Complaints Procedure
Is there a defect in the purchased goods during the warranty period? Follow the steps below to quickly settle your claim.
If the goods are defective and you have only changed your mind, use the possibility of returning the goods (in accordance with Section 1829 (1) of the Civil Code, the buyer has the right to withdraw from the contract within fourteen (14) days of receipt of goods) terms and conditions point 5. withdrawal from the purchase contract.
How to claim goods
Read these rules carefully to the end.
Make sure that the purchased goods are still under warranty, ie two years have elapsed since the receipt of the goods or the time limit for making a claim for exceptions to the general rules
Fill out the claim form and attach it to the goods. You can find a sample claim form in the Terms and Conditions.
Wrap the goods in suitable and sufficiently protective packaging material
Do not send the COD. Send the shipment to: BE COOL Ltd., Kestřanská 140/4, 143 00, Praha 4
We will inform you as soon as the shipment arrives. We will send you an e-mail with a statement about the settlement of your complaint and suggest another possible procedure (exchange of goods, refund of money, etc.)
Terms & Conditions
This Complaints Procedure applies to a claim for goods purchased from BE COOL Ltd., Kestřanská 140/4, 143 00, Praha 4 and for which the rights of the Buyer for liability for defects are claimed during the warranty period. If the contracting party is a consumer, relations not regulated by the Complaints Procedure Rules are governed by the Civil Code (No. 89/2012 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.).
Definitions
The seller – the supplier – is a person who, during the conclusion and performance of the contract, acts within the scope of his business activities. The seller delivers goods to the buyer.
The buyer – consumer – is a person who, during the conclusion and performance of the contract, does not act in the course of his business or other business activities. It is a natural person who purchases products for purposes other than doing business with them.
Complaints – exercising the buyer’s right for liability for defects.
In the context of the Internet shop, it is always solely the conclusion of a purchase contract pursuant to § 1820, 1824 et seq. of the Business Corporations Act using distance communication means. The subject of purchase is goods. In the case of personal collection of goods, the purchase contract is concluded when the order confirmation is sent.
Warranty conditions
If the goods delivered to the buyer show obvious defects, ie especially if the goods are handed over in a damaged transport packaging, the buyer is entitled not to take over the goods. In such a case, the Buyer’s right to provide due performance by the Seller or to the refund of the purchase price remains.
The Seller is responsible for ensuring that the goods sold comply with the Purchase Agreement upon receipt by the Buyer. Conformity with the contract of sale means, in particular, that the goods sold are free from defects and have the qualities and utility properties required by the contract, described by the seller or the manufacturer, or expected to be produced by them.
In the event that the goods upon receipt by the buyer is not in conformity with the purchase contract (hereinafter referred to as “conflict with the purchase contract”), the buyer has the right to free and promptly bring goods into the state corresponding to the purchase contract. The buyer chooses between replacing the goods or repairing them. If such a procedure is not possible, the buyer has the right to demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the conflict with the purchase contract before accepting or caused the conflict with the purchase contract itself. The Seller accepts a conflict with the purchase contract, which becomes apparent within six months from the receipt of the item, unless it follows from the nature of the item that the Buyer must have been aware of the existence of the contradiction already upon its receipt. or unless it is contrary to the nature of the goods, or proven otherwise.
The warranty period is governed by the applicable provisions of the law. In accordance with § 2161 et seq. Of the Civil Code is 24 months for consumer goods. This period shall apply to persons who are consumers.
The warranty period for the goods sold is extended by the period during which the product was under warranty repair. In the event that the complaint is solved by replacement of the product, the new warranty period for this product begins from its receipt by the buyer. A new warranty certificate is issued to the customer. Any other claim is made on the basis of this new warranty.
Rights of the purchaser who is a consumer under warranty:
if the defect is removable, it has the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective parts, unless this is disproportionate due to the nature of the defect. If such a procedure is not possible, he is entitled to a reasonable discount on the purchase price or withdrawal from the contract
if the defect is irremovable and impedes the proper use of the goods, he has the right to exchange defective goods or withdrawal from the purchase contract; if the defects are removable occurring repeatedly or in greater numbers and prevent the proper use of the goods, he has the right from the contract if it is other irremovable defects and does not require replacement of the goods, he is entitled to a reasonable discount on the purchase price or withdrawal from the contract.
The warranty does not cover normal wear and tear of the goods (or parts thereof) caused by proper use. Entitlement to claim warranty also expires in case of improper assembly or improper commissioning of the goods, as well as improper handling.
At the consumer’s request, the seller is obliged to provide a guarantee in writing (warranty card). If the goods are longer than the statutory warranty, the seller determines the terms and extent of the extension of warranty by means of a declaration in the certificate of warranty. (The seller shall provide the buyer with a tax document (invoice) on the payment of goods, which subsequently represents the warranty card.)
Complaint handling
Complaints shall be filed at the address of the Seller, ie BE COOL Ltd., Kestřanská 140/4, 143 00, Praha 4, or may be agreed otherwise.
In the event that the buyer exercises its right to require the repair of defects by repair and during the warranty period, for the purposes of warranty repair goods designated entrepreneur different from the seller, whose registered office or place of business is in the same place as the seller or the buyer, the buyer shall exercise the right to a warranty repair at the entrepreneur specified in the warranty certificate.
The buyer is entitled to require a warranty repair in authorized service centers, the list of which is attached to the documentation for the goods, or the seller will send it on the buyer’s request.
The Seller shall issue a written confirmation to the Consumer on when the Consumer made a complaint, what is its content and what method of settlement it requires, electronically on the day of initiating the complaint procedure. Furthermore, the Seller shall issue to the consumer a written confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, electronically on the day of completion of the complaint procedure. In the event of a rejected claim, the Seller shall issue a written justification for the rejection to the consumer electronically on the day the complaint procedure ends. The duration of the complaint is counted from the second day after receipt until the day the complaint is handled (not until the customer picks up).
Pursuant to Section 2173 of the Civil Code: “If the Buyer exercises the right from defective performance, the Seller shall confirm it in writing when the right was exercised, as well as the execution of the repair and its duration.”
The seller decides on the complaint and settles it within the statutory period. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Claims are handled without undue delay, no later than 30 days from the date of claim, unless the seller and the buyer agree otherwise. After the expiry of this period, the Buyer shall be granted the same rights as if it were an irremovable defect. The buyer has the right to exchange the goods for new or withdraw from the contract. If the warranty claim has been settled in exchange for a new one, the warranty period will start again from the date the claim is settled and any further claim is considered as the first claim of the goods.
If it is necessary to send the goods to the seller or service center, the buyer keeps in his own interest so that the goods are packed in a suitable and sufficiently protective packaging material meeting the requirements of transporting fragile goods and marks the consignment with the appropriate symbols.
The Seller does not charge any fees for justified or unauthorized claims.
The customer (consumer) will be informed about the termination of the complaint procedure by email on the day the complaint procedure ends.
If the claim is recognized as justified, the goods will be sent to the customer at the Seller’s expense after the claim has been settled. In the case of a recognized complaint, the purchaser, who is a consumer, is also entitled to reimbursement of all necessary costs for lodging the complaint.
The consumer is only entitled to a refund of the freight for the lowest amount offered in the event of withdrawal from the purchase contract, if he chose the more expensive mode of transport.
The Seller shall always ensure that a written record of the defects is found and the form of their removal. We recommend the buyer to keep these certificates for the duration of the warranty.
This Complaints Procedure comes into effect on 1.3.2020
BE COOL Ltd., Kestřanská 140/4, 143 00, Praha 4