Complaints Procedure of e-shop Epoxio

1.   What product defects are we responsible for?

As the seller, we are responsible for the fact that the goods are free of defects upon receipt. This means that the goods upon receipt in particular:

We are also responsible to consumers for the fact that these defects do not occur during the warranty period. If you are not a consumer, the legal warranty period according to Article 2 is not provided to you. Article 2 applies only to consumers.
Beyond the statutory consumer warranty period, we do not provide any quality guarantee.
If you are an entrepreneur, rights from defective performance are based only on a defect that the goods had when the risk of damage passed to the goods, even if it becomes apparent only later. In the event that a defect occurs as a result of a breach of one of our obligations, you have rights from defective performance even in such a case.
Differences in color shades in reality and on electronic display devices cannot be considered a product defect. If the goods do not meet your expectations, if you are a consumer, you have the right to withdraw from the contract within 14 days of receiving the goods in accordance with Article 5 of the General Terms and Conditions.
If you are a consumer and the defect of the goods becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

 

2.   What is the warranty period? 

For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents attached to the goods or in the advertisement. For used goods, the warranty period is twelve months from receipt of the goods.
Please note that in the event that the goods are exchanged or repaired for you, new goods or replaced parts and spare parts do not have a new warranty period. In this case, however, the warranty period is extended by the time during which you could not use the goods due to the defect, i.e. in particular by the time during which the goods are being repaired.

3.    What rights do you have from defective performance? 

Your rights from defective performance are governed by the Civil Code, especially 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 considered to have already existed when the goods were received, you are entitled to the rights listed below from defective performance.
If the defect in the goods is a material breach of the contract, you have the following rights from defective performance:
a) Removal of a defect by delivery of a new item without a defect or by delivery of a missing item;
b) Removing the defect by repairing the item;
c) A reasonable discount from the purchase price; or
d) Withdrawal from the contract.In the event of a substantial breach of contract, upon notification of the defect or without undue delay after notification of the defect, inform us of the right you have chosen from the defective performance. Please note that if you do not do so, you will only have the rights that you would have in case of a minor breach of contract. The choice made can only be changed after agreement with us.
If we do not remove the defect in the goods within a reasonable period of time, you can request a reasonable discount from the purchase price instead of removing the defect, or you can withdraw from the contract.
If the defect in the goods is a minor breach of contract, you can claim:
a) Removal of the defect; or
b) A reasonable discount from the purchase price.
If we do not remove the defect in the goods in time or refuse to remove the defect, you can request a discount from the purchase price, or you can withdraw from the contract. The choice made can only be changed after agreement with us.
Please note that until you exercise your right to a discount on the purchase price or withdraw from the contract, we are entitled to deliver the missing goods to you or remove the legal defect (in particular deliver the missing documents).

You cannot request an exchange of goods or withdrawal from the contract if you cannot return the item in the condition in which you received it. This does not apply if:
a) There has been a change in condition as a result of an inspection for the purpose of detecting a defect in the item;
b) You used the item before the defect was discovered;
c) You have not caused the impossibility of returning the item in an unchanged state by action or omission; or
d) You sold the item before the defect was discovered, used it, or changed the item during normal use; if this has happened only in part, you will return to us what you can still return and give us compensation up to the amount in which you have benefited from the use of the item.
B. Only if you are a consumer:
If a consumer goods defect occurs within the warranty period of twenty-four months from receipt of the goods (for used goods twelve months from receipt of the goods), you have the following rights from defective performance:
a) You have the right to exchange goods if:
- During the warranty period, the goods lose any of the properties listed in Article 1 of the Complaints Regulations and this is not unreasonable due to the nature of the defect;
- The defect is irreversible;
- You cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- A greater number of defects occur on the goods.
You cannot request an exchange of goods if the exchange of goods would be disproportionate to the nature of the defect. In this case, you have the right to have the defect removed free of charge.
You do not have the right to exchange the goods even in cases where only a part (part) of the goods is defective.
You cannot request an exchange of goods for goods that are used or sold at a lower price. Instead, you can ask for a reasonable discount.
b) You have the right to exchange a defective part of the goods if:
- Only a part (part) of the goods is defective;
- The defect is irreversible;
- You cannot use the goods properly due to the repeated occurrence of the defect after repair; or
- A greater number of defects occur on the goods.
c) You have the right to a reasonable discount from the purchase price if
- You do not choose the right to withdraw from the contract, exchange defective goods or parts of goods or repair goods;
- We are unable to replace or repair the goods or their parts (for example, the goods are no longer manufactured);
- We do not seek redress in a reasonable time, or in cases where seeking redress would cause you significant difficulties; or
- The item has a defect for which we are liable, and it is an item sold at a lower price or a used item.
d) You have the right to withdraw from the contract if
- The defect is irreversible;
- You cannot use the goods properly due to the repeated occurrence of the defect after repair;
- A greater number of defects occur on the goods;
- We are unable to replace or repair the goods (for example, the goods are no longer manufactured); or
- It is not possible to exchange defective goods or parts of goods for faultless ones.

4.   When can rights from defective performance not be exercised?

You do not have rights from defective performance if:
- You knew about the defect before taking over the item;
- You caused the defect yourself; or
- The warranty period has expired.
The warranty and claims from liability for defects do not apply to:
- Wear and tear of goods caused by their usual use (wear and tear caused by use is also considered to reduce the capacity of batteries and accumulators);
- Defects in the used item corresponding to the level of use or wear and tear the item had at the time you received it;
- Items sold at a lower price - only in relation to the defect for which the lower price was negotiated; or
- If it follows from the nature of the matter.

5.    How to proceed with a complaint? 

Make a claim with our company (or the person who is listed as the person designated for repair in the confirmation of the duration of rights from defective performance - Warranty certificate) without unnecessary delay after the defect is discovered. In accordance with the Consumer Protection Act, we accept complaints:
- In any of our establishments, in which the acceptance of a complaint is possible with regard to the range of goods sold;
- At our company headquarters;
- For the person who is listed as the person designated for repair in the confirmation of the duration of rights from defective performance - warranty certificate.
In order to handle the claim as quickly as possible, we recommend using our place of business / the person designated for the repair.
Recommended complaint procedure:
- For faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
- At the same time, it is advisable to inform us about which right you have chosen from defective performance, i.e. whether you are interested in repairing the item, exchanging the goods or its parts, withdrawing from the contract, discounting the purchase price, or other rights in accordance with these complaints regulations in accordance with this complaints procedure and the Civil Code;
- You deliver the claimed goods to us (other than cash on delivery, which we do not accept), and when sending, we recommend wrapping the goods in suitable packaging so that they are not damaged or destroyed;
- To facilitate the procedure, it is advisable to attach a proof of purchase of the goods or a tax document - an invoice, if it was issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal for how to resolve the complaint.
Failure to complete any of the above-mentioned steps or failure to submit any of the above-mentioned documents does not prevent the positive processing of the claim according to legal conditions.

The moment of application of the complaint is the moment when we were notified of the occurrence of a defect and the right of liability for defects of the sold item was asserted.
We decide on the received claim immediately, in complex cases within three working days. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, will be handled without undue delay, no later than 30 days from the date of the claim, unless we agree on a longer period.
When making a complaint, we will issue you a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you require; and further (after handling the complaint) we will issue you a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
In accordance with the Civil Code, you have the right to reimbursement of the costs incurred when making a claim for goods. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period in which the defect must be pointed out.

These Complaints Rules are valid and effective from January 1st, 2020.

For any further questions, contact us by email at the phone number +420 737 108 685 or at info@epoxio.cz.