Complaints procedure

INTRODUCTURY PROVISIONS
1. This complaint code is an integral part of the Business terms and conditions of the Seller, MyPouch s.r.o., with its registered office at Na stezce 1329/5, Vršovice 100 00 Prague 10, Czech Republic, ID number: 082 59 411, entered in the Commercial Register kept by the Municipal Court in Prague, file no. No. C 314565 ("Seller").
2. These Complaints Rules are governed by Act No. 89/2012 Coll., The Civil Code, and Act No. 634/1992 Coll., On Consumer Protection, as amended, and apply to goods for which the Buyer's rights from liability for defects ("claims") are applied during the warranty period.
3. The Seller acts within the scope of its business or other entrepreneurial activity when concluding and fulfilling the purchase agreement. The Buyer is either a consumer or an entrepreneur who enters into a purchase agreement in connection with his own business, production or similar activities.
4. The Buyer is obliged to get acquainted with the business conditions and the complaint procedure before ordering the goods. By concluding the purchase agreement and taking over the goods from the Seller, the Buyer agrees to these complaint rules.

DEFECTS OF GOODS AND RIGHTS FROM DEFECTIVE PERFORMANCE
1. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. The Seller is responsible to the Buyer that at the time when the Buyer took over the goods:
  1. The goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the Seller has described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising made by him,
  2. The goods are suitable for the purpose stated by the Seller for their use or for which a thing of this kind is usually used,
  3. The goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
  4. The goods are in the appropriate quantity, measure or weight, and
  5. The goods comply with the requirements of legal regulations.
2. If the goods do not have the properties listed above in Article 2.1 of the Complaints Procedure, the Buyer may request delivery of a new item without defects, unless it is disproportionate due to the nature of the defect, but if the defect concerns only part of the item, the Buyer may only request replacement if possible, if it is not possible he may withdraw from the agreement. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
3. The Buyer has the right to receive a new item even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In such case, the Buyer also has the right to withdraw from the agreement.
4. If the Buyer does not withdraw from the agreement or if he does not exercise the right to receive a new item without a defect, or repaired item, he may request a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the Buyer.
5. The Buyer has no right to receive a compensation for the defective item, if the Buyer was aware of the defect before receiving the item or if the Buyer himself caused the defect.
6. The Buyer is entitled to exercise the right from defective performance within 24 months of receipt of the goods. If the defect becomes apparent within 6 months of receipt of the goods, it is considered that the goods were defective at the time of receipt, unless it contradicts the nature of the thing or unless the contrary is proven. The warranty period for the Buyer, entrepreneur who concludes a purchase agreement in connection with its own business, production or similar activities is 12 months from the receipt of the goods. The warranty period is extended by the time for which the goods were under repair. In the event of an exchange of goods, a new warranty period begins.
7. The Buyer is advised to check the condition of the consignment (integrity of the tape, damage to the box) together with the carrier or the issuing person at the branch of the Zasilkovna branch when taking over the goods. The Buyer is entitled to refuse to accept the goods that are not in accordance with the purchase agreement, provided that the shipment is, for example, incomplete or damaged. If the Buyer accepts such a damaged consignment from the carrier or in person at Zasilkovna branch, it is necessary to describe the damage in the handover protocol of the carrier or leave it in the Zasilkovna branch with a description of the damage. Incomplete or damaged shipment must be reported immediately by e-mail to kontakt@mypouch.cz. An additional claim for incompleteness or external damage to the shipment does not deprive the Buyer of the right to raise a complaint, but gives the Seller an opportunity to prove that it is not a breach of the purchase agreeement.
8. The Seller's liability for defects does not apply to wear and tear caused by normal use, in the case of goods sold at a lower price for a defect for which a lower price was agreed, in the case of used goods for a defect corresponding to the degree of wear or if it correspondes to the nature of the matter.
9. The right to exercise the rights from defective performance expires in case of unprofessional handling of goods, ie especially when using the goods in conflict with the conditions specified in the documentation for the goods and Articles 6.6 and 6.7 of the Business Terms and Conditions.
10. At the Buyer’s request, the Seller is obliged to provide the Buyer with a written confirmation of the obligations arising from defective performance to the extent provided by law ("warranty certificate"). Instead of a warranty card, the Seller normally issues a proof of purchase of goods (invoice), which contains information such as a warranty card. If a longer than statutory warranty is provided, the Seller will specify the conditions and extent of the warranty extension in the warranty card.
COMPLAINTS SETTLEMENT
1. The Buyer can raise a complain about the goods by sending the goods to the Seller by post to the address of the registered office at Na stezce 1329/5, Vršovice, Prague 10 (for more see the Complaint Form).
2. In the event that the Buyer exercises his right to demand the repair of the goods, he will do so by sending them to Seller’s address at the registered office Na stezce 1329/5, Vršovice, Prague 10.
3. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. After this period the Buyer is granted the same rights as if it were a substantial breach of contract.
4. The period for settling a complaint according to Article 3.3 of the Complaints Procedure is suspended if the Seller has not received all the documents necessary for settling the complaint - the claimed goods, including complete accessories, a completed complaint form with a detailed description of the defect and contact details of the Buyer. The Seller is obliged to request additional documents from the Buyer in the shortest possible time. The deadline is suspended from this date until the Buyer delivers all the requested documents.
5. In case that the goods need to be sent back to the Seller, the Buyer takes care to pack the goods in suitable and sufficiently protective packaging material, so that the goods are not damaged during transport. The Buyer shall keep a confirmation of sending the goods to Seller, for future reference.
6. The Seller shall issue a written confirmation of when the complaint was lodged, what is its content, what method of handling the complaint is required to the Buyer, by e-mail immediately after receiving the complaint; further the Seller willl provide a confirmation of the date and method of handling the complaint, including confirmation of the repair and duration of the complaint, or justification for rejecting the complaint.
7. The Buyer has the right to reimbursement of the necessary costs (especially postage, which he paid when sending the claimed goods), which he incurred in connection with the exercise of his legitimate rights from liability for defects and were actually and efficiently incurred.
8. After proper settlement of the complaint, the Seller will notify the Buyer of the finishing of the complaint process either by telephone, text message or e-mail, and will automatically send the goods to the Buyer's address after the complaint has been solved.
9. In the event of a withdrawal from the purchase agreement or a discount given from the purchase price, the relevant payment is returned to the Buyer by transfer to his bank account.
FINAL PROVISIONS
1. This complaints procedure is available at the Seller’s office and on www.mypouch.cz.
2. This complaints procedure is valid from 23.6.2020