According to the Act No. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- When choosing goods, it is necessary that the selected type and size of the product exactly matches the customer's needs. The customer shall take into account the purpose of use, design, material composition and way of shoe care before purchasing
the product. Only well chosen goods in terms of function, assortment and size is a prerequisite to fulfill the utility value and purpose of the usage of the goods.
- During the whole period of usage of the purchased goods, it is necessary for the customer to pay sufficient attention to the basic rules of using of the goods. In particular, all factors unfavourably affecting the full functionality and lifetime
period of the product, such as: excessive use of the product, use of the product for improper purpose, must be considered.
- Another necessary condition for maintaining good condition of the goods and its functionality is its regular maintenance. It should be noted that improper, incorrect or inadequate maintenance of goods significantly shortens its full functionality
and lifetime period.
BASIC POLICY OF COMPLAINT
- If a defect occurs in the purchased goods during the warranty period, the customer has the right to make the complaint.
- A defect means a change (of character) of the goods, which is caused by the unsuitable or poor quality material, non-compliance with technology or inappropriate technology, or inappropriate design solution.
- „A defect" (of character) of goods that arose during the warranty period due to its wearing, improper use, inadequate or improper maintenance, due to the natural changes in the material from which the goods are made, due to any damage by the user
or the third party, or by other inappropriate intervention, cannot be considered a defect.
- If the customer exercises the right of defect of the sold goods properly, the complaint, including the removal of the defect, will be settled without undue delay, no later than 30 days from the date of claim (unless the seller agrees in writing
with the customer for a longer period). The manager of the shop or another competent the seller´s employee decides about the way of settling the complaint.
- Goods for complaint must be submitted complete, moreover cleaned, dry and sanitised. If the goods are presented in a hygienically unacceptable condition (dirty, wet, moldy, etc.), the seller reserves the right not to accept the goods for the complaint.
PLACE AND WAY OF EXCERCISE OF THE COMPLAINT
- The customer may excercise a complaint at the premises or at the seller's registered address. The customer makes the complaint in person or by post. The customer proves the purchase of the claimed goods by a receipt or other appropriate mean. At the same time it is necessary to hand over the claimed goods to the seller. The complaint procedure cannot be initiated without handing over the claimed goods to the seller.
- The store manager or an employee authorized by them is obliged to give the customer a confirmation of when the claim was made, what is the subject of the complaint and what way of complaint the customer requests, when and how the complaint was
settled, including the reason for rejecting the complaint.
TIME-LIMITS FOR THE EXCERCISE OF THE COMPLAINT
- The right of defect (complaint) must be exercised within 24 months from receiving of the goods. The complaint must be made without undue delay after the defect has occurred. Any further delay when the goods is continually used may cause the defect
to be intensified and the goods to be devalued or to disallow the objective assessment of the real causes of the current state of the goods and this delay may be the reason for rejecting the complaint.
- The warranty period cannot be confused with the lifetime period of the goods, ie the period of time during which, when properly used and properly treated, including maintenance, the goods may last in view of their properties, purpose and variation
in intensity. The warranty period is a general administrative period that is not directly related to the normal life of a particular product.
- The seller is liable to the buyer, that the goods have no defects on taking delivery. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods,
- the thing has the attributes that the parties have agreed on , and in the absence of the agreement, has those attributes that are described by the seller or manufacturer, or which the seller has expected in relation to the goods character
and based on what they both advertize,
- the thing is suitable to the purpose, which is for the use mentioned by the seller or to which is the thing of this sort usually used,
- the thing agrees in quality or the execution to the agreed sample or the model, should the quality or execution is specified by the agreed sample or the model,
If a defect became apparent within six months after taking over delivery, the item shall be presumed to have the defect already at the time of taking over delivery.
The seller is also liable to the buyer for defects that occur within 24 months after taking over delivery.
The buyer has no right of defective performance, if the buyer knew before taking over goods that the thing has the defect or in case the buyer caused the defect himself.
- the thing is in the appropriate quantity, size or weight and the thing is liable to the requirements of the legislation.
DEFECTIVE PERFORMANCE BY NON-ESSENTIAL INFRINGEMENT OF CONTRACT
- In the event that the defect of the sold thing caused the non-essential infringement of the contract, the buyer may require to remedy of the defect or the appropriate discount from the purchase price. If this is not disproportionate to the nature
of the defect (especially if the defect cannot be removed without undue delay), a request for delivery of a new item without defects or a new component without defects may be applied if the defect only concerns this component. If the repair
or replacement of the goods is not possible, the buyer may request full refund of the purchase price based on the withdrawal from the contract.
- The seller may supply what is missing or remove a legal defect until the buyer exercises the right to a discount on the purchase price or withdraws from the contract. Other defects can be removed by choice of the seller by repairing the defect
or by delivering a new item; but the choice must not cause the buyer unreasonable costs.
- If the seller doesn’t remedy the defect in time (within 30 days after making the complaint at the latest, unless the parties agree on a longer period) or refuses to remove the defect, the buyer may request a discount from the purchase price or
may withdraw from the contract. However, the buyer cannot change the made choice without the seller's consent.
DEFECTIVE PERFORMANCE BY ESSENTIAL INFRINGEMENT OF CONTRACT
- The essentials infringement of contract means a infringement of the obligation, i.e. the sale of a thing with such a serious defect, which the seller already knew at the conclusion of the purchase contract or had to know that the buyer would not
conclude the purchase contract if he foresaw such infringement (defect).
- In the event that the essentials infringement of the purchase contract was caused by the defect of the sold thing, the buyer may request removal of the defect by delivery of a new item or delivery of the missing part, the repair, discount, withdrawal.
- Along with the notification of the defect or without undue delay, the buyer must state what right they have chosen and they cannot change their choice without the seller's consent. If the seller does not correct the defects within a reasonable
time or declares that he will not remove them, then the buyer may request a discount or withdrawal.
- If the seller does not remove the defects within a reasonable period of time or if the seller informs the buyer that they will not remove the defects, the buyer may request a reasonable discount on the purchase price instead of defect removal
or may withdraw from the contract.
BUYER’S ETITLEMENTS DUE TO THE RECURENCE OF DEFECTS AND LARGER NUMBER OF DEFECTS
- In the case of a removable defect for which the buyer cannot properly use the thing as a non-defect thing due to their recurrence or in the case of a larger number of defects, the buyer has the option to request delivery of a new item (or replacement
of the defective part of the item) or the right to contract withdrawal.
- Repetitive defect means the occurrence of the same defect for the third time, and four different defects are considered as the occurence of the larger number of defetcs.
In the event that a dispute arises between a seller and a consumer (buyer) from a purchase contract or a service contract that cannot be resolved by mutual agreement, the consumer may file a motion for an out-of-court resolution of such dispute to
a designated entity for out-of-court consumer dispute resolution which is:
The Czech Trade Inspection
Central Inspectorate - ADR Department
Portál pro ADR: https://adr.coi.cz/
The consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/