This Complaints Procedure for wholesale (hereinafter referred to as "Complaints Procedure") regulates the method and conditions of complaint of defects of goods purchased by an entrepreneur or legal entity through the online store ZAVLOVOVACÍ VAKY.CZ from the company
LEDASCO s.r.o. with registered office at Felklova 2005, 25263 Roztoky
Registered at the Municipal Court in Prague under the mark C 317798
Delivery address: LEDASCO s.r.o., Felklova 2005, 252 63 Roztoky
Contact e-mail: firstname.lastname@example.org
1. Seller's liability for defects
1.1 The Seller is responsible for the goods being free from defects upon receipt. This means that the goods are not defective upon receipt, in particular:
- is in the agreed quantity;
- corresponds to the quality and workmanship agreed between the buyer and the seller, if applicable, according to the agreed sample or model, if applicable, according to the purpose evident from the contract; otherwise for the purpose normally intended;
- a defect in the goods shall also be deemed to exist if the seller delivers to the buyer goods other than those agreed between them;
- the goods are free from legal defects, i.e. the goods are free from third party property rights and the goods are accompanied by the documents and papers necessary for the proper use of the goods.
The Seller does not give any guarantee of quality.
1.2 Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods.
2. Buyer's rights arising from defective performance
2.1 The Buyer's rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.
2.2 If the defect in the goods is a material breach of contract, the buyer is entitled to the following rights under the defective performance:
(a) remedy the defect by supplying a new item without defect or by supplying a missing item;
b) remedy the defect by repairing the item;
(c) a reasonable discount on the purchase price; or
(d) withdrawal from the contract.
2.3 If the defect in the goods is an insignificant breach of contract, the buyer may demand:
(a) remedy the defect; or
b) a reasonable discount on the purchase price.
2.4 The Buyer is obliged to inform the Seller of the chosen method of resolving the claim when notifying the Seller of the defect, otherwise the Seller shall decide on it. The choice made may be changed only after agreement with the Seller.
If the Buyer considers the defect to be a material breach of contract, he is obliged to provide the Seller with proof of this.
The Buyer acknowledges that until he exercises his right to a discount on the purchase price or withdraws from the contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular to deliver the missing documents).
2.5 No replacement of the goods or withdrawal from the contract can be requested if the buyer cannot return the item in the condition in which you received it. This does not apply if:
(a) there has been a change in condition as a result of an inspection to detect a defect in the item;
b) the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
(c) the buyer has sold the thing before the defect was discovered or has altered the thing in the course of its normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate him to the extent that he has benefited from the use of the thing.
3. Impossibility of exercising rights arising from defective performance
3.1 The buyer is not entitled to rights from defective performance if he knew about the defect before taking over the goods or caused the defect himself.
3.2 Liability claims for defects do not apply to:
- wear and tear caused by normal use of the goods;
- defects in used goods corresponding to the level of use or wear and tear that the goods had at the time when the buyer took them over;
- goods sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- if the nature of the goods so requires.
4. Complaint procedure
4.1 The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of the defect. The contact address of the Seller is designated for the receipt of the claimed goods:
CFS Česká Třebová, LEDASCO s.r.o., Průmyslová 2180, 56002 Česká Třebová, Czech Republic
4.2 Mandatory complaint procedure:
- You may submit a claim in any demonstrable way (in particular by sending an email or data message to our data box indicated in our identification data);
- for faster processing, the buyer can inform the seller of the complaint in advance by phone, e-mail or in writing;
- the Buyer is obliged to inform the Seller of the defective performance right chosen, describe the defect and/or describe how it manifests itself;
- the Buyer shall deliver the goods complained of to the Seller (other than by cash on delivery, which is not accepted by the Seller); when sending the goods, the Buyer shall wrap them in suitable packaging to prevent damage or destruction;
- the buyer shall enclose with the goods a proof of purchase or a tax document - invoice, if issued, or other document proving the purchase of the goods.
4.3 The moment of making a claim is the moment when the Seller received the claimed goods.
4.4 In accordance with the Civil Code, the Buyer is entitled to reimbursement of the costs reasonably incurred in claiming the goods. The Buyer acknowledges that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be complained of.
This Complaints Procedure is valid and effective from 1.1.2023.