ROBE MERCH ONLINE SHOP COMPLAINT PROCEDURE FOR CONSUMERS
This Complaint Procedure for Consumers regulates the method and conditions for claiming defects of goods (hereinafter referred to as the "Complaint Procedure") purchased through the ROBE merch online shop, located on the web interface www.robemerch.com (hereinafter referred to as the "Web Interface"), from:
Business name: ROBE lighting, s.r.o.
ID number: 640 88 791
VAT Reg. No.: CZ64088791
Registered office: Hážovice 2090, 756 61 Rožnov pod Radhoštěm
Registered: in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 13864
Contact phone number: +420 571 751 500
Delivery address: ROBE lighting MARKETING CENTER, Palackého 232, 757 01 Valašské Meziříčí
Contact email: email@example.com
Address of establishment: ROBE lighting MARKETING CENTER, Palackého 232, 757 01 Valašské Meziříčí
1.WHAT DEFECTS ARE WE LIABLE FOR?
1.1 As the seller, we are liable for ensuring that we have delivered the goods you ordered and that the goods are free from defects upon acceptance. This means that the goods, when accepted, in particular (i) correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics, (ii) are suitable for the purpose for which you require them and to which we have agreed, or (iii) are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
1.2 As the seller, we are furthermore liable to you for the fact that the goods, in addition to the agreed characteristics:
a) are appropriate to the purpose for which the it is normally used, also with regard to the rights of third parties, legislation, technical standards or industry codes of practice in case there are no technical standards;
b) correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that you can reasonably expect, also with regard to our public statements, in particular advertising or labelling;
c) are supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
d) correspond in quality or workmanship to the sample or pattern we provided to you before the contract was concluded.
1.3 Please note that as the seller we are not liable for defects that occur after the goods have been took over by the Buyer.
1.4 If a defect becomes apparent within 1 year as of accepting the goods, the goods shall be deemed to have been defective upon the acceptance unless the nature of the goods or the defect prevent so. This period shall not run for the time during which you have not been able to use the goods; this shall, however, apply only if you have complained about the defect rightfully.
1.5 Please also note that we do not provide you with any guarantee of quality beyond the statutory period for consumers according to the applicable law to complain about a defect.
1.6 Differences in colour shades in reality as opposed to those on electronic display devices cannot be considered a defect of the goods. If the goods do not match your expectations, you have the right to withdraw from the contract within 14 days of accepting the goods in accordance with Article 6 of the Terms and Conditions for Consumers.
2.WITHIN WHAT TIME PERIOD CAN YOU LODGE A COMPLAINT ABOUT A DEFECT?
2.1 In the case of unused consumer goods, the buyer may complain about a defect that appears in the goods within 2 years as of receipt of the goods unless a longer period is specified on the Web Interface, in the documents accompanying the goods or in the advertisement. If you have rightfully complained about the defect, the above period shall not run for the time during which you could not use the goods.
2.2 In the event that the goods are replaced or repaired, the new goods or the replaced parts and spare parts shall not be covered by a new warranty period. However, the warranty period shall be extended by the period of time during which you were unable to use the goods due to the defect, i.e. in particular, the period of time during which the goods are under repair.
3.WHAT RIGHTS DO YOU HAVE FROM DEFECTIVE PERFORMANCE?
3.1 Your rights arising from defective performance shall be governed by the Civil Code, in particular, Sections 2099 to 2117, as well as Sections 2165 to 2174b. The provisions of Sections 2106 and 2107 on rights arising from defective performance shall not apply. Under the above provisions, you are entitled, in particular, to the following rights:
(i) exchange of goods
You may request the replacement of the goods due to the existence of a defect upon the acceptance of the goods unless the chosen method of removing the defect is impossible or unreasonably expensive compared to repairing the goods; this shall be considered, in particular, with regard to the significance of the defect, the value that the goods would have had without the defect, and whether the defect can be removed by repair without significant difficulties for the buyer.
(ii) repair of the goods
If the defective goods can be repaired, you are entitled to have the defect removed free of charge. If, during the complaint procedure, it turns out that we are unable to repair the goods or that the repair is unreasonably expensive, especially in view of the significance of the defect and the value that the item would have had without the defect, we are entitled to inform you of the refusal to repair. In the above case, we will inform you immediately, and you may choose another method of complaint handling as described here.
(iii) discount on the purchase price
If there was a defect in the goods at the time of acceptance, you may claim a reasonable discount on the purchase price if:
a) We have refused to remove the defects or have not removed them within a reasonable time or without significant inconvenience to the buyer;
b) We are unable to remove the defect that prevents you from using the goods properly, or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
c) You are unable to use the goods properly because of the recurrence of the defect after repair (the occurrence of the same defect after at least two previous repairs);
d) The defect is a significant breach of the contract;
e) The goods are subject to multiple defects (simultaneous occurrence of at least three avoidable defects, each of which prevents the goods from being used properly); or
f) It is apparent from our statement or the circumstances that the defect will not be removed within a reasonable time (within 30 days of the claim at the latest) or without significant inconvenience to the buyer. The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the buyer.
(iv) withdrawal from the contract (i.e. refund)
You can only request a refund in the following cases:
a) If we have refused to remove the defect or have not removed it within a reasonable time or without significant inconvenience to the buyer;
b) If we are unable to remove the defect that prevents you from using the goods properly, or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
c) You are unable to use the goods properly because of the recurrence of the defect after repair (the occurrence of the same defect after at least two previous repairs); or
d) The defect is a significant breach of the contract;
e) The goods are subject to multiple defects (simultaneous occurrence of at least three avoidable defects, each of which prevents the goods from being used properly);
f) It is apparent from our statement or the circumstances that the defect will not be removed within a reasonable time (within 30 days of the claim at the latest) or without significant inconvenience to the buyer; or
g) The defect was caused by incorrect assembly or installation which was carried out by us or under our responsibility under the contract; or if the defect was caused by a deficiency in the instructions we provided with the goods. On the other hand, you do not have the right to withdraw from the contract if the defect is insignificant.
3.2 As a condition for replacing the goods or refunding money (withdrawal from the contract), you must return the goods in the same condition in which you received it. The exceptions are cases where (i) the condition of the goods has changed as a result of an inspection for the purpose of discovering a defect of the goods,
(ii) you used the goods before the defect was discovered, (iii) you did not cause the impossibility of returning the goods in its unaltered condition by your act or omission, or (iv) you sold the goods before the defect was discovered, consumed it, or altered the goods in its normal use; if this has happened only in part, you shall return to us everything that can still be returned and compensate us to the extent to which you have benefited from the use of the goods.
4.WHEN ARE THE RIGHTS FROM DEFECTIVE PERFORMANCE NOT EXERCISABLE?
4.1 You are not entitled to any rights under the defective performance if (i) you caused the defect, (ii) the defect occurred after you took over the goods, or (iii) the defect notice period or any warranty period (if applicable) has expired.
4.2 Furthermore, any warranty and liability claims shall not apply to:
a) Wear and tear caused by normal use (wear and tear caused by use includes a reduction in battery capacity);
b) Defects in the used item corresponding to the level of use or wear and tear the goods had when you accepted them; or
c) The goods if this is apparent from their nature (in particular, the goods which, by their nature, cannot last for the entire duration of the defect period or any warranty period).
5.HOW TO PROCEED WITH YOUR COMPLAINT?
5.1 You shall lodge a claim with us without undue delay after the defect has been discovered. In relation to the consumer, the court shall grant the right to claim a defect even if the defect was not claimed without undue delay after you could have discovered the defect with reasonable diligence.
5.2 Complaints shall be received at any of our business premises where the receipt of the complaint is possible with regard to the assortment of the goods sold, as well as at our registered office.
5.3 In order to settle the complaint as soon as possible, we recommend using the address
ROBE lighting MARKETING CENTER, Palackého 232, 757 01 Valašské Meziříčí.
If you wish to have an item repaired, and the certificate of the duration of the rights from the defective performance (warranty certificate) indicates a person designated for the repair, you are obliged to lodge a claim with such person. You are only obliged to do so if the person is in the same place as we are or in a place closer to you.
5.4 Recommended complaint procedure:
a) For faster handling of the complaint, you can inform us in advance by email or in writing;
b) At the same time, we advise you to inform us about the right from the defective performance you have selected, i.e. whether you are interested in a discount on the purchase price, replacement of the goods, repair of the item, refund of money, or other rights in accordance with these Complaint Procedure and the Civil Code;
c) Deliver the claimed goods to us together with the such claim or subsequently (in a way other than by cash on delivery, which we shall not accept) to the address of the registered office or business premises (or to the address of the person designated for repair), and, when sending the goods, we recommend you to pack them in a suitable packaging so as not to damage or destroy the goods;
d) In order to facilitate the procedure, it is advisable to attach a proof of the goods purchase or a tax document – an invoice, if issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal for a solution of the complaint.
e) Failure to comply with any of the above steps or failure to submit any of the above documents shall not prevent the settlement of the claim under the statutory conditions.
f) The moment of making a complaint of the purchased goods shall be the moment when we are notified of the defect.
g) When you make a claim, you will receive a written confirmation that includes the date of your claim, the content of the claim, the method of handling the claim you require and your contact details for the purpose of providing information about the claim settlement.
h) Your complaint, including the removal of the defects, shall be handled within 30 days as of the date of the complaint unless a longer period is agreed with you in a particular case. We shall inform you within this period of time regarding the settlement of the claim, including the manner in which it will be settled.
i) If you choose a right that cannot be granted for objective reasons (in particular, in the case of irreparable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such case, you may choose another right in accordance with these Complaint Procedure.
j) Once the claim has been settled, you will receive a confirmation of the date and method of the claim settlement, including confirmation of the repair and the duration of the repair, or a written reasoning for the rejection of the claim.
k) According to the Civil Code, you have the right to reimbursement of the costs reasonably incurred in connection with the complaint. Please note that you must exercise the right to claim these costs within one month after the expiry of the period within which the complaint of a defect must be lodged.
These Complaint Procedure shall become valid and effective as of 5. 9. 2023