Complaints procedure of Czech Mint a.s.

4/26/2012

Complaints procedure of the Czech Mint a.s.

  1. INTRODUCTORY PROVISIONS

The Complaints Procedure apply to the purchase of any goods according to the Purchase Agreement.

The Complaints Procedure specifies the rights and obligations of the Seller and the Buyer, which may be a natural or legal person, namely an entrepreneur or a consumer, as all defined in Part 1 of these GTC.

The warranty according to this Complaint Procedure applies to goods that were purchased on the basis of the Purchase Agreement and whose complaint was made during the warranty period.

  1. DISCLAIMER OF THE PURCHASE AGREEMENT
  2. a) Buying consumer

The claims of the Buying consumer are governed in particular by the provisions of the Civil Code.

If the Buying consumer, upon receipt of the goods (taking delivery means the moment of receipt of the goods by the Buyer in the Seller's shop or the moment of receipt of the goods by the Buyer from the carrier) finds damage to the delivered goods (i.e. any defect of the goods), any difference between delivery note, invoice and delivered goods, or any difference between the designation of the goods stated on the delivery note or invoice and delivered goods (especially in quality, size, quantity or perfection of the goods), or did not receive a correctly completed delivery note or invoice, we recommend to contact the Seller without undue delay after the receipt of goods in a demonstrable manner, in order to eliminate such defects.

In the case of the Buying consumer, a discrepancy with the Purchase Agreement, which occurred within 6 months from the date of the receipt of goods, is considered a discrepancy already existing at the time of receipt, unless it does not contradict the nature of the thing or unless the opposite is proven. If the goods are not in accordance with the Purchase Agreement when received by the Buying consumer, the Seller must return the goods to the condition corresponding to the Purchase Agreement free of charge and without undue delay, either by exchanging the goods or by repairing them as required by the Buying consumer; if such a procedure is not possible, the Buying consumer may request a reasonable discount on the price of the goods or withdraw from the contract.

If the Buying consumer knew about the discrepancy with the Purchase Agreement at the time of receipt of the goods and took over the goods without reservation or if he or she made the discrepancy with the Purchase Agreement, the Buying consumer is not entitled to obtain the goods in compliance with the Purchase Agreement free of charge.

  1. b) Buying entrepreneur

The buying entrepreneur is obliged to inspect the goods as soon as possible when the risk of damage to the goods appeared. If the Buying entrepreneur does not inspect the goods at the time of the risk of damage to the goods, he or she can only claim defects found during this inspection if he or she proves that the goods already had these defects at the time of the risk of damage to the goods.

The Seller is responsible for the defect that the goods have at the moment when the risk of damage to the goods passes to the Buying entrepreneur, even if the defect becomes apparent only after this time. The seller is also liable for any defect that occurs after the transfer of the risk of damage to the goods, if it is caused by a breach of its obligations.

If the Buying entrepreneur finds damage to the goods, any difference between the delivery note, invoice and the delivered goods (especially in quantity, quality and design), he or she is obliged to notify the Seller without undue delay.

III. QUALITY ASSURANCE AND LIABILITY FOR DEFECTS OF SOLD GOODS (WARRANTY)

The warranty period starts from the date of receipt of the goods by the Buyer.

If the warranty period is not marked in accordance with the law for the item of goods in another length on the invoice, on the delivery note or in the E-shop, the Seller provides a guarantee for the goods for 24 months from the receipt of the goods by the Buyer.

The period from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the goods after the repair is completed is not included in the warranty period.

In the case of exchange of goods, the new warranty period begins to run when the new goods is delivered.

 

  1. IMPOSSIBILITY TO APPLY THE WARRANTY

The warranty does not apply and cannot be claimed in the following cases:

after the expiration of the warranty period;

wear of the goods caused by common use;

mechanical damage, damage caused by improper installation, improper handling or operation, or neglecting of routine care;

the goods have been damaged by use or maintenance in breach of the conditions stated in the documents "How to care for coins and medals made of precious metals" and "How to care for medallions made of precious metals", which are stated in the Customer Support section on the Seller's website www.ceskamincovna. cz;

in the case of goods sold at a lower price, the warranty does not cover defects for which a lower price has been agreed;

regarding used goods, the Seller is not liable for defects corresponding to the degree of use or wear that the goods had when taken over by the Buyer;

if the goods handed over by the Buyer were used in the production of goods under the contract, the Seller shall not be liable for defects of the goods caused by the use of these things, if the Seller could not detect professional unsuitability for the production of goods or he or she warns the Buyer, however, the Buyer insisted on their use;

The Seller shall not be liable for defects in the goods of which the Buyer was aware at the time of concluding the contract or, taking into account the circumstances under which the contract was concluded, unless the defects relate to the characteristics of the goods which the goods should have according to the contract.

  1. PROCEDURE FOR APPLYING AND PROCESSING COMPLAINTS
  2. a) Buying consumer

The buying consumer will deliver the claimed goods at his or her own expense to the address of any of the Seller's shops, but preferably to the Seller's registered office.

The seller recommends delivering the goods for complaint, including accessories and, if possible, in the original or alternative packaging. The Seller further recommends submitting a warranty card, delivery note or invoice together with the goods, in order to speed up the complaint procedure, however, the Buyer is always obliged to prove that he or she purchased the goods from the Seller. The seller or his or her employee will decide on the complaint immediately, in complex cases within three working days. This period does not include the time required for a professional assessment of the defect. The employee and the Buying consumer shall draw up a proof of receipt of the complaint, in which he or she shall state a description of the claimed defect, the method and date of handling the complaint.

Complaints, including the elimination of defects, must be settled in 30 calendar days, unless a longer period is agreed with the Buying consumer. The thirty-day period for settling the complaint begins on the following day the complaint was made by the Buying consumer. After this period, the consumer has the same rights as if it was a defect that cannot be remedied.

After the complaint has been settled, the Buyer will receive one copy of the Receipt of Complaint, which will state how the complaint was settled. Other possible complaints about the exchanged goods will be made by the Buying consumer on the basis of this Document.

If the Seller determines that the complaint is not justified during the assessment of the claimed defect, he or she shall notify the Buyer of this fact without undue delay, but no later than within 30 days. If the Seller considers the complaint to be unfounded, he or she shall state this fact in the Document confirming receipt of a complaint.

In the case of a justified complaint, the Buying consumer is entitled to receive reimbursement of the necessary costs incurred in connection with the exercise of rights from liability for defects.

The individual claims of the Buying consumer from liability for defects are derived from the fact whether the claimed defect can be eliminated or not.

 (i) remediable defects

If it is a defect that can be removed, the Buyer has the right to have it removed free of charge, in a timely and proper manner, and the Seller is obliged to eliminate the defect without undue delay. If this is not disproportionate in the case of a defect in the claimed goods, which is otherwise remediable, due to its nature, the Buying consumer may request the replacement of the goods, or replacement of a part if the defect concerns only a part of the goods. If such a procedure is not possible, the Buyer may request a reasonable discount on the price of the goods or withdraw from the contract.

The Buyer also has the right to exchange the goods or withdraw from the contract if the defects are remediable, but the Buyer cannot use the goods properly due to the re-occurrence of the defect after repair or due to a large number of defects. A higher occurrence of a defect means the third justified and recognized complaint of the same type, or the fourth justified and recognized complaint of a different type.

(ii) irreparable defects
If a defect cannot be removed and it prevents the proper use of the goods, the Buyer has the right to exchange the goods for new ones or may withdraw from the contract. If the defect is irreparable, but does not prevent the proper use of the goods and the Buying consumer does not request its replacement, he or she is entitled to receive a reasonable discount on the price of the goods or he or she may withdraw from the contract.

  1. b) Buying entrepreneur

The buying entrepreneur is obliged to report the defect of the goods to the Seller in a verifiable manner without undue delay.

The Buying entrepreneur will deliver the claimed goods at his own expense to the address of any of the Seller's shops, but preferably to the Seller's registered office. The buying entrepreneur is obliged to deliver the goods for complaint, including accessories and, if possible, in the original or alternative packaging. The Seller further recommends submitting a warranty card, delivery note or invoice together with the goods, in order to speed up the complaint procedure, however, the Buyer is always obliged to prove that he or she purchased the goods from the Seller.

The employee of the complaints department will assess the claimed defect and decide on the rightfulness of the claim. He or she assesses whether it is significant breach of contract or insignificant one, if possible immediately, otherwise at a time of reasonable severity and extent of the defect. The Seller and the Buying entrepreneur shall sign Confirming receipt of a complaint, in which he or she shall state a description of the claimed defect, the method and date of processing of the complaint.

If the Seller finds that the claim is not justified during the assessment of the claimed defect, he or she shall notify the Buying entrepreneur without undue delay, but no later than within 30 days. If he or she considers the complaint to be unfounded, he or she shall state this fact in the Confirming receipt of a complaint.

The individual claims of the Buying entrepreneur from liability for defects are derived from the fact whether the delivery of the claimed goods with a defect violated the contract in a significant or insignificant manner.

(i) significant breach of contract

The contract is breached in a significant way if the goods have irreparable defects or a large number of defects that prevent their proper use. In such a case, the Buying etrepreneur may:

  1. a) demand the elimination of defects by delivery of replacement goods for defective goods, delivery of missing goods and the elimination of legal defects,
  2. b) demand the elimination of defects by repairing the goods, if the defects are repairable,

(c) demand a reasonable discount from the purchase price, or

  1. d) withdraw from the contract.

The Buying entrepreneur has a choice between the above claims only if he or she makes it in the notification of defects when making a complaint or within 2 days after this notification. The Buying entrepreneur can no longer change the choice made in this way without the consent of the Seller. If the Buying entrepreneur does not make choice of claims within the above-mentioned period, he or she has claims for defects in the goods as in the case of an unsignificant breach of contract.

(ii) unsignificant breach of contract

The contract is breached in an insignificant manner if the goods have remediable defects or a large number of defects that do not prevent its proper use. In such a case, the Buying entrepreneur may:

(a) require delivery of the missing goods and removal of other defects in the goods; or

  1. b) demand a discounted purchase price.

The Seller is obliged to eliminate other defects by repairing the goods or delivering replacement goods.

A reasonable period for the elimination of defects is 30 calendar days. In justified cases, a reasonable period may be set differently by the Seller. If the Buying entrepreneur does not notify the Seller of his or her disagreement without undue delay after the announcement of the deadline, it will be determined by agreement. If the Seller does not eliminate the defects within the above-mentioned period (or the period determined according to the above), the Buying entrepreneur may request a discount on the purchase price or withdraw from the contract. The Buying entrepreneur may withdraw from the contract only if he or she notifies the Seller of his or her intention when setting the deadline for the elimination of the defect or within a reasonable period before withdrawing from the contract. The Buying entrepreneur cannot change the choice made in this way without the consent of the Seller.

The Buying entrepreneur cannot withdraw from the contract if he or she did not notify the Seller of the defects in time.

Withdrawal from the contract will not occur if the Buying entrepreneur can not return the goods in the condition in which he or she received them, unless the impossibility of returning the goods in the condition in which he or she received is not caused by acts or omissions of the Buying entrepreneur, or if the change of goods occurred as a result inspections duly performed to detect defects in the goods.

If the value of the returned goods has decreased (there has been partial consumption or wear and tear of the goods), the Buying entrepreneur is obliged to provide the Seller with compensation up to the amount in which he or she benefited from the stated use of the goods. In this case, the Seller is entitled to set off the value of wear and tear or consumption of the goods against the Buying entrepreneur's right to a refund of the purchase price. The purchase price is then paid to the Buying entrepreneur in the amount reduced by the value of wear and tear or consumption of the goods.

Supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended, is performed by the Czech Trade Inspection Authority (www.coi.cz), IČ: 00020869, with its registered office in Prague 2, Štěpánská, 567/15, postal code 120 00 , which is also competent for the out - of - court settlement of consumer disputes under the Purchase agreement.

  1. COMPLAINTS OF GOODS DAMAGED BY TRANSPORT

If the Buyer receives a consignment containing goods, which is visibly damaged, the Buyer has the right to refuse to accept the consignment stating the reason for damage to the packaging. If he or she still accepts it or finds damage to the goods after removing the packaging, we recommend the Buyer to notify the carrier without undue delay after receiving the goods, within 3 working days of receipt of the goods to avoid any doubts and possible rejection of the complaint by the Seller. The Buyer should sign a report on the damage to the goods with the carrier.     The Seller will assess the justification of the complaint based on this written protocol on damage to the goods and the result of the carrier's investigation. In the event of the Buyer's delay in reporting defected goods damaged by transport, the Buyer loses all related claims that he or she could assert against the Seller.

VII. WAREHOUSING COSTS IN CASE OF UNCOLLECTED GOODS

If the Buyer does not pick up the settled complaint within 30 days, he or she will be charged a storage fee of 25 CZK for each day of non-collection of goods from the end of the repair.

However, if the Buyer does not pick up the goods even until the warehousing costs exceed the price of the claimed goods, these goods will be used to pay for storage.

 

Czech Mint
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