Terms of delivery:
Warranty conditions:Issued by - GAPA c.o.p., registered office at Svatovítská 217, 293 01 Mladá Boleslav, Czech Republic
Identification Number: 45 31 75 26
These Warranty conditions ensure correct procedure when lodging and dealing with complaints concerning faulty products. It has been created in accordance with Act No. 40/1964 COL, Civil Code as amended by further regulations, and Act No. 634/1922 COL, on customer protection in the wording of the Act.
Section 1 - CUSTOMER’S RIGHT TO LODGE A COMPLAINT FOR A DEFECTIVE PRODUCTIf the purchased goods are found defective, the customer has a right to lodge a complaint within the warranty period.
The following cases cannot be considered defects:
within warranty period, change in goods caused by wear or inappropriate use and/or incorrect handling. The warranty does not cover improper or incorrect use such as overloading (passing cars, pallet trucks, forklifts etc.), rough manipulation, damage caused by a third party or arising from the non-observance of instructions stated in the user’s manual for individual products. The warranty does not cover products damaged mechanically or by chemicals/substances (oils, salts, acids, bases etc.). The warranty does not cover products found damaged by an unauthorized body removing the faults, when the production number/tag/etc. has been removed or damaged. If the customer applies the right for responsibility for defective goods (hereinafter referred to as a complaint), the vendor’s representative is obliged to decide whether to accept the complaint immediately; if the complaint is complicated, in three business days. This period does not include the time necessary for expert examination of the defects. The employee authorized to deal with complaints must be present at the vendor’s site for the entire length of the operation hours. The complaint, including removal of the faults shall be handled:
1) immediately, within no more than 30 days from the day the complaint was lodged
2) in a longer time, if the vendor and customer agree
The agreement on a longer complaint period must be in written form in the complaint report. If the complaint time has passed without result, the customer has the same rights as if the defect were impossible to remove. Only clean goods are accepted for complaint where the expert opinion is not in conflict with hygienic practice.
The following causes of defects shall be considered for complaint: faulty material, faulty assembly, improper use, product placed in an incorrect or inappropriate environment.
Section 2 - WHERE TO LODGE A COMPLAINTThe customer may lodge a complaint only in the shop where the goods were purchased. If the goods were purchased directly from the vendor who owns a network of shops, the customer has the right to lodge a complaint in one of the following places:
1) in any vendor’s shop allowing acceptance of the complaint, taking into account the range of products on sale
2) at the vendor’s business site
The customer is obliged to prove its right to lodge a complaint, i.e. provide evidence of the purchase site and price of the goods together with a statement of the defects. The best evidence is given by a receipt (bill after the goods have been paid for or any other suitable means).
Section 3 - WARRANTY PERIODThe vendor is responsible for faults arising within the warranty period after the customer has accepted the goods.
A complaint may be lodged within 24 months from the day the goods have been taken over by the customer. If asked, the vendor is obliged to provide the customer with a warranty certificate stipulating the warranty period conditions and scope. The customer’s right to complain becomes void if not applied within the warranty period. The complaint must be reported immediately after the defects have been found. The warranty period does not mean the life of the goods, i.e. the time the goods can serve their purpose if correctly handled and maintained. If the complaint results in replacing the defective goods for new ones, the warranty period starts again from the day the new goods are taken over by the customer.
Section 4 - REMOVABLE DEFECTSRemovable defects are considered defects whose removal does not impair product appearance, function, and quality; the repair can be carried out within a specific time. The time for defect removal must not exceed 30 calendar days, which is also the time for closing the complaint; any longer period must be agreed between the vendor and the customer. If the defect can be removed, the customer has right for free-of-charge, timely removal. If the nature of the defects does not allow such action, the customer may require the replacement of the whole product or its part if the defect is only partial. In cases not allowing such action, the customer may require an appropriate discount from the product price or may terminate the purchase contract. The time between lodging the complaint and the goods being taken over by the customer after repairs does not count as the warranty period. The vendor is obliged to provide the customer with a report including the time the complaint was lodged, details of repairs and the length of repairs.
Section 5 - NON-REMOVABLE FAULTSNon-removable faults are considered faults not allowing full removal within the stipulated period and preventing the product from being used as faultless. In the case of non-removable faults, the customer may require:
1) replacement of the goods
2) termination of the purchase contract (the customer returns the defective goods and is refunded the purchase price)
The customer has the same rights if the goods show the same removable defect repeatedly after two previous repairs or if the product cannot be properly used due to multiple defects.
If the goods show other non-removable defects and the customer does not require the return of the goods, the customer then has the right to an appropriate discount of the price or may terminate the contract.
Section 6 - PRICE REDUCTIONS ON GOODSProducts showing defects (defective new or used products) not preventing the product from being used for its intended use must be sold only at a reduced price. The warranty period is 24 months. The customer and the vendor may agree on a shorter warranty period amounting to 12 months. The vendor shall record the agreement into the purchase protocol. The customer must be duly informed about the defect, including its nature, if this is not obvious during the sale. Such products must be sold separately from defect-free products. The vendor does not bear responsibility for defective new or used products where a price discount has been agreed. If the price has been reduced as in a sales or seasonal sell-out, it is considered as new, defect-free goods, thus the vendor is fully responsible for any defects of such goods.
Section 7 - GOVERNING RULESAny disagreements arising during the complaint process are governed by the court.
These Warranty conditions are effective as of 1 January, 2003
Mladá Boleslav, 31 December, 2002