These Complaint Rules (hereinafter the "complaint rules”) govern the manner and terms of complaints regarding defects in goods and services purchased through the www.ebonza.eu internet platform.
1. Who is liable for defective performance?
In each case, you enter into an agreement with the person that is specified in the order form as the seller. The identification data of such a person are always stated on the web interface. In case you have any doubts regarding the person of the seller, contact the operator (as defined below).
An agreement is not entered into with the operator of the web interface, the company eBonza s.r.o., with registered office at Křižovnická 86/6, Staré Město, 110 00 Praha 1, identification number (IČ): 06570798, tax identification number (DIČ): CZ06570798, registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file 284550 (hereinafter the "operator”).
The relevant seller is always liable for defective performance under the agreement, and not the operator. In case of grievances in regard to the seller’s procedure in dealing with a complaint, you can contact the operator at the email address firstname.lastname@example.org.
The seller is entitled to set different rules pertaining to complaints on goods or services (for example, shorter deadlines for dealing with a complaint, a longer warranty period, a quality warranty, etc.), but it is always obligated to comply with the minimum level of consumer protection according to these complaint rules and the minimum protection provided by the law of the state in which you reside (if you are a consumer).
2. What defects of the goods is the seller liable for?
2.1. The seller is liable to ensure that you have been delivered with the goods that you have ordered and that the goods are free of defects at the receipt. That means that at the receipt, the goods primarily:
- have the properties that were agreed upon, those that the seller has described, or those that you could have expected in view of the nature of the goods and on the basis of the advertising;
- are in a corresponding quantity, size or weight;
- satisfy the requirements of legal regulations;
- are suitable for the purpose that the seller has stated, or for which the purchased goods are ordinarily used;
- correspond to the quality that has been agreed upon or the quality that the valid and effective legal regulations specify for the given type of goods; and
- do not have legal defects, i.e. no third party has any property rights in regard to the goods and the goods are provided with documents and papers necessary for the proper use of the goods.
Further, the seller is also liable to ensure that such defects do not occur within the warranty period.
Beyond the scope of the statutory warranty period for consumers, the seller does not provide any quality warranty. The warranty period is not provided to business operators.
2.2. A difference in colour shades in reality and on electronic display devices is not considered to be a defect of the goods. If the goods do not correspond to your notion, you have the right to withdraw from the agreement within 14 days of taking receipt of the goods in accordance with Article 6 of the General Terms and Conditions.
2.3. If a defect of the goods manifests in the course of six months from receipt, it is assumed that the goods were already defective at the receipt.
3. How long is the warranty period?
3.1. For unused consumer goods, the warranty period is twenty-four months from the receipt of the goods, unless the web interface, the documents enclosed with the goods or advertising states a longer warranty period.
For used goods, the warranty period is twelve months from the receipt of the goods.
3.2. If there is a date of minimum durability stated on the goods, or, in the case of perishable items, there is time period stated for which the item may be used, the warranty period lasts until such date
3.3. If the goods are exchanged or repaired for you, there is no new warranty period on the new goods or on exchanged components and spare parts. However, in such a case, the warranty period is extended by the time for which you could not use the goods due to the defect, i.e. primarily by the time for which the goods are away for repairs.
4. What rights do you have under defective performance?
4.1. Your rights under defective performance shall be governed by the Civil Code, primarily Art.2099 to 2117, as well as Art.2165 to 2174.
4.2. In accordance with the above provisions, you have primarily the following rights:
a) Supplementation of that which is missing
If the seller supplies you with goods in a lesser quantity than had been agreed, or the seller supplies you with incomplete goods, you are entitled to the supplementation of that which is missing.
b) Discount on the purchase price
If there was a defect on the goods at the time of its receipt or a defect emerged within the warranty period, you can always require an appropriate discount on the purchase price.
c) Exchange of the goods or of a defective component of the goods
You can always demand the exchange of the goods or of a defective component of the goods if it is not disproportionate to the nature of the defect (i.e. primarily if the immediate repair of the item is not possible) and if it is not merely a non-significant breach of the agreement.
You are not entitled to the exchange of the goods if only a part (component) of the goods is defective. If in the course of the complaint procedure the seller reaches the conclusion that only a component of the goods is defective, the seller will exchange such component for you.
You cannot demand the exchange of goods in the case of used goods or goods sold for a lower price. Instead, you can demand a discount on the purchase price.
d) Repair of an item
If the goods can be repaired, you are entitled to the elimination of the defect free of charge. If it comes to light in the course of the complaint procedure that the seller is not able to repair the goods, the seller will inform you of such without delay and you can choose a different method as set out herein for the handling of the complaint.
e) Refund (withdrawal from the agreement)
You can only demand a refund provided that:
- the delivery of a defective or incomplete item by the seller constitutes a significant breach of the agreement; or
- the seller is not able to eliminate a defect due to which you cannot properly use the goods, or is not able to exchange goods with such a defect (for example, the goods is not produced anymore); or
- you cannot properly use the goods due to the repeated occurrence of the defect after repairs (the occurrence of the same defect after at least two previous repairs thereof); or
- a greater number of defects are found on the goods (the simultaneous occurrence of at least three remediable defects, of which each prevents the proper use of the goods); or
- the seller fails to comply with the deadline for the settlement of the complaint / fails to remedy the situation within 30 days of the submission of the complaint.
4.3. A precondition for the exchange of the goods or a refund (withdrawal from the agreement) is that you return the item in the state in which you received it. The exception is a case in which:
a)a change in state occurred as a result of inspection for the purpose of ascertaining a defect of the item;
b)you used the item prior to discovering the defect;
c)you did not cause the impossibility of the item to be returned in an unchanged state through your action or omission; or
d)you sold the item prior to discovering the defect, used it up, or changed the item in the course of ordinary use; if such only occurred in part, you will return to the seller that which you still can return, and you will provide the seller with compensation in the amount in which you had benefited from the use of the item.
5. When is it not possible to assert rights under defective performance?
5.1. You are not entitled to rights under defective performance if:
- you knew of the defect prior to taking receipt of the item;
- you caused the defect yourself; or
- the warranty period has elapsed.
5.2. Further, the warranty and claims under liability for defects do not apply to:
- wear and tear of the goods caused by its normal use (wear and tear caused by use is also considered to include a decrease in the capacity of batteries and accumulators);
- defects of a used item corresponding to the extent of use or wear and tear that the goods had at the time when you took receipt of it;
- items sold for a lower price – only in regard to the defect due to which the lower price was agreed; or
- items whose nature requires it (primarily goods that, by definition, cannot last for the entire duration of the warranty period).
6. In what manner can a complaint be asserted in regard to provided services?
A complaint can be submitted in regard to provided services in the course of their provision. You should submit a complaint on hidden defects without undue delay after you have learned of them. A complaint can only be submitted on the defect of service no later than within six months from the date of the provision of the service.
If you have been provided with a defective service, you primarily have the right to:
a) rectification free of charge (primarily additional provision of service or for the provision of an alternative service);
b) a reasonable discount on the purchase price;
c) withdrawal from the agreement (only if defective performance is a significant breach of the agreement).
Any other rights arising under the valid legal regulations are not affected by this provision.
You are not entitled to rights under defective performance if:
- you knew of the defect prior to the provision of the service;
- you caused the defect yourself; primarily by providing incorrect or incomplete information.
7. How should one proceed in raising a complaint?
7.1. Assert the complaint with the seller without undue delay upon ascertaining the defect. Up to 14 days after the date of receipt of the goods, the complaint can be posted via the web interface. After this period, you must inform the seller directly apart from the web interface.
7.2. The seller takes receipt of complaints at any of its establishments where the receipt of the complaint is possible in view of the assortment of goods being sold, or services being provided, and at the seller’s registered office. For the fastest possible settlement of the complaint, it is best to submit the complaint on the goods or services at the seller’s establishment.
If you wish for an item to be repaired, and the confirmation on the duration of rights under defective performance (warranty certificate) contains the name of a person designated for repairs, you are obligated to assert the complaint with such a person. You only have such obligation if such a person is at the same location as the seller or at a location that is closer to you.
Do not send the complaint and the goods to which it pertains to the operator’s address. If a complaint or the goods to which a complaint pertains are sent to the operator’s address, the seller is entitled to charge the effectively expended costs of forwarding the complaint or the goods to which a complaint pertains from the operator to the seller.
7.3. The recommended procedure when raising a complaint:
- for quicker settlement, you can inform the seller of the complaint in advance by way of your user account on the web interface;
- at the same time, it is appropriate to inform the seller of what right under defective performance you have selected, i.e. whether you wish, in accordance with these complaint rules, supplementation of that which is missing, a discount on the purchase price, exchange of the goods or a defective component thereof, the repair of the item, a refund, free of charge rectification in the case of services, or other rights in accordance with these complaint rules and the Civil Code;
- deliver the goods to which the complaint pertains to the seller along with the complaint statement or subsequently (not as "collect on delivery”, which we do not take receipt of), to the address of the registered office or establishment (or to the address of the person designated for repairs), whereby when sending we recommend wrapping the goods in appropriate packaging in such a way so that it does not get damaged or destroyed;
- in order to facilitate the process, it is appropriate to enclose with the goods a document on the purchase of the goods or a tax document – invoice, if issued, or another document evidencing the purchase of the goods, along with a description of the defect and a proposal regarding the manner in which to settle the complaint.
Failure to fulfill any of the above steps or failure to submit any of the above documents does not prevent the favorable settlement of the complaint according to the statutory conditions.
7.4. The moment of the assertion of the complaint is the moment when the seller has been notified of the occurrence of the defect and the right under liability for defects of the sold item has been asserted.
7.5. The seller makes decisions on delivered complaints immediately, and within three business days in complicated cases. Such a deadline does not include a reasonable time period according to the type of product or service that is necessary for the expert assessment of the defect. A complaint including any elimination of the defect shall be settled without undue delay, no later than within 30 days of the date of the assertion of the complaint; unless you and the seller agree upon a longer deadline (such deadline shall not apply if you have entered into the agreement with the seller as a business operator).
7.6. If you select a right that you cannot be granted to you for objective reasons (primarily in the case of defects that cannot be eliminated or in the case of an exchange of goods not being possible), the seller will contact you without delay. In such a case, you can select a different right in accordance with these complaint rules.
7.7. In processing the complaint, the seller will issue you with a written confirmation of when you asserted the right, what the content of the complaint is, and what manner of settlement of the complaint you are requesting. Further (after the settlement of the complaint), the seller will issue you with a confirmation of the date and manner of settlement of the complaint, including a confirmation of the repair having been performed and the duration thereof, and, if applicable, a written justification of the rejection of the complaint.
7.8. In accordance with the Civil Code, you have the right to the compensation of effectively expended costs in the assertion of a complaint on goods. Please note that you must assert the right to the compensation of such costs within one month of the elapse of the deadline in which a defect must be claimed.
These Complaint Rules are valid and effective from 09.02.2019.