This Complaint Procedure applies to the sale of goods by U.S. REST AND SHOP, LLC, org. component, ID No.: 28508271, with its registered office at Veselská 699, 199 00 Prague 9 (hereinafter referred to as the "Seller").
The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the item:
the goods have the characteristics agreed between the parties and, in the absence of such an agreement, those described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the seller's and/or the manufacturer's advertising;
the item is fit for the purpose for which the seller states it is to be used or for which an item of that kind is usually used;
the item is in the appropriate quantity, measure or weight;
the item complies with the requirements of the law.
The buyer is obliged to check the goods received, their completeness and the integrity of the packaging upon personal receipt from the seller.
The Buyer is obliged to properly check the condition of the goods being taken over, their completeness and the integrity of the packaging upon receipt from the carrier, according to the delivery note.
Method of making a claim
The Buyer's rights arising from defective performance (hereinafter referred to as "claim") must be exercised in accordance with these Claims Procedure.
The Buyer has the right to make a claim with the Seller at any of the Seller's premises at the Seller's registered office.
The Seller is obliged to ensure the presence of an employee authorised to receive complaints at all times during business hours.
The Buyer shall have the right to lodge a claim with the person designated in the relevant warranty and/or tax document, if the designated person is at the Seller's location or at a location closer to the Buyer.
The Buyer is obliged to prove the date of purchase of the goods in question, in particular by presenting the relevant tax receipt and/or warranty certificate or in any other credible way.
The Buyer shall not be entitled to claim for a defect that has been complained of in the past, provided that a reasonable discount has been granted on the purchase price of the goods.
Time limits for making and settling a claim
If the Seller has provided a guarantee for quality in excess of the statutory obligations (in particular the statutory time limit), the claim shall be governed by this Claims Procedure, unless the guarantee certificate or the contract provides otherwise.
The period for making a claim begins on the date of receipt of the goods by the buyer, which is indicated on the tax receipt or on the warranty certificate or other such document.
The warranty period for consumers is 24 months for new goods.
The Seller shall provide a warranty to a Buyer who is not a consumer (i.e. for a business) if this is expressly stated for the goods.
In the case of consumer goods, the Buyer shall be entitled to exercise the right of defects only until the date marked on the packaging of such goods, if this period is shorter than the period specified in paragraph 3.3 of this Complaints Procedure.
The Buyer shall be obliged to claim the goods without undue delay after discovering that the goods are defective. The Seller shall not be liable for any increase in the extent of the damage if the Buyer uses the goods although he is aware of the defect.
If the buyer makes a legitimate claim, the period for making a claim does not run for the period during which the goods are under repair and the buyer cannot use them.
The seller is obliged to decide on the complaint immediately, in more complex cases within 3 working days. The time required for a professional assessment of the defect is not included in this time limit. The Seller is obliged to issue the Buyer with a written confirmation stating the date and place of the claim, the characteristics of the claimed defect, the requested method of settlement of the claim and the manner in which the Buyer will be informed of its settlement. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract. The seller is obliged to confirm to the buyer in writing the method of settlement of the complaint and the duration of the complaint. The Buyer is not entitled to change the method of handling the complaint once chosen without the Seller's consent, except if the chosen method of handling cannot be implemented at all or in time.
If the claim is deemed justified, the Buyer is entitled to reimbursement of the costs reasonably incurred in connection with the claim.
If the complaint is resolved by replacing the goods, the time limit for exercising the rights arising from the defective performance shall not be renewed, but the time limit of the goods complained of shall continue to run.
Exceptions to liability for defects
The seller is not liable for defects in the goods in the following cases:
if there is a defect in the goods at the time of acceptance and a discount on the purchase price is agreed for such defect;
it is caused by the Buyer and is caused by improper use, storage, improper maintenance, intervention of the Buyer or mechanical damage to the goods;
the defect in the goods is due to wear and tear caused by normal use or is due to the nature of the goods;
if the goods are second-hand and the defect corresponds to the level of use or wear and tear that the goods had at the time the buyer took delivery of the goods;
mechanical damage to the goods;
the defect is caused by improper installation, handling, operation or neglect of the goods;
unqualified intervention or alteration of parameters;
use of the goods in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment intended by the seller or the manufacturer;
damage due to force majeure;
In relation to the fulfilment of the obligation pursuant to §14 of Act No. 634/1992 Coll., the Seller shall inform the Buyer of the possibility to use the Czech Trade Inspection Authority (www.coi.cz), which is a notified body for out-of-court settlement of consumer disputes listed by the European Commission, for any out-of-court settlement of consumer disputes.
This Complaints Procedure shall enter into force on 1 January 2022.