Ahifi.cz shop complaints procedure

Part of the General Terms and Conditions of the online store www.ahifi.cz


I. General Provisions

This complaint rule is an integral part of the General Terms and Conditions of the Ahifi.cz online store - www.ahifi.cz and regulates, in accordance with the provisions of the Civil Code, the scope, method and basic conditions for complaints about product defects by non-entrepreneurs. This complaint regulation does not expressly apply to the buyer-entrepreneur. If the buyer-non-entrepreneur is also a buyer-consumer, the provisions of Act No. 634/1992 Coll., on consumer protection, as valid and effective, and the provisions of § 1811 et seq. of the Civil Code.

The regulation of the rights and obligations of the buyer - a non-entrepreneur is divided into a general and a special part. The general regulation of the rights and obligations of the buyer-non-entrepreneur listed below shall be used instead of the special regulation listed below, only if the special regulation of the rights and obligations of the buyer-non-entrepreneur does not regulate a certain matter. In the case of a complaint, therefore, in the case of a buyer who is not an entrepreneur, the special regulation below is preferentially applied.

The Complaints Regulations regulate complaints about defects that occur on goods delivered to a non-entrepreneur during the warranty period, due to defective performance (e.g. defects upon receipt and within the 24-month warranty) or as part of a quality warranty (e.g. extended warranty) .

Making a complaint
Complaints can be made at:

Ahifi, sro
CTPark Brno Líšeň
Trnkova 3140/119g (opposite Rohlik.cz)
628 00 Brno-Líšeň

at a worker authorized to receive complaints during the entire opening hours, which is from 08:00 to 17:00 on Monday to Friday, and if possible at the same time as handing over the defective goods to the seller, or sending the goods to the above address. Information about the status of your claim at reklamace@ahifi.cz

It is advisable to attach a legible copy of the proof of purchase - invoice or if the purchase needs to be proved in another way - to the claimed goods, and further describe the defect , or choose the method of settlement of the complaint.

Claim costs
In the event of a justified complaint, the buyer has the right to compensation for the purposefully incurred costs associated with the complaint. If the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.

Damages
The right from defective performance does not exclude the right to compensation for damages; however, what can be achieved by exercising the right from defective performance cannot be claimed for another legal reason.

II. General regulation of the buyer's rights from defective performance and from the quality guarantee

The item has a defect if it is not handed over to the buyer in the agreed quantity, quality and design. If the quality and execution are not agreed upon, the seller performs in the quality and execution suitable for the purpose apparent from the contract, otherwise for the usual purpose. When determining the quality or design according to the contracted sample or model, the quality or design of the thing must correspond to the sample or model. The performance of another thing is also considered a defect. Defects in the documents necessary for the use of the item are also considered a defect.

In case of early performance, the seller can remove the defects by the time specified for handing over the item. He must not cause unreasonable difficulties or expenses by exercising his right. This does not affect the buyer's right to compensation. The same applies to document defects.

The buyer has no rights from defective performance, if it is a defect that he had to have known with the usual care when concluding the contract. This does not apply if the seller has expressly assured him that the item is free of defects, or if the defect has been slyly removed.

The buyer inspects the item as soon as possible after the transfer of risk to the item and makes sure of its properties and quantity.

If defective performance is a substantial breach of contract , the buyer has the right
a) to remove a defect by delivering a new item without a defect or by supplying a missing item ,
b) to remove the defect by repairing the item
c) for a reasonable discount from the purchase price , or
d) withdraw from the contract .

The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract.

If defective performance is an insignificant breach of contract , the buyer has the right
a) to remove the defect , or
b) for a reasonable discount from the purchase price

As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; the choice must not cause unreasonable costs to the buyer. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller.

Until the defect is removed, the buyer does not have to pay a part of the purchase price estimated to be reasonably corresponding to his right to a discount.

Upon delivery of a new item, the buyer returns the originally delivered item to the seller at his expense.

The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. that doesn't apply
a) if there was a change in condition as a result of an inspection for the purpose of detecting a defect in the item,
b) if the buyer used the item before the defect was discovered,
c) if the buyer did not cause the impossibility of returning the item in an unchanged state by action or omission, or
d) if the buyer sold the thing before the discovery of the defect, if he used it, or if he changed the thing during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives the seller compensation up to the amount in which he benefited from the use of the item.

If the buyer does not report the defect in time, he loses the right to withdraw from the contract.

If the buyer did not report the defect without unnecessary delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item. For these effects, the court will only consider the seller's objection that the defect was not notified in time. However, the seller does not have the right to object if the defect is the result of a fact of which the seller knew or should have known at the time of handing over the item.

Quality guarantee
When providing a guarantee for quality, the warranty period starts from the delivery of the item to the buyer; if the item was shipped according to the contract, it runs from the time the item is delivered to the destination. If the purchased item is to be put into operation by someone other than the seller, the warranty period starts from the day the item is put into operation, if the buyer ordered the putting into operation no later than three weeks after taking over the item and duly and timely provided cooperation for the performance of the service.

The buyer-non-entrepreneur has no right from the quality guarantee, if the defect was caused by an external event after the risk of damage to things has passed to the buyer-non-entrepreneur. This does not apply if the seller caused the defect.

III. Special adjustment of quality upon acceptance in the case of a non-entrepreneur buyer

Quality upon receipt
The seller is responsible to the non-entrepreneur buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer-non-entrepreneur that at the time the buyer-non-entrepreneur took over the item,
a) the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer described or that the buyer-non-entrepreneur expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used
c) the item corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model
d) is the thing in the corresponding quantity, measure or weight and
e) the matter complies with the requirements of legal regulations.

If the defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

IV. Special regulation of rights from defective performance in the case of a non-entrepreneur buyer

If the nature of the purchase allows it, the non-entrepreneur buyer has the right to have the item inspected in front of him or to have its functions demonstrated. If the item has a defect that does not prevent the item from being used for its intended purpose, it can only be sold at a lower price than the usual price of a fault-free item. The seller will notify the buyer-non-entrepreneur that the item has a defect and what the defect is, if it is not already obvious from the nature of the sale.

Warranty card
If the buyer-non-entrepreneur requests it, the seller will confirm to him in writing the extent and duration of his obligations in case of defective performance. The seller has obligations from defective performance at least to the extent that the manufacturer's obligations from defective performance last. If necessary, the seller shall explain in the confirmation in a comprehensible manner the content, scope, conditions and duration of his responsibility and the manner in which the rights arising from it can be exercised. In the confirmation, the seller also states that other rights of the non-entrepreneur buyer, which are related to the purchase of the item, are not affected. Failure to fulfill these obligations does not affect the validity of the confirmation. If the nature of the item does not prevent this, this confirmation can be replaced by a proof of purchase of the item containing the specified information.

Exceptions to Defective Performance Rights
The buyer-non-entrepreneur is not entitled to exercise the right due to a defect in the goods:
a) for an item sold at a lower price due to a defect for which a lower price was agreed,
b) for the wear and tear of the thing caused by its usual use,
c) in the case of a used item, a defect corresponding to the degree of use or wear and tear the item had when it was taken over by the buyer-non-entrepreneur, or
d) if it follows from the nature of the matter.

The warranty period can be shortened to half of the statutory period when purchasing used consumer goods.

Claims from defective performance
If the item does not have the characteristics listed in the above section III. of this complaint procedure, the buyer-non-entrepreneur may also demand the delivery of a new item without defects, if this is not unreasonable due to the nature of the defect. However, if the defect concerns only a part of the thing, the non-entrepreneur buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract . However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the buyer-non-entrepreneur has the right to have the defect removed free of charge.

The buyer-non-entrepreneur has the right to the delivery of a new item or the replacement of a part even in the case of a removable defect, if he cannot properly use the item due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case , the non-entrepreneur buyer also has the right to withdraw from the contract .

If the buyer-non-entrepreneur does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount . The non-entrepreneurial buyer has the right to a reasonable discount even if the seller cannot supply him with a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the consumer .

The buyer-non-entrepreneur does not have the right from defective performance if the buyer-non-entrepreneur knew before taking over the item that the item had a defect, or if the buyer-non-entrepreneur caused the defect himself.

If the item has a defect for which the seller is liable, and if it is an item sold at a lower price or a used item, the non-entrepreneur buyer has the right to a reasonable discount instead of the right to exchange the item.

If the buyer-non-entrepreneur asserts a right from defective performance, the other party will confirm to him in writing when he asserted the right, as well as the execution of the repair and its duration.

V. Complaint processing in the case of a buyer-consumer

The seller issues a written confirmation to the buyer-consumer about when the complaint was made, what it contains, what method of settlement is required; further confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. The seller is obliged to issue to the buyer-consumer, at his request, a written confirmation of obligations from defective performance to the extent stipulated by law. If a warranty longer than the statutory one, i.e. a quality warranty, is provided, the seller will specify the terms and scope of the quality warranty.

Complaints are processed without undue delay, but no later than 30 days from the date of their application, unless the seller and the buyer-consumer agree on a longer period. The complaint is settled at the moment when the seller informs the consumer about how the complaint was settled in the form agreed with the consumer. Missing this deadline is considered a material breach of contract.

VI. Final Provisions

This complaint policy is an integral part of the General Terms and Conditions of the Ahifi.cz online store, available at: https://www.ahifi.cz/obchodni-podminky-1/ .

The entrepreneur holds a GOS certificate and is bound by the GOS Code of the Consumer Protection Association - Association, which is available on the contractor's website. The validity of the GOS certificate can be verified on the SOS - Association website ( https://www.asociace-sos.cz/seznam-drzitelu-znacky-gos/ ).