These complaint rules are adopted pursuant to the relevant provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”) and Act No. 634/1992 Coll., On Consumer Protection, as amended (hereinafter referred to as the “Act on Consumer Protection ”), is valid and effective from 1 January 2016 and applies to the conclusion of all purchase agreements between SAMURAI SHOT s.r.o. IČO: 04824385, with its registered office in Prague 9, Sokolovská 101 / 101b, PSC 186 00, registered in the Commercial Register kept by the Municipal Court in Prague ("Seller") and the end customer - consumer ("Buyer") realized in the Seller's e-shop and are an integral part of every purchase contract concluded between the Seller and the Buyer for new goods ("Purchase Agreement") unless the parties have expressly agreed on a derogation.
This complaint procedure applies in the company's e-shop at www.samuraishot.cz.
The buyer's rights from defective performance (hereinafter referred to as "complaints") must always be exercised in accordance with these complaint rules. Matters not regulated by these Complaints Rules are governed by the law of the Czech Republic. The Seller shall acquaint the Buyer with these Complaints Rules in a suitable manner and at the Buyer's request shall provide it in text form, or explain in a comprehensible manner the content, scope, conditions and duration of its liability for defective rights and the manner in which the rights arising therefrom can be exercised.
The seller is not responsible for defects in cases:
- in the case of a defect in the goods sold, as a result of which a lower price has been agreed,
- if the goods are used and the defect corresponds to the degree of use or wear that the goods had when taken over by the buyer,
- in the case of a defect in the goods consisting of their wear and tear caused by their normal use,
- is caused by the buyer and was caused by improper use, storage, improper maintenance, buyer intervention or mechanical damage,
- the defect arose after taking over the goods as a result of an external event beyond the control of the Seller,
- if it follows from the nature of the goods.
Making a complaint
The buyer has the right to file a complaint with the seller at the email address firstname.lastname@example.org, or at its registered office or place of business.
The buyer is obliged to prove that he has the right to file a complaint, especially to document the date of purchase, for example, by submitting a sales document, confirmation of the seller's obligations from defective performance of the warranty card, or in another credible way. The buyer is not entitled to file a claim for a defect that has been alleged in the past if a reasonable discount from the purchase price was provided for it.
If the exercise of the right of defects should cause considerable difficulties for the consumer, especially because the thing cannot be delivered to the place of claim in the usual way, the seller will assess the defect in agreement with the buyer either on-site or otherwise. In such a case, the buyer is obliged to provide the necessary cooperation to the seller.
Deadline for exercising rights
The buyer can exercise his rights from defective performance within 24 months of receipt of the goods. In the case of second-hand goods, the period for exercising the rights arising from defective performance may be reduced to 12 months; such shortening of the period shall be indicated by the seller in the confirmation of obligations arising from the defective performance or on the sales document. After the expiration of the period, the right of defects cannot be exercised with the seller, unless the contracting parties agree otherwise or the seller or the manufacturer provides a special guarantee for quality beyond its legal obligations.
The buyer will inspect the goods as soon as possible after receipt and will be convinced of their properties and quantity. The buyer shall exercise his rights arising from the defective performance without undue delay after finding that there is a defect in the goods. The seller is not responsible for increasing the extent of the damage if the buyer uses the goods, although he knows about the defect. If the buyer legitimately claims the defect against the seller, the period for exercising the rights from the defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
The buyer acknowledges that in the event of an exchange of goods within the settlement of the complaint, there is no new deadline for the exercise of rights arising from defective performance. The period ends 24 months from receipt after purchase of the claimed goods.
The seller is obliged to decide on the complaint immediately, in more complex cases within 3 working days. The time required for a professional assessment of the defect is not included in this period. The seller is obliged to issue a written confirmation to the buyer stating:
- date and place of claim, characteristics of the alleged defect,
The method of handling the complaint required by the buyer, and
- the manner in which the buyer will be informed of its settlement,
- confirmation of the date and manner of handling the complaint, including confirmation of the exchange of goods and its duration, or a written justification for rejecting the complaint.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. 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 and the buyer agree on a longer period. If the last day of the period falls on a Saturday, Sunday or public holiday, the last day of the period is the next working day. The expiration of this period in vain is considered a material breach of the purchase agreement. The seller is obliged to confirm the method of handling the complaint and its duration in writing to the buyer. The buyer is not entitled to change the once chosen method of handling the complaint without the consent of the seller, except in a situation where the chosen method of solution cannot be implemented at all or in time.
The buyer is obliged to take over the claimed goods within 30 days from the day when the complaint should have been settled at the latest, after this time the seller is entitled to charge a reasonable warehouse or sell the goods on his own behalf. The seller must notify the buyer of this procedure in advance and give him a reasonable additional period to take over the goods.
- The Seller is responsible to the Buyer that the goods are not defective upon receipt by the Buyer, by which the Buyer acquires ownership of them. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over: the goods have properties that the Buyer has agreed with the Seller and, in the absence of an agreement, such properties that the Seller or manufacturer described or expected by the Buyer on the basis of the advertising they carry out,
- the goods are fit for the purpose for which they are intended by the seller or for which a thing of this kind is normally used,
The goods are in the appropriate quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
In the event that the goods do not meet the above requirements upon receipt by the buyer, the buyer has the right to deliver new goods without defects, unless this is disproportionate due to the nature of the matter. If the defect concerns only a part of the item, the buyer can only request a replacement of the part; if this is not possible, he may withdraw from the contract and demand a refund of the purchase price in full. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replace their components or repair them, he may demand a reasonable discount on the purchase price. The buyer has the right to a reasonable discount even if the seller is unable to deliver new goods without defects, replace the part or repair the goods, as well as if the seller does not make a remedy within a reasonable time or if arranging a remedy would cause the consumer significant inconvenience.
If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
Seller's liability for a defect that is a material and non-material breach of contract
The seller's liability for defects that are material or non-material breach of contract shall apply to defects in the goods within 24 months of receipt, for defects for which the liability for quality does not apply upon acceptance according to Article 5 of the Complaints Procedure. A defect is considered a material breach of contract if the buyer would not conclude the contract if he foresaw the defect at the conclusion of the contract, in other cases it is a defect that is not a material breach of contract.
If the defect is a material breach of contract, the buyer has the right to choose a new item, repair, reasonable discount or withdrawal from the contract with the right to a refund of the purchase price in full. If the defect is a minor breach of contract, the buyer has the right to rectify the defect or a reasonable discount.
The buyer has the right to deliver a new perfect item, replace a part, a discount or withdrawal from the contract, regardless of the nature of the defect, if the item cannot be used properly due to recurrence of the defect after repair or due to a larger number of defects.
Complaints and dispute resolution costs
If the complaint is recognized as justified, the buyer has the right to reimbursement of reasonable costs associated with the exercise of his right.
In the event that the seller rejects the complaint as unjustified, the buyer, or in agreement with the seller both parties, may turn to a forensic expert in the field and request an independent expert assessment of the defect.
According to the Consumer Protection Act, the buyer as a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, web: http://www.coi.cz.
Contractual quality guarantee
If the seller has provided a quality guarantee in addition to its legal obligations, its application is governed by these Complaints Rules, unless the confirmation of the seller's obligations from defective performance (warranty card) or the contract provides otherwise.