Complaints Policy
This Complaints Policy governs the manner and conditions for lodging complaints about defects in goods purchased through the on-line shop Svět cukrářů operated by our company
PNM International s.r.o., with registered office at Nádražní 385/34, 702 00 Ostrava, Company ID: 05060192, VAT No.: CZ05060192, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, Insert 66046
Contact address: PNM International s.r.o., U1 - Průmyslový park Karviná, Závodní 540/51, 735 06 Karviná - Nové Město
Phone number: (+420) 555 222 801
Contact e-mail: eshop@svetcukraru.cz
1. What defects in goods are we responsible for?
As the seller, we are responsible for the fact that the goods are free of defects upon receipt. This means that the goods upon receipt in particular:
- have the properties agreed between us, that we describe, or that you could expect with regard to the nature of the goods and on the basis of our advertising;
- are in the appropriate quantity, measure or weight;
- comply with the requirements of legal regulations;
- the goods are fit for the purpose we state or for which the purchased goods are ordinarily used;
- a defect in the goods is also deemed to be a situation where we deliver different goods to you than what was agreed between us;
- correspond to the quality agreed between us, or the quality established for the given type of goods by law;
- have no legal defects, i.e. no third party holds property rights to the goods and the goods are equipped with the documents and records necessary for their proper use.
We are further liable to consumers that these defects will not appear during the warranty period. If you are not a consumer, the statutory warranty period pursuant to Article 2 is not provided to you. Article 2 applies only to consumers.
Beyond the statutory warranty period for consumers, we do not provide any quality guarantee.
If you are a trader, rights from defective performance arise only from a defect that the goods had at the time of transfer of the risk of damage to the goods, even if it manifests itself later. If the defect arises in connection with a breach of any of our obligations, you are also entitled to rights from defective performance in such a case.
A difference in colour shades in reality and on electronic display devices cannot be considered a defect in the goods. If the goods do not match your expectations, you have the right, if you are a consumer, to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions.
If you are a consumer and a defect in the goods appears within six months of receipt, it is presumed that the goods were already defective upon receipt.
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents attached to the goods or in the advertisement.
If the goods bear a minimum durability date, or if the goods are subject to rapid spoilage, the period stated, after which the item can be used, is the warranty period until such date.
Please note that in the event that goods are replaced or repaired, new goods, resp. replaced parts and spare parts shall not be subject to a new warranty period. The warranty period shall, however, be extended by the period during which you were unable to use the goods due to a defect, i.e. in particular by the period during which the goods were being repaired.
3. What rights from defective performance do you have?
Your rights from defective performance are governed by the Civil Code, in particular §§ 2099 to 2117 and, if you are a consumer, also §§ 2165 to 2174.
A. If you are a consumer or a trader:
If a defect in the goods existed or is deemed to have existed already at the time of receipt of the goods, you are entitled to the following rights from defective performance:
If the defect in the goods constitutes a material breach of contract, you are entitled to the following rights from defective performance:
a) remedying the defect by delivering a new item free of defects or by delivering the missing item; b) remedying the defect by repair; c) a reasonable reduction in the purchase price; or d) withdrawal from the contract.
In the case of a material breach of contract, please inform us of your chosen right from defective performance when notifying us of the defect or without undue delay after notification. If you fail to do so, you will only be entitled to the rights that would have been available to you in the case of a non-material breach of contract. The chosen option can only be changed by agreement with us.
If we fail to remedy the defect in the goods within a reasonable period of time, you may demand a reasonable reduction in the purchase price or withdraw from the contract instead of the remedy.
If the defect in the goods constitutes a non-material breach of contract, you may demand:
a) remedy of the defect; or b) a reasonable reduction in the purchase price.
If we fail to remedy the defect in the goods in time or refuse to remedy the defect, you may demand a reduction in the purchase price or withdraw from the contract. The chosen option can only be changed by agreement with us.
Please note that until you exercise your right to a reduction in the purchase price or withdraw from the contract, we are entitled to deliver the missing goods to you or remedy the legal defect (in particular deliver the missing documents).
Exchange of goods or withdrawal from the contract cannot be demanded in the event that you cannot return the item in the condition in which you received it. This does not apply in the event that:
a) the condition has changed as a result of an inspection to determine the defect of the item; b) you used the item before the defect was discovered; c) you did not cause the impossibility of returning the item in an unchanged condition through your actions or omissions; or d) you sold the item before the defect was discovered, consumed it, or altered it during normal use; if this has only happened partially, you will return to us what you can still return and will compensate us to the extent of the benefit you gained from the use of the defective item.
B. Only if you are a consumer:
If a defect in consumer goods appears during the twenty-four month warranty period from receipt of the goods (for used goods twelve months from receipt of the goods), you are entitled to the following rights from defective performance:
a) you have the right to exchange the goods in the event that:
- during the warranty period the goods lose one of the properties listed in Article 1 of the complaints policy and this is not disproportionate to the nature of the defect;
- the defect is irreparable;
- you cannot use the goods properly due to a recurring defect after repair; or
- a greater number of defects appear on the goods.
You cannot demand exchange of the goods if the exchange would be disproportionate to the nature of the defect that has occurred. In such a case, you have the right to free repair of the defect.
You are also not entitled to exchange the goods in cases where only a part (component) of the goods is defective.
b) you have the right to exchange the defective component of the goods in the event that:
- only a component (part) of the goods is defective;
- the defect is irreparable;
- you cannot use the goods properly due to a recurring defect after repair; or
- a greater number of defects appear on the goods.
c) you have the right to a reasonable reduction in the purchase price in the event that:
- you do not choose the right to withdraw from the contract, exchange of defective goods or a component of the goods, or repair of the goods;
- we are unable to exchange the goods or a component thereof, or carry out a repair (e.g. the goods are no longer manufactured);
- we fail to remedy the defect within a reasonable period of time, or in cases where remedying the defect would cause you considerable difficulties;
- the item has a defect for which we are liable and it is an item sold at a reduced price or a used item.
d) you have the right to withdraw from the contract in the event that:
- the defect is irreparable;
- you cannot use the goods properly due to a recurring defect after repair;
- a greater number of defects appear on the goods;
- we are unable to exchange or repair the goods (e.g. the goods are no longer manufactured); or
- it is not possible to exchange the defective goods or component of the goods for defect-free goods.
4. When can rights from defective performance not be exercised?
You are not entitled to rights from defective performance if:
- you were aware of the defect before receipt of the item;
- you caused the defect yourself; or
- the warranty period has expired.
The warranty and claims from liability for defects furthermore do not apply to:
- wear and tear of the goods caused by their ordinary use;
- defects in a used item corresponding to the degree of use or wear that the goods had at the time you took delivery;
- where this follows from the nature of the item.
5. How to proceed with a complaint?
Please lodge your complaint with our company without undue delay after discovering the defect. In accordance with the law, you may lodge a complaint:
- at any of our establishments where acceptance of a complaint is possible with regard to the range of goods sold or services provided;
- at the registered office of our company;
- at our place of business.
For the quickest possible handling of your complaint, we recommend using our contact address:
PNM International s.r.o.
Závodní 540/51
735 06 Karviná
Recommended complaint procedure:
- for faster processing, you may inform us of the complaint in advance by phone, e-mail or in writing; see the Free Returns Guarantee
- the complaints form can be found here
- it is also appropriate to inform us of the right from defective performance you have chosen, i.e. whether you wish to repair the goods, exchange the goods or its component, obtain a reduction in the purchase price, or withdraw from the contract; you are in accordance with this complaints policy entitled to repair the goods, exchange the goods, a reduction in the purchase price, or to withdraw from the contract;
- please deliver the complained goods to us (other than cash on delivery, which we do not accept), and when sending the goods we recommend packing them in a suitable container so as to prevent damage or destruction;
- to facilitate the process, it is useful to enclose with the goods proof of purchase of the goods or a tax document - invoice, if issued, or any other document evidencing the purchase of the goods, together with a description of the defect and a proposal for the method of settling the complaint.
Failure to complete any of the above steps or failure to submit any of the above documents does not prevent successful handling of the complaint under the statutory conditions.
The moment of lodging a complaint is the moment when the occurrence of a defect was reported to us and the right from liability for defects of the sold item was exercised.
We handle received complaints immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for an expert assessment of the defect. The complaint, including the remedy of the defect, will be settled without undue delay, at the latest within 30 days from the date the complaint was lodged, unless we agree on a longer period.
Upon lodging a complaint, we will issue you with a written confirmation of when you exercised the right, what the content of the complaint is and what method of settlement of the complaint you require; and further (upon settlement of the complaint) a confirmation of the date and method of settlement of the complaint, including confirmation of the repair carried out and the duration thereof, or a written justification for rejecting the complaint.
In accordance with the Civil Code, you have the right to reimbursement of costs purposefully incurred in lodging a complaint about goods. Please note that you must claim the right to reimbursement of these costs within one month of the expiry of the period within which the defect must be pointed out.
This Complaints Policy is valid and effective from 1.3.2018 and replaces the identical document valid from 21. 2. 2016.