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Complaints Procedure
General Clauses
The Complaints Procedure is an integral part of the General Terms and Conditions of the Seller UBC Ltd., VAT CZ27146987, with its registered office at Mělnická 87, 250 65 Bořanovice, registered in the Commercial Register kept by the Municipal Court in Prague in Section C, Insert 99842, and describes the procedure for filing a complaint about products purchased from the Seller.
This Complaints Procedure was prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "Act") and applies to consumer products (hereinafter referred to as the "Goods") for which the Buyer's rights under liability for defects (hereinafter referred to as the "Complaints") are exercised during the warranty period.
A consumer is any person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a contract with a business or otherwise deals with a business.
The customer of our online shop is either a consumer Buyer or a Buyer who acts within the scope of his/her trade or other business activity when concluding and performing a contract.
Defects of Goods
The Seller shall be liable to the Consumer that the item is defect-free upon receipt. In particular, the Seller shall be liable to the Consumer that at the time the Consumer accepted the item,
- the item has features agreed between the parties and, in the absence of an agreement, such features as the Seller or the Manufacturer described or the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by the Seller,
- the item is appropriate for the purpose stated by the Seller or for which an item of this kind is usually used,
- the item corresponds in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
- the item is in an appropriate quantity, measure or weight, and
- the item complies with the legal requirements.
Defective Products and Consumer Rights
If the item lacks the aforementioned features, the Consumer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the Consumer may only demand the replacement of the part; if this is not possible, the Consumer may withdraw from the contract.
However, if this is unreasonable in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the Consumer has the right to have the defect remedied free of charge.
The Consumer has the right to have a new item delivered or a part replaced even in the case of a removable defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the Consumer also has the right to withdraw from the contract.
If the Consumer does not withdraw from the contract or does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, the Consumer may claim a reasonable discount. The Consumer is also entitled to a reasonable discount if the Seller is unable to deliver a new item without defects, replace a part of the item or repair the item, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer significant difficulties.
The Buyer is not entitled to the right of defective performance if the Buyer knew before acceptance of the item that it is defective of if the Buyer himself caused the defect.
Deadlines
The consumer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
The warranty period begins upon receipt of the goods by the Customer. The warranty period for the Buyer/Consumer is 24 months, but for the Buyer who is acting in the course of his trade or other business in concluding and performing the contract, the warranty period is 12 months only. The warranty period shall be extended by the period during which the goods have been under warranty repair.
Other
The Seller's liability for defects does not apply to wear and tear caused by normal use. In the case of an item sold at a lower price, it shall apply to the defect for which the lower price was agreed, in the case of a used item to the defect corresponding to the degree of use or wear and tear the item had when it was taken over by the Buyer, or if this results from the nature of the item.
At the Consumer's request, the Seller is obliged to provide the Consumer with written confirmation of the obligations arising from the defective performance to the extent provided by law (warranty certificate). If the nature of the item so permits, it is sufficient to issue the Buyer with a proof of purchase of the item containing data (invoice) instead of the warranty certificate, which must contain the same data as the warranty certificate. The warranty certificate must contain the name and surname, the name or business name of the Seller, the registration number, the registered office if it is a legal person or the place of residence if it is a natural person. If a warranty longer than the statutory warranty is provided, the Seller shall specify the terms and extent of the extension of the warranty in the warranty certificate.
Complaint Processing
In the event that the Buyer uses his right to require the removal of defects in the goods by repair and in the warranty certificate, for the purpose of warranty repairs of the Goods is designated entrepreneur other than the Seller, whose registered office or place of business is in the same place as in the case of the Seller or in a place closer to the Buyer, the Buyer shall exercise the right to warranty repair at the entrepreneur specified in the warranty certificate. This information can be found, where applicable, in the document replacing the warranty certificate.
The claim, including the rectification of the defect, must be settled without undue delay, latest within 30 daysfrom the date of the claim, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the Buyer shall be entitled to the same rights as if it were a material breach of contract.
The time limit for the settlement of claims is suspended if the Seller has not received all the documents necessary for the settlement of the claim (parts of the goods, other documents, etc.). The Seller is obliged to request the completion of the documents from the Buyer as soon as possible. The time limit is suspended from this date until the Buyer delivers the requested documents.
The right to claim the warranty shall expire in the event of unprofessional assembly or unprofessional commissioning of the goods, as well as in the event of unprofessional handling, i.e. in particular in the event of using the goods in conditions that do not correspond to the parameters specified in the documentation for the goods.
In the event of withdrawal from the purchase contract or the granting of a discount on the purchase price, the relevant payment shall be refunded to the Buyer by transfer to a bank account or handed over in cash at the cash desk at the company's registered office or at one of the premises.
Quantity differences and confusion of goods
Complaints regarding the volume of delivery of goods and mechanical damage (i.e. quantity differences, confusion of goods, etc.) will be accepted by the sales representative handling your order within 48 hours of receipt of the goods.
Contact:export@ubc-group.cz
Quality defects
Complaints for quality defects are only accepted in writing within the relevant warranty period upon presentation of proof of purchase or a duly completed warranty card.
To file a complaint, please fill in and submit the following complaint report: COMPLAINT REPORT
and follow up by sending it to reklamace@ubc-group.cz
- When completing the complaint report, please pay extra attention to the description of the defect, the most accurate description will speed up the complaint.
- A claims representative will contact you within 24 hours on business days to assign you a claim number and send you instructions on how to proceed.
- The claim number in the format R XXX XX is important for communicating your claim in order to speed up the processing, to avoid confusion and to keep each other informed of the status of the various claims.
- After assigning a complaint number (unless otherwise instructed by the technician), send the product to UBC s.r.o., Logistics Centre Ovčáry, Ovčáry 322, 280 02 Ovčáry
- We will try to resolve the complaint as soon as possible and will keep you informed.
- The product you send back must be properly packed and marked with the complaint number with a copy of the complaint report.
Complaint procedure: handing over in person at the Ovčáry branch
- Personal delivery to the Ovčáry branch.
- Immediate replacement or repair with direct consultation of the complaint technician (within working hours).
- Acceptance of the complaint with assignment of a complaint number and processing within the proper warranty period.
UBC s.r.o. is not liable for any damage or loss of goods during transport, unless the company provides the transport itself. Please check the delivered goods carefully when receiving them from the carrier. Do not accept a shipment that shows signs of damage.
If the goods are damaged, although the packaging was intact when you received the parcel, you should inform either the carrier or our company as soon as possible.
Contact Information:
UBC s.r.o.
Logistické centrum Ovčáry, Ovčáry 322, 280 02 Ovčáry
email: reklamace@ubc-group.cz