I. General provisions
The Complaint Procedure Code is an integral part of the General Terms and Conditions of the Seller of AKC REAL GROUP, s.r.o., Company ID: 286 49 893, VAT No .: CZ 286 49 893, registered: at KS Ostrava, C, v. 36896, Vinařického 940/20, 702 00 Ostrava - Přívoz (hereinafter referred to as the "Seller" or "AKC") and describes how to proceed to claim goods purchased through the AKC.
The Buyer is obliged to become acquainted with the Complaints Procedure and the General Terms and Conditions (hereinafter referred to as the "GTC") before ordering the goods. At the same time, the buyer acknowledges that he is obliged to provide the AKC with the necessary co-operation necessary to handle the claim, failing which the periods are adequately prolonged by the time the buyer did not provide the required assistance.
By concluding the purchase agreement and taking over the goods from the seller, the buyer agrees to this Complaint Procedure.
Definitions of the terms contained in this Complaint Rules take precedence over the definitions in the GBC. If this Complaint Code does not define the term, it is understood in the meaning as defined in the GBC. If not defined, it understands the meaning in which it is used by law.
In the event of service under a purchased or contracted service, this service intervention is solely governed by the terms of the service.
II. Quality guarantee
As proof of warranty, the AKC issues a proof of purchase (invoice) with the legal data required for the warranty (eg the name of the goods, the warranty period, the price, the quantity, the serial number) for each purchased goods, property or service.
At the express request of the buyer, the AKC will provide a guarantee in the form of a warranty card. By default, however, if the nature of the matter so permits, the seller issues a proof of purchase of the item containing the data in place of the warranty.
If warranted to do so, the AKC in the warranty card in question will understand in an understandable way the content of the warranty provided, its scope, conditions, validity and manner of exercising the claims arising therefrom. In the warranty card, the AKC also states that the provision of the warranty is without prejudice to the buyer's rights to the purchase of the item.
1. Time limit for claiming defective performance
The time limit for claiming defective performance starts to run on the date of receipt of the goods, property or services by the purchaser, ie on the date stated on the purchase receipt or on the warranty card.
The deadline is:
- for new (including unpacked) goods 24 months;
- for new products, property for 21 months (new goods or property means used goods or property, which has subsequently been inspected by our specialists);
- for goods and property used for 12 months (used goods and property means the goods thus labeled or property which is used without defect.
For consumer goods (eg wood assortment, etc.), the purchaser is entitled to claim the right to defect within twenty-four (24) months if the date of consumption is not stated on the goods, in which case the period shall be shortened only until the date indicated on the packaging of the goods.
For a buyer entrepreneur, the time limit for the exercise of the rights to a defective performance may be different, if it is expressly stated for the type of goods or property, the time period given takes precedence. In such a case, the goods or property is marked.
The time limit ends with a date that corresponds to the date on which it was started and the number of months thereafter. The length of the period in months is indicated for each item at the seller's shop and is sufficiently marked on the purchase receipt.
Rights of liability for defects in goods or property for which the quality guarantee is valid shall cease to exist if it has not been exercised within that period.
If a complaint is settled in the form of a replacement of goods or property, no new period is running, the period starting from the date of receipt of the goods, the property by the buyer, is decisive.
2. Quality of takeover
The seller is responsible to the buyer for the fact that the goods or property is not defective upon takeover. In particular, the seller is liable to the purchaser that at the time the buyer took over the goods,
- goods or property has properties that the parties have negotiated and if the arrangement is not such as to describe the characteristics of the seller or supplier or which the buyer expects with regard to the nature of the goods or property and the advertising they make,
- the goods or property is suitable for the purpose which the seller indicates or to which the thing of its kind is normally used for its use,
- goods or property is in the appropriate quantity, degree or size,
- goods or property complies with legal requirements.
If a defect occurs within six months of the takeover, it is assumed that the goods or property was defective already upon takeover by the buyer, unless the vendor demonstrates otherwise.