COMPLAINTS PROCEDURE

I. General terms

The complaints procedure is an integral part of the general terms and conditions of provider of FanObchod.cz - Ing. Pavel Nadrchal, ID: 74018159, VAT: CZ8011203321, resident Lonkova 465, 530 09 Pardubice - Polabiny, registered in the trade register at the responsible office according to § 71 clause 2 of the Trades Licensing Act: Municipality of Pardubice and specifies the procedure how to proceed claiming acquisitions of goods from the above mentioned provider.

The buyer, who can be an entrepreneur or a consumer is required to familiarize himself with the complaints procedure and the general terms and conditions (further only "terms") before ordering goods.

By concluding the contract and acceptance of goods from the seller, the buyer agrees with the complaint procedure. The definitions of the terms contained in this complaint procedure shall have precedence over the definitions in the general Terms & Conditions. If this term is not defined within the complaints procedure, it is understood in the legal sense, in which it is defined in the Terms & Conditions. If not defined or included there, it is understood in the sense used in valid and effective legislation.

The receipt of goods for an entrepreneur is the moment goods are handed over from seller to the purchaser or the first carrier. In case the buyer is a consumer, the decisive moment of receipt of the goods is when the consumer takes over the goods from the seller, respectively from the carrier.

As proof of warranty (warranty card) the seller exposes for every item purchased a document (invoice - hereinafter warranty) containing all necessary data to submitt a warranty claim (especially product name, price, quantity).

At purchaser‘s request the seller will provide a guarantee in writing (warranty card). This warranty card contains the business name of the seller, its identification number and registered office. By default however, enabled by the nature of things the seller provides instead of the warranty card a proof of purchase containing the mentioned information.

If necessary, the seller explains warranty card in an understandable way the content of the warranty, indicating its scope, conditions, expiration date and the way in which it is possible to assert claims arising from it. In the warranty the seller also indicates that the provision of the warranty shall not prejudice the rights of the buyer , binding to the purchase.

II. Duration of warranty

The warranty period begins on the date of receipt of the goods or the date specified in the warranty card, if provided by the seller.

For consumer goods the statutory warranty period is 24 months *, unless special legislation does not determin a longer period. Further is the warranty period extended by the period during which the goods are being claimed. Rights of liability for defects covered by the warranty period shall expire unless enforced within the warranty period.

If the buyer is a consumer, claims are governed within the legal warranty by law no. 89/2012 Coll., The Civil Code and Act No. 634/1992 Coll., Consumer protection law, both amended and effective, taking into account the specification in this complaint procedure.

* Exceptions may consist of goods sold at a discount (goods damaged, used, incomplete, etc. - this characteristic is always listed for the goods - if not, it shall be deemed that the goods are new, undamaged and complete). If the buyer is a consumer and in case of used goods, the seller is not liable for defects caused by usage or wear in an appropriate level by the time taken over from the buyer and the right of liability for defects shall expire if not enforced within 12 months from the date of the acceptance of the buyer. This period the seller shall state in the proof of purchase as well as clearly even for offered goods and in the order confirmation. For items sold at a lower price because of defects or incompleteness the warranty does not apply to defects for which the lower price was agreed.

III. Warranty conditions

I. A buyer who is not a consumer is obliged and for a buyer who is a consumer, it is recommended to check immediately upon delivery along with the carrier the shipment status (number of parcels, packages, untouched packages, damaged boxes). A buyer is entitled to refuse to accept a shipment, that is not in conformity with the contract, providing that the consignment is incomplete or damaged. If a damaged shipment is taken over by the buyer, it is necessary to describe the damage in the transfer protocol of the carrier.

II. Incomplete or damaged shipment must be reported immediately via e-mail to: poskozene.zasilkyfanobchod.cz, a damage report written with the carrier and send this without undue delay via e-mail, or by mail to the seller. Retrospective complaints due to incompletenes or external damage of a shipment does still entitle the buyer for complaints, however, it gives the seller the opportunity to prove that there is no conflict with the contract.

III. The place to enforce a complaint is Ing. Pavel Nadrchal, Počaply 112, 533 04 Sezemice.

IV. The buyer can claim the defective goods sending them via shipping service to the address Ing. Pavel Nadrchal, Počaply 112, 533 04 Sezemice. Defective goods should be properly secured to avoid damage during transport and the package should contain: the claimed goods (including all accessories), we recommend to enclose a copy of your proof of purchase, a detailed description of the defect and sufficient buyer contact details (especially the return address and phone number). Without providing the above, it is impossible to identify the origin and defects of the goods. This procedure is also recommended for the buyer that is also consumer, in case he is not demonstrating and proving those facts in a different way. We also recommend to choose a required method of settling the claim (see below).

V. A buyer who is a consumer proves the warranty submitting a proof of purchase in case the goods were already part of a claim in the past, he also provides a proof of claim.

VI. The claim is void in the following cases:
a) violation of the protective seals and labels, if they were provided with the product,
b) improper or inappropriate handling or use,
c) use of goods under inappropriate conditions,
d) the goods were damaged by natural disasters or force majeure.

These restrictions do not apply if the goods have characteristics that are inconsistent with the above conditions, explicitly agreed with buyer and seller, defined or declared by the seller, or can be expected due to advertising carried out or usual manner of the usage of the goods.

VII. Claimed goods will be checked only at fault indicated by the buyer (in an email, attached sheet with a description of the problem). We recommend fault indication in writing.

VIII. The Seller has the right to refuse acceptance of goods for complaint in cases where the claimed goods and/or its parts are dirty or do not meet the basic requirements for hygienically safe delivery of goods to the complaint procedure, unless it is a usual pollution.

IV. Methods of handling complaints

If the buyer is a consumer

Conformity with the contract

In case the buyer is a consumer and if goods on receipt are not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer has the right to have the goods put into a state of the corresponding purchase contract by the seller free of charge and without undue delay and according to the buyer either exchange the item or repair. If such a procedure is not possible, the buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the buyer knew about the conflict with the contract or has caused a conflict with the contract. A conflict with the contract, which will take effect within six months from the date of receipt of the goods shall be deemed to have already existed in its takeover if not in the nature of things or if it is proven otherwise .

Conformity with the contract in particular, means that the sold product has the quality and properties required by the contract, the seller, the producer or his representative, or based on expectations from their advertisment, or the quality and features for the cause of this kind, meeting the requirements of legal regulations, in the appropriate quantity, measure or weight and corresponds to the purpose the seller specifies or for the matter it is normally used.

In case the buyer is a consumer and depending on the nature of the defect he has the following rights when enforcing the statutory warranty:
- If the defect is removable, the right for free, proper and timely removal of defects, replacement of defective goods or defective parts, if not disproportionate because of the nature of the defect . If such a procedure is not possible, the right for a reasonable discount on the purchase price or withdrawal from the contract,
- In case of irreparable defect preventing a proper usage of goods, the replacement of defective goods or withdrawal from the contract, the consumer has the same rights in case the defects can be removed but the buyer can not use the goods properly due to re- occurrence of the defect or more than one defect. As re- occurrence of the defect is considered if the same defect preventing a proper usage, which was under warranty at least twice removed, occurs again. A higher number of defects means, if a product has at the same time at least three defects defending its proper usage,
- In the case of other irremovable defects and if the consumer does not require exchange of goods, he is entitled to a reasonable discount on the purchase price or withdraw from the contract.

The buyer is choosing a method of handling complaints. The seller may point to the unsuitability of the buyer's proposal and propose or decide on a more appropriate way of handling (especially if the buyer requires to remove a defect, but the seller finds that it is irremovable). If the consumer does not choose the way of settling the claim in a reasonable period of time provided by the seller, the seller chooses it.

In the case of a discount it is not possible to later claim the goods for a defect for which the discount was offered.

In case the buyer is a consumer, the seller decides on the complaint within three working days. This period does not include the time reasonable for the type of product or service required for expert assessment of the defect. Claims, including the removal of defects the seller handles without undue delay, within 30 days from the date of the claim. The time of 30 days after filing a complaint can be extended by agreement with the consumer - such extension shall not be for an indefinite or excessively long period. After this period, it is considered that the defect of the goods really exist and the consumer has the same rights as if it was a defect that can not be removed.

The seller will issue to the purchaser who is a consumer a written confirmation of when the claim is enforced, what is the content and what method of claim handling is required and send it immediately by e-mail after receipt of the complaint; further confirmation of the date and method of handling the complaint, including confirmation of repair and duration of the complaint, possibly a justification for rejecting the claim.

The buyer is entitled to reimbursement of necessary expenses (especially postage paid when sending the claimed goods) incurred in connection with the application of the legitimate rights of a complaint (we suggest within 30 days after the settlement of the claim - the statutory period is not thereby affected) and have been spent effectively and efficiently.

If the buyer is an entrepreneur

In case the defect can be removed, the goods can be repaired. If a repair is not possible and the nature of the defect inhibits normal use, seller and buyer can agree on a reasonable discount on the price of goods. In case of discount it is not possible to later claim this defect.

If it is a defect that can not be removed and which prevents goods from being properly used as one without defect, the seller is entitled to replace faulty goods for goods with the same or similar functional characteristics or issue a credit note.

I. After the execution of a justified claim the warranty period shall be extended by the duration of the claim. In the case of an unjustified claim the warranty period shall not be extended. If the a complaint has been settled within the statutory warranty period in exchange for new goods, the warranty period starts again from the date of settlement of the claim. The duration of complaints is counted from the day after filing a complaint to the date of settlement of the claim, ie the time when the buyer was obliged to take over the goods. The customer is notified of the settlement by email that was stated at purchase.

II. After settling the claim the seller notifies the buyer about this fact either by phone, SMS or e-mail. If the goods were sent from buyer to the seller via shipping service, after the settlement of the claim they will be automatically sent back to the buyer's address.

III. In case of failure to collect the claimed goods within one month since notification of the claim settlement (normally within 60 days from the date of the claim), the seller is entitled to charge an amount claimed for storage when supplying goods to the buyer.

IV. Upon release of goods after processing the claim, the buyer must submit proof, based on which the case was taken to the complaint and must prove his identity with an identity card or a valid passport.

V. Consumable supplies

If the content of the package or article purchased are consumable supplies (eg batteries), its usual endurance is six months, unless explicitly stated otherwise. In case of headphones the endurance is always 6 months. The exception are headphones which were purchased as a standalone product.

The right of the buyer to claim the goods within the statutory warranty period is not affected. However, the buyer must take into account the above considerations, as the warranty does not cover normal wear and tear caused by abrasion and can therefore not be confused with the endurance of the product. The endurance of goods is susceptible to wear and tear caused by normal use. If the goods are in use (not owned) longer than the typical endurance, it is likely that the defect is a result of normal wear and tear, but it is not impossible that this is indeed a warranty defect. The seller shall always state the possible justification for rejecting the claim, whether the defect caused by normal wear and tear .

VI. Final clause

These regulations are valid from 1st February 2014 repeals previous complaints procedures. This Complaints Procedure is available as a document on www.FanObchod.cz.