Complaints Procedure
Procedure for claiming goods in brief:
Inform yourself about the legal procedures in the Complaints Procedure (below below this procedure, where the rights and obligations of both the seller and the buyer are listed.
1) If there is a defect in the purchased goods, the customer has the right to claim this defect. Please inform our customer support immediately by phone or e-mail about your complaint. A defect is considered eg. change in the properties of the goods, which is caused by the use of unsuitable or poor quality material, failure to comply with production technology or inappropriate design solution. A defect cannot be considered a change in the properties of the goods that arose during the warranty period as a result of their wear and tear, improper use, insufficient or improper maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the user or a third party or other improper intervention.
2) Clean the claimed goods and make sure that they are hygienic.
3) Pack the goods so as not to damage them further during transport. For this case, the most suitable packaging foil, paper, plastic bag or larger boxes. It is best to add a complaint form, a copy of the invoice, or write the name and order number on a piece of paper. Do not send the package cash on delivery. Such shipment will not be accepted. Send the goods to our office at:
Patrik John, Sobotin 239, 788 16
We recommend insuring the shipment in the amount of the price of the goods.
(4) The warranty period for the goods is 24 months and begins to run on the date of receipt of the goods. ATTENTION! The warranty period is NOT the lifetime of the goods. Complaints do not apply to defects caused by improper use and wear and tear in an inadequate manner.
5) Complaints, including the removal of defects , will be settled without undue delay, no later than within 30 days from the date of application. In justified cases, the authorized employee may agree a longer period with the customer.
COMPLAINTS PROCEDURE
- The Complaints Procedure was prepared in accordance with Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended, and regulates the procedure for complaints about goods purchased from the seller, which is an online store www.lostgen.eu, the operator of which is a natural person doing business – self-employed, non-VAT payer: Patrik John, IČO: 18036741, with its registered office at Sobotín 239, postal code 788 16 (hereinafter referred to as the "Seller"). This Complaints Procedure is an integral part of the Seller's General Terms and Conditions.
- The Buyer is obliged to familiarize himself with this Complaints Procedure and the Seller's General Terms and Conditions before ordering the goods. By concluding the purchase contract and taking over the goods, the Buyer expresses his consent to this Complaints Procedure and the Seller's General Terms and Conditions.
- This Complaints Procedure does not apply to cases where the rights arising from liability for defects are exercised by a buyer who has concluded a purchase contract with the Seller in the course of his business (hereinafter referred to as the "Entrepreneur"). The rights of the Entrepreneur from defective performance are governed by the relevant provisions of the Civil Code, in particular the provisions of Sections 2099 to 2112 of the Civil Code.
- Interpretation of terms
- Buyer who is a consumer means any person (natural person) who, outside the scope of his business or outside the independent exercise of his permit, concludes a contract with an entrepreneur or otherwise deals with him (hereinafter referred to as the "Consumer").
- A buyer who is not a consumer means a legal entity that does not act in relation to the Seller in the course of its business activities.
- Entrepreneur means a natural or legal person who concludes a contract with the Seller for the purpose of his business.
- For the purposes of this Complaints Procedure, the buyer means the Consumer within the meaning of art. 2.1 of the Complaints Procedure and another natural or legal person within the meaning of Art. 2.2 of the Complaints Procedure (hereinafter referred to as the "Buyer").
- Seller means an online store www.lostgen.eu, the operator of which is a natural person doing business – self-employed, non-VAT payer: Patrik John, IČO: 18036741, with its registered office at Sobotín 239, postal code 788 16.
- Seller's liability for defects in goods (statutory guarantee)
- The Seller is liable to the Buyer that the item has no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the item,
- the item has the properties that the parties have agreed upon, and in the absence of an agreement, such properties that the Seller or the manufacturer has described or that the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
- the item is suitable for the purpose that the Seller states for its use or for which the item of this type is usually used,
- the quality or design of the thing corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
- the thing is in the appropriate quantity, measure or weight, and
- the matter complies with the requirements of legal regulations.
- Rights of the Buyer from a defect in the goods
- If the item does not have the above properties, the Buyer may also request the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the Buyer may only request the replacement of the part; If this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
- The Buyer has the right to the delivery of a new item or replacement of a part even in the case of a removable defect, if the item cannot be properly used due to the repeated occurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer also has the right to withdraw from the contract.
- If the Buyer does not withdraw from the contract or does not exercise the right to the delivery of a new item free of defects, the replacement of its part or the repair of the item, he may request a reasonable discount. The Buyer 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 the Seller fails to remedy it within a reasonable time or if the remedy would cause significant difficulties to the Buyer.
- If a defect occurs within six months of receipt, the item is deemed to have been defective at the time of receipt.
- The right of defective performance does not belong to the Buyer if the Buyer knew before taking over the item that the item had a defect or if the Buyer caused the defect himself.
- Time limit and method of exercising the right from defective performance
- The buyer is entitled to exercise the right to a defect that occurs in the goods within 24 months of receipt; this does not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear by which the goods
should be taken over by the Buyer, or if it results from the nature of the goods. After the expiry of the deadline according to the previous sentence, the right to a defect of the goods cannot be exercised with the Seller.
- Before making a claim, the Buyer shall notify the Seller of the intention to claim the purchased goods in writing by sending an e-mail to info@lostgen.eu
- The Buyer shall send the properly packed claimed goods to the Seller's address Patrik John, Sobotín 239, 788 16. The Buyer is obliged to attach a proof of payment (tax document) and a written communication of the reason for the claim, including the chosen method of settling the claim. The Buyer is not entitled to change the chosen method of settling the complaint without the prior consent of the Seller.
- The claimed goods sent by the Buyer cash on delivery will not be taken over by the Seller and will be returned to the Buyer at his expense.
- Complaint handling
- The Seller is obliged to settle the complaint, including the removal of the defect, without undue delay, but no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period. The deadline according to the previous sentence does not run if the Seller has not received all the documents necessary for settling the claim (parts of the goods, proof of payment, etc.). The Seller is obliged to request additional documents from the Buyer as soon as possible.
- The Seller is obliged to provide the Consumer with a written confirmation of when the Consumer exercised the right, what is the content of the complaint, and what method of settlement of the complaint the Consumer requires; and a confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. To a buyer who is not a consumer, the Seller shall confirm in writing when the complaint was made, as well as the repair and its duration.
- In the event that the complaint is recognized by the Seller as justified and the Buyer requires a refund of the purchase price as a method of settling the complaint, the Seller shall send the paid purchase price back to the Buyer no later than five (5) business days from the date on which the Buyer was sent a confirmation of the method of settling the complaint. The Seller shall send the funds back to the Buyer in the same way in which they were received, unless the Buyer specifies otherwise.
- If the complaint is not within the period according to Art. 6.1 of the Complaints Procedure settled, the Buyer is entitled to a refund