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Complaints Procedure

These Complaints Procedure Rules have been prepared in accordance with the provisions of Act No. 89/2012 Coll., The Civil Code and Act no. 634/1992 Coll., Consumer Protection Act. A consumer is any person who, outside the scope of his / her business activity or outside his / her own profession, concludes a contract with an entrepreneur. The seller is DRILL Athletics, s.r.o, registered office: Tupolevova 710, Prague 18, 199 00. Company ID: 04771664, Tax ID: CZ04771664. The customer of our online store is either the Buyer Consumer or the Buyer who, in concluding and performing the contract, acts in the course of his business or other business activities. If the contracting party is not a consumer, but an entrepreneur, is governed by relations not regulated by the commercial conditions by the Civil Code (No. 89/2012 Coll.). The warranty period is one year.

1. Defects of goods

The seller is liable to the consumer that the item has no defects at takeover. In particular, the seller is liable to the consumer that at the time the consumer took over the item:

  • the item has properties agreed upon by the parties and, in the absence of an agreement, those characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
  • the item is suitable for the purpose stated by the seller or for which the item of this kind is usually used,
  • the item corresponds to the quality or design of the agreed sample or model if the quality or design was determined according to the agreed sample or model,
  • is the item in the appropriate quantity, measure or weight, and
  • the item complies with legal requirements.

2. Claims for Defective Goods

If the item does not have the above characteristics, the consumer may also require the delivery of a new item without defects, if it is not unreasonable due to the nature of the defect, he/she may withdraw from the contract. However, if this is disproportionate to the nature of the defect, in particular, if the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge.

The consumer has the right to deliver a new item or to replace a part even in the case of a removable defect if he/she cannot properly use the item for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.

If the consumer does not withdraw from the contract or does not exercise the right to deliver a new item without defects, to replace its component or to repair the item, he/she may request a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its component or repair it, or if the seller fails to rectify it within a reasonable time, or if remedying the consumer would cause considerable difficulties.

The buyer does not have the right to the defective performance if the buyer knew before the takeover of the thing that the thing was defective or if the buyer himself caused the defect.

3. Deadlines

The consumer is entitled to exercise the right from the defect that occurs in the consumer goods within twenty-four months of receipt. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.

The warranty period begins on receipt of the Goods by the Customer. The warranty period for the Buyer of the consumer is 24 months, but for the Buyer who acts in the course of his business or other business activity when concluding and fulfilling the contract, the warranty period is only 12 months.

The warranty period is extended by the period during which the Goods were under warranty repair. If the Goods are replaced, a new warranty period begins.

4. Other

The Seller’s liability for defects does not apply to wear and tear caused by its normal use, in the case of goods sold at a lower price for the defect for which the lower price was agreed if it is of the nature of the matter.

Upon the consumer’s request, the Seller shall provide the consumer with written confirmation of obligations arising from defective performance to the extent stipulated by law (warranty card). If the nature of the item permits, it is sufficient to issue to the Buyer proof of purchase containing the information (invoice), which must contain the data as a guarantee certificate, instead of the warranty card. The warranty certificate must contain the name and surname, name or business name of the Seller, identification number, registered office in the case of a legal person or residence in the case of a natural person. If longer than the statutory warranty is provided, the Seller shall determine the terms and extent of the warranty extension in the warranty card.

The consumer is entitled to withdraw from the contract in all cases stipulated by the Act. The withdrawal shall be effective from the Seller upon receipt of the Buyer’s declaration of withdrawal, provided that all necessary legal conditions are met. In the event of withdrawal from the contract, the contract is canceled from the beginning and the parties are obliged to return everything they have provided. In the event of cancellation of the contract due to the exercise of rights resulting from liability for defects, the Buyer shall return the performance provided by the Seller only to the extent that it is objectively possible in the given situation.

5. Complaint handling

In the event that the Buyer exercises his/her right to require the removal of defects of goods by repair and in the warranty card, for the purposes of warranty repair the Goods is a designated entrepreneur different from the Seller, whose registered office or place of business is in the same place as the Seller or the Buyer shall exercise the right to a warranty repair at the entrepreneur specified in the warranty certificate. This information can be found in the document replacing the warranty card.

The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of claim, unless the Seller and the Buyer agree on a longer period. After this period, the Buyer shall be granted the same rights as if it were a material breach of contract.

The time limit for handling complaints is suspended if the seller has not received all the documents necessary for handling the complaint (parts of goods, other documents, etc.). The Seller is obliged to request the completion of documents from the Buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the buyer.

In the event that the Goods need to be sent to the Seller or Service Center, the Buyer shall in his own interest keep the Goods packed in suitable and sufficiently protective packaging material meeting the requirements of the transport of fragile Goods, including all accessories and mark the shipment with the appropriate symbols.

After proper handling of the complaint, the service center will ask the buyer to take over the repaired goods. The right to claim the warranty expires in case of improper assembly or improper commissioning of the Goods as well as in the case of improper handling, ie especially when using the goods in conditions that do not correspond to the parameters stated in the documentation for the goods. In the event of withdrawal from the purchase contract or the provision of a discount on the purchase price, the relevant payment is returned to the Buyer by bank transfer or transferred in cash at the cash desk at the registered office of the company.

6. Complaint form

Request form on eshop@drillathletics.com

7. Request for return

Request form on eshop@drillathletics.com

8. Final Provisions

These Complaints Procedure Rules come into effect on 2 September 2019. We reserve the right to make changes to the Complaints Procedure Rules.

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