Complaints rules
Seller:
Globus ČR, v. o.s.
Kostelecká 822/75, 196 00 Praha 9 – Čakovice
Company ID: 63473291
in the Commercial Register maintained by the Municipal Court in Prague, Section A, File 79154
2. The seller is not liable for defects in the following cases:
- if the goods are defective at the time of receipt and a discount on the purchase price has been agreed for such a defect,
- the defect arose on the goods through wear and tear caused by normal use, or if this follows
by the nature of the goods (e.g. expiry of their service life),
- is caused by the buyer and arose from improper use, storage, improper
maintenance, intervention by the buyer or mechanical damage,
- the defect arose as a result of an external event beyond the seller's control.
2. The buyer is obliged to prove that they are entitled to make a complaint, in particular to document the date of purchase, either by presenting the sales receipt, confirmation of the seller's obligations arising from defective performance, the warranty certificate, or in another credible way.
3. If making a complaint would cause the consumer considerable difficulty, in particular because the goods cannot be transported to the place of the complaint in the usual way or because the goods are installed or form part of real estate, the seller will assess the defect, by agreement with the buyer, either on site or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
4. In the case of a complaint about goods purchased through the seller's online shop, the buyer is also entitled to send the goods subject to the complaint by post to the address of the seller's logistics centre: Poděbradská 607, 250 90 Jirny. This right does not apply to perishable goods, goods with a short shelf life and other goods which, due to their nature, are not suitable for sending by post.
1. The buyer may make a complaint within 24 months of taking over the goods. After this period has expired, a complaint cannot be made with the seller, unless the contracting parties agree otherwise or the seller or manufacturer provides a special quality guarantee beyond its statutory obligations.
2. The buyer is obliged to make a complaint without undue delay after discovering that the goods are defective. The seller is not liable for any increase in the extent of damage if the buyer uses the goods despite knowing about the defect. If the buyer rightfully claims a defect against the seller, the period for making a complaint does not run for the time during which the goods are being repaired and the buyer cannot use them.
3. The buyer acknowledges that if goods are exchanged as part of handling a complaint, a new period for making a complaint does not begin. The period ends 24 months after the takeover or purchase of the goods complained about.
4. The period for making a complaint cannot be regarded as determining the service life of the goods, which varies with regard to the properties of the goods, their maintenance and the correctness and intensity of use or an agreement between the buyer and the seller.
2. The buyer is obliged to collect the goods subject to the complaint within 30 days of the day by which the complaint was to be handled at the latest.
3. In the case of a complaint about goods purchased through the seller's online shop, the goods subject to the complaint will be sent to the buyer by post, unless the complaint was made by the buyer directly at the seller's store. In that case, the buyer is obliged to collect the goods subject to the complaint at the relevant store within 30 days of the day by which the complaint was to be handled at the latest, unless the seller and the buyer agree otherwise. This procedure does not apply to perishable goods or goods with a short shelf life.
Article 5
Quality on receipt
1. The seller declares that it hands over the goods to the buyer in accordance with Section 2161 of Act No. 89/2012 Coll., the Civil Code, i.e.:
2. If, upon takeover by the buyer, the goods do not meet the above requirements, the buyer has the right to the delivery of new goods without defects, unless this is unreasonable given the nature of the goods. If the defect concerns only a part of the goods, the buyer may only demand replacement of that part; if this is not possible, the buyer may withdraw from the contract and demand a refund of the purchase price in full. However, if this is disproportionate given the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to have the defect remedied free of charge.
3. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of a part or to repair, they may claim a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if the remedy would cause the consumer considerable difficulties.
2. A defect is considered a material breach of contract where the buyer would not have concluded the contract had they foreseen the defect when concluding it; in other cases it is a defect that does not constitute a material breach of contract.
3.
Globus ČR, v. o.s.
Kostelecká 822/75, 196 00 Praha 9 – Čakovice
Company ID: 63473291
in the Commercial Register maintained by the Municipal Court in Prague, Section A, File 79154
Article 1
Introductory provisions
1. Buyer’s rights arising from defective performance (hereinafter „complaint“) must always be made in accordance with these complaints rules. Matters not governed by these complaints rules are governed by the legal order Czech Republic. These complaint rules comply with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.Introductory provisions
2. The seller is not liable for defects in the following cases:
- if the goods are defective at the time of receipt and a discount on the purchase price has been agreed for such a defect,
- the defect arose on the goods through wear and tear caused by normal use, or if this follows
by the nature of the goods (e.g. expiry of their service life),
- is caused by the buyer and arose from improper use, storage, improper
maintenance, intervention by the buyer or mechanical damage,
- the defect arose as a result of an external event beyond the seller's control.
Article 2
Making a complaint
1. The buyer has the right to make a complaint to the seller at any of its premises where acceptance of the complaint is possible with regard to the range of goods sold, or at its registered office. The seller ensures that an employee authorised to accept complaints is present throughout opening hours. A complaint may also be made to the person designated for this purpose in the confirmation issued by the seller to the buyer, on the receipt or in the warranty certificate.Making a complaint
2. The buyer is obliged to prove that they are entitled to make a complaint, in particular to document the date of purchase, either by presenting the sales receipt, confirmation of the seller's obligations arising from defective performance, the warranty certificate, or in another credible way.
3. If making a complaint would cause the consumer considerable difficulty, in particular because the goods cannot be transported to the place of the complaint in the usual way or because the goods are installed or form part of real estate, the seller will assess the defect, by agreement with the buyer, either on site or in another way. In such a case, the buyer is obliged to provide the seller with the necessary cooperation.
4. In the case of a complaint about goods purchased through the seller's online shop, the buyer is also entitled to send the goods subject to the complaint by post to the address of the seller's logistics centre: Poděbradská 607, 250 90 Jirny. This right does not apply to perishable goods, goods with a short shelf life and other goods which, due to their nature, are not suitable for sending by post.
Article 3
Time limit for making a complaint
Time limit for making a complaint
1. The buyer may make a complaint within 24 months of taking over the goods. After this period has expired, a complaint cannot be made with the seller, unless the contracting parties agree otherwise or the seller or manufacturer provides a special quality guarantee beyond its statutory obligations.
2. The buyer is obliged to make a complaint without undue delay after discovering that the goods are defective. The seller is not liable for any increase in the extent of damage if the buyer uses the goods despite knowing about the defect. If the buyer rightfully claims a defect against the seller, the period for making a complaint does not run for the time during which the goods are being repaired and the buyer cannot use them.
3. The buyer acknowledges that if goods are exchanged as part of handling a complaint, a new period for making a complaint does not begin. The period ends 24 months after the takeover or purchase of the goods complained about.
4. The period for making a complaint cannot be regarded as determining the service life of the goods, which varies with regard to the properties of the goods, their maintenance and the correctness and intensity of use or an agreement between the buyer and the seller.
Article 4
Handling of complaints
1. The seller is obliged to decide on a complaint immediately, or within three working days in more complex cases. This period does not include the time needed for an expert assessment of the defect. The seller is obliged to issue the buyer with a written confirmation stating the date and place the complaint was made, a description of the claimed defect, the method of handling the complaint requested by the buyer and the way in which the buyer will be informed of its resolution. A complaint, including the removal of the defect, must be handled without undue delay and no later than 30 days from the day the complaint was made, unless the seller and the buyer agree on a longer period. Expiry of this period without the complaint being handled is considered a material breach of contract. The seller is obliged to confirm to the buyer in writing how the complaint was handled and how long it took. The buyer may not change the chosen method of handling the complaint without the seller's consent, except where the chosen solution cannot be carried out at all or in time.Handling of complaints
2. The buyer is obliged to collect the goods subject to the complaint within 30 days of the day by which the complaint was to be handled at the latest.
3. In the case of a complaint about goods purchased through the seller's online shop, the goods subject to the complaint will be sent to the buyer by post, unless the complaint was made by the buyer directly at the seller's store. In that case, the buyer is obliged to collect the goods subject to the complaint at the relevant store within 30 days of the day by which the complaint was to be handled at the latest, unless the seller and the buyer agree otherwise. This procedure does not apply to perishable goods or goods with a short shelf life.
Article 5
Quality on receipt
- the goods have the characteristics agreed between the buyer and the seller and, in the absence of such agreement, the goods have the characteristics described by the seller or the manufacturer, or which the buyer expected given the nature of the goods and on the basis of advertising carried out by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
- the goods are in the appropriate quantity, measure or weight,
- the goods meet the requirements of legal regulations.
2. If, upon takeover by the buyer, the goods do not meet the above requirements, the buyer has the right to the delivery of new goods without defects, unless this is unreasonable given the nature of the goods. If the defect concerns only a part of the goods, the buyer may only demand replacement of that part; if this is not possible, the buyer may withdraw from the contract and demand a refund of the purchase price in full. However, if this is disproportionate given the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to have the defect remedied free of charge.
3. If the buyer does not withdraw from the contract or does not exercise the right to delivery of new goods without defects, to replacement of a part or to repair, they may claim a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part or repair the goods, as well as if the seller fails to remedy the situation within a reasonable time or if the remedy would cause the consumer considerable difficulties.
Article 6
Seller’s liability for a defect constituting a material or non-material breach of contract
1. The seller's liability for defects that constitute a material or non-material breach of contract applies to defects in goods arising within 24 months of takeover, for defects to which liability for quality upon takeover under Article 5 of these complaints rules does not apply.Seller’s liability for a defect constituting a material or non-material breach of contract
2. A defect is considered a material breach of contract where the buyer would not have concluded the contract had they foreseen the defect when concluding it; in other cases it is a defect that does not constitute a material breach of contract.
3.
Article 7
Complaint costs
If the complaint is recognised as justified, the buyer is entitled to reimbursement of reasonably incurred costs associated with making the complaint.Complaint costs