The Complaints Procedure regulates the conditions under which the Buyer may exercise the rights arising from liability for defects (hereinafter referred to as "complaints") in the Easy Food sales network, represented by Michaela Wady, and the purpose of these Complaints Rules is to establish a procedure for quick and correct handling of complaints. the rights and obligations of the Seller and the Buyer in the application of liability for defects of products and services and the guarantee for quality according to the relevant provisions of § 2079 et seq. Act No. 89/2012 Coll., Civil Code, as amended.
1.1 The Seller is responsible to the Buyer for the fact that the goods sold in the Easy Food sales network are not defective when taken over by the Buyer, ie they are in accordance with the Purchase Agreement and have the quality and useful properties described by the Seller, the Seller or the Seller's supplier or the advertising or data expected on the packaging of the goods or in its instructions, or the quality and useful properties usual for a thing of such a kind that it meets the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Easy Food sales network for the use of goods or for which the goods are usually used.
1.2 The Seller does not assume responsibility for any deficiencies caused by improper assembly of goods manufactured or modified according to the Buyer's request. The fact that the goods were manufactured or modified according to the Buyer's request, the Buyer confirms by physically taking over the ordered goods.
1.3 Complaints about the taste, composition, damage of goods or incomplete goods or other external inspection of detectable parameters of goods must be made by the Buyer immediately after their discovery, at the latest upon receipt of the goods. Subsequent complaints will not be taken into account.
LENGTH OF WARRANTY PERIOD
2.1 The Seller undertakes to provide the Buyer with a quality guarantee for the purchased goods in the following length ("warranty period"): (a) in the case of food until the expiration date or minimum shelf life, or until the time by which the goods are to be consumed, if the conditions for their storage are observed by the Buyer and if the food has not been opened, except in cases where it is necessary to detect a defect. Exceptions are those foods for which the indication of minimum durability is not required by law, such as in our case fresh fruits and vegetables, fruit juices - for these products the Buyer is entitled to exercise its rights from defects no later than the day after purchase, unless the Seller expressly states otherwise. This provision shall apply mutatis mutandis to recoverable goods which are marked with the shortest shelf life or, where applicable, to perishable goods on which the period during which the goods can be used is indicated; (b) for other products (non-food goods) for a period of 24 months, which begins to run from the moment of receipt of the goods by the Buyer in accordance with the Purchase Agreement. If the Seller, the manufacturer or the Seller's supplier sets a longer period for a specific product or part thereof, the Seller undertakes to provide the Buyer with a quality guarantee in this length, if the Buyer complies with the conditions set by the product supplier or its manufacturer. necessary for the application of the extended warranty and which are known to the Buyer. This provision does not apply in the case of used consumer goods, where the warranty period is set at half of the statutory period for the exercise of rights from defective performance, unless the Buyer specifies a longer warranty period.
2.2 In the event that the Purchase Agreement, warranty card, advertisement or packaging of the goods specify different lengths of the warranty period, the longest period shall apply.
2.3 The warranty period begins on the day of receipt of the goods by the Buyer, if the subject of purchase is several types of goods or delivery of several parts, the warranty period begins on the date of receipt of the last delivery of goods.
2.4 During the warranty period, the Seller undertakes that the goods or part thereof will be suitable for use for the agreed or usual purpose for a specified period of time and that they will retain the agreed or usual properties.
CLAIM FOR WARRANTY
3.1 The buyer has the right to exercise his right arising from the quality guarantee only on goods that have defects and were purchased in one of the stores of the Easy Food sales network in the Czech Republic. A defect in the goods cannot be considered to be a change in the goods that occurred during the warranty period as a result of its wear or incorrect use, storage or incorrect intervention or for reasons pursuant to Article 4 of these Complaints Rules.
3.2 In the event of a complaint, the Buyer is obliged to prove when and where he purchased the goods from the Seller, for example by presenting proof of payment for the goods, a receipt or warranty card or in another provable manner.
3.3 The buyer makes a complaint best by email at email@example.com. The Buyer is also entitled to file a complaint at the Seller's registered office.
3.4 The store will issue a confirmation of receipt of the goods to the Buyer for the goods handed over to the store of the Easy Food sales network for complaint, which remains the property of the Buyer for the period of handling the complaint and is stored separately from other goods.
3.5 The person handling the complaint is obliged to confirm to the Buyer in writing, when the Buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out the repair.
GROUNDS FOR DISCLAIMER OF WARRANTY
4.1 The rights of the Buyer from liability for defects of the goods for which the warranty period applies shall expire if
(a) if not claimed during the warranty period;
(b) the goods have been damaged mechanically (by a fall, impact) or have been used in conditions which do not correspond in their parameters to the parameters specified in the documentation by the manufacturer, incl. storage of goods;
(c) the goods have been consumed in whole or in part or devalued in any way.
4.2 Furthermore, the warranty does not apply to wear and tear of the goods caused by its normal use, to goods modified in any way by the Buyer or a third party. The warranty does not cover damage to the goods due to natural disasters or weather conditions.
4.3 In the case of goods sold at a lower price, the warranty does not apply to defects for which a lower price has been agreed, in the case of used items to defects corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer.
METHOD OF COMPLAINTS
5.1 If the goods do not have the properties specified in Article 1.1 of these Complaints Rules, the Buyer has the right,
in particular, if the defect can be rectified without undue delay, for the rectification of the defect free of charge; if this is not disproportionate due to the nature of the defect, the Buyer may also request the delivery of a new item without defects, but if the defect concerns only a part of the item, the Buyer may only request the replacement of the part; if this is not possible, he may withdraw from the Purchase Agreement.
5.2 The Buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In such a case, the Buyer also has the right to withdraw from the Purchase Agreement and the Buyer will be paid the original purchase price in cash at the place of complaint under these circumstances.
5.3 If the Buyer does not withdraw from the Purchase Agreement or if he does not exercise the right to deliver a new item without defects,
to replace its component or to repair the item, may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the Buyer considerable difficulties. If the goods claim is settled by providing a discount, the monetary difference between the original amount and the amount after the discount in the amount of the discount value will be paid to the Buyer at the place of claim in cash, unless otherwise agreed with the Seller.
5.4 Immediate exchange of goods or part thereof is conditioned by its physical condition in the warehouse or store of the Seller. If the Buyer requests the exchange of defective goods for faultless or a refund of the purchase price, he must present the defective Goods complete, with all its accessories, which were the content of the original packaging of the Goods.
PROCESS OF COMPLAINT
6.1 It is essential to file a complaint without undue delay as soon as a defect has occurred in the goods, during the warranty period according to Article 2.1 of these Complaints Rules above. If the complaint is settled by repair, the period from the exercise of the right from liability for defects to the time when the Buyer was obliged to take over the item after the repair is not included in the warranty period, nor does the new warranty period begin from taking over the repaired thing.
6.2 The seller is obliged to decide on the complaint immediately, without undue delay, in more complex cases within three working days. This period does not include a reasonable time, depending on the type of goods needed for a professional assessment of the defect.
6.3 Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller agrees on a longer period. Within this period, the Seller shall also notify the Buyer of the method of handling the complaint. Vain expiration of the period is considered a material breach of the Purchase Agreement.
STORAGE OF GOODS AFTER COMPLAINTS
7.1 After the complaint has been settled, the Buyer will be immediately invited to collect the goods within 30 days of the complaint being settled. If he does not pick up the goods, he will be sent a request (email, sms, registered letter) with an additional period for collection of 30 days again.
7.2 If the Buyer does not pick up the goods within the specified time limits, the Seller shall store the goods at the Buyer's expense and responsibility and store it for one year, during which the Buyer still has the opportunity to pick up the goods. However, starting from the day of sending the invitation with an additional period of 30 days for collection, the Seller has the right to charge the customer storage costs of 50 CZK / day. After one year of storage, the Seller has the right to dispose of the goods and charge the Buyer additional costs associated with the disposal of the goods.
8.1 Unless specifically stated, the complaint procedure follows