller regarding a defect that occurred in the goods in connection with their transport at the time of their acceptance.

1.3. A complaint may be filed for defects that occurred during the warranty period and were demonstrably due to a manufacturing error, technological process, or other facts stipulated by law.

1.4. The goods being complained about must be cleaned, free of all impurities and in accordance with hygiene regulations or general hygiene principles. Otherwise, the complaint may be rejected.

1.5. Buyers who are also Entrepreneurs do not have rights arising from these complaints procedures that exceed the rights stipulated in the relevant legal regulations.

PLACE AND CONDITIONS FOR FILING A COMPLAINT

2.1. A complaint about a defect in the goods that arose during the warranty period can be made according to the conditions described in these Complaints Procedures at the seller's premises, namely:

a) in person,

b) by sending by post or by another carrier (the goods cannot be delivered to the delivery point of the contractual carrier; for technical reasons, such delivery cannot be considered as the initiation of a complaint).

2.2. When settling a complaint by sending, the buyer is obliged to send the completed Complaint Report together with the goods and prove that the goods were purchased from the seller.

2.3. The buyer proves the purchase of the goods with a sales receipt or warranty certificate.

2.4. The buyer must clearly define or describe the defect that is the subject of the complaint in the Complaint Report.

2.5. The Buyer is obliged to comply with generally known rules when using the goods and also the conditions set out in the warranty certificate or instructions for use and must not break the seals if the goods are sealed. In case of failure to comply with these conditions, the complaint cannot be accepted.

2.6. The Seller is not liable for defects for which the Buyer was provided with a discount on the price of the goods upon receipt.

SELLER'S LIABILITY

3.1. When selling the goods to the Buyer, the Seller is liable that:

1) the goods have the appropriate quality, quantity, measure and weight that were declared by the Seller (the quality guarantee is not provided to Entrepreneurs);

2) the goods are free from defects and comply with the relevant standards.

3.2. The Seller is liable for defects that the sold goods have upon receipt and towards consumers also for defects that occur after receipt of the goods during the warranty period.

3.3. The Seller is not liable for defects that have arisen after the goods have been taken over during the warranty period as a result of:

1) wear and tear of the item caused by its normal use;

2) improper storage (temperature, humidity) or processing;

3) unprofessional assembly or other unprofessional putting the item into operation, not agreed in the purchase contract;

4) improper use of the item or unprofessional intervention or mechanical damage to the item;

5) neglected or improper maintenance of the item.

3.4. The employee of the complaints department will decide on the complaint within thirty working days. This period does not include the time needed for a professional assessment of the defect (Section 19, paragraph 3 of the Consumer Protection Act).

COMPLAINT LIMITATIONS

4.1. The Buyer, with the exception of the Entrepreneur, is entitled to make a complaint within 24 months of the buyer's receipt of the goods. In the event of a complaint being settled by exchanging the goods for new ones, the period for making a complaint for new goods is not automatically extended or a new period runs.

4.2. However, if a period for using the goods is indicated on the item being sold, its packaging or the instructions attached to it, the warranty period ends upon the expiry of this period.

4.3. The period from the exercise of the right of liability for defects until the time when the Buyer was obliged to take over the item after the repair is completed is not included in the warranty period.

4.4. Rights of liability for defects of an item for which the warranty period applies shall lapse if they have not been exercised within the warranty period.

4.5. If a defect becomes apparent within one year of receipt, the item is deemed to have been defective upon receipt. This provision does not apply to Entrepreneurs.

REMOVABLE DEFECTS

5.1. If the defect is removable, the buyer has the right to have it removed free of charge, in a timely manner and properly. The seller is obliged to remove the defect without undue delay. If this is not disproportionate given the nature of the defect, the buyer may request the replacement of the item, or if the defect only concerns a part of the item, the replacement of that part. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the purchase contract.

5.2. If the defects are removable, but the buyer cannot use the item properly due to the recurrence of the defect after repair or due to a large number of defects, the buyer has the right to replace the item or withdraw from the purchase contract. The reoccurrence of a defect after repair occurs when the same defect, which has already been removed at least twice during the warranty period, occurs again. The same defect can be said to occur in a situation where the defect has the same manifestations in the properties of the item, but it is not important how the defect was removed. The same defect is not the case if a defect other than the one complained about appears on the item after the previous repair.

IRREMOVABLE DEFECTS

6.1. If the defect is one that cannot be removed and prevents the item from being used properly as a defect-free item, the buyer has the right to exchange the item or has the right to withdraw from the purchase contract.

6.2. If the defect is other than a defect that cannot be removed (which does not prevent the item from being used properly as a defect-free item) and the buyer does not request an exchange of the item, the buyer has the right to a reasonable discount on the price of the item or may withdraw from the purchase contract.

6.3. Defects in food, fruit and vegetables are considered to be irremovable.

COMPLAINT SETTLEMENT

7.1. The complaint must be settled in one of the ways specified by law no later than 30 days from the date of the complaint, unless a longer period has been agreed. After this period has expired, the buyer has the same rights as if it were a defect that cannot be removed (Section 19, paragraph 3 of the Consumer Protection Act). The buyer is entitled to indicate his preferred method of settling the complaint.

7.2. If no deadline for settling a complaint has been agreed between the buyer and the seller, the buyer is entitled to collect the object of the complaint no later than the 30th day from the date of filing the complaint.

7.3. The buyer is also obliged to collect the object of the complaint no later than one month from the 30th day from the date of filing the complaint, or within one month from the expiry of the period agreed between the buyer and the seller for settling the complaint.

7.4. In the event that the complaint is not collected even after the expiry of one month from the 30th day from the date of filing the complaint by the buyer, the seller is entitled to charge the costs associated with storing the object of the complaint for each day for the period from the day following the expiry of one month from the 30th day from the date of filing the complaint until the moment the object of the complaint is collected by the buyer. The price for storing the object of the complaint will be determined based on the price for storage customary in the given place and time.

SELLER'S NOTICE

8.1. The Seller points out that the Buyer may find more detailed provisions on the exercise of his rights in the Civil Code.

8.2. We consider a defect to be anything that does not correspond to the qualitative definition of the goods resulting from the purchase contract. On the contrary, a defect cannot be considered a case where the product reaches the end of its service life as a result of use or normal wear and tear proportional to the length and method of use.

8.3. At the request of the Buyer, the Seller is obliged to provide a written warranty; if the nature of the item allows it, it is sufficient to issue the Buyer with a document confirming the purchase of the item (containing the name and surname, the name or business name of the Seller, its identification number, the registered office of a legal entity, or the residence of a natural person) instead of a warranty certificate.

8.4. The Seller may provide a warranty exceeding the scope of the warranty period specified in the law; The seller shall specify the conditions and scope of the warranty extension in the warranty certificate.

8.5. Failure to comply with the obligations relating to the issuance of the warranty certificate shall not affect the validity of the warranty.

8.6. If necessary with regard to the warranty provided, the seller shall explain the content of the warranty provided in the warranty certificate, state its scope, conditions, validity period and the manner in which claims arising from it may be asserted.

8.7. If a period for the use of the item is indicated on the item being sold, its packaging or the instructions attached to it in accordance with special legal regulations, the warranty period shall end upon the expiry of this period.

8.8. The warranty shall not apply to wear and tear of the item caused by its usual use, nor to defects for which a lower price has been agreed.

8.9. In the case of used items, the seller shall not be liable for defects corresponding to the degree of use or wear and tear that the item had when it was taken over by the buyer.

COMPLAINT COSTS, FINAL PROVISIONS

If the complaint is recognized as justified, the buyer has the right to reimbursement of the reasonably incurred costs associated with the exercise of his right. In the event that the seller rejects the complaint as unjustified, the buyer, or both parties, after agreement with the seller, may contact a court expert in the field and request the preparation of an independent professional assessment of the defect.

General Terms and Conditions: here

Complaints Procedure valid from 6. 1. 2023