Asulo.eu online store complaint procedure for the sale of goods
Internet store operator: Ing. Radomír Holuša
Address of the operator’s headquarters: Lesní 341, 533 72, Moravany, Czech Republic
ID: 19068140
VAT number: CZ9208033560
The operator is registered in the trade register – municipality of the city of Pardubice Czech Republic (registered trademark: ŽÚ/2023/2154/Dun)
Contact:
e-mail: [email protected]
telephone contact: +420 734 537 672
Bank connection: bank account No. 239839035/0300 held at ČSOB
IBAN: CZ46 0300 0000 0002 3983 9035
BIC(SWIFT): CEKOCZPP
General
1.1. This complaint procedure applies to the sale of goods to consumers in the seller’s online store located on the internet domain located at www.asulo.eu. In the case of the purchase of goods in an online store, by concluding a purchase contract, the consumer confirms that he has familiarized himself with this complaint procedure and that he agrees with it.
Definition
In the interpretation of this complaint regulation, the terms listed below will be interpreted as follows
“seller” is Ing. Radomír Holuša (self-employed person), ID number 19068140, with registered office at Lesní 341, 533 72, Moravany, registered in the trade register – municipality of the city of Pardubice (Sp. mark: ŽÚ/2023/2154/Dun).
“Online shop” is the supplier’s e-shop located on the internet domain located at the address www.asulo.eu.
“NOZ” is Act No. 89/2012 Coll., Civil Code.
“Registered office” is located at Lesní 341, 533 72, Moravany
“complaint” is the exercise of consumer rights from defective performance.
“buyer” is any person who, outside the scope of his business activity or independent performance of his profession, concludes a purchase contract with the supplier or deals with him in any other way (see § 419 of Act No. 89/2012 Coll., Civil Code).
“Consumer Protection Act” is Act No. 634/1992 Coll., on Consumer Protection, as amended.
“item” is a movable thing which is the object of purchase.
Introductory Provisions
3.1. Complaints must always be made in accordance with these complaint regulations. Matters not regulated by this complaint procedure are governed by the NOZ and the Consumer Protection Act. The buyer has the right to file a claim at his registered office. The complaint can also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty card, if the designated person is at the seller’s location or at a location closer to the buyer.
3.2. The buyer is obliged to prove that he has the right to make a claim. We recommend providing proof of purchase of the item, confirmation of the seller’s obligations from defective performance or a confirmed warranty card. The buyer is not entitled to claim a defect if a reasonable discount from the purchase price has been provided for it.
3.3. If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints’ regulations, unless otherwise agreed.
Rights from liability for defects in Goods
4.1. Obvious damage to the Goods or its packaging during delivery must be resolved immediately with the carrier and discrepancies must be recorded in the delivery protocol (conveyance note). The Buyer is not obliged to accept such Goods from the carrier and shall inform the Seller of the detected damage without undue delay. On the day of acceptance, the Buyer shall properly check the integrity of the Goods and the completeness of its accessories.
4.2. In the case of personal collection by the Buyer, the moment of acceptance of the Goods is the moment when the risk of damage to the Goods passes from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, he may make claims for defects detectable during this inspection only if he proves that the Goods already had these defects (e.g. missing accessories) at the time of the transfer of the risk of damage to the Goods. A later complaint of incompleteness of the Goods or external damage to the Goods does not deprive the Buyer of the right to complain about the item. However, the seller has the opportunity to prove that this is not a contradiction with the purchase contract.
4.3. In the event that the Buyer sends the Goods to the Seller or the service center by transport service, he should, in his own interest, pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so that it is not damaged during transport. For fragile Goods, he should mark the shipment with the appropriate symbols. The shipment should contain the claimed Goods (including complete accessories), we recommend attaching a copy of the sales document, a detailed description of the claimed defect and the correct contact details of the Buyer.
Exercising rights from defects in the item
5.1. The seller guarantees to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that, at the time the buyer took over the item, a) the item has the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the seller or the manufacturer has described or that the buyer expected with regard to the nature of the item and on the basis of the advertising carried out by them, b) the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used, c) the item corresponds in quality or design to the contracted sample or original, if the quality or design was determined according to the contracted sample or original, d) the item is in the appropriate quantity, measure or weight, and e) the item complies with the requirements of legal regulations. If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
5.2. The seller performs defectively, in particular a) if he provides an item that does not have the specified or agreed characteristics, b) if he does not point out the defects that the item has, even though they do not usually occur during such performance, c) if he assures the buyer contrary to the facts, that the item has no defects, or that the item is suitable for a certain use, or d) if a third party illegally alienates the item as his own.
5.3. An item is defective if it does not have the properties specified in § 2095 and 2096 of the NOZ. The performance of another is also considered a defect. Defects in the documents necessary for the use of the item are also considered a defect.
5.4. The buyer’s right from defective performance is based on a defect that the item has when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer’s right is also based on a defect that arose later, which the seller caused by breaching his obligation. The seller’s obligations from the quality guarantee are not affected by this.
5.5. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. This does not apply a) in the case of an item sold at a lower price to a defect for which a lower price was agreed, b) to wear and tear of the item caused by its usual use, c) in the case of a used item to a defect corresponding to the degree of use or wear that the item had when it was taken over by the buyer, or d) if it follows from the nature of the matter.
5.6. If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance last. In the confirmation, he will also state his name, address and identifying information, as well as other information necessary to establish his identity. If necessary, the seller will explain in the confirmation in an understandable manner the content, scope, conditions and duration of his responsibility, as well as the way in which the rights arising from it can be exercised. At the same time, the seller states in the confirmation that the buyer’s other rights related to the purchase of the item are not affected. Failure to fulfill these obligations does not affect the validity of the confirmation. If the nature of the item does not prevent this, the confirmation according to the previous sentence can be replaced by a document of purchase of the item containing the specified information.
5.7. The buyer’s rights from defective performance are not affected if the item’s defect was caused by the use of another item that the buyer handed over to the seller. This does not apply if the seller proves that he informed the buyer of the unsuitability of the delivered item in time and the buyer insisted on its use, or if he proves that he could not have detected the unsuitability of the delivered item even with sufficient care.
5.8. If possible, the buyer inspects the item as soon as possible after the risk of damage to the item has passed and makes sure of its properties.
5.9. If the defect in the item is conspicuous and obvious already at the conclusion of the contract, or if the defect can be ascertained from a public list, it shall be borne by the buyer. This does not apply if the seller slyly shot down the defect or if he expressly assured the buyer that the item does not have such a defect or that it is completely free of defects.
5.10. In the case of early performance, the seller can remove the item’s defects by the time specified for its handover. By exercising his right, he must not cause unreasonable difficulties or expenses to the buyer. This does not affect the buyer’s right to compensation. The previous sentence applies similarly to defects in documents.
5.11. An item has a legal defect if a third party claims a right to it, unless the buyer knew or should have known about such a limitation. In such a case, the buyer will notify the seller without undue delay.
5.12. If the buyer has transferred the right to an item that he knows does not belong to the seller or that the seller is not authorized to establish such a right, he has no right from this defect.
5.13. If the buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item.
5.14. The court will only consider the seller’s objection that the defect was not notified in time for the effects according to clause 4.13 of this complaint regulation. However, the seller does not have the right to object if the defect is the result of a fact of which the seller knew or should have known at the time of handing over the item.
5.15. The court will not grant the buyer a right from defects in the item, if the buyer did not notify the item’s defects without undue delay after he discovered them or should have discovered them with due care, but no later than two years after handing over the item, and if the seller objects that the right was exercised late.
5.16. As soon as the buyer discovers a defect, he will notify the seller without undue delay and hand over the item to the seller, or store it according to the seller’s instructions or dispose of it in another appropriate manner so that the defect can be examined. Defect rights apply to the seller from whom the item was purchased. However, if in the confirmation according to clause 4.6 of these complaint regulations, another person designated for repair is mentioned, who is at the seller’s place or at a place closer to the buyer, the buyer will exercise the right to repair with the person designated to carry out the repair. The person thus designated for repair will carry out the repair within the period agreed between the seller and the buyer when purchasing the item. If the buyer asserts a right from defective performance, the seller will confirm to him in writing when he asserted the right, as well as the execution of the repair and its duration.
5.17. If the buyer justifiably complains of a defect to the seller, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective item.
5.18. If the defective performance is a material breach of the contract, the buyer has the right a) to eliminate the defect by delivering a new item without defect or by supplying the missing item of delivery, b) to eliminate the defect by repairing the item, c) to a reasonable discount from the purchase price, or d) to withdraw from contracts.
5.19. The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if the seller announces that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. Upon delivery of a new item, the buyer returns the originally delivered item to the seller at his expense. If the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract. If defective performance is an insignificant breach of contract, the buyer has the right to remove the defect, or to a reasonable discount from the purchase price.
5.20. If the item does not have the characteristics according to clause 4.1 of this complaint procedure, the buyer can also demand the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge.
5.21. The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.
5.22. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the buyer.
5.23. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer.
5.24. The buyer also does not have the right from defective performance, if the buyer knew before taking over the item that the item had a defect, or if the buyer himself caused the defect.
5.25. The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply, a) if the condition has changed as a result of an inspection to detect a defect in the item, b) if the buyer has used the item before the defect was discovered, c) if the buyer has not caused the impossibility of returning the item in an unchanged condition by action or omission, or d ) if the buyer sold the item before the defect was discovered, if he used it, or if he changed the item during normal use; if this happened only in part, the buyer returns to the seller what he can still return and provides compensation to the seller up to the amount in which he benefited from the use of the item. If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.
Quality Guarantee
6.1. With a quality guarantee, the seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The indication of the warranty period or the period of use of the item on the packaging or in advertising also has these effects. If the contract and the warranty statement specify different warranty periods, the longest period applies. The warranty period starts from the delivery of the item to the buyer.
6.2. The buyer does not have a right from the warranty if an external event caused the defect after the risk of damage to the property has passed to the buyer. This does not apply if the seller caused the defect.
6.3. Rights from defects, including warranty defects, are applied to the seller at his place of business or at his headquarters, usually in writing. When making a claim, the buyer is obliged to submit a tax document or otherwise reliably prove the origin of the delivery item and describe what the defects are and how they manifest themselves.
6.4. The buyer must report the defect covered by the warranty to the seller without undue delay after he had the opportunity to inspect the item and discover the defect, but no later than within the complaint period determined by the length of the warranty period.
6.5. After the claim has been made, the seller will issue a written confirmation to the buyer of when the buyer exercised his right, what the content of the claim is and what method of handling the claim the buyer requires. The seller will also issue a confirmation to the buyer of the date and method of settlement of the complaint, including confirmation of the repair and its duration and, in the event of rejection of the complaint, the reasons for the rejection.
6.6. The seller will handle the complaint and remove the item’s defects no later than 30 days from the date of the complaint and, within the same period, will also inform the buyer about the method of handling the complaint. If the seller does not remove removable defects in the delivery item within this period, it is considered that the defect cannot be removed.
6.7. The warranty does not cover defects that have arisen as a result of the item being exposed to an accident, negligence, improper handling contrary to the operating instructions, unauthorized repairs, improper installation, or natural disasters. In cases according to the previous sentence, the seller is not responsible for defects in the item. The seller will not be responsible even for defects of the item arising on the basis of normal use and wear of the item or its components.
6.8. The seller is not responsible for accidental or consequential damages arising in connection with the use of the item or its failure.
Claim costs, dispute resolution and final provisions
7.1. If the complaint is recognized as justified, the buyer has the right to reimbursement of the costs incurred in connection with the exercise of his right. In the event that the seller rejects the claim as unjustified, the buyer or, in agreement with the seller, both parties can turn to a forensic expert in the field and request the processing of an independent expert assessment of the defect.
7.2. The buyer is obliged to take over the claimed item within 30 days from the date on which the claim should have been settled at the latest, after which time the seller is entitled to charge a reasonable storage fee or to sell the goods on his own at the buyer’s expense. The seller must notify the buyer in advance of this procedure and provide him with a reasonable additional period to take over the item.
7.3. The seller and the buyer undertake to resolve any disputes arising from or in connection with this complaint procedure primarily amicably.
7.4. This complaint becomes valid and effective on January 1, 2024 and replaces the seller’s previous complaint policy in its entirety. The seller reserves the right to change this complaint policy at any time without prior notice.