Complaints Procedure

Complaints procedure

 

The Complaints procedure document regulate the manner and the conditions of warranty claims for defective goods purchased through the online shop Gravelli Eshop of our company

Gravelli s.r.o., with registered office at Gravelli s.r.o., Pod Harfou 3, Praha 9, 190 00 ,
Corporate ID No: 29441200,
VAT ID: CZ29441200
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 233128
Delivery address: Gravelli s.r.o., Pod Harfou 3, Praha 9, 190 00
Telephone number: (+420) 737 427 491
Email: shop@gravelli.com

What defects are we liable for?

 As the seller we are liable that the goods has no defects as of the moment of its takeover. This means that the goods:

  • has characteristics, which have been negotiated between us, which we describe, or which you could expect with regard to the nature of the goods and on the basis of an advertisement;
  • has the right quantity, measure or weight;
  • meets the requirements laid down by legal regulations;
  • is suitable to be used for the purpose we state or to which the goods is usually used;
  • the situation where we deliver another goods to you than which has been negotiated between us is also considered defect;
  • the goods has the quality which has been negotiated between us, or the quality which valid and effective legislation lays down for the type of goods concerned; and
  • does not have any legal defects, i.e. no third person has property rights to the goods and the goods is fitted with all documents necessary for proper use.

If you are a consumer, we guarantee that the defects will not occur within the warranty period. If you are a non-consumer, you are not provided with such a warranty. Article 2 of the Complaints procedure applies to consumers only.

Beyond the warranty period for consumers we do not provide any quality guarantee.

If you are a sole trader, your rights from defective performance are established only by a defect which the goods had upon the passage of the risk of damage, even if it reveals later. Your rights from defective performance are also established by a defect which is caused by our breach of duty.

The disparity of colour tones in reality and on electronic display devices is not considered as the defect of the goods. If the goods does not conform to your idea, you have, if you are a consumer, the right to withdraw from the contract within 14 days from receipt of the goods in accordance with Article 5 of the Terms and Conditions of the Sale.

In case you are a consumer and the defect occurs within six months from the receipt of the goods, it shall be deemed that the goods were defective at the time of the takeover.

How long is the warranty period?

For the unused consumer goods, the warranty period is twenty-four months from the receipt of the goods, provided that there is no longer period stated on the website or in the documents accompanying the goods. For used goods, the warranty period is twelve months from the receipt of the goods.

Please note that in case the goods will be exchanged or repaired, there is no new warranty period commencing for the new goods or components and spare parts respectively. However, the warranty period is extended by the time during which you cannot use the defective goods, i.e. in particular the time during which the goods is being repaired.

What rights from defective performance do you have?

Your rights from defective performance are governed by the relevant legislation, in particular by the provisions of Section 2099 to 2117 and, if you are a consumer, also by the provisions of Section 2165 to 2174 of the Civil Code.

If you are o consumer or a sole trader:

In case the defect existed, or is presumed to be, at the time of takeover of the goods, you have the rights from defective performance listed below.

If a defective performance constitutes a fundamental breach of contract, you have the right to:

  1. have the defect removed by having a new defect-free thing or a missing thing supplied;
  2. the removal of the defect by having the thing repaired;
  3. a reasonable reduction of the purchase price, or
  4. withdraw from the contract.

If a defective performance constitutes a fundamental breach of contract, notify us of the right you have chosen upon the notification of the defect or without undue delay thereafter. If you fail to make your choice of right in time, you have only those rights you would have upon non-fundamental breach of contract. You cannot change your choice made without our consent.

If we fail to remove the defects within a reasonable time limit, you may, instead of having the defects removed, request a reasonable reduction of the purchase price or withdraw from the contract.

If a defective performance constitutes a non-fundamental breach of contract, you have the right to:

  1. have the defects removed;
  2. a reasonable reduction of the purchase price.

If we fail to remove the defects within a reasonable time limit or if we notify you that we will not remove the defects, you may request a reasonable reduction of the purchase price or withdraw from the contract. You cannot change your choice made without our consent.

Please note, that until you assert your right to a reduction of the purchase price of withdraw from the contract, we may supply the missing goods or remove a legal defect (particularly by supplying missing documents).

You may not withdraw from a contract or demand the supply of a new thing if you cannot return the thing in the same condition in which you received it. This does not apply if:

  1. there has been a change in its condition as a result of inspection to discover a defect of the thing,
  2. you used the thing before the discovery of a defect,
  3. you did not cause the impossibility to return the thing in the same condition by an act or omission, or
  4. you sold the thing before the discovery of the defect, consumed it or altered the thing during its normal use; if it occurred only partially, you shall return us everything you still can and shall compensate us in the amount of the benefit you enjoyed as a result of the use of the thing.

Only if you are a consumer:

If a defect occurs in consumer goods within 24 months from the takeover (12 months in case of used consumer goods), you have the following rights:

  1. right to have a new defect-free thing in case that:
  • the goods has lost any of the characteristics listed above in Article 1 of the Warranty Claim Guidelines within the guarantee period and it is not disproportionate to the nature of the defect;
  • the defect is irremovable;
  • you cannot use the goods properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects.

You cannot request a new defect-free thing if it is not proportionate to the nature of the defect. In this case you have the right to have the thing repaired gratuitously.

You have not the right to have a new defect-free thing in cases when only a part of the goods is defected.

You cannot demand to have the new defect free-thing in case of the used goods and goods sold for a lower price. Instead of it you can request a reasonable reduction of the purchase price.

  1. right to a replacement of the component part of the goods in case that:
  • only a component part of the goods is defected;
  • the defect is irremovable;
  • you cannot use the goods properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects.
  1. right to a reasonable reduction of the purchase price in case that:
    • you do not request the right to withdraw from the contract, the right to have a new defect-free thing, replacement of the component part of the goods or right to have the goods repaired;
    • we are not able to supply you a defect-free thing or its component part or repair the thing (e. g. the goods is no longer manufactured);
    • we fail to provide a remedy within a reasonable time or where such a remedy would cause substantial difficulties to you; or
  • the thing has a defect which creates an obligation for us, and it is a thing sold for a lower price or a used thing.

right to withdrawal from the contract in case that:

    • the defect is irremovable;
    • you cannot use the goods properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects;
    • we are not able to supply you a defect-free thing or its component part or repair the thing (e. g. the goods is no longer manufactured); or
  • it is not possible to supply you a defect-free thing or a defect-free component part of the goods.

When you cannot exercise the rights from defective performance?

You do not have the rights from the defective performance if:

  • you have had the knowledge of the defect prior taking over;
  • you have caused the defect by yourself;
  • warranty period has expired.

Warranty and liability claims for the defects also does not apply to:

  • the wear and tear of a thing caused by its normal use;
  • a defect of a used thing corresponding to the extent of use of the thing or its wear and tear upon takeover by the buyer;
  • a defect of a thing sold for a lower price for which the lower price was stipulated; or
  • if it follows from the nature of the thing. 

How to proceed with your warranty claim?

Assert your warranty claim with us (or a person who is listed in the confirmation of the duration of the rights from defective performance – the guarantee statement as the person designated for repair) without undue delay from finding out of the defect. In accordance with Consumer Protection Act we accept the warranty claim:

  • at any of our business premises, at which the acceptance of the warranty claim is possible with regard to the nature of the sold goods;
  • at our registered office;
  • at our place of business;
  • by the person who is listed in the confirmation of the duration of the rights from defective performance – the guarantee statement as the person designated for repair.

We recommend you for the purpose of the earliest possible settlement of the claim to use our business premises / the person designated for repair.

Claim can be asserted in the following manner:

    • For faster processing you can contact us in advance by telephone, e-mail or by writing.
    • It is appropriate to notify us which right from the defective performance you have chosen, i.e. whether you are interested to have the defect removed, to have a new defect-free thing or a defect-free component part of the goods, reasonable reduction of the purchase price or other rights in accordance with this Warranty Claim Guidelines or Civil Code.
    • Deliver the claimed goods (other than by the way of cash on delivery, which we are not taking over) to us. When sending the goods, wrap it in the suitable packaging to avoid damage or destruction.
  • We advise you to attach a receipt or tax document - invoice if it has been issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposal of a manner dealing with your claims.

If you are a consumer and if you fail to comply with any steps listed above or submit any of the above mentioned documents a positive settlement of the warranty claim under the legal conditions shall not preclude.

The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.

Inbox warranty claim is handled promptly; in the event of a disputed claim we will decide of its acceptance within three working days from the date of assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period. The warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim , unless we agree otherwise.

You will be issued a written confirmation about the date of assertion, information about the content of the warranty claim and which right from the defective performance you have chosen. After the warranty claim is settled you will be issued the information about the date and method of the settlement of the claim, including confirmation about remedy made and about repair time or written reasoning of the refusal of the warranty claim.

In accordance with the Civil Code you are also entitled to reimbursement of the costs reasonably incurred in asserting the warranty claim. You have to assert this right within one month after the time limit for claiming the defect has expired.

The Complaints pocedure is valid and effective as of 01. 09. 2016.