Complaints Procedure
General Provisions
This complaints procedure applies exclusively to goods purchased through the online store located at www.chuofficial.cz.
The complaints procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “NOZ”) and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as “the Law”), and applies to consumer goods (hereinafter referred to as “Goods”) for which the buyer’s rights from the seller’s liability for defects (hereinafter referred to as “complaint”) are asserted during the warranty period.
Rights from Defective Performance and Warranty
Before the first use, the buyer is obliged to study the “Clothing Care Instructions” and subsequently follow this information diligently; otherwise, they risk damaging the item through improper use and may not be able to assert any resulting defects within their rights from the seller’s liability for defects. The period for asserting rights from the seller’s liability for defects begins upon receipt of the item by the buyer.
In accordance with § 2104, the buyer is obliged to inspect the Goods as soon as possible after receipt and to verify its properties and quantity.
Time Limit for Asserting Rights from Defective Performance
For the sale of consumer Goods, the time limit for asserting rights from defective performance is set at 24 months from the receipt of the Goods. The seller’s liability for defects does not apply to normal wear and tear of the item (or its parts) caused by use.
Complaints must be asserted without undue delay, immediately after the defect has appeared. Any delay while continuing to use the Goods may cause a deepening of the defect and devaluation of the Goods, or may make it impossible to objectively assess the actual causes of the current condition of the Goods and may be a reason for rejecting the complaint.
The seller is entitled to refuse to accept for complaint Goods that are soiled and do not comply with hygiene regulations and general hygiene principles.
When asserting rights from liability for defective performance, the consumer has the following rights:
• Right to Free Repair of Goods
• Right to Delivery of New Goods or Replacement of Components: This right can be asserted if the delivery of new Goods or its components is a reasonable solution to the complaint, considering the nature of the defect. Reasonableness is assessed, for example, by whether the defect cannot be removed by repair, or whether such a repair seems to be an economically unreasonable solution in terms of time or money. The consumer also has the right to delivery of new Goods or replacement of components if the defect is removable, but the Goods cannot be properly used due to the repeated occurrence of the defect (after repair—i.e., if the same defect with the same manifestations occurs a total of 3 times and such defect has been repaired at least twice) or due to a greater number of defects.
• Right to Withdraw from the Contract: This can be used when the item cannot be repaired and it is not possible to deliver new Goods or replace its components (provided the conditions for this right are met). This right can also be used if the Goods have a greater number of defects or cannot be properly used due to repeated occurrence of a defect after repair.
• If the buyer does not withdraw from the contract or assert the right to delivery of new Goods without defects, replacement of its components, or repair of the item, they may request a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot provide new Goods without defects, replace its components, or repair the item, as well as in cases where the seller does not remedy the situation within a reasonable time or if remedying the situation would cause significant difficulties for the consumer.
Complaints (Rights from Defective Performance)
The complaint will be resolved without undue delay, no later than 30 calendar days from the date of asserting the complaint, unless the seller agrees otherwise in writing with the buyer. If the seller does not resolve the complaint within this period, the buyer may withdraw from the contract or request a reasonable discount.
Upon receipt of the complained Goods, the buyer will receive written confirmation of the acceptance of the Goods for complaint via email from which the buyer informed about the defect in the Goods. After resolving a valid complaint, the warranty period is extended by the duration of the complaint.
If the complaint of the Goods is resolved by exchanging the Goods for new ones within the statutory warranty period, the buyer’s warranty period is extended only for the duration that the item was under complaint. The buyer acknowledges that if the complaint is resolved by exchanging the Goods for new ones, the original Goods are not returned.
The buyer retains the original proof of purchase with the original purchase date. The buyer will be informed about the resolution via email, phone, or SMS, using the contact provided during the complaint assertion. The seller will issue the buyer a confirmation of the date and method of resolution of the complaint, possibly along with a written justification for the rejection of the complaint.
The buyer is entitled to reimbursement of necessary costs incurred in connection with the assertion of rights from liability for defects.
Place of Assertion of Complaints
The buyer asserts the complaint by sending the Goods to the seller’s address: Střední 65/2, 162 00 Prague 6. The buyer proves the purchase of the complained Goods with the issued invoice or a manually issued purchase document. This document also serves as a warranty certificate.