Introductory provisions
The Claim Procedure contains information for the customer who claims Goods purchased at the online shop/e-shop operated by STŘÍDA SPORT Ltd.
Claims of Goods under the warranty period are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and the Consumer Protection Act No. 634/1992 Coll. and is an integral part of the Business Terms applicable as of January 1, 2014.
Liability for defects of Goods, warranty
The Seller guarantees to the Buyer that the Goods are not defective upon accepting. In particular, the Seller guarantees to the Buyer that at the time of accepting the Goods,
1. the Goods have features agreed on by both parties and, in the absence of such arrangement, features which the Seller or the manufacturer have described or which the Buyer has expected in regard to the type of Goods and based on the advertising made by the Seller or the manufacturer,
2. it fits the purpose determined by the Seller, or to which an item of this kind is usually used, is in conformity with the quality or performance of the agreed sample or original, if the quality or design has been determined on the basis of the agreed sample or original,
3. is in adequate quantity, size or weight
4. complies with legal requirements
The Seller shall provide the Buyer with a warranty on the Goods for a period of 24 months (unless otherwise specified) that begins at the time of accepting Goods.
If a defect occurs within six months after accepting the Goods, the item is considered to have been defective already at the time of accepting the Goods.
The time from exercising of the right of liability for defects, until the time the Buyer has been obliged to accept the Goods until finishing the claim procedure does not count towards the warranty time. If the Goods are exchanged, the warranty time begins again from the receipt of the new item. The same applies to the relevant part if that has been exchanged. The warranty time can’t be confused with the lifespan of the Goods, i.e. the period during which the Goods should last and withstand with the correct use and care, regarding their features, designed purpose of use and differences in the intensity of their use.
Right to claim defects
The Seller guarantees to the Buyer that the item does not have defects upon accepting
the Goods. The Buyer is entitled to claim a defect that may occur in the Goods within 24 months from accepting the Goods. If the Goods is defective, the Buyer may also require a delivery of a new item without defects, if this is not adequate due to the nature of the defect, but if the defect relates only to a certain part of the item, the Buyer may only require a replacement of a particular part; If this is not possible, he can withdraw from the purchase Agreement. However, if this is unsuitable in view of the nature of the defect, especially if the defect can be fixed without undue delay, the Buyer has the right to a free removal of the defect.
The Buyer is entitled to delivery of a new item or replacement of the part even if a defect can be fixed, but the item cannot be properly used for repeated defects after repair or for more defects. In this case, the Buyer has the right to withdraw from the purchase Agreement. If the Buyer does not withdraw from the purchase Agreement or does not apply the right to delivery of a new item without defects, he may request a reasonable discount to replace a part of the item or to repair the item. The Buyer has the right to a reasonable discount even if the Seller can’t deliver a new item without defects, or replace its part or repair the item as well as if the Seller fails to fix the defect within a reasonable time or that the repair would cause considerable difficulties for the consumer.
Defects should be claimed with the Seller and the Buyer is obliged to deliver the defective Goods to the Seller’s premises, where the defective Goods have been purchased, or to his/her headquarters, for the defect to be assessed.
The eligibility of the claim would be assessed by the manufacturer, in some cases by the importer of the Goods, who then issues his/her written statement. The Buyer is obliged to ask the Seller about the outcome of his/her claim. He should do so within 30 days from sending the written claim and returning the Goods to the Seller.
An eligible claim would be settled by sending repaired Goods, as an exchange for a new piece, by providing a reasonable discount from the purchase price or by returning the purchase price to the Buyer.
The right to claim the Goods cannot be exercised in following cases:
- Breaking of the seals and stickers if they are present on the product.
- Incorrect installation, handling or operation or use, that does not comply with the user manual.
- Using Goods in environment and circumstances that are not in accordance with the instructions from the Seller
- The Goods have been damaged by natural elements.
- The Goods have been damaged by excessive use or use that is not in accordance with the instructions from the Seller
- Goods damaged by plugging into the source of electricity that does not comply with the relevant Czech national regulations.
How to proceed with claims
If the Buyer receives faulty, malfunctioning or damaged Goods, he shall notify the Seller of the defects as soon as possible, at the place where the defective product was purchased or at the Seller’s headquarters, but no later than 10 working days upon discovering the defect. Goods would be sent or handed over complete as they were accepted.
In the event of damage to Goods during transportation, the Buyer is obliged to make a written report to the carrier and informs the Seller immediately. The Goods must be packed in such way that the wrapping sufficiently prevents damage to the product during transportation.
It is recommended to the customer that he delivers the claimed Goods clean, free of dirt and hygienically safe.
It is necessary to attach to the sent Goods the cover letter with the description of the defect, along with the warranty card and a copy of the invoice or proof of purchase. The Goods need to be sent complete, sending only the damaged parts is not possible.
In case of a refund, please include the number of your bank account in the cover letter. If the customer does not have a bank account, the money would be sent to him/her by a money order.
The Seller or the authorized employee decides on the eligibility of the claim immediately after the Goods have been properly submitted for assessment, in special cases within three working days. The deadline does not include a reasonable time needed for expert assessment of the defect, also depending on the type of Goods. Claims, including the removal of a defect, must be settled without undue delay, no later than 30 days from the date of claim submission, unless the Buyer agrees to a longer deadline.
The Seller would give the Buyer a written statement specifying the date when the right to claim a defect was applied, also stating what is the content of the claim and how and when the claim would be handled and settled by the Buyer (including any written justification for the rejection of the claim).