info@bessergold.cz Tel: +420 224 212 000

Complaints procedure for consumers

This Complaints Procedure for Consumers (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions of complaints about defects in goods purchased by consumers through the BESSERGOLD.cz online store from our company:

 

BESSERGOLD Trading s.r.o. organizational unit, with its registered office in Prague 1 - Nové Město, Václavské náměstí 834/17, postal code 11000

 ID: 11881119

 Steuernummer: CZ11881119

 entered in the Commercial Register kept by the Municipal Court in Prague, Section C 355855

 delivery address: Václavské náměstí 834/17, Prague 1, 110 00

 telephone number: +420 224 212 000

 contact e-mail: info@bessergold.cz

 

1. What defects are we responsible for?

As the seller, we are responsible for ensuring that the goods you have ordered have been delivered to you and that the goods are free of defects upon receipt. This means that the goods on receipt in particular:

- has the characteristics that have been agreed between us, which we describe or which you could expect with regard to the nature of the goods and on the basis of advertising;

- is in an appropriate quantity, measure or weight;

- complies with legal requirements;

- is suitable for the purpose for which we state or for which the purchased goods are usually used;

- corresponds to the quality agreed between us or the quality specified for the given type of goods by valid and effective legal regulations; and

- it has no legal defects, ie a third party has no property rights to the goods and the goods are equipped with the documents and papers necessary for the proper use of the goods.

 

We are also responsible for ensuring that these defects do not occur during the warranty period.

 

The difference in colour shades in reality and on electronic display devices cannot be considered a defect of the goods.

 

2. What is the warranty period?

2.1. For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified in the web interface, in the documents accompanying the goods or in the advertisement.

 

2.3. In the event that the goods are exchanged for you, the new goods will not have a new warranty period. However, in such a case, the warranty period is extended by the time during which you could not use the goods due to a defect, ie in particular by the time during which the goods are handed over to us.

 

3. What rights do you have from the defective performance?

3.1. Your rights from defective performance are governed by the Civil Code, in particular, Sections 2099 to 2117, as well as Sections 2165 to 2174.

 

3.2. In accordance with the above provisions, you have in particular the following rights:

a) Addition of what is missing

If we deliver the goods in smaller quantities than agreed, or we deliver incomplete goods, you have the right to supplement what is missing.

b) Discount from the purchase price

 

If there was a defect in the goods or the defect occurred during the warranty period, you can always request a reasonable discount from the purchase price.

c) Exchange of goods

 

You can always request an exchange of goods if it is not disproportionate to the nature of the defect and if it is not just a minor breach of contract.

 

You do not have the right to exchange the goods if only a part (part) of the goods is defective. If during the complaint procedure we come to the conclusion that only a part of the goods is defective, we will replace this part for you.

 

d) Refund (withdrawal from the contract)

 

You can only request a refund if:

- the delivery of a defective or incomplete item by us constitutes a material breach of contract; or

- we are not able to exchange goods with a defect for which you cannot use the goods properly (eg the goods are no longer produced); or

- a number of defects occur on the goods (simultaneous occurrence of at least three defects, each of which prevents the proper use of the goods); or

- we do not meet the deadline for settling the complaint / we do not arrange a remedy within 30 days of the complaint being lodged.

 

3.3. The condition for exchanging goods or refunding (withdrawal from the contract) is that you return the item in the condition in which you received it. Exceptions are cases where:

 

(a) the condition has changed as a result of an inspection to detect a defect;

b) you used the item before the defect was discovered;

c) you have not made it impossible to return the thing in its unaltered state by your actions or omissions; or

d) you sold the item before the defect was discovered, consumed it, or altered the item in normal use; if this is only partially the case, you will return to us what you can still return and give us compensation up to the amount in which you benefited from the use of the item.

 

 

4. When cannot the rights arising from defective performance be exercised?

4.1. You are not entitled to defective performance if:

- you knew about the defect before taking over the thing;

- you caused the defect yourself; or

- the warranty period has expired.

 

4.2. The warranty and liability claims for defects also do not apply to:

 

- wear and tear of the goods caused by their normal use;

- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or

- things, if it follows from their nature.

 

5. How to proceed with a complaint?

5.1. File a complaint with us without undue delay from the discovery of the defect.

 

5.2. We accept complaints in any of our establishments, where it is possible to accept complaints with regard to the range of goods sold, and at our headquarters. To resolve your complaint as quickly as possible, we recommend using the store where you purchased the goods.

 

5.3. Recommended complaint procedure:

- for faster handling of the complaint, you can inform us in advance by phone, e-mail or in writing;

- at the same time, it is appropriate to inform us about the right from the defective performance, ie whether you are interested in supplementing what is missing, discount from the purchase price, exchange of goods, money back, or other rights in in accordance with these Complaints Rules and the Civil Code;

- deliver the claimed goods to us together with the claim or subsequently (other than cash on delivery, which we do not accept) to the address of the registered office or establishment, while we recommend packing the goods in a suitable package so that it is not damaged or destroyed;

- to facilitate the procedure, it is appropriate to enclose a proof of purchase of goods or a tax document - an invoice, if issued, or another document proving the purchase of goods, together with a description of the defect and a proposal for resolving the complaint.

 

Failure to comply with any of the above steps or failure to submit any of the above documents does not prevent a positive settlement of the complaint according to the legal conditions.

 

5.4. The moment of claim is the moment when we were notified of the occurrence of a defect.

 

5.5. We decide on the received complaint 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 a professional assessment of the defect. Complaints, including any elimination of the defect, will be settled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.

 

5.6. If you choose a right that cannot be granted to you for objective reasons (especially in the case of irreparable defects or in the case of an exchange of goods, which is not possible), we will contact you immediately. In this case, you can choose another right in accordance with these complaint rules.

 

5.7. When making a complaint, we will issue you a written confirmation of when you have exercised the right, what the content of the complaint is and what method of handling the complaint you require. Furthermore (after the complaint has been settled) we will issue you a confirmation of the date and method of settling the complaint, including a confirmation of the correction and its duration, or a written justification for the rejection of the complaint.

 

5.8. In accordance with the Civil Code, you have the right to reimbursement of reasonable costs incurred in making a claim for goods. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period within which the defect must be alleged.

 

These Complaints Rules are valid and effective from 18 December 2020

we use cookies to personalise content and ads. You consent to our cookies if you continue to use this website.