CUSTOMER COMPLAINTS PROCEDURE IS NECESSARY FOR ORDERLY RELATIONS
We are not afraid to face up to complaints and sales returns. Shopping in our e-shop is governed by our business terms and conditions, and likewise, complaints and sales returns are solved according to the clearly established rules of the customer complaints procedure.
Before you return the product to us, please take a few minutes to read the following text. It will save you from possible disappointment, which could arise from mutual misunderstanding.
THE FULL CUSTOMER COMPLAINTS PROCEDURE
This Customer Complaints Procedure is an integral part of the Business Terms and Conditions of the company Piccollo, spol. s.r.o, ID No.: 45310556, Na Podkovce 10, 147 00 Prague 4, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, insert 8789 (hereinafter referred to as the "Seller" and "GTC") and it applies to the sale of goods in the Seller’s e-shop.
Before sending an order for goods in the e-shop, the Buyer is obligated to make himself/herself familiar with this Customer Complaints Procedure. After carefully reading the provisions of the Customer Complaints Procedure, the Buyer shall click on www.loap.cz on the web page of the e-shop, thereby expressing his/her full consent with the wording of the Customer Complaints Procedure and declaring that he/she is fully acquainted with it.
The Buyer is obliged to visually check the purchased goods and its accessories upon delivery. If the goods is delivered by a forwarder, the Buyer is above all obligated to check the number of packages delivered, the integrity of their packaging, to check for damage and to report any deviations immediately in the transport document or in the handover protocol.
If the Customer collects the goods in person on the premises of the Seller, the transfer of the risk of damage to the goods is passed from the Seller to the Buyer at this exact moment.
If the Buyer does not inspect the goods or does not arrange for inspection during the period of transfer of the risk of damage to the goods, the Buyer can claim compensation for defects observable during this inspection only, if he/she proves that this goods already had defects at the time of the transfer of risk (especially mechanical damage, missing accessories).
An invoice (tax document) or a Warranty Statement for some types of goods is enclosed to each goods. If no Warranty Statement is enclosed to the given goods, in order to claim his/her warranty rights, the Customer should submit the tax document, which includes the legal requirements such as product name, warranty period, price, quantity, serial number.
The Seller shall make the Buyer familiar with the operating instructions during the sale. Before the first use, the Buyer is obliged to study the operating conditions in detail, including the Czech operation manual (if it was enclosed to the goods in relation to the nature of the goods), especially with regard to the use of peripherals approved by the manufacturer and electrical connections according to standards.
The Seller hands the goods over to the Buyer in the quality according to the provision § 2161 of the New Civil Code, namely:
- The goods has the properties that the Buyer have agreed on with the Seller, and if there is no agreement, the goods shall have such characteristics, which the Seller or Manufacturer described, or which the Buyer expected with regard to the nature of the goods and based on the existing advertising.
- The goods is suitable for the purpose, which was stated by the Seller during the sale or which the goods of this type is usually used for
- The goods is a thing with the corresponding quantity, size or weight
- The goods complies with legal requirements
In case the goods does not meet these requirements during the takeover by the Buyer, the Buyer has the right to receive new goods free from defects, unless it is unreasonable due to the nature of the matter. If the defect affects only a part of the goods, the Buyer may request a replacement part; if this is not possible, the Buyer may terminate the contract and demand the return of the full purchase price. However, if this is not reasonable due to the nature of the defect, especially if the defect can be easily removed without undue delay, the Buyer only has the right to a removal of the given defect free of charge.
If the Buyer does not withdraw from the contract or does not exercise the rights to receive new goods free from defects or to have a part of the goods replaced or repaired, the Buyer may request a reasonable discount from the purchase price. The Buyer has the right to an adequate discount, even if the Seller cannot deliver new goods free from defects, replace the part or repair the goods, as well as in the event that the Seller fails to remedy the problem within a reasonable period of time, or if arranging for a remedy of the problem would cause significant inconvenience to the consumer.
If a defect is manifested within six (6) months from the acceptance of the goods, it is deemed that the goods was already defective upon delivery.
Unless explicitly stated otherwise for the given goods, the Buyer is entitled to exercise rights from defective performance within 24 months from the date of acceptance of the goods by the consumer. If the goods is in a service shop under a valid warranty, then the period, during which the goods was being repaired under warranty, is not included in the warranty period (the Seller shall extend the warranty period for the Buyer accordingly).
The Seller is not liable for defects, if:
- the defect existed on the goods at the time of the takeover and a discount from the purchase price for such defect was agreed on
- it is second hand goods and the defect corresponds to the extent of wear and tear of the goods upon delivery to the buyer
- the defect of the goods was caused by wear and tear from the normal use, or if it results from the nature of the goods (e.g. if its li[IF2] fe expired)
- the defect was caused by the Buyer and resulted from an improper use, storage, improper maintenance
- the defect was caused by an intervention from the Buyer or mechanical damage
- the defect occurred due to external events beyond the control of the Seller
Goods for repair can be handed over to the Seller, from whom it was purchased, or to an authorized service shop situated in the locality of the Seller or of the Buyer, whichever is closer. The list of service centres is at:
Sales return is a unilateral legal act, when the Buyer reports that the given goods has a defect and indicates, what specific claim from liability for defects he/she wants to exercise and in which manner he/she prefers to receive information about the progress of settling the claim.
The Buyer is obligated to return the goods within the shortest possible period of time since discovery of the defect. The defective goods must be returned in packaging, which prevents damage. The Buyer shall also submit a tax document, a delivery note or warranty statement together with the returned goods, if the goods was delivered with it, or to prove the warranty rights in any other manner.
If the sales return is acknowledged as justified, the Buyer is entitled to reimbursement of reasonable expenses associated with exercising of this right.
If the complaint (sales return) is not recognised, but the Customer insists on a repair, the Seller is entitled to charge all costs associated with testing and non-warranty repair. The price of work will be agreed in advance on the basis of a price proposal from the authorized service partner. The goods will be delivered back to the Buyer after payment of costs under the previous sentence.
The Seller or his representative shall decide on the complaint immediately, or within three (3) working days in complicated cases. This period does not include the time required for expert assessment of the defect, which is proportionate to the type of product or service.
Claims, including removal of defects, must be settled without undue delay, within thirty (30) days from the date of exercising the claim, unless the Seller and the end customer demonstrably agreed on a longer period.
The Seller is obligated to confirm the way of settling the claim and its duration to the Buyer in writing.
The Buyer cannot change an exercised claim without the consent of the Seller. If it subsequently turns out that the defects of the goods are irreparable or that their repair would involve unreasonable costs, the Buyer may require delivery of substitute goods, if the Buyer requests it from the Seller without undue delay, after the Seller notified the Buyer about the situation.
The Seller's liability for defects, which mean a substantial or insubstantial breach of the contract, applies to defects of goods arising within 24 months after the acceptance of the goods, namely for defects, where the liability for the quality upon delivery is not applied.
A defect is considered a serious breach of contract in case the Buyer would have not concluded the contract, had he/she anticipated the defect. In other cases it is a defect that is not a serious breach of contract.
If the defect is a substantial breach of contract, the Buyer has the right to receive new goods, repair or a reasonable discount or to withdraw from the contract (with the right to a refund of the purchase price in full) at his/her discretion. If the defect is an insignificant breach of contract, the Buyer has the right to removal of the defects or to a reasonable discount.
The Buyer has the right to receive new faultless goods, replacement parts, discount on the price or to withdraw from the contract regardless of the nature of the defect, if the goods cannot be properly used because of a recurring defect or a larger number of defects.
After the announcement that the claim was settled (repaired, replaced, the claim was not recognised), the Customer is obligated to take back the goods no later than three months after the goods was handed over for repair or replacement.
If a discrepancy with the purchase contract appears within 6 months after the sale to the end customer (i.e. since the date of accepting the goods), the discrepancy is considered as existing already during the takeover, unless it contradicts the nature of the goods or unless proven otherwise.
If the Seller does not remove the defects within a reasonable additional period, or if the Seller declares that the defects will not be removed before the expiration of this period, the Buyer may withdraw from the contract or request a reasonable discount on the purchase price.
If complaints about defective goods are to be solved by replacing the goods, the Seller is entitled to require the Buyer to return the goods, which is to be replaced, in the same condition, in which it was delivered. Likewise, the provision about returning goods during withdrawal from the contract applies.
The Customer Complaints Procedure was developed in accordance with the wording of the Act. no. 89/2012 Coll., the Civil Code, as amended, and the Act. no. 634 / 1992Sb., on Consumer Protection, as amended. Issues, which are not regulated by the Customer Complaints Procedure, are governed by generally binding legal regulations.
In order to find out about the particular steps to exercise your complaints and sales returns, including the complaint forms and address where to send the product you want to return, refer to the section Sales Returns and Complaints.