COMPLAINTS PROCEDURE CODE FOR THE INTERNET STORE 4NSIDE operated by B E M A T E C H, s.r.o.
I. Basic Provisions
1. This Complaints Procedure Code applies to goods purchased by consumers from B E M A T E C H, s.r.o. (4INSIDE), with a registered office at Košíkov 76, 595 01 Velká Bíteš, the Czech Republic, Company ID 49825445, registered in the Commercial Register at the Regional Court in Brno, Section C, file 19075 (hereafter “Seller
”) via the internet store located at the internet address www.4inside.eu/en-us, and it forms an integral part of the General Terms and Conditions.
2. This Complaints Procedure Code is published on the Seller’s website.
3. The Buyer is obliged to become acquainted with the Complaints Procedure Code and by submitting and order they confirm that they expressly agree therewith.
4. The Seller issues a receipt (invoice) to each unit of purchased goods, which serves as a warranty certificate, with all necessary information stipulated by the law for asserting warranty claims.
5. Upon request of the Buyer, the Seller will be obliged to provide to the Buyer a written confirmation of the extent and duration of the Seller’s obligation in case of defective performance (hereafter “Warranty Certificate
”). In the confirmation they will state their name, registered office and identification data, and it will be issued to the Buyer’s name.
II. Rights arising from defective performance
1. The Seller will be liable to the Buyer that the goods are free of any defects at the moment of handover. An item is defective when it does not have the properties according to Section 2095 and 2096 of the Civil Code.
2. The Seller’s liability for defects is triggered by a defect that the goods have at the moment of handover, even though the defect shows at a later time. The Buyer does not have the rights arising from defective performance in case it is a defect that they should have identified with a reasonable standard of care and attention already at the moment the agreement was concluded. This does not apply if the Seller expressly assured them that the item is without defect, or if they conceal the defect deceitfully.
3. If the defect shows within six months after handover, the item is deemed to have already been defective at the moment of handover.
4. The Buyer is entitled to assert the right arising from a defect that occurs with consumer goods in the period of twenty four months after takeover, this does not apply to goods sold at a lower price for the defect, for which the lower price was agreed, to wear and tear caused by regular use, in cased of used items to defects corresponding to the extent of use or wear and tear the item had at the moment of takeover by the Buyer, or if it is implied by the nature of the item. The complaint must be filed without undue delay after the buyer could have identified it by timely inspection when exercising due care. In case of a latent defect, the complaint must be made without undue delay after the Buyer could identify it while exercising due care, however, no later than before the end of the warranty period. The complaint can be submitted to the Seller in any manner, e.g. by electronic mail at the address email@example.com
or over the phone at +420 567 774 477.
5. The rights arising from defective performance do not pertain to the Buyer in case the buyer knew at the moment of takeover that the item is defective or in case the Buyer themselves caused the defect.
6. In case the defective performance constitutes material breach of the Agreement, the Buyer is entitled to:
a) rectification of the defect by delivery of a new item free of defects or by delivery of the missing part, unless it is unreasonable with regard to the nature of the defect, but in case the defect only applies to a component of the item, the Buyer may only request replacement of this component; if that is impossible, they may withdraw from the Agreement. However, if it is disproportional to the nature of the defect, the Buyer will be entitled to free-of charge rectification of the defect.
b) rectification of the defect by repair of the item,
c) adequate discount from the purchase price,
d) withdraw from the Agreement.
In case the defect constitutes only insignificant breach of the Agreement, the Buyer will be entitled to rectification of the defect or adequate discount from the purchase price. Before the Buyer asserts the right to a discount from the purchase price or withdraws from the Agreement, the Seller may deliver what is missing or rectify a legal flaw. The Seller may rectify other defects at their own discretion by repairing the item or by delivery of a new item, provided that the Buyer does not incur unreasonable costs as a result.
7. The Buyer is entitled to delivery of a new item or replacement of a component also in case of a reparable defect, if they cannot use the item properly due to repeated occurrence of the defect after repair (after at least two repairs of the same defect) or for a larger number of defects (at least three different defects simultaneously). In such case the Buyer is also entitled to withdraw from the Agreement.
8. The Buyer will notify the Seller about the right they have selected along with the notification of the defect, or without undue delay thereafter. In case the Buyer does not select the right in time, they will have the same rights as in case of non-material breach of the Agreement. The Buyer may not change their selection without the consent of the Seller; this does not apply in case they requested repair of a defect that proves to be irreparable.
9. In case the Seller fails to rectify the defects within the time limit or notifies the Buyer they will be unable to do so, the Buyer may request an adequate discount from the purchase price or withdraw from the Agreement. The Buyer may not change their selection without the consent of the Seller.
10. In case the Buyer has the above referred rights arising from defective performance, they are also entitled to compensation of purposefully expended costs incurred in relation to exercising this right. If the Buyer does not exercise this right within one month after the defect was complained, the court will not grant them this right, if the Seller objects that the right was not exercised in time.
11. The Buyer’s rights arising from defective performance according to the Civil Code are not limited in any way by the Agreement, the General Terms and Conditions or this Complaints Procedure Code. If the Buyer exercises their right arising from defective performance, the Seller will confirm to them in writing the date on which the right was exercised, as well as execution of the repair and its duration.
III. Execution of Complaints
1. The Buyer will be obliged to allow the Seller to assess the justification of the complaint and to execute it. For this purpose the Buyer will generally deliver the goods to the Seller. If that is not possible or purposeful, the Buyer will allow the Seller to inspect the item and to perform other associated actions in the location of the item.
2. The Seller will issue to the Buyer a written confirmation of exercising their defective performance right, the content of which is the date of exercising the defective performance right, subject of complaint and requested manner of execution of the complaint.
3. The Seller will decide on the complaint immediately, in complex cases within 3 (three) business days. This period does not include the time necessary for expert assessment of the defect proportionate to the type of product being assessed. The complaint, including rectification of the defect, will be executed without undue delay, however, no later than 30 (thirty) days after the day the complaint was submitted, unless the Buyer and the Seller agree on a longer period.
4. Procedures associated with complaints of goods will be governed by the applicable provisions of the Civil Code, unless the Agreement, the General Terms and Conditions or this Complaints Procedure Code stipulate otherwise.
IV. Out of Court Dispute Settlement
1. In case a dispute arises from a Purchase Agreement between the Seller and the Buyer – consumer, which the Parties are unable to settle by mutual agreement, the consumer may file a petition for out of court settlement of such dispute to the designated authority for out of court settlement of consumer disputes, which is the Czech Trade Inspection, the Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2 (email: firstname.lastname@example.org
, web: adr.coi.cz). The consumer may also take advantage of the platform for online dispute resolution established by the European Commission at the address http://ec.europa.eu/consumers/odr/
. Additional information on out of court dispute settlement is available in the General Terms and Conditions of the Seller.
VI. Final Provisions
1. This Complaints Procedure Code comes to effect as of 16. 3. 2021
In Košíkov on 16. 3. 2021