Complaints Procedure
Translation Disclaimer: This is a translation of the original Complaints Procedure in Czech. In the event of any discrepancies, the Czech version shall prevail.
This complaints procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., the Consumer Protection Act, as amended (hereinafter referred to as the "Act"), and applies to Consumer Goods (hereinafter referred to as "Goods") for which the Buyer's rights under liability for defects (hereinafter referred to as "Complaint") are exercised during the warranty period.
Consumer is any individual who, outside the scope of their business activities or independent profession, enters into a contract with an entrepreneur or acts on their behalf.
Seller is the trading company United Heels s.r.o., with its registered office at Čimická 706/29, Praha 8 - Troja, Postal Code 182 00, Czechia; Identification Number: 28518187, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 147439. United Heels s.r.o. is a person who acts within the scope of their business or other commercial activities when entering into and performing the contract. It is an entrepreneur who supplies the Buyer directly or through other entrepreneurs with products or provides services.
Customer of our online store is either a consumer Buyer or a Buyer who, when entering into and performing the contract, acts within the scope of their business or other commercial activities.
Defects of Goods
The Seller is liable to the consumer that the item has no defects upon receipt. In particular, the Seller is liable to the consumer that at the time the consumer took possession of the item,
- the item has the characteristics agreed upon by the parties, and the defects have not altered the agreed-upon characteristics or the characteristics described by the Seller or manufacturer, or that the Buyer expected them considering the nature of the goods and based on advertising conducted by them,
- the item is suitable for the purpose for which the Buyer requests it and with which the Seller has agreed,
- the item matches the quality or execution of the agreed sample or model, if the quality or execution was determined based on the agreed sample or model,
- the item is of the appropriate quantity, measure, or weight, and
- the item complies with the legal regulations.
Rights Due to Defects of Goods
If the item does not have the aforementioned characteristics, the consumer may demand the delivery of a new item without defects, provided that this is not unreasonable due to the nature of the defect. However, if the defect concerns only a part of the item, the consumer may demand only the replacement of that part; if this is not possible, they may withdraw from the contract.
However, if the defect is unreasonable due to its nature, particularly if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.
The right to deliver a new item without defects or replace its part is also available to the consumer in case of removable defects, provided that the item cannot be normally used due to a repeated occurrence of the defect after repair or for a greater number of defects. In such a case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to demand the delivery of a new item without defects, to replace its part, or to repair the item, they may demand a reasonable discount. The consumer has the right 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 repairing the defect would impose significant difficulties on the consumer.
The consumer does not have the right to claim damages arising from defects in the item if the consumer knew of the defect before taking possession of the item or if the consumer caused the defect themselves.
Deadlines
The consumer is entitled to claim a right due to a defect in consumer goods within twenty-four (24) months from taking possession. If a defect manifests within six months from taking possession, it is assumed that the item was defective at the time of delivery.
The warranty period begins upon the consumer taking possession of the Goods. The warranty period for the consumer Buyer is twenty-four (24) months, but for the Buyer who, when entering into and performing the contract, acts within the scope of their business or other commercial activities, the warranty period is only twelve (12) months. The warranty period is extended by the time the item is under warranty repair. In the case of replacing the item, a new warranty period begins.
Other
The Seller's liability for defects does not apply to wear and tear caused by normal use of the item, to an item sold at a lower price for a defect for which a lower price was agreed, to the use of an item to a degree that matches its parameters as specified in the item documentation, or to wear and tear that the item had at the time of delivery to the consumer, or as a result of its nature.
Upon the consumer's request, the Seller is obliged to provide the consumer with written confirmation of the obligations under liability for defects to the extent stipulated by the Act (warranty sheet). If the nature of the item allows, it is sufficient instead of the warranty sheet to issue the consumer a receipt for the purchase of the item containing information (invoice) that must include details such as the Seller's name and surname, name or trading company, identification number, registered office, if a legal entity, or residence, if a natural person. If an extended warranty is provided, the Seller will specify the conditions and scope of the warranty extension in the warranty sheet.
The consumer is entitled to withdraw from the contract in all cases specified by the Act. Withdrawal is effective against the Seller from the moment the consumer is served a statement of withdrawal from the contract, provided that all necessary legal conditions are met. In the case of withdrawing from the contract, the contract is void ab initio and the contractual parties are obliged to return everything they provided under the contract. In the case of cancelling the contract due to exercising rights arising from liability for defects, the purchase price paid to the consumer is returned only to the extent that is objectively possible in the given situation.
Handling of Complaints
If the consumer exercises their right to demand the removal of defects from the goods by repair, and in the warranty sheet, a specific entrepreneur is designated for warranty repairs of the Goods, located in the same place as the Seller's registered office or in a place closer to the consumer, the consumer will exercise their right to warranty repair with the entrepreneur designated in the warranty sheet. This information can also be found in the document replacing the warranty sheet.
The consumer is entitled to request warranty repairs at authorised service centres, the list of which is attached to the Goods documentation or provided by the Seller upon the consumer's request.
Complaints, including the removal of defects, must be handled without undue delay, no later than 30 days from the day the Complaint is submitted, unless the Seller and the consumer agree on a longer period. After this deadline, the consumer is granted the same rights as if it were a material breach of the contract.
The running of the deadline for handling the complaint is suspended in the event that the Seller has not received all the documents necessary for handling the complaint (parts of the goods, other documents, etc.). The Seller is obliged to request the consumer to provide the missing documents as soon as possible. The deadline is suspended until the consumer provides the requested documents.
In cases where the Goods need to be sent to the Seller or a service centre due to reasons on the consumer's side, the consumer must ensure, at their own discretion, that the Goods are packaged in suitable and sufficiently protective packaging material meeting the transport requirements for fragile Goods, including all accessories and shipment labeling with appropriate symbols.
The service centre, after proper handling of the Complaint, will invite the consumer to take possession of the repaired Goods.
The right to claim a warranty expires in the case of improper assembly or installation performed by the Seller or under their responsibility according to the contract, as well as in the case of improper handling by the consumer, i.e., particularly when using the goods in conditions that do not correspond to their parameters as specified in the item documentation.
Upon any visit of a service technician to the consumer, a protocol must be drawn up documenting the identified defects and their removal. Without such a protocol, the technician's visit is not considered valid.
In the case of withdrawing from the purchase contract or granting a discount on the purchase price, the corresponding payment is returned to the consumer by transfer to their bank account or handed over in cash at the company's registered office or at one of the branches.
Additional useful information regarding complaints is also available on the Seller's website.
Final Provisions
This complaints procedure came into effect on January 1, 2014. Changes to the complaints procedure are reserved.