These Complaints Rules (hereafter referred to as RŘ) regulate the conditions for exercising rights from defective performance, incl. quality guarantee and complaints procedure for the sale of goods sold by the company Alžbětiny Lázně, as, with its registered office at Smetanovy sady 1145/1, 360 01 Karlovy Vary, ID number: 26342421, VAT number: CZ26342421, registered in the OR of the Regional Court in Pilsen, section B, insert 968 ( hereinafter referred to as the "Company") with purchasers of goods (hereinafter referred to as the "Customer"), which are related to the purchase contract concluded between them in the Company's store.
Obvious defects in the provision of the procedure, which are, for example, the method of performing the procedure, the duration of the procedure, the tools used, the Customer is obliged to complain during the procedure directly to the person performing the procedure so that rectification can be arranged immediately, or to notify the facts immediately after the procedure is performed at the reception desk in writing.
1. Rights from defective performance
1.1. The customer is obliged to properly check the goods upon purchase, while he is obliged to immediately report any obvious defects to the company's representative - the salesperson. If they do not do so, it is considered that the Goods did not have any obvious defects at the time of purchase.
1.2. Obvious defects are defects that are detectable with the naked eye during normal inspection of the Goods.
1.3. In the event that the Goods, when purchased by the Customer, are otherwise (not obviously) defective within the meaning of § 2099 OZ (hereinafter referred to as hidden defects), the Customer has the right to have the Company restore the Goods to the appropriate condition free of charge and without undue delay, according to normal standards.
1.4. If the customer discovers hidden defects after concluding the purchase, the customer has the right to either exchange the item, deliver the missing item, or repair it. In the event of a minor breach of the Agreement, the Customer has the right to either exchange the item or deliver the missing item. If such a procedure is not possible, the Customer may request a reasonable discount from the Purchase Price. This does not apply if the Customer knew before taking over the Goods that the item had a defect or caused the defect himself.
1.5. Hidden defects, i.e. defects that are not detectable with the naked eye during normal inspection of the Goods, are not considered to be defects related to the inappropriate use of the Goods by the Customer or any other fact precluding a claim for the Goods, e.g. according to Article II. paragraph 3.3, 3.4 or paragraph 3.5 of these regulations.
2. Warranty period
2.1. The company provides a guarantee for the quality, function and appearance of the delivered goods for the duration specified by law, unless a longer guarantee period has been agreed in writing. Unless otherwise agreed, the warranty period is 24 months, in the case of discounted used or refurbished goods, six months from receipt of the goods, except for ordinary consumer goods on which the shelf life is marked with time data.
2.2. If a shorter shelf life is indicated on the packaging of the sold Goods, then this specified period applies.
2.3. The warranty period ends at 00:00 on the last day of the agreed period. Goods complaints must be reported no later than the last day of the agreed warranty period.
3. Scope of warranty
3.1. The warranty applies to defects in goods and their parts caused by manufacturing defects, defects in parts and damage during transport or packaging. Each product is accompanied by a receipt, which also serves as a warranty card.
3.2. During the warranty period, the Customer has the right to free defect removal, if such removal is possible.
3.3. The warranty does not cover any defects and damage caused by non-compliance with the correct use of the Goods, mechanical damage, improper maintenance, neglect of regular maintenance, improper cleaning, or the use of incorrect materials for its maintenance, any unprofessional intervention, etc.
3.4. If the customer or persons other than the Company carry out repairs or other interventions on the delivered goods during the warranty period, the warranty period expires and the Customer loses his rights from the provided warranty.
3.5. The warranty does not apply to specific goods if, based on an agreement with the customer, a discount was provided for these specific products for certain reasons, within the scope of these reasons (claims cannot be made for the reasons for which a discount was provided for the goods).
3.6. If the thing does not have the properties guaranteed by the guarantee according to Article 3 of the RŘ and if the Company finds during the assessment that the defect concerns only a part of the thing, then it will further handle the claim only for this part. In such a case, the Customer has the right only to exchange a part of the item; however, if this is not possible, he may request the delivery of a new item or withdraw from the contract.
4 Warranty conditions for claiming defects
4.1 Claimable defects are exclusively defects that prevent the full use of the products.
4.2 The assessment of the validity of the claimed defect is always based on the opinion of the manufacturer of the specific product.
5. Method of making a complaint
5.1. The customer is obliged to file a complaint with the Company without undue delay after discovering a defect, within the specified period in person, by e-mail or by post and, depending on the nature of the complaint, attach photo documentation for faster processing.
5.2. After receiving the complaint and its confirmation by the Company, the Customer is obliged to proceed in accordance with the instructions below. The customer will either deliver the claimed goods, including other delivered accessories, or send them at his own expense to the Company's address together with a copy of the purchase receipt, as well as a written specification of the claimed defect, in which he will provide essential information, incl. the information used to prove the correctness of use and the Customer's contact details.
5.3. The complaint must be made in such a way that it is clear from it which Goods and which specific part of it it refers to, with a description of the defect in question, its manifestations and the method of its detection. Each complaint must be specific enough to clearly determine the nature of the claimed defect, the circumstances of its discovery and its manifestations.
5.4. When making a complaint, the customer is obliged to state which right he has chosen from defective performance, or from warranty. If he does not do so, then it will be determined by the Company taking into account the nature of the claimed defect, or to the manufacturer's opinion.
5.5. The Customer shall send the complaint applied electronically to the email address info@spa5.cz
5.6. Complaints sent only by e-mail containing a detailed description of the claimed defect according to paragraph 5.3 are not considered a proper application of the complaint in accordance with this complaint procedure (due to possible non-delivery due to a failure of servers, software or other outages), if they were not received within 2 days of sending confirmed by the Company.
5.7. A complaint is not possible and will not be considered accepted or processed if the customer does not present proof of payment of the purchase price.
5.8. In the case of sending the claimed product to the company, the customer is obliged to secure the goods for their transport, while the company is not responsible for any damage caused during such transport.
6. Method of handling the complaint
6.1. The company will deal with the received complaint within a period corresponding to the nature of the defect and the necessity of communication with the manufacturer, but no later than within 30 days from the date of application of the complaint. The customer is informed of the result of the complaint handling by e-mail within three working days of the delivery of the manufacturer's opinion, unless the company has decided to handle the complaint separately.
6.2. In the event that during the processing of the complaint facts about the claimed defect are discovered, which are the reason for not recognizing the complaint, the company must notify the customer of such fact and reject the complaint, even though it was accepted for processing by its employee.
6.3. The period for processing the complaint is suspended for the period during which the customer did not provide the necessary cooperation, in particular did not provide the required documents or information.
6.4. If the company, on the basis of the manufacturer's opinion or in justified cases, on the basis of its own discretion, comes to the conclusion that the claimed complaint is justified, then:
a) in the case of removable defects, it will ensure the removal of this defect within a reasonable period of time, either by delivering new Goods, or another with the same parameters or replacement of the component;
b) depending on the nature of the defect, it can provide a reasonable discount on the price of the product, if the defect does not prevent the functionality of the product;
c) in case of irreparable defects, they will exchange the product for the same one, or another with the same parameters or return the paid purchase price, after prior approval of this decision by the customer.
The choice between the options according to letters a)-c) of this paragraph is up to the Company. In case of repetition of the same defect of the same product, or part of it or for a larger number of defects (3 or more), the customer is entitled to withdraw from the contract, in writing in accordance with the applicable legal order.
6.5. A complaint statement is written about the outcome of each complaint, which the company sends to the customer by e-mail
6.6. In case of recognition of the complaint and a decision to return the purchase price, the Customer is obliged to sign the Corrective Tax Document, which will be sent to him by email together with information on how to handle his complaint and other instructions for returning the claimed goods.
6.7. If the complaint is rejected with due justification that the alleged defect that the Customer complains about is not a complaintable defect, and if the Customer nevertheless insists on the applied complaint, the Customer hereby undertakes to compensate the Company for the damage incurred as a result of the costs associated with processing wrongly claimed defects (especially the costs of preparing any expert reports, postage, administrative and court fees, etc.).
7. Final Provisions
7.1. The Czech Trade Inspection, Inspectorate for the Plzeň and Karlovy Vary Regions, with registered office at Houškova 661/33, 326 00 Plzeň, ID: 00020869, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. www.coi.cz, email: plzen@coi.cz, databox: DS ID: ytqdz5f.
7.2. This RŘ of the company became effective on 1 May 2024
7.3. The provisions of this RŘ can be changed and supplemented based on the company's decision