Complaints procedure for the sale of goods

These Complaints Regulations for the sale of goods (hereinafter referred to as the " Complaints Regulations ") govern the manner and conditions of complaints regarding defects in goods purchased by the consumer through the Dortisimo.cz online store from our company:

Dortisimo.cz s.r.o. , with registered office at Prosecká 682/117, Prosek, 190 00 Prague 9
ID: 24239241
VAT number: CZ24239241
registered: in the commercial register maintained by the Municipal Court in Prague, section C, insert 201508
address for delivery: Dortisimo.cz s.r.o., Toužimská 897/E1, Prague 19900
phone number: +420 739 699 384
contact e-mail: info@dortisimo.cz

1. What product defects are we responsible for?

1.1. As a seller, we are responsible for the fact that the goods you ordered were delivered to you and that the goods are free of defects upon receipt . This means that the goods upon receipt in particular:

• has the characteristics that have been agreed between us, that we describe, or that you might have expected given the nature of the goods and based on the advertising;
• is in adequate quantity, measure or weight;
• meets the requirements of legal regulations;
• is suitable for the purpose we state or for which the purchased goods are normally used;
• corresponds to the quality that was agreed between us, or to the quality that is established for the given type of goods by valid and effective legal regulations; and
• it has no legal defects, i.e. a third party has no property rights to the goods and the goods are equipped with documents and documents necessary for the proper use of the goods.

Furthermore, we are responsible for the fact that these defects do not occur during the warranty period. Beyond the statutory consumer warranty period, we do not provide any quality guarantee.

1.2. Differences in color shades in reality and on electronic display devices cannot be considered a product defect. If the goods do not meet your expectations, you have the right to withdraw from the contract within 14 days of receiving the goods in accordance with Article 6 of the General Terms and Conditions for the Sale of Goods.

1.3. If the defect of the goods becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

2. What is the warranty period?

2.1. For unused consumer goods, the warranty period is twenty-four months from the receipt of the goods , unless a longer warranty period is specified on the web interface, in the documents attached to the goods or in the advertisement.

2.2. If the minimum durability date is indicated on the goods, or if the item is subject to rapid deterioration, the period during which the item can be used is indicated, the warranty period lasts until such date.

2.3. In the event that the goods are exchanged or repaired for you, for new goods, or replaced parts and spare parts do not have a new warranty period. In this case, however, the warranty period is extended by the time during which you could not use the goods due to the defect, i.e. in particular by the time during which the goods are being repaired.

3. What rights do you have from defective performance?

3.1. Your rights from defective performance are governed by the Civil Code, in particular §§ 2099 to 2117, as well as § 2165 to 2174.

3.2. In accordance with the above provisions, you have the following rights in particular:

a) Supplementing what is missing

If we deliver the goods to you in a smaller quantity than was agreed, or if we deliver incomplete goods to you, you have the right to have what is missing replaced.

b) Discount from the purchase price

If there was a defect in the goods when you received them or if the defect occurred during the warranty period, you can always request a reasonable discount from the purchase price.

c) Exchange of goods or defective parts of goods

You can always request the exchange of goods or a defective part of the goods, if this is not disproportionate to the nature of the defect (i.e. especially in the case where immediate repair of the item is not possible) and if it is not only an insignificant breach of contract.

You do not have the right to exchange goods if only a part (component) of the goods is defective. If during the complaint procedure we come to the conclusion that only a part of the goods is defective, we will exchange this part for you.

You cannot request an exchange for goods sold at a lower price. Instead, you can claim a discount on the purchase price.

d) Repair of the item

If the goods can be repaired, you have the right to have the defect removed free of charge. If during the complaint procedure it turns out that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.

e) Refunds (withdrawal from the contract)

You can request a refund only if :

• the delivery of a defective or incomplete item by us constitutes a material breach of contract; or
• we are unable to remove a defect for which you cannot use the goods properly, or we are unable to replace the goods with this defect (e.g. the goods are no longer manufactured); or
• you cannot use the goods properly due to the repeated occurrence of the defect after repair (occurrence of the same defect after at least two previous repairs); or
• a greater number of defects occur on the goods (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the goods); or
• we do not meet the deadline for handling the complaint/we do not seek redress within 30 days from the application of the complaint.

3.3. The condition for exchange of goods or refund (withdrawal from the contract) is that you return the item in the condition in which you received it. Exceptions are cases where:

a) there has been a change in condition as a result of an inspection for the purpose of detecting a defect in the item;
b) you used the item before the defect was discovered;
c) you did not cause the impossibility of returning the item in an unchanged state by your actions or omissions; or
d) you sold the item before the defect was discovered, used it, or changed the item during normal use; if this has happened only in part, you will return to us what you can still return and give us compensation up to the amount in which you have benefited from the use of the item.

4. When cannot rights from defective performance be exercised?

4.1. You do not have rights from defective performance if:

• you knew about the defect before taking over the item;
• you caused the defect yourself; or
• the warranty period has expired.

4.2. The warranty and claims from liability for defects do not apply to:

• wear and tear of goods caused by their usual use (wear and tear caused by use is also considered to reduce the capacity of batteries and accumulators);
• items sold at a lower price - only in relation to the defect for which the lower price was negotiated; or
• if it follows from the nature of the thing (especially goods which by their nature cannot last for the entire duration of the warranty period).

5. How to proceed with a complaint?

5.1. Make a complaint with us without unnecessary delay after discovering the defect.

5.2. We accept complaints at any of our establishments , in which receiving a complaint is possible with regard to the range of goods sold, and at our headquarters . For the fastest possible handling of the claim, we recommend using our office.

5.3. Recommended complaint procedure:

• for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
• at the same time, it is advisable to inform us about which right you have chosen from defective performance, i.e. whether you are interested in completing what is missing, a discount on the purchase price, exchange of the goods or its defective parts, repair of the item, return money, or other rights in accordance with this complaints procedure and the Civil Code;
• deliver the claimed goods to us together with the application of the claim or subsequently (other than cash on delivery, which we do not accept) to the address of the registered office or establishment, and when sending, we recommend packing the goods in suitable packaging so that they are not damaged or destroyed;
• to facilitate the procedure, it is advisable to attach a proof of purchase of the goods or a tax document - an invoice, if it was issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal on how to resolve the complaint.

Failure to complete any of the above-mentioned steps or failure to submit any of the above-mentioned documents does not prevent the positive processing of the claim according to legal conditions.

5.4. The moment of application of the complaint is the moment when we were notified of the occurrence of a defect and the right of liability for defects of the sold item was asserted.

5.5. We make a decision on the received claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including possible removal of the defect, will be dealt with without undue delay, no later than 30 days from the date of application of the complaint, unless we agree on a longer period.

5.6. If you choose a right that cannot be granted to you for objective reasons (especially in the case of irreparable defects or in the case of an exchange of goods that is not possible), we will contact you immediately. In such a case, you can choose another right in accordance with this complaint procedure.

5.7. In the event of a complaint, we will issue you a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you require. Furthermore (after handling the complaint) we will issue you a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

5.8. In accordance with the Civil Code, you have the right to reimbursement of the costs incurred when making a claim for goods. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period in which the defect must be pointed out.

These Complaints Regulations are valid and effective from 5/15/2017.