COMPLAINT PROCEDURE AND QUALITY GUARANTEE
I. INTRODUCTORY PROVISIONS
- This Complaint Procedure was prepared in accordance with the Czech Civil Code No. 89/2012 Coll. and the Consumer Protection Act No. 634/1992 Coll. as amended and applies to goods sold by ALBA CR spol. s r.o., for which the rights of the buyer from defective performance are exercised during the warranty period, namely a) the buyer – consumer according to Act no. No. 634/1992 Coll. on consumer protection or b) the buyer – entrepreneur who acts in the conclusion and performance of the contract within its business activities.
- By concluding the sales contract, the buyer agrees with the General Terms and Conditions of ALBA CR spol. s r.o. as well as with this Complaint Procedure and confirms that he is duly acquainted with them. This Complaint Procedure and Quality Guarantee apply to all sales contracts, except for contracts in which special conditions have been agreed with the customer.
- The buyer’s rights from defective performance (hereinafter referred to as “complaint”) must always be exercised in accordance with this Complaint Procedure. Matters not regulated by this Complaint Procedure are governed by the law of the Czech Republic.
II. RESPONSIBILITY OF THE SELLER
- The seller hands over the object of purchase to the buyer in the agreed quantity, quality and design according to the order and order confirmation. The seller is responsible to the buyer for ensuring that the goods are free of defects upon receipt. The seller’s liability applies exclusively to design, manufacturing or other defects caused by the fault of the manufacturer.
In particular, the seller is responsible for ensuring that at the time of acceptance of the goods by the buyer
- the goods have the properties agreed between the buyer and seller or, in the absence of an agreement, the properties described by the seller or manufacturer that the buyer expected with regard to the type of goods and based on their advertising
- the goods are suitable for the purpose and use specified by the seller or for which these goods are usually used
- the quality or design of the goods corresponds to the contractually agreed sample or model, if the quality or design was specified according to an agreed sample or model, and that the quantity corresponds
- the goods comply with the statutory provisions.
- An invoice, a delivery note and, in some cases, a guarantee certificate are issued for the goods. If the goods are not accompanied by a guarantee certificate, the invoice is used to file a complaint.
III. QUALITY UPON RECEIPT
- The seller declares that he hands over the goods to the buyer in accordance with the provisions of § 2161 of the Czech Civil Code.
- The item is defective if it does not have the properties specified in § 2095 and § 2096 of the new Czech Civil Code, i.e., the agreed quantity, quality, design. The fulfilment of another product is also considered a defect. The delivery of a smaller quantity of goods is not to be considered a defect if this is evident from the delivery note or the seller’s declaration. The buyer’s right from defective performance relates to the defect that the item had when the risk of damage passed to the buyer.
IV. LIABILITY RIGHTS FOR DEFECTIVE GOODS
- The moment at which the risk of damage is transferred from the seller to the buyer is the moment of delivery of the goods to the buyer at the agreed place of performance or the moment of handing over to the transport service for transport to the destination.
- The buyer is obliged to properly check the integrity of the goods, their quantity and completeness of its accessories upon receipt.
- Any apparent damage to the goods or their packaging during delivery must be immediately addressed with the delivery service and discrepancies must be recorded in the handover protocol (delivery note). The buyer is not obliged to accept the damaged goods from the carrier and is obliged to inform the Seller of the detected damage without undue delay. If quantitative or apparent surface defects are not resolved as stated above, the buyer cannot assert any rights from defective performance.
- If the buyer does not inspect the goods upon receipt, he can only claim for defects detectable during this inspection if he proves that the goods already had these defects (e.g. missing accessories) at the time the risk of damage was transferred to the buyer. Subsequent claims for incompleteness of the goods or their external damage do not deprive the buyer of the right to file a complaint about the goods. However, the seller has the opportunity to prove that this is not a breach of the sales contract.
- In the event that the goods do not meet the above requirements upon receipt by the buyer and if the defective performance constitutes a material breach of contract, the buyer has the right
a) to the delivery of new goods free of defects, unless this is inappropriate with regard to the nature of the defect. If the defect only affects part of the item, the buyer can only request the replacement of the defective part with a new part that is normally installed on the claimed chair at the time of the complaint.
b) If the buyer does not withdraw from the sales contract or does not make use of the right to deliver new goods free of defects, to exchange components or to repair them, he can request a reasonable discount from the purchase price.
c) The buyer is also entitled to a reasonable discount if the seller cannot deliver new defect-free goods, replace a part or repair the goods or if the seller does not arrange a remedy within a reasonable period of time or if arranging a remedy would cause considerable difficulties for the customer.
d) The buyer – consumer is entitled to withdraw from the sales contract in all cases specified in the Civil Code and the Consumer Protection Act. The withdrawal will take effect vis-à-vis the seller on the day on which the buyer’s declaration was handed over or delivered to him. The buyer cannot withdraw from the contract or request the delivery of a new item if he cannot return the item in the condition in which he received it.
- The buyer is obliged to inform the seller immediately upon notification of the defect or without undue delay after notification of the defect, which right he has chosen and can no longer change this choice, except in the cases specified in § 2106 paragraph 2 of the new Czech Civil Code.
- The buyer hands over the goods to the complaint procedure in a condition that enables the complaint to be processed (we do not accept, for example, extremely polluted goods for complaints – dirt, liquids, etc.).
- The buyer is obliged to prove that he is entitled to file a complaint, in particular to prove the date of purchase. The buyer is not entitled to file a complaint for a defect that has already been claimed in the past, if an appropriate discount on the purchase price has been provided.
- The buyer can file a complaint about the goods at the business premises of ALBA CR spol. s r.o., where the goods were purchased, or at the company’s registered office in Škvorec, Masarykovo nám. 26. A proof of purchase of the goods must be attached to the complaint.
- The seller does not provide a warranty for the following defects:
- if the defect in the goods is obvious already at the time of acceptance and a discount on the purchase price is agreed for such a defect,
- if the goods are used and the defect corresponds to the degree of use or wear and tear that the goods had when taken over by the buyer,
- if the defect was caused by the buyer (incorrect use, incorrect storage, improper maintenance, intervention by the buyer or mechanical damage),
- defects caused by not observing the manufacturer’s instructions (e.g., incorrect assembly – carried out by the buyer or another person he had authorized)
- if the defect occurred as a result of force majeure outside the seller’s influence (e.g., natural disaster)
- if the defect was caused by improper use, in violation of generally known rules of use
- defects caused by use in conditions in which the temperature, dustiness, humidity and chemical and mechanical influences do not correspond to the intended environment, which is specified directly by the manufacturer or which clearly results from the nature of the thing
- defects caused by wear and tear during normal use (on wearing parts such as cover fabrics, foam parts, upholstery, castors, glides, surfaces of frames / star bases)
- defects in materials provided by the customer for the manufacture of products and any damages (defects) resulting from the use of these materials
- variations in colors and finishes of finished products compared to marketing materials (such as catalogs and price lists) and color differences in products ordered over time, resulting from the use of materials from different production batches
- natural properties of materials such as variations in wood colors, changes in surface finish, including loss of color (fading) due to aging, exposure to light, direct sunlight or contact with other materials; characteristic natural features of leather and changes in leather as a result of improper use; pilling of upholstery fabrics
- if the submitted warranty certificate or proof of purchase shows obvious signs of changes in the data.
V. WARRANTY PERIOD AND FILING A COMPLAINT
- The buyer – consumer is entitled to file complaints for defects within 24 months of receipt of the goods. An extended warranty period of 60 months is provided for the EMPIRE product line. The warranty period is fixed and cannot be extended or renewed after it has expired.
The warranty period begins when the goods are handed over to the buyer. If the goods have been shipped in accordance with the contract, the warranty period starts from the date on which the goods were delivered to the destination.
The warranty only applies to products that are used for their intended purpose and in accordance with the principles of proper assembly and the conditions of use, maintenance and cleaning.
The products are intended for use 8 hours a day, 40 hours a week (with the exception of products that are intended for 24/7 use). If the specified usage time is exceeded, the warranty period will be reduced in relation to the usage time of the product.
- When filing a complaint, the buyer proceeds by filling in the COMPLAINT FORM on the website of ALBA CR spol. s r.o. alba.progresium.cz. The buyer then receives a written confirmation – a complaint protocol that serves as a document when processing the complaint.
For all complaints, the buyer is obliged to provide all required data (invoice or delivery note number, description of the defect and proposal for resolving the complaint), guaranteeing their completeness and correctness. The complaint protocol contains information on when the complaint was filed, what its subject is and what solution of the complaint is required by the buyer – consumer.
- During the warranty period, the manufacturer will replace (repair or exchange) free of charge any part that has been damaged by a manufacturing or material defect. When handling the complaint, the manufacturer proceeds at its own discretion by either repairing the damaged goods or replacing the defective components or replacing the claimed goods with new ones. When repairing or replacing goods, the warranty period is extended by the time the goods were in the complaint process.
- The buyer acknowledges that in the event of an exchange of defective goods for new ones when resolving the complaint, no new warranty period for the exercise of rights from defective performance begins to run.
VI. RESOLVING OF COMPLAINTS
- The complaint, including the fixing of defects, must be resolved without undue delay, but no later than 30 days after the complaint has been filed, unless the seller and buyer agree on a longer period. The expiration of this period in vain is considered a material breach of the sales contract. The seller is obliged to confirm in writing to the buyer how the complaint will be handled and the duration.
VII. COLLECTION OF GOODS FROM THE WARRANTY REPAIR
- As soon as the complaint is resolved, the seller informs the buyer either in writing, by telephone or by SMS. For this purpose, the buyer is obliged to provide the seller with the necessary contact information on which he wishes to be notified about the resolved complaint.
- The seller sends or issues a written confirmation to the buyer stating the date and the manner of resolving the complaint, a confirmation of the repair carried out and the duration of the complaint or the reason for the rejection of the complaint.
- The buyer is obliged to take over the claimed goods within 30 days from the date on which the complaint should have been resolved at the latest. After this time, the seller is entitled to charge reasonable storage costs or to sell the goods himself to the buyer’s account. The seller must inform the buyer in advance about this procedure and give him a reasonable additional period to take over the goods.
- In the event of non-collection of the claimed goods from the warranty repair within 30 days of the date on which the warranty repair was completed, the buyer is obliged to reimburse the seller a storage fee of CZK 50 per item for each day of delay in collecting the goods.
- When collecting the goods after the complaint has been settled, the buyer is obliged to present the document he received upon receipt of the goods for the complaint and to prove his identity.
VIII. FINAL PROVISIONS
- This Complaint Procedure and Quality Guarantee come into force on April 1, 2022.
- We reserve the right to make changes to the Complaint Procedure and Quality Guarantee. Each sales contract is subject to the General Terms and Conditions, the Complaint Procedure and Quality Guarantee valid at the time of the conclusion of the contract.