Complaints procedure

Although the products in our portfolio are selected with great emphasis on quality, sometimes something may go wrong. If a defect is apparent or hidden in the product purchased, bring it back to us at any cash desk immediately with the sales receipt, where the complaint procedure will be initiated immediately. We believe that, with the good will of both parties, we will find a common solution.

 

The Complaint Procedure is available on request at each DESIRRED cash desk.

 

COMPLAINTS PROCEDURE

 

MESTRA HOUSE, s.r.o., Wenceslas Square 831/21, 110 00 Prague 1 New Town

IČ: 27103030


Article I.

Introductory provisions

 

1. Buyer's rights to defective performance (hereafter "claim") must always be exercised in accordance with these claims.

2. Matters not governed by these Rules of Claim shall be governed by the laws of the Czech Republic.

3. The Seller shall notify the Buyer of this claim in an appropriate manner and, upon request by the Purchaser, shall deliver it to him in a textual form.

4. This Complaint Procedure is based on Act No. 89/2012 Coll., The Civil Code, as amended, and on Consumer Protection Act No. 634/1992 Coll., In force as of January 1, 2014.

5. The seller is not liable for the defects of the goods sold in the following cases:

a. If there is a defect in the item already at the time of its receipt and for such a defect a discount on the purchase price is agreed;

b. In the case of the goods used and the defect in the item corresponds to the degree of use or wear and tear of the goods when the goods were taken over by the buyer;

c. if a defect has been caused by the wear and tear caused by its normal use, or if it results from the nature of the matter (eg by the expiration of the life of the thing, ...);

d. If the defect is caused by the purchaser, in particular if it has been caused by improper use, storage, improper maintenance, buyer intervention or mechanical damage;

e. If a fault has occurred due to an external event (vis major) outside of the seller's influence.


Article II.

Claiming a claim

 

1. The buyer has the right to claim a claim at the seller, especially at his premises in the DESIRRED business house and also at any of its premises, if it is properly established as its establishment, where acceptance of the complaint is possible with regard to the range of goods sold, at its headquarters or business location, if the addresses are different in the future.

a. The Seller shall ensure the presence of a staff member in charge of receiving complaints for the entire working hours of the DESIRRED Store.

b. The claim may also be claimed by the person who is the seller in the confirmation that the seller has issued to the buyer, on the receipt or in the warranty card, if such designated person is in the place of the seller or at the buyer's nearest place.

2. The Buyer shall be obliged to prove that he has the right to claim the claim, in particular to prove the date of purchase of the item, either:

a. submitting a sales receipt;

b. submitting a confirmation of the seller's obligations for faulty performance;

c. submitting a warranty certificate;

d. in another credible way.

3. The buyer is not entitled to claim a defect that has been criticized in the past if he has been granted a reasonable discount on the purchase price.

4. If the application of the right to defect would cause considerable difficulties for the consumer, in particular because the goods can not be transported to the place of claim in the normal way, or the goods being assembled or part of the property, the seller will assess the defect in agreement with the buyer place, or otherwise. In this case, the Buyer is obliged to provide the Seller with the necessary cooperation.


Article III.

Time limit for exercising rights

 

1. The Buyer may claim his / her defective performance within 24 months of receipt of the Goods. In the case of any used goods, the period for exercising the rights to defective performance may be shortened to 12 months; such shortening of the time period shall be indicated by the seller in the certificate of defective performance obligations or the sales document.

2. Upon the expiration of the aforementioned period, the right of defect of the seller may not be invoked, unless the parties agree otherwise, or the seller or the manufacturer will provide a special guarantee for the quality of the matter, beyond its legal obligations.

3. The Buyer shall apply his rights to defective performance to the Seller without undue delay after discovering that the goods or, things are defective.

4. The seller is not responsible for increasing the extent of damage to the item if the buyer is using the goods, even though he knows or knows the defect.

5. If the buyer defaults correctly against the seller, the warranty period is interrupted and the warranty period for the claim for defective performance does not run until the goods are repaired and the buyer can not use the item.

6. The Buyer acknowledges that, in the event of a replacement of the goods in the course of a complaint settlement, a new period for the exercise of the rights of defective performance is not forthcoming. The deadline runs 24 months after the purchase of the original goods claimed.

7. The time limit for claiming defects from defects can not be considered to be the determination of the life of the goods, which differ with respect to the property's properties, its maintenance, the correctness and intensity of use, or, where appropriate, the agreement between the buyer and the seller.


Article IV.

Claims handling

 

1. Seller is required to make a claim immediately, in more complex cases within three business days. This period does not include the time required for expert judgment of the defect.

2. The Seller is obliged to issue a written confirmation to the Buyer, stating the date and place of the claim, the characteristics of the defect complained of, the Buyer's requested way of handling the claim and the manner in which the Buyer will be informed about the settlement of the claim.

3. Claims, including removal of a defect, must be settled without undue delay, no later than 30 days from the date of claim submission, unless the seller and the buyer agree for a longer period. The expiry of this period is considered as a material breach of contract.

4. The Seller shall be obliged to confirm in writing the manner of settling the complaint and the duration of its claim.

5. The buyer is not entitled without the seller's consent to change the one chosen way of settling the complaint except in the case where the chosen method of solution can not be done at all or in time.

6. The buyer is obliged to accept the goods claimed within 30 days from the day when the complaint was to be settled at the latest, after which time the seller is entitled to charge reasonable warehouse or goods for sale himself at the buyer's account. The buyer must notify the seller in advance of this procedure and give him an adequate additional time to take over the goods


Article V.

Quality of takeover

1. The Seller declares that the goods are handed over to the Buyer in accordance with the provisions of Section 2161 of the Civil Code, that is to say the goods have properties that the buyer has negotiated with the seller and, if such an arrangement is lacking, then possesses properties that the seller or the manufacturer has described or which the buyer expects, with regard to the nature of the goods and / or the advertising they carry out, that the goods are suitable for the purpose which the seller uses for his use or for which the thing is normally used, the goods are in the appropriate quantity, degree or weight and the goods fit the requirements of Czech legislation.

2. In the event that the Goods fail to comply with the above requirements in the event of a buyer's acceptance, the Buyer shall be entitled to the delivery of new non-defective goods if this is unreasonable due to the nature of the item.

3. If the defect relates only to a part of the item, the buyer may only require the replacement of such parts; if this is not possible, it can withdraw from the contract and demand full refund of the purchase price.

4. However, if the fault is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer shall be entitled to a free removal of the defect.

5. If the buyer does not withdraw from the contract or if he does not exercise the right to the supply of new non-defective goods, the replacement of their parts or the repair, they may request a reasonable discount on the purchase price.

6. The buyer has the right to a reasonable discount even if the seller can not deliver new non-defective goods, replace their parts or repaire goods, and if the seller fails to remedy the remedy within a reasonable time or that the remedy for the remedy would be significant difficulties.

7. If a defect occurs within six months of the take-over, the matter shall be deemed to have been defective upon its receipt.


Article VI.

Seller's liability for a defect that is a substantial and irrelevant breach of contract

 

1. Liability of the seller for defects that are a material or non-material breach of contract shall apply to defects in goods occurring within 24 months of receipt, for defects for which no responsibility for the take-over quality referred to in Article 5 is applicable.

2. A defect is considered to be a material breach of contract if the buyer did not enter into the contract in the event of a defect in the conclusion of the contract, in other cases it is a defect that is not a material breach of the contract.

3. If a defect is a material breach of contract, the buyer of his / her choice has the right to deliver a new item, repair, a reasonable discount or to withdraw from the contract (with the right to refund the full purchase price).

4. If the defect is an irrelevant breach of contract, the buyer has the right to remove the defect or a reasonable discount on the purchase price.

5. The buyer, regardless of the nature of the defect, has the right to the delivery of a new perfect item, the replacement of the part, the discount or the withdrawal, unless he can properly use the item for repeated defects after repair or for more defects.


Article VII.

Claims and dispute resolution costs

 

1. If the claim is acknowledged to be justified, the buyer is entitled to the reimbursement of the expense incurred in connection with the exercise of his right.

2. In the event that the seller rejects the claim as unauthorized, the buyer or, in agreement with the seller, the two parties may contact a court expert in the field and request an independent expert assessment of the defect.

3. Out-of-court Consumer Dispute Resolution (ADR): In the event that consumer disputes arise between us and the consumer from a sales contract or from a service contract that can not be settled by mutual agreement, the consumer may make a proposal for an out-of-court settlement of such a dispute subject of out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Central Inspectorate, ADR department Štěpánská 15 120 00 Praha 2 Email: adr@coi.cz, web: www.adr.coi.cz.


Article VIII.

Contractual guarantee for quality

 

If the seller, beyond the scope of his statutory obligations, has a quality guarantee, his application shall be governed by this Complaint Procedure, unless the confirmation of Seller's obligations under a defective performance (warranty) or contract stipulates otherwise.

 

In Prague on July 1, 2017


 How to proceed with complaining goods

The complaint procedure must be initiated without undue delay after the defect has been detected, but no later than 24 months after the purchase contract has been concluded. The original of the purchase document (paragon) or the purchase receipt must be submitted to the opening of the complaint procedure. warranty card and accurately state the defect of the goods. The petitioner is obligated to provide his / her name, full address, telephone number, e-mail adress.


Returned goods

Inappropriately chosen size, type or purpose of the purchased goods are not grounds for the commencement of the complaint procedure. In this case, we offer only the possibility of exchanging the purchased goods, within 14 days of the conclusion of the purchase contract, according to the following conditions.

The possibility of exchanging purchased goods does not apply to lingerie and swimwear. The undamaged, intact, unused or unused goods in the complete set, with original labels and in the original packaging, can be exchanged for other merchandise within 14 days of the purchase agreement (with the exception of the previous sentence) in our sales department. The customer applying for the exchange of such goods must provide proof of purchase of the goods. Sales staff have the right to reject the goods if they suspect that any of the above-standard service conditions have been violated.

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