Complaints procedure

companies: BUGR Art s.r.o.

with registered office: Dr.Tůmy 1608/6, 370 01 Č.Budějovice

identification number: 116 65 009

 

registered in the Commercial Register kept by the Regional Court in Č.Budějovice, Section C, Insert 31231

for the sale of goods through an online store located at: www.bugr.art

I. INTRODUCTORY PROVISIONS

The Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "NCC") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Act") and applies to consumer goods (hereinafter referred to as the "Goods") for which the buyer's rights from liability for defects are exercised during the warranty period (hereinafter referred to as the "complaint").

  1. The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the purchase contract, the Buyer agrees with the General Terms and Conditions and this Complaints Procedure and confirms that he is properly acquainted with them.
  2. The customer of the bugr.art online store is either the Buyer-Consumer  within the meaning of Section 2(1)(a) of Act No. 634/1992 Coll. on Consumer Protection (hereinafter referred to as the "Buyer-Consumer") or the Buyer-Entrepreneur who, when concluding and performing the contract, acts in the course of his business (hereinafter referred to as the "Buyer-Entrepreneur"). The Buyer-Consumer and the Buyer-Entrepreneur are hereinafter jointly referred to as the "Buyer".
  3. When concluding and performing the purchase contract, the seller acts in the course of his business. The Seller is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or services.

 

II. LIABILITY OF THE SELLER

  1. The Seller is liable to the Buyer that the Goods have no defects upon receipt. In particular, the Seller is responsible that at the time the Buyer took over the Goods:
    • the thing has properties that the parties have agreed, and in the absence of an arrangement, such properties that the Seller or manufacturer has described or which the Buyer expected with regard to the nature of the goods and on the basis of advertising carried out by them,
    • the item is suitable for the purpose stated by the Seller for its use or for which the thing of this kind is usually used,
    • the item corresponds in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or model,
    • the item is in the appropriate quantity, measure or weight, and,
    • the item complies with the requirements of legal regulations.
  2. The Goods are accompanied by a tax document and some products by a warranty card. If the Goods are not accompanied by a warranty card, a tax document is used to make a claim.

 

III. RIGHTS FROM LIABILITY FOR DEFECTS OF GOODS

  1. Apparent damage to the Goods or their packaging during delivery must be immediately addressed with the carrier and the discrepancies must be recorded in the handover protocol (shipping note). The Buyer is not obliged to take over such Goods from the carrier and shall inform the Seller of the damage without undue delay. On the day of receipt, the Buyer shall properly check the integrity of the Goods and the completeness of their accessories.
  2. In the case of personal collection by the Buyer, the moment of receipt of the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer fails to inspect the Goods upon receipt, he may assert claims for defects detectable during this inspection only if he proves that these defects (e.g. missing accessories) were already in existence of the Goods at the time of the transfer of the risk of damage to the Goods. Later complaints about incompleteness of the Goods or external damage to the Goods do not deprive the Buyer of the right to claim the item. However, the seller has the opportunity to prove that there is no conflict with the purchase contract.
  3. The Buyer-consumer may file a complaint of the Goods in person at the Seller's premises (Miletínská 886/19a, 373 72 Lišov) or send the claimed goods by transport service to the address BUGR Art s.r.o. Miletínská 886/19a,373 72 Lišov

  4. In the event that the Buyer will send the Goods to the Seller or to a service center by a transport service, the Buyer should, in its own interest, pack the claimed Goods in a suitable and sufficiently protective packaging material meeting the demands of transport so that it is not damaged during transport. The shipment should contain the claimed Goods (including complete accessories), we recommend enclosing a copy of the sales receipt, a detailed description of the claimed defect and the correct contact details of the Buyer.
  5. The Buyer is obliged to prove in a demonstrable manner that the Goods were purchased in the online store Bugr.art. The optimal is the original proof of purchase of the Goods or a properly completed warranty card.
  6. The rights arising from liability for defects of the Goods do not apply in particular to cases where the defect or damage occurred:
    • mechanical damage to the Goods
    • demonstrably unauthorized interference with the device, natural disaster, mechanical damage or if the seals have been removed or damaged if the Goods are provided with seals,
    • electrical overvoltage (visibly burnt components or printed circuits), except for normal deviations,
    • demonstrably improper use,
    • use contrary to the instructions for use or instructions on the packaging or in the warranty card,
    • use contrary to generally known rules of use,
    • demonstrably used in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical effects of the environment that is directly intended by the manufacturer or that clearly results from the nature of the thing,
    • demonstrably unprofessional installation and operation,
    • if the submitted warranty card shows obvious signs of changes in data or if the Goods have a different serial number from the one stated in the warranty certificate.
  7. The Seller's liability for defects does not apply to wear and tear caused by normal use, in the case of Goods sold at a lower price for a defect for which a lower price has been agreed, in the case of used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Buyer.
  8. A defect caused by improper installation or other unprofessional commissioning is considered a defect if such installation or commissioning was agreed in the purchase contract and carried out by the Seller or another person under the Seller's responsibility.
  9. If the contents of the package or the subject of purchase are consumables, its usual lifetime for normal use is 6 months, unless expressly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected. However, the Buyer must take into account the fact that the warranty does not cover wear and tear of the Goods or their parts caused by normal use and should not be confused with the service life.
  10. Gifts that the Seller provides to the Buyer free of charge under a purchase contract for other paid Goods cannot be guaranteed or liability for defects beyond the law. In the event of withdrawal from the purchase contract, the Buyer is obliged to return the Goods provided as a gift to the Seller in their original condition.
  11. At the Buyer's request, the Seller is obliged to provide the Buyer with a written confirmation of the obligations arising from defective performance to the extent stipulated by law (warranty certificate). The warranty card must contain the name or business name, ID and registered office of the Seller. If the nature of the matter allows, it is sufficient to issue to the Buyer a proof of purchase of the Goods containing information such as a warranty card instead of a warranty card. If a longer than statutory warranty period is provided, the Seller shall specify the conditions and scope of the warranty extension in the warranty certificate.

 

IV. WARRANTY PERIOD

  1. The Buyer-Consumer is entitled to exercise the right to a defect that occurs in consumer Goods within twenty-four months of receipt of the Goods. If a defect in the Goods occurs within six months of receipt by the Buyer-consumer, the Goods are deemed to have been defective at the time of receipt, unless proven otherwise. In the case of purchase of already used Goods, the period for exercising rights from defective performance is 24 months. For the Buyer-entrepreneur, the warranty period is twelve months.
  2. The warranty period begins upon receipt of the Goods by the Buyer. The warranty period is extended by the time during which the Goods were repaired. In the case of replacement of the Goods as part of a warranty repair, the original warranty period continues.
  3. If the purchased Goods are to be put into operation by an entrepreneur other than the Seller, the warranty period shall begin to run only from the date of putting the Goods into operation, if the Buyer ordered commissioning no later than three weeks after receipt of the item and duly and timely provided the necessary cooperation to perform the service. The date of putting the Goods into operation is indicated in the document on putting the Goods into operation received by the Buyer. The beginning of the warranty period is thus postponed only if all the conditions mentioned above are met. If any of them is not met, the warranty period begins to run from the date of receipt of the item.

 

V. RIGHTS FROM DEFECTS OF GOODS

  1. If the item does not have the properties specified in the article Seller's liability, the Buyer-consumer may also require the delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer-Consumer may only request the replacement of this 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, it is an insignificant breach of the contract and in such a case the Buyer-consumer always has the right exclusively to free removal of the defect by repairing the item.
  2. The Buyer-consumer has the right to the delivery of new Goods 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-Consumer has the right to withdraw from the contract. A repeated occurrence of a defect after repair is considered to be the same defect that has already been removed at least twice during the warranty period and that will occur again. If the Goods were repaired at least three times for various removable defects in the period prior to the claim, it is considered that they suffer from a greater number of defects.
  3. If the Buyer-consumer does not withdraw from the contract or does not exercise the right to the delivery of new Goods free of defects, the replacement of its part or repair, he may request a reasonable discount. The Buyer-Consumer has the right to a reasonable discount even if the Seller cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Seller fails to remedy within a reasonable time or if the remedy would cause significant inconvenience to the Buyer - consumer.
  4. The right of defective performance does not belong to the Buyer if the Seller has notified the Buyer before taking over the Goods that the Goods have a defect or if the Buyer himself caused the defect.
  5. The buyer-consumer is entitled to withdraw from the contract in all cases specified in the NCC and the Act. The withdrawal is effective against the Seller at the moment when the Buyer-Consumer's declaration of withdrawal from the contract is handed over or delivered to him, if all legal conditions under Section 2001 et seq. of the NCC are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the contracting parties are obliged to return everything they have provided on its basis.
  6. In the event of withdrawal from the contract, the Buyer is obliged to return the complete Goods including all accessories to the Seller.
  7. If the defect of the goods that were sold as used or were sold at a discount taking into account their lower quality at the time of sale, the Buyer-consumer has the right to a reasonable discount instead of the right to exchange the Goods.

 

VI. SETTLEMENT OF THE COMPLAINT

  1. The Buyer-Consumer must be struck with the complaint, including the removal of the defect, without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer-Consumer agree on a longer period. The period for settling the complaint begins to run the day after the claim is filed in accordance with Section 605 of the NCC. After the expiry of this period, the Buyer-consumer is granted the same rights as if it were a material breach of contract. The 30-day period is not binding on the Buyer-entrepreneur.
  2. The buyer-consumer may be interested in the result of the complaint at the address of the establishment where the complaint was made, or on its customer telephone line.
  3. The Buyer is obliged to provide the Seller, or an authorized service, with all cooperation to verify the existence of the claimed defect and to remove it (including testing or disassembling the product). When making a claim, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general hygiene principles, including all parts and accessories.
  4. The Buyer is obliged to hand over the Goods to the complaint procedure complete. We also recommend attaching a copy of the sales document, a detailed description of the defect and complete contact details (address, telephone, e-mail). In the event that the Buyer does not deliver the Goods completely and its completeness is necessary to establish the existence of the claimed defect and/or to remove it, the period for settling the complaint begins only with the delivery of the missing parts.
  5. When taking over the Goods for complaint proceedings, the Seller is not responsible for the Buyer's data and information stored on hard drives, memories or other information carriers that are part of the Goods taken over for complaints, nor for any loss of such data and information.
  6. When making a claim, the Buyer receives a written confirmation - a complaint protocol, which serves as a document for settling the claim. When writing a complaint protocol, the buyer is obliged to provide all the required data, the completeness and correctness of which is confirmed by signing the complaint protocol. The complaint protocol contains information on when the complaint was made, what its content is, what method of settling the complaint is required by the Buyer-consumer. If the Buyer-consumer has sent the product to the complaint procedure by a shipping service, he will receive the complaint protocol by e-mail.
  7. The buyer-consumer has the right to reimbursement of reasonably incurred costs for filing a claim, while these costs are understood as the lowest possible. This includes, in particular, postage for sending the claimed Goods. The buyer-consumer must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights from defective performance.

 

VII. REFUSAL TO ACCEPT THE COMPLAINT

  1. The Seller is entitled to refuse to accept the Goods into the complaint if the Goods are contaminated or their components are contaminated.
  2. The Seller is also entitled to reject a complaint of the Goods if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles.

 

VIII. COLLECTION OF GOODS FROM A WARRANTY REPAIR SHOP

  1. After settling the complaint, the Seller shall inform the Buyer either by SMS, e-mail or telephone. If the Goods were sent by a shipping service, they will be sent to the Buyer's address after processing.
  2. The Seller shall issue, or send, to the Buyer a written confirmation stating the date and method of settling the complaint, confirmation of repair and duration of the complaint, or the justification for rejecting the complaint.
  3. In the event of failure to collect the claimed Goods from the warranty repair within 2 months of the expiry of the time when the warranty repair was settled, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each commenced day of delay in picking up the Goods.
  4. When handing over the Goods after the complaint has been settled, the Buyer is obliged to submit the document received upon receipt of the Goods in the complaint, or must prove his identity.

 

This Complaints Procedure comes into force and effect on 15.7.2021. Changes to the Complaints Procedure reserved.