Complaints
Complaints procedure for the GreenGuru.cz store
of the trading company GP novum sro, ID: 28155483, VAT number: CZ28155483, with its registered office at Riegrova 1756/51, České Budějovice 370 01, registered with the Regional Court in České Budějovice
1. INTRODUCTORY PROVISIONS
1.1. These Complaints Procedures, hereinafter referred to as the Complaints Procedures, of the trading company GP novum sro, ID: 28155483, VAT No.: CZ28155483, with its registered office at Riegrova 1756/51, České Budějovice 370 01, registered with the Regional Court in České Budějovice (hereinafter referred to as the "Seller"), govern the procedure for complaints about goods purchased from the Seller.
1.2. The Buyer is obliged to familiarize himself with the General Terms and Conditions and General Business Terms (hereinafter referred to as “GTC”) before purchasing the goods and undertakes to comply with them. At the same time, the Buyer acknowledges that he is obliged to provide the Seller with the necessary cooperation necessary for the settlement of the complaint, otherwise the deadlines are extended accordingly by the time during which the Buyer did not provide the required cooperation. The General Terms and Conditions and General Business Terms are published on the Seller’s website at www.stillchill.cz.
1.3. The definitions of terms contained in these GTC take precedence over the definitions in the GTC. If these GTC do not define a term, it shall be understood in the meaning in which it is defined in the GTC. If it is not defined there either, it shall be understood in the meaning in which it is used in legal regulations.
2. DURATION OF WARRANTY
2.1. The warranty period begins on the day the buyer takes over the goods.
2.2. When selling non-food goods, the statutory warranty period is 24 months, unless a special legal regulation stipulates a longer period. This regulation does not apply to goods sold at a reduced price (damaged, used, incomplete goods, etc.). The buyer is always informed of the fact that the sale involves goods sold without a statutory warranty within the meaning of the previous sentence before concluding the purchase contract. When selling used goods, the seller is liable for defects beyond the extent of their use or wear and tear that the goods showed at the time of their acceptance by the buyer, with the proviso that the buyer's rights from defects in the goods expire in this case after 12 months from the acceptance of the goods. The buyer is always informed of the fact that defects in the goods can only be claimed within a 12-month period before concluding the purchase contract. For goods sold at a lower price due to incompleteness or due to a defect, the warranty does not apply to defects for which a lower price was agreed. In the case of food, until the expiry date or minimum durability date, or until the time by which the goods are to be consumed, if the Buyer has complied with the conditions for their storage and if the food has not been opened, except in cases where this is necessary to detect a defect. The exceptions are those foods for which the indication of the minimum durability is not required by law (fresh fruit and vegetables, bakery products intended for consumption within 24 hours after production, chewing gum, lemonade, fruit juices, spirits and other alcoholic beverages with an alcohol content of 10% or more by volume, etc.) and those foods that, if other legal conditions are met, are offered after the expiry of the minimum durability date and marked as expired - for these products, the Buyer is entitled to exercise his rights from defects no later than the day after purchase, unless the Seller expressly states otherwise. This provision shall apply analogously to consumer goods on which the shortest shelf life is indicated, or to perishable goods on which the period for which the item can be used is indicated.
2.3. The warranty period is extended by the period during which the complaint procedure is ongoing. The Buyer acknowledges that in the event of exchange of goods due to settlement of a complaint, a new period for exercising rights from defective performance does not run. In this case, the period ends 24 months from the date of receipt of the original (complained) goods.
2.4. The period for exercising rights due to defects in goods cannot be considered as determining the service life of the goods, which varies with regard to the characteristics of the product, its maintenance, intensity of use, compliance with instructions
2.5.In the event of a complaint being settled by exchanging goods, a new deadline does not apply; the deadline starting on the day the buyer takes over the goods is decisive.
3. QUALITY UPON RECEIPT
The seller is responsible to the buyer that the item is free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the item:
3.1. the item has the properties that the parties agreed upon, and if there is no agreement on such properties, the seller or manufacturer described them or the buyer expected them with regard to the nature of the goods and on the basis of their advertising,
3.2. the item is suitable for the purpose stated by the seller for its use or for which an item of this type is usually used,
3.3. the thing is in the appropriate quantity, measure or weight,
3.4. the matter complies with the requirements of legal regulations,
3.5. If a defect becomes apparent within six months of receipt, it is assumed that the item was defective upon receipt by the buyer, unless the seller proves otherwise.
4. WARRANTY CONDITIONS
4.1. CHECKING THE GOODS UPON ACCEPTANCE
4.1.1 The Buyer undertakes to check the condition of the goods, their completeness and the undamaged packaging immediately upon receipt.
4.1.2. On the day of receipt, the Buyer shall further check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain.
4.1.3. Any discrepancies must be reported immediately on the day of acceptance by e-mail to the following address: info@greenguru.cz
4.1.4. An additional objection of incompleteness or external damage to the shipment does not deprive the buyer of the right to complain about the item, however, the burden of proof of proving a breach of the purchase contract will be borne by the buyer.
4.1.5. The place for filing a complaint is the registered office of the seller at the address: GP novum sro, Riegrova 1756/51, České Budějovice 370 01
4.1.6. The buyer may also send the claimed goods by shipping service to the address of the seller's registered office.
4.1.7. The claimed goods should be carefully secured to prevent damage during transport, the package must be visibly marked with the word "COMPLAINT" and contain: the claimed goods including complete accessories, a copy of the purchase receipt or warranty certificate, or the buyer shall record the exact date and time and value of the purchase, or a bank statement, where the purchase will be clearly visible, a detailed description of the defect and sufficient contact details of the buyer including his address and telephone number. If the specified claim procedure is not followed, the claim procedure cannot be properly handled.
4.1.8. We also recommend that you choose the desired method of handling the complaint (repair, replacement, credit note).
4.1.9. The buyer shall prove the validity of the warranty by submitting (or providing) a purchase receipt or bank statement; if the goods have already been claimed in the past, he shall also attach (or provide) a document confirming the settlement of the previous claim. If the claimed product has a serial number, it must correspond to the number stated on the attached documents.
4.1.10. The Buyer is aware that if the claimed goods, including all received accessories, are not delivered, then in the event of the Buyer's withdrawal from the contract, the Buyer will be refunded the purchase price, reduced by the price of the undelivered accessories.
4.2. COMPATIBILITY
4.2.1. The Buyer acknowledges that the Seller does not guarantee full compatibility of the goods sold with other goods, unless their functionality has been expressly requested by the Buyer and confirmed by the Seller. In the event that the Seller expressly provides a list of compatible or incompatible accessories for a particular good, it is assumed that the Buyer has become familiar with it before concluding the purchase contract.
4.3. EXCLUSIONS
4.3.1.The warranty provided by the seller does not apply to defects resulting from the use of incorrect or defective software, incorrect consumables, or to any damage resulting from such use, even if such use has not been excluded in the enclosed instructions for use and operation. Furthermore, the warranty does not apply to defects resulting from poor operation, unprofessional or inappropriate handling, use and installation that are contrary to the user manual, or damage caused by the effects of overvoltage in the distribution network.
4.3.2. By breaking the protective seal, information sticker or serial number, the buyer runs the risk of having the claim rejected, unless the damage occurs during normal use of the goods. Seals and serial numbers are an integral part of the product and do not in any way limit the customer's right to use and handle the goods to their full extent.
4.3.3. Furthermore, the warranty does not apply to damage caused by (unless such activity is not usual for the goods and is not prohibited in the enclosed instructions for use):
• mechanical damage to the goods,
• electrical overvoltage (visibly burnt components or printed circuits) with the exception of normal deviations,
• using the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly determined by the seller or manufacturer,
• improper installation, handling, operation or neglect of care for the goods,
• damage by a computer virus,
• if the defect only occurs with software for which the buyer is unable to prove its legal origin or with the use of unauthorized software and consumables,
• the goods were damaged by excessive loading or use contrary to the conditions specified in the documentation or general principles,
• by performing unqualified intervention in the goods or changing their parameters,
• for goods that have been modified by the customer, if the defect arose as a result of this modification,
• in case of an incorrectly performed BIOS or firmware upgrade,
• the goods were damaged by natural elements or force majeure,
• using incorrect or defective software,
• the use of incorrect or non-original consumables, nor for any damage resulting therefrom, unless such use is usual and has not been excluded in the enclosed instructions for use.
4.3.4. The above restrictions do not apply if the properties of the goods that are in conflict with the above conditions have been expressly agreed upon by the buyer and the seller, excluded or declared by the seller, or if they can be reasonably expected given the advertising or the usual way of using the goods.
4.4. FAULT TESTING
4.4.1. Goods submitted for complaint are tested by the seller only for the defect stated in the complaint form or complaint sheet. The nature of the defect must always be stated in writing.
4.4.2. If the technician finds that the cause of the problems is not the declared product, but incorrect handling, if the data was damaged by incorrect behavior of an application not supplied by the seller, or if the data was damaged by the buyer or a third party, the complaint will be rejected.
4.4.3. If the complaint is rejected and the buyer agrees to a paid repair, the repair will be charged according to the currently valid price list of the authorized service center.
4.4.4. Before carrying out a paid repair, the buyer will be informed of the price of the repair, its scope and the time required for its implementation, and the repair will be carried out no later than 60 days from the day following the receipt of the goods by the seller. A paid repair can only be carried out with the express consent of the buyer (or on the basis of a concluded service contract) made after the information in accordance with the previous sentence.
4.4.5.If the buyer is an entrepreneur and the complaint is rejected, the buyer acknowledges that the seller is entitled to re-invoice the buyer for the service costs for diagnosing the defect and shipping according to the price list.
4.5.2. Data storage devices are devices whose failure rate is an objective phenomenon with a random nature of the occurrence of failures. The Seller hereby draws the Buyer's attention to the above fact and recommends performing systematic backups of user data on a suitable device (e.g. CD, DVD, USB, Cloud). However, the warranty is not limited by this notice.
4.5.3. The Buyer acknowledges that if the complaint is settled by replacing the data storage device and all accessories for the mobile device, then the original device is not returned.
4.6. REFUSAL TO ACCEPT A COMPLAINT
4.6.1. The Seller has the right to reject an accepted complaint in cases where the claimed goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe handover of goods for complaint proceedings.
5. COMPLAINT HANDLING
5.1. If the buyer is also a consumer, the seller shall decide on the complaint without undue delay, no later than 30 days from the date of the complaint. After this period has elapsed, it is considered that the defect in the goods actually existed and the consumer has the same rights as if it were a defect that cannot be removed.
5.2. In the case of a buyer who is not a consumer, the seller reserves the right to decide on the complaint within 40 days.
6. COMMON PROVISIONS
6.1. The Seller shall issue the Buyer-Consumer with a written confirmation of when the complaint was made, its content, and the method of handling the complaint requested, by email immediately after receipt of the complaint (in the case of a personal complaint, it shall be sent immediately); further confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the complaint, or the justification for rejecting the complaint.
6.2. The buyer has the right to reimbursement of necessary costs (in particular, postage paid when sending the claimed goods) that he incurred in connection with the exercise of legitimate rights from liability for defects (we recommend requesting no later than 30 days after the complaint is settled - the statutory deadline is not affected) and were actually and effectively incurred. In the event of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of this withdrawal.
6.3. After a justified complaint is settled, the warranty period is extended by the duration of the complaint procedure. In the case of an unjustified complaint, the warranty period is not extended. The duration of the complaint is calculated from the day following the claim submission to the day of settlement of the complaint, i.e. the time when the buyer was obliged to take over the item. The customer is informed about the settlement by e-mail, which was provided during the purchase.
6.4. After the complaint has been settled, the seller will notify the buyer of the completion of the complaint procedure either by phone, SMS or e-mail. If the goods were sent by a shipping service, they will be automatically sent to the buyer's address after settlement.
6.5. In the event that the claimed goods are not collected within one month of the expiry of the period in which the claim should have been made, and if it was made later, within one month of the notification of its implementation (i.e. usually within 60 days from the date of filing the claim), the seller is entitled to charge a storage fee of CZK 20 including VAT for each day of delay when issuing the claim.
6.6. If the buyer does not collect the goods from a settled claim within 6 months from the date on which he was informed of the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
6.7. The buyer is obliged to check the goods received and their compliance with the complaint delivery protocol.The buyer will further check the completeness of the goods, in particular that the packaging contains everything it is supposed to contain. Later objections will not be taken into account.
6.8. These provisions do not affect the statutory period for exercising rights arising from defective performance.
6.9. When issuing goods or paying off a credit note in cash after settling a complaint, the buyer is obliged to present a document on the basis of which the item was accepted for complaint, and must prove his identity with a valid identity document (identity card, passport), in order to prevent damage and prevent the legalization of proceeds from crime. Without presenting any of these documents, the seller may refuse to issue the goods or pay off the credit note. If the buyer is a legal entity, then the goods will be issued or the credit note will be paid only to the statutory body of the legal entity or to a person who presents a verified power of attorney.
7. CONSUMABLES
7.1. If the package or item purchased includes consumables (e.g. batteries), their usual shelf life is 6 months, unless otherwise stated. In the case of headphones, the shelf life is always 6 months. The exception is headphones that were purchased as a separate product.
7.2. The buyer's right to make a complaint about the goods within the statutory warranty period is not affected. However, the buyer must take into account the above-mentioned facts, as the warranty does not apply to wear and tear caused by normal use of the item and cannot be confused with the product's lifespan. The lifespan of the goods represents the susceptibility to wear and tear caused by normal use. If the buyer uses the goods for longer than the normal lifespan, it is likely that the defect is a result of normal wear and tear, but it cannot be ruled out that it is actually a warranty defect. The seller will always state in the justification for any rejection of the complaint whether it was a defect caused by normal wear and tear.
7.3. The Buyer acknowledges that the usual service life may be stated by the Seller for the goods offered and confirms that he has become familiar with it before concluding the purchase contract.
8. FINAL PROVISIONS
8.1. These complaints procedures are valid from January 1, 2023 and cancel the validity of previous complaints procedures.
8.2. This complaint procedure is available at the registered office of GP novum sro, or as a document on www.greenguru.cz
