with registered office at Bilanska 1647 / 34a, 767 01 Kromeriz, Czech Republic
identification number: 00543551
registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 1911
Article 1
Introductory provisions
The rights of the Buyer from defective performance (hereinafter referred to as the "Claim/Complaint") must always be exercised in accordance with this Complaint Procedure. Those issues that are not governed by these Complaints Rules are governed by the laws of the Czech Republic. The Seller shall inform the Buyer of this Complaint Procedure in an appropriate manner and shall transmit it to the Buyer in a written form at the Buyer's request. This Complaints Procedure is in accordance with Act No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll. on Consumer Protection which is replaced by Act No. 374/2022 Coll., as amended.
Article 2
To make a claim
The Buyer has the right to file a complaint with the Seller at his business address. The decisive moment for making a complaint is the moment when the Buyer notifies the Seller of his intention to make a complaint via the Complaint Form available on the Seller's website.
The Seller ensures the presence of the employee responsible for receiving complaints during the opening hours.
The Buyer is obliged to prove that he / she is entitled to file a claim, in particular to provide the date of purchase by submitting a sales document, or in another credible way. The Buyer is not entitled to make a claim for a defect which has already been handled in the past and if a reasonable discount on the purchase price has been provided.
The Seller is not responsible for defects in the following cases:
• if the defect is existing at the time of goods receipt and a discount on the purchase price is agreed for such a defect
• is caused by the Buyer and is caused by misuse, storage, intervention by the Buyer or mechanical damage
The Buyer has the right to complain only about the goods purchased in VAPE spol. s r.o., with its registered office at Bilanska 1647/34a, 767 01 Kromeriz, Czech Republic. Goods purchased from another seller must be claimed from that seller.
Article 3
Deadline for excersising rights
The Buyer may apply its rights of defective performance within 24 months of receipt of the goods.
The Buyer shall apply its rights of defective performance without undue delay after having found that the goods are defective. The Seller is not responsible for increasing the extent of the damage if the Buyer uses the goods even though he knows about the defect. If the Buyer claims a defect to the Seller, the deadline for exercising the defective performance rights is not running for as long as the goods are in repair and the Buyer cannot use them.
Article 4
Settlement of claim
The Seller is obliged to provide the Buyer with a written confirmation stating the date and place of the complaint, the characteristics of the defect, the way of handling the complaint requested by the Buyer and the manner in which the Buyer will be informed of its settlement. Complaints, including removal of defects, must be settled without undue delay, no later than 30 days from the date of claim, unless the Seller and the Buyer agree on a longer period. A expiry of the time limit is considered as a breach of the contract. The Seller is obliged to confirm in writing the method of claim settlement and its duration.
The Buyer is obliged to take over the claimed goods within 30 days from the day when the claim was to be settled, after that the Seller is entitled to charge reasonable storage cost or sell the goods on his own account to the Buyer. The Seller must notify the Buyer in advance of this procedure and provide him / her with a reasonable additional time limit to take over the goods.
Article 5
Quality at the time of takeover
The Seller declares that the goods are handed over to the Buyer in accordance with Section 2161 of the Civil Code, ie::
If the goods do not have the characteristics specified above at the time of goods takeover, the Buyer has the right to receive new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect. However, if the defect is associated only with one component of an item, the Buyer has the right to request the replacement of only this component. If this is not possible, the Buyer hast he right to withdraw from the Purchase Agreement and demand a full refund of the purchase price. However, if this is not reasonable particulary to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to removal of the defects free of charge.
If the Buyer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new goods without defects, replacement of a component or repair, the Buyer may request a reasonable discount. The Buyer also has the right to a reasonable discount in the even that the Seller is unable to deliver new goods without defect, to replace a component or to repair the item, as well as if the Seller does not correct the defect within a reasonable period of time or if the Buyer would experience significant difficulties as a result of the arrangements for the repair.
If a defect occurs within 12 months after the item is accepted, it is understood that the item was already defective upon receipt.
Article 6
Liability of the Seller for a defect that is significant and insignificant breach of the contract
Liability of the Seller for defects that are significant or insignificant breach of the contract shall apply to defects of goods incurred within 24 months from goods receipt, namely for defects where the responsibility for acceptance quality stated in Article 5 does not appy. The defect is considered as a significant breach of contract if the Buyer does not conclude the contract in the event that he / she foresees the defect at the time of the contract conclusion. In other cases it is a defect that is not a significant breach of the contract.
If the defect is a significatn breach of contract, the Buyer has the right to receive a new item, to repair the defect, to get the reasonable discount or to withdraw from the Purchase Agreement (with the right to a full refund of the purchase price). If the defect is an insignificant breach of the contract, the Buyer has the right to the defect removal or to a reasonable discount.
The Buyer has the right to receive a new, defect-free item, replacement of a single component, discount on price or withdrawal from the Purchase Agreeement, regardless of the nature of the defect, if he / she cannot properly use the item to the repeated occurrence of a defect after it has been previously repaired or if there are multiple defects.
Article 7
Goods replacement / return
The replacement of goods means the replacement of the original type with another type.
The terms of goods replacement /return:
The replacement deadline is 30 days from the delivery of the goods to the Buyer. The Buyer must deliver the original goods back to the seller within these 30 days.
The return deadline is a maximum of 3 months from the date of sale.
The Buyer is obliged to pay the shipping costs when the goods are replaced / returned.
If the Buyer makes any adjustments that change e.g. the dimensions, design, wiring or functionality of the purchased item, the Seller is not responsible for these items. The warranty can not be given for such modified products.
Article 8
Complaint costs and dealing with disputes
If the claim is considered justified, the Buyer has the right to reimbursement of reasonably incurred costs connected with the exercise of his right.
In the event that the Seller rejects the claim as ujusstified, the Buyer (or in agreement with the Seller) or both parties may contact a expert witness at a court and request an independent expert assessment of the defect.
If there is no agreement between the Buyer and the Seller, the Buyer may contact existing systems of out-of-court settlement of consumer disputes, or the appropriatecourt.
These Complaint Rules enter into force on 6. 1. 2023.
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