Complaints Procedure
This Complaint Procedure regulates the complaint of goods purchased by consumers in the online store www.mopedix.cz, is part of the Terms and Conditions of this store and has been drawn up in accordance with Act No. 89/2012 Coll., the Civil Code as amended, and Act No. 634/1992 Coll., on Consumer Protection as amended.
Buyer’s right to claim defective goods
If there is a defect in the purchased goods according to point 7.2 of the Terms and Conditions, the buyer has the right to claim this defect from the seller, which is GOODPED, s.r.o., ID: 09607731, Pod Hřištěm 93, Zaječice, 251 67 Pyšely.
The Buyer must make a complaint without undue delay after he/she has been able to detect the defect(s) of the goods by sending the goods to the Seller’s address: GOODPED, s.r.o., Pod Hřištěm 93, Zaječice, 251 67 Pyšely.
The goods to be claimed must be sent clean and accompanied by a properly completed claim form. It is advisable to send the goods in suitable shipping packaging as the seller is not liable for any mechanical damage prior to receipt of the goods.
In particular, goods sold at a lower price cannot be claimed for the defect for which the lower price was agreed and for wear and tear caused by normal use of the goods.
The Seller shall ensure proper handling of complaints. Complaints, including the removal of defect(s), must be dealt with:
- without undue delay, no later than 30 days from the date of the claim, provided that the date of the claim is the date on which the Seller accepts the claimed goods and the duly completed claim form from the Buyer;
- or within a longer period agreed in writing between the seller and the buyer.
Product defect
A defect in the goods cannot be considered a change in the goods that occurred during the warranty period as a result of improper use, improper intervention, if the buyer caused the defect himself, or if the defect is caused by an external event not caused by the seller, especially if it is the cause of the defect:
- inappropriate combination of worn materials that damage the goods (e.g. discolouration);
- mechanical damage to the goods (cutting, tearing, improper brushing);
- any interference with the goods;
- chemical damage to goods;
- failure to observe the treatment symbols.
Time limit for filing a claim
The buyer is entitled to claim the right from a defect that occurs in the goods within 24 months of its receipt from the seller, unless the nature of the goods indicates otherwise on its packaging. The Buyer shall prove the purchase of the goods by a document of purchase from the Seller, which shall also serve as a warranty certificate.
The warranty period cannot be confused with the service life of the goods, i.e. the period of time for which the goods, given their characteristics, their purpose and the variation in the intensity of their use, can last with proper use and care.
If the defective goods are replaced with new ones, the period for filing a claim shall continue to run for a total period of 2 years from the conclusion of the purchase contract.
Complaint protocol
The Seller will accept the goods for complaint only together with a duly completed complaint form:
Claim assessment
The decision as to whether a defect is removable or irremovable rests solely with the seller. The Seller shall assess the complaint without undue delay, but at the latest within three working days, excluding any time necessary for a professional assessment of the defect.
- A remediable defect is one whose removal does not affect the appearance, function or quality of the goods and whose repair can be carried out within the time limit set for the settlement of the claim (see 1.).
- An irremovable defect is a defect that prevents the proper use of the goods or that cannot be removed without damage.
After the decision on the claim, the Seller shall issue the Buyer by e-mail a confirmation (claim ticket) of when the claim was filed, what is the content of the claim, what method of handling the claim the Buyer requires, as well as a confirmation of the date and method of handling the claim, including confirmation of any repairs and the duration of the repair, or the reasons for rejecting the claim.
After the complaint is settled, depending on the nature of the claimed defect, either the repaired goods are returned, or new goods are sent, or a part thereof if the defect concerns only a part of the goods, or a reasonable discount from the purchase price is provided, or the purchase price for the claimed goods is refunded upon withdrawal from the purchase contract.
In the event of a legitimate claim, the buyer is entitled to reimbursement of the postage costs in the amount of the necessary costs for safe delivery (proof of such delivery must be provided). In the case of an unjustified claim, the buyer is not entitled to reimbursement of his costs associated with the handling of the claim.
Complaint handling
6.1 Remediable defects (5a):
- are usually removed free of charge by repair;
- if this can be considered reasonable due to the nature of the defect and if the goods have not yet been used, the buyer may demand delivery of new goods without defects; if it is not possible to deliver new goods without defects, the buyer has the right to withdraw from the purchase contract;
- if the buyer does not demand repair of the goods, delivery of new goods without defects, or withdraw from the purchase contract, the buyer may demand a reasonable discount.
6.2 Irremediable defects (5b):
- delivery of new goods without defects can be requested
- it is possible to withdraw from the purchase contract
- if the buyer does not request the delivery of new goods without defects or withdraws from the purchase contract, the buyer may request a reasonable discount.
6.3 A repairable defect (5a) recurring on the goods after two previous repairs or at least three simultaneous repairable defects (5a):
- delivery of new goods without defects can be requested
- it is possible to withdraw from the purchase contract
- if the buyer does not request the delivery of new goods without defects, nor withdraws from the purchase contract, he can demand a reasonable discount
6.4 Return of the claimed goods to the buyer in case of rejection of the claim.
6.5 In the event of disagreement with the statement of the claim, you can contact a court expert (www.justice.cz) or ADR – out-of-court resolution of consumer disputes (www.adr.coi.cz).
If any defects in the goods relate only to a part of the goods, the buyer may request replacement of that part only.
In the event of withdrawal from the purchase contract, the seller returns to the buyer all funds including the costs incurred by the buyer for the delivery of the goods, but only in the amount corresponding to the cheapest method of delivery offered by the seller.
Other
Gifts that are provided completely free of charge cannot be subject to any rights of defective performance.
A shipment for which the reason for sending it to the Seller is not clear will be returned to the sender if the necessary information for its return is provided on the shipment.
This Complaints Procedure applies only to consumer contracts and obligations arising from them within the meaning of Section 1810 of the Civil Code. For non-consumer contracts, the general statutory provisions apply to the exercise of rights arising from defective performance.
The Complaints Procedure is available to the buyer before the purchase of the goods. Other rights of the Buyer relating to the purchase of the item are not affected.
In case of any discrepancies or contradictions in the English version of this document, the Czech version shall prevail.
