These Complaint Rules set out the method and conditions for complaints about defects in goods purchased online from our company’s MimiConcept e-shop
MimiConcept®, s.r.o., registered office: Krakovská 583/9, Praha 1 - New town, 110 00
Registered number: 04740408,
VAT number: CZ04740408
entered in the Commercial Register maintained by the Municipal Court in Prague, section C, entry 252826
Address for delivery: Krakovska 9, 11000 Prague 1, Czech Republic
Contact e-mail: firstname.lastname@example.org
1) What defects in goods are we liable for?
As the seller we are responsible for goods not having defects on acceptance. This means that upon acceptance the goods, in particular:
• Have the properties that were agreed between us, that we describe or that you could expect with regard to the nature of the goods and based on advertising;
• Are delivered in the appropriate quantity, degree or weight;
• Comply with the requirements of legal regulations;
• Are suitable for the purpose we state or for which they are usually used;
• A defect in goods is also a situation where we deliver goods other than those that were agreed between us;
• Have the quality that was agreed between us, or a quality that is stipulated for the relevant type of goods by valid and effective legal regulations; and
• Do not have legal defects, i.e. a third party does not have an ownership right regarding the goods and the goods have documents and materials necessary for the full use of the goods.
We are also liable to consumers for such defects not occurring during the warrantee term. If you are not a consumer, the statutory warrantee term in accordance with Article 2 is not provided to you. Article 2 only applies to consumers.
We do not provide any warrantee for quality over the framework of the statutory warrantee term for consumers.
If you are an entrepreneur, rights under defective performance only result from a defect that the goods had upon the assignment of the risk of damage to the goods, even if it comes to light later. In the event a defect occurs in connection with a breach of one of our duties, you have rights under defective performance also in such case.
A difference in colour shades in reality and on electronic display devices cannot be regarded as a defect in the goods. If the goods do not correspond to what you imagined, in the event you are a consumer you are entitled to withdraw from the contract within 14 days of the acceptance of the goods in accordance with Article 5 of the General Terms and Conditions.
2) What is the warrantee term?
For unused consumer goods the warrantee term is twenty-four months after the acceptance of the goods, if a longer warrantee term is not specified at the web interface, in the documents attached to the goods or in an advertisement. For used goods the warrantee term is twelve months after the acceptance of the goods.
Please bear in mind that in the event the goods are exchanged for new goods or repaired, or parts are exchanged, the goods and spare parts are not covered by a new warrantee term. The warrantee term, however, is extended in such case by the period for which you could not use the goods because of the defect, i.e. in particular by the time the goods were being repaired.
3) What rights do you have subsequent to defective performance?
Your rights under defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and if you are a consumer also Sections 2165 to 2174.
A) If you are a consumer or entrepreneur:
In the event that a defect in the goods existed or is regarded as having existed upon the acceptance of the goods, you are entitled to the aforementioned rights under defective performance.
If a defect in the goods is a material breach of contract, you are entitled to the following rights under defective performance:
a) Correction of the defect through the delivery of a new item without a defect or the delivery of a missing item;
b) Correction of the defect through the repair of the item;
c) A reasonable discount on the purchase price; or
d) Withdrawal from the contract.
In the event of a material breach of the contract, inform us of what right resulting from defective performance you have chosen when notifying of a defect or without undue delay after notification of a defect. We draw your attention to the fact that if you do not do so, you will only have the rights that you would have had following a non-material breach of contract. The choice made can be changed only by agreement with us.
If, within a reasonable period, we do not correct the defect in the goods, you can request, instead of the correction of the defect, a reasonable discount on the purchase price, or you can withdraw from the contract.
If the defect in the goods is a non-material breach of contract, you can request:
a) Correction of the defect; or
b) A reasonable discount on the purchase price.
In the event that we do not correct the defect in the goods in time or we refuse to correct the defect, you can request a discount on the purchase price or you can withdraw from the contract. You can alter your choice by agreement with us.
Please take note that that until you exercise your right to a discount on the purchase price or you withdraw from the contact, we are obligated to deliver to you missing goods or correct a legal defect (in particular to deliver missing documents).
The exchange of the goods or withdrawal from the contract cannot be requested in the event you cannot return the item in the state in which you received it. This does not apply in the event that:
a) There was a change of status as a consequence of an examination for the purpose of ascertaining a defect in the item;
b) You used the item before discovering the defect;
c) You did not cause the impossibility of returning the item in an unchanged state due to action or inaction; or
d) You sold the item before discovering the defect, consumed it or altered the item during usual use; if this occurred only partially, you will return to us what you can return, and provide us with compensation up to the amount in which you obtained a benefit from the use.
B) Only if you are a consumer:
If a defect in consumer goods occurs during the warrantee term of twenty-four months after the acceptance of the goods, you have the below rights resulting from the defective performance:
a) The right to the exchange of the goods in the event that:
• During the warrantee term the goods lose one of the properties specified in Article 1 of the Complaint Rules and this is not unreasonable with regard to the nature of the defect;
• The defect cannot be corrected;
• You cannot use the goods fully due to the repeated occurrence of the defect after a repair; or
• The goods have a higher number of defects.
You cannot request the exchange of the goods in the event that the exchange of the goods would be unreasonable given the nature of the defect that occurs. In such case you are entitled to the free correction of the defect.
You do not have a right to the exchange of the goods even in cases where only part (a component) of the goods is defective.
It is not possible to request the exchange of the goods for goods used or sold for a lower price. Instead of this you can request a reasonable discount.
b) You have a right to the exchange of a defective component in the event that:
• Only a part (component) of the goods is defective;
• The defect cannot be corrected;
• You cannot fully use the goods due to the re-occurrence of the defect following a repair; or
• The goods exhibit a larger number of defects.
c) You have a right to a reasonable discount on the purchase price in the event that:
• You do not choose the right to withdraw from the contract, the exchange of defective goods or part of goods or the repair of goods;
• We are not able to exchange goods or part thereof or repair them (for example because the goods are no longer produced);
• We do not provide a remedy within a reasonable period, or in cases where the provision of a remedy would cause you marked problems; or
• The item has a defect based on which we are obligated and it is an item sold for a lower price or a used item.
d) You have a right to withdraw from the contract in the event that:
• The defect cannot be corrected;
• You cannot use the goods due to the re-occurrence of the defect after a repair;
• The goods are affected by a larger number of defects;
• We are not able to exchange or repair the goods (for example because the goods are no longer produced); or
• It is not possible to exchange defective goods or part of goods for non-defective ones.
4) When it is not possible to claim rights under defective performance?
You do not have rights under defective performance, if:
• You knew of the defect before acceptance;
• You caused the defect yourself; or
• The warrantee term has expired.
A warrantee or claims under liability for defects also do not apply to:
• Wear and tear on goods caused by their usual use;
• Defects in an item used corresponding to the degree of use or wear and tear that goods had at the moment you accepted them;
• Items sold for a lower price—only in relation to the defect due to which the lower price was agreed; or
• If this results from the nature of the matter.
5) How to proceed when making a complaint?
You make a complaint to our company without undue delay after ascertaining a defect. In accordance with the Act on Consumer Protection we accept complaints:
• At our company’s registered office.
Recommended procedure when making a complaint:
• For faster resolution, you can inform us of the complaint in advance by telephone, e-mail or in writing;
• In addition, it is a good idea to inform us of which right resulting from defective performance you have chosen, i.e. whether you are interested, in accordance with these Complaint Rules, in the exchange of the goods or part thereof, withdrawal from the contract, a discount on the purchase price or other rights in accordance with these Complaint Rules and the Civil Code;
• Deliver the goods complained about to us (other than cash on delivery, which we will not accept), and when sending we recommend the goods be packaged in suitable packaging in such a manner that they are not damaged or destroyed;
• In order to facilitate the procedure it is a good idea to attach to the goods a document on purchase of the goods or a tax document—invoice, if one were issued, or another document proving purchase of the goods together with a description of the defect and a proposal for the method of dealing with the complaint.
Non-performance of one of the aforementioned steps or the non-submission of any of the aforementioned documents does not prevent the positive handling of a complaint in accordance with the statutory conditions.
The moment a complaint is made is the moment we were notified of the occurrence of a defect and a right under liability for defects in an item sold.
We will deal with complaints delivered immediately, in complicated cases within three working days. This period does not include time reasonable in accordance with the type of product or service necessary for a specialist assessment of the defect. A complaint, including the correction of the defect, will be dealt with without undue delay no later than within 30 days of the day of a complaint, unless we agree on a longer period.
When dealing with a complaint, we will issue a written confirmation stating that you exercised your right that is the content of the complaint and the manner you want the complaint to be dealt with; in addition (after dealing with a complaint) we will issue a confirmation of the date and method of dealing with a complaint, including a confirmation of the performance of a repair and its duration, or written reasoning for the rejection of a complaint.
In accordance with the Civil Code you have the right to reimbursement of special purpose costs incurred when making a complaint about goods. Please bear in mind that you have to claim this right to reimbursement of such costs within one month of the expiry of the period in which the defect had to be reported.
These Complaint Rules are valid and effective from 24 March 2016.
A complaint record can be downloaded here.
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