1. General provisions
- This Claims and Returns Procedure has been compiled in accordance with the provisions of the Civil Code. The Procedure governs the way in which claims of goods are made, the fundamental terms and conditions of such claims and exercising rights from the warranty.
- The Claims and Returns Procedure applies to claiming faults to goods which are under warranty.
- The Claims and Returns Procedure is an inseparable part of the contract on the purchase of goods between the seller and the buyer.
2. Fundamental expressions
- Warranty claim shall mean exercise of the right of the buyer on account of liability for a fault to goods, exercised by the buyer against the seller in person, in writing or by e-mail in an official form, containing the identification details of the buyer, the goods, a description of the fault and how the fault is manifested.
- Warranty certificate shall mean a document issued by the seller which contains a minimum of the particulars laid down by law and which sets out the specific conditions and extent of the warranty on goods.
- The buyer shall mean the party with which the seller has entered into a contract on the purchase of goods.
- The seller shall mean MEKR´S s.r.o., Anny Letenské 34/7, 120 00 Praha 2.
- Goods shall mean purchased material from the MEKR´S s.r.o. range.
- Internet shop shall mean the Internet shop at www.eshop.mekrs.cz.
3. The scope of the warranty
The warranty applies to:
- faults to goods which are manifested during the warranty period after the buyer has received the goods;
- an incorrect delivery of goods, meaning a different number of pieces, a different type or a different range.
4. The invalidity of a warranty claim
A warranty claim will not be recognised:
- if the warranty claim on the fault is not made within the warranty period;
- for goods ordered over the telephone;
- when cancelling goods over the telephone;
- after more than 10 calendar days have passed since receiving the goods if the warranty claim relates to a different number of pieces, a different type or a different range;
- in the case of wilful changes to the original data written by the buyer in the warranty certificate or delivery note;
- in the case of amateur installation, repairs or other interventions;
- in the case of modifications which change the original properties or parameters of the goods, for example surface treatment, a change of dimensions, hardness, etc.;,
- in the case of use, operation or handling of the goods contrary to the purpose of their use;
- when breaching protective stickers or seals, if the manufacturer of the goods has provided them with one;
- damage to the goods caused by the elements.
Returning goods is not the same as making a warranty claim – if the customer returns goods which were delivered in line with the customer’s requirements, the supplier reserves the right to charge a cancellation fee of up to 100 % of the value of the returned goods.
If the buyer does not send back the goods in a warranty claim in the original quantity and in the original packaging, the supplier reserves the right to charge a fee of up to 50 % of the value of the sent goods to cover the extra costs associated with re-packaging.
5. Warranty period
- The specific length of the warranty period always corresponds at a minimum to the minimum length of a warranty period according to the Civil Code, or special legal regulations.
- The warranty period commences upon the acceptance of the goods by the buyer.
- The period of time running from the start of the warranty claim on goods to the time when the buyer is obliged to receive the goods after the completion of warranty repairs is not counted in the warranty period.
- If goods are replaced with new goods, the warranty period begins again once the new goods are accepted.
6. Rights from the warranty
When the buyer makes a legitimate warranty claim, it has the rights arising from the warranty according to the Civil Code, or other legal regulations.
If the fault is such that it merely entails a non-fundamental breach of the contract, the buyer has the right:
- to the rectification of the fault in a due and timely manner and without charge, or to an adequate discount on the purchase price.
If the fault is such that it entails a fundamental breach of the contract (the goods are not fit for purpose, etc.), the buyer has the right:
- to the rectification of the defect by way of the delivery of new, faultless goods or delivery of missing goods;
- to the rectification of the fault in a due and timely manner and without charge;
- to an adequate discount on the purchase price;
- to withdraw from the contract.
7. Receiving goods
- Receiving goods is understood to be signing a delivery note or advice of delivery from the shipping company or the post office.
- The customer should only accept consignments from the shipping service or from the post office with no visible signs of damage. If there is visible damage to the consignment, the customer must write up a warranty claim report with the shipper. If after opening the consignment the customer finds that the contents have been damaged in transit, it must report this to the seller in writing or by telephone without delay, within one business day.
8. Reasons for warranty claims
- The goods being claimed must be delivered together with the “Warranty Claim Report” form, which is available at www.mekrs.cz. This form may be submitted in person, sent by post to Úpice or sent by e-mail to firstname.lastname@example.org.
- The place at which to make a warranty claim is MEKR´S s.r.o. in Úpice.
- The buyer pays for the transportation of the goods to the place for making warranty claims, in that this transportation fee is reimbursed by MEKR´S s.r.o. if the warranty claim is recognised.
- Claimed goods are set back to the customer at the expense of MEKR´S s.r.o. only when the warranty claim has been recognised.
- Unjustified warranty claims shall not be accepted, according to Section 2172 of the Civil Code.
- Goods sent for claim or return may not be sent payment on delivery.
- The seller is obliged to deal with warranty claim procedure within 30 days of receiving the goods from the buyer. Should the buyer make a warranty claim in person at the seller, it is also obliged to receive the goods in person (even in the case of an unjustified warranty claim), unless specified otherwise in the warranty claim record; the warranty claim ends on the day on which the goods are ready for issue and handover to the buyer at the place of making the warranty claim (even in the case of an unjustified warranty claim). If the buyer sends the goods for a warranty claim, the claimed goods will also be sent to it (even in the case of an unjustified warranty claim), unless specified otherwise in the warranty claim record; the warranty claim has been handled on the day on which the goods are handed over for transportation to the address of the buyer specified in the warranty claim (even in the case of an unjustified warranty claim).
- The buyer is obliged to cooperate with the seller in the handling of the warranty claim; in particular, it is obliged to receive the goods after the handling of the warranty claim.
- A warranty claim record is written up regarding the course of and the outcome of the warranty claim; this is presented to the buyer at the end of procedure.
This Claims and Returns Procedure enters into effect on 1.1.2011.