Complaint policy
I. Introductory provisions
- Complaints Regulations of REPRESS, spol. s r.o., Company ID: 469 69 951, VAT: CZ46969951, with registered office at Plucárna 3594/10, 695 01 Hodonín, the company is registered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 7144 /hereinafter also referred to as “Supplier”/
- This Complaint Procedure contains information on the scope, conditions and method of exercising the right of defective performance /hereinafter also referred to as “complaint”/ in connection with purchase contracts concluded between the Customer and the Supplier, together with information on where the complaint can be made.
- The Supplier may apply the provisions of this Complaints Procedure to a Customer who is not a consumer, but if not, the rights arising from liability for defects shall be governed by the contract concluded between the Supplier and the Customer and the relevant provisions of the Civil and Commercial Code.
II. Conditions and method of making a claim
- The Buyer may file a claim in writing by mail at the Seller’s registered office, by telephone at (+420) 518 341 700, (+420) 777 341 300, or by e-mail at repress@repress.eu. The Purchaser shall prove the purchase of the goods complained of by a purchase document. The Customer shall preferably use the sample form below, which is available to the complainant on the website of REPRESS, spol. s r.o., www.repress.cz, but it is not his obligation to do so.
- The place of claim is the manufacturer’s authorised service centre (usually indicated on the warranty card) or the seller’s premises mentioned in Article II, paragraph 1 above. If the goods do not have a manufacturer’s warranty certificate but only the supplier’s warranty certificate, the place of complaint is always the supplier’s premises referred to in Article II.1 above.
- To speed up the complaint procedure, it is advisable for the buyer to provide the following information:
- Organisation, contact person (phone, mail)
- Supplier item code and/or internal item code
- Item name of the product complained about
- Complained quantity (pcs)
- Supplier’s order number
- Supplier’s DL/invoice number
- Reason for complaint
- Photo documentation
- Customer requirement
- It is imperative that you make a claim without undue delay, as soon as the defect has been discovered. Any delay in the continued use of the goods may cause the defect to intensify, depreciate the goods and may be grounds for rejecting the claim.
- The Buyer is obliged to inspect the goods upon delivery and to confirm its receipt in the delivery note or in a document of the carrier replacing the delivery note (e.g. a waybill). The buyer shall record any immediately detected discrepancies in the goods (in their quality, quantity, packaging, etc.) in the same documents (including the date of the record and the identification of the person who made the record (signature).
- The Supplier is obliged to provide the Customer with a confirmation of when the Customer exercised the right, what is the content of the claim and what method of handling the claim the Customer requires; and furthermore a confirmation of the date and method of handling the claim, including a confirmation of the repair and its duration, or a written justification of the rejection of the claim.
- The Buyer shall provide the Supplier with the necessary cooperation in returning the claimed goods or providing and delivering samples proving the defect of the goods.
- The Supplier shall decide on the claim as soon as possible, taking into account the complexity of the claim required for a professional assessment of the defect. The complaint, including the rectification of the defect, must be settled without undue delay, but no later than 30 days from the date of the complaint, unless the Supplier agrees with the Customer on a longer period. The expiry of this time limit in vain shall be considered a material breach of contract.
- The Supplier is obliged to confirm in writing to the Customer the method of handling the complaint and the duration of the complaint.
- The Buyer is obliged to take delivery of the claimed goods within 30 days from the date on which the claim should have been settled at the latest, after which the Supplier is entitled to charge a reasonable storage fee or to sell the goods on its own account to the Buyer. The Supplier must inform the Customer in advance of this procedure and give the Customer a reasonable additional period of time to take delivery of the goods. The Supplier shall be entitled not to release the goods to the Customer unless the full amount of any repair and storage charges has been paid. If the customer refuses to take delivery of the goods in these circumstances, if, for example, the cost of the repair and the storage fee would be higher than the value of the goods, the supplier is entitled to sell the goods to a third party and to satisfy the costs incurred by the supplier in selling to a third party. The purchaser must be notified of this in advance.
- Unless both parties agree otherwise, the basic prerequisite for the claim of non-conformities (defects) of the goods is the submission (delivery) of the entire quantity of goods claimed in the original packaging, with the original identification marking of the packaging and the goods themselves for assessment and its written notification to the supplier.
- If the customer no longer has the original packaging of the goods and has decided to send the claimed goods back to the supplier via the carrier, then in his own interest, let the customer pack the goods in such a way that the goods are sufficiently protected from damage during transport and, in connection with this, let the customer ensure that the goods are marked with the necessary symbols (e.g. fragile).
- Claims made after the expiry of the warranty period or claims where the buyer fails to provide the claimed product for examination or fails to provide the necessary assistance in resolving the claim or the date of manufacture cannot be identified will not be accepted.
- The customer’s claim will be rejected if the customer claims a defect that has already been claimed in the past and a reasonable discount on the purchase price has been granted.
III. Scope of rights from defective performance
- The rights and obligations of the Supplier and the Purchaser with regard to the Supplier’s guarantee for the quality of the goods upon acceptance and the Purchaser’s rights arising from defective performance are governed by the relevant generally binding regulations, in particular the provisions of Section 2161 et seq. of Act No. 89/2012 Coll. (hereinafter also referred to as the “Civil Code”) and Act No. 634/1992 Coll., on Consumer Protection (hereinafter also referred to as the “Consumer Protection Act”).
- The Supplier shall be liable to the Customer that the goods are free from defects on receipt. In particular, the supplier is liable to the buyer that at the time the buyer took delivery of the goods:
- conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
- is suitable for the purpose for which the buyer requires it and to which the seller has agreed,
- is supplied with the agreed accessories and instructions for use, including assembly or installation instructions,
- the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of practice of the industry, if there are no technical standards,
- the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or labelling,
- the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect,
- the item corresponds in quality or workmanship to the sample or sample provided by the seller to the buyer before the conclusion of the contract.
- A defect shall not be deemed to be a change in (the characteristics of) the goods resulting from wear and tear, improper use, inadequate or improper storage, natural changes in the materials from which the goods are made, any damage caused by the customer or a third party or other improper intervention.
- If a defect appears within one year of receipt, the goods shall be deemed to have been defective upon receipt.
- If the goods do not have the characteristics set out in Article III, paragraph 2 above, the buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect concerns only part of the goods delivered, the buyer may only demand the replacement of the goods actually defective; if this is not possible, he may withdraw from the contract.
- The purchaser is entitled to delivery of new goods or replacement of a part 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 such a case, the customer also has the right to withdraw from the purchase contract.
- If the customer does not withdraw from the purchase contract or does not exercise the right to have new goods delivered without defects, to have parts of the goods replaced or to have the goods repaired, he may demand a reasonable discount. The purchaser is also entitled to a reasonable discount if the supplier is unable to supply new goods without defects, to replace a part of the goods or to repair the goods and if the supplier fails to remedy the defect within a reasonable time or if it would cause the purchaser considerable difficulty to remedy the defect.
- The right of defective performance is not available to the buyer if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
- The Supplier shall only provide a guarantee to a customer who is not a consumer if this is expressly stated in the goods supplied. The warranty period for consumer customers is 24 months for new goods.
- The Purchaser shall exercise its rights under the defective performance without undue delay after discovering that the goods are defective. The Supplier 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 customer asserts the defect against the supplier rightfully, the time limit for asserting rights under the defective performance shall not run for the period during which the goods are under repair and the customer cannot use them.
- The time limit for exercising rights under defects cannot be considered as a determination of the lifetime of the goods, which varies with regard to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the customer and the supplier.
- If the defective performance is a material breach of contract, the purchaser shall be entitled to:
- to remedy the defect by supplying a new item without the defect or by supplying the missing item,
- to remove the defect by repairing the item,
- a reasonable discount on the purchase price, or
- withdraw from the contract.
- The Buyer shall inform the Seller of his chosen right when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Supplier; this does not apply if the Buyer has requested the repair of the defect and the Supplier has informed the Buyer that it will not remove the defect, the Buyer may demand a reasonable discount on the purchase price instead of the removal of the defect or may withdraw from the contract. If the Purchaser fails to exercise its right in time, the Purchaser shall have the rights under Article III, paragraphs 12 to III, paragraph 14.
- The Supplier shall also be liable for defects occurring within two years of acceptance, in particular where the liability for quality upon acceptance pursuant to Article III.2 does not apply.
- A defect is considered to be a material breach of contract if the customer would not have concluded the contract if he had foreseen the defect when concluding the contract, otherwise it is a defect that is not a material breach of contract.
- If the defect is a material breach of contract, the customer has the right to have a new item delivered, repaired, a reasonable discount or to withdraw from the contract (with the right to a full refund of the purchase price) at his option.
- The purchaser has the right to have a new, defect-free item delivered, to have a part replaced, to receive a price reduction or to withdraw from the contract, regardless of the nature of the defect, if the item cannot be used properly due to the recurrence of the defect after repair or due to a large number of defects.
- If the defective performance is an insignificant breach of contract, the purchaser is entitled to have the defect remedied or to a reasonable discount on the purchase price.
- As long as the purchaser does not exercise the right to a discount on the purchase price or does not withdraw from the contract, the supplier may supply what is missing or remedy the legal defect. The Supplier may remedy other defects at its option by repairing the goods or by supplying new goods; the choice must not cause unreasonable costs to the Customer.
- If the Supplier fails or refuses to remedy the defect in time, the Purchaser may demand a discount on the purchase price or may withdraw from the contract. The buyer cannot change the choice made without the consent of the supplier.
- If the Supplier has provided a quality guarantee in excess of its statutory obligations, its application shall be governed by these Complaints Regulations, unless the Supplier’s confirmation of obligations arising from defective performance, the guarantee certificate or the contract provides otherwise.
- If the complaint is found to be justified, the customer is entitled to reimbursement of the costs reasonably incurred in exercising his right.
- In the event of an unjustified claim, the consumer is not entitled to reimbursement of their costs associated with the claim.
- At the same time, the supplier is not entitled against the customer (consumer) to compensation for the costs incurred in connection with the claim (This does not apply in the case where it can be assumed that there was an obvious abuse of rights by the customer – consumer, for example in the case of repeated unjustified claims).
- The Supplier shall issue a written confirmation to the consumer of the date on which the consumer lodged the complaint, what its content is and the manner in which the complaint is to be settled. In addition, the supplier shall issue the consumer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair. In the case of a rejected complaint, the seller shall provide the consumer with a written justification for the rejection.
- If there is no agreement between the customer and the supplier, the customer can turn to existing out-of-court consumer dispute resolution systems or to the competent court.
- A customer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a contract of sale or a contract for the provision of services. The Czech Trade Inspection Authority is the entity authorised to carry out out-of-court dispute resolution. Further information is available on the website www.coi.cz.
- The out-of-court settlement of a consumer dispute pursuant to Article III, paragraph 24 shall be initiated exclusively at the consumer’s request, and only if the dispute has not been resolved directly with the supplier. The application may be lodged no later than one year from the date on which the consumer first exercised the right at issue with the supplier.
- The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
IV. Final Provisions
- The Complaints Procedure has been drawn up in accordance with the applicable legislation, in particular the provisions of the Civil Code and the Consumer Protection Act.
- Complaints shall be handled in accordance with these Complaints Regulations, the Civil Code, the Consumer Protection Act and other relevant legislation.
- The complaint form can be downloaded here.
This Complaints Procedure is effective from April, 1st. 2024
April, 1st. 2024
REPRESS, spol. s r.o., ID: 469 69 951