Complaint Rules and Warranty for ANV Knives
Thank you for purchasing an ANV product. Please bear in mind that ANV knives are designed as cutting tools.
These complaint rules follow on from the General Terms and Conditions of Business, where one party to the transaction is the e-shop operator:
ANV Knives s.r.o.
Pražská 1647, 676 02 Moravské Budějovice,Czech Republic
Registered number: 05522790
Registered office: Na Perštýně 362/2, Staré Město, 110 00 Prague 1,
Entered in the Commercial Register maintained by the Municipal Court in Prague, file ref. C 256089
as the seller (hereinafter the “Seller”)
and the other party to the transaction is a buyer and/or client, who may be a consumer (hereinafter the “Buyer”).
A consumer is a person who, outside the framework of his business activities or outside the framework of the independent performance of his profession, concludes a contract with an entrepreneur or deals with him in another manner.
Legal relations between the Seller and a consumer not expressly set out by these General Terms and Conditions of Business (hereinafter the “Terms and Conditions”) are governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations.
An entrepreneur is an entity that independently performs, on its own account and at its own responsibility, gainful activity in a trading or similar manner with the intention to do so systematically for the purpose of making a profit.
Every person that concludes contracts related to his own business, production or similar activities or during the independent performance of his profession or a person that is acting on behalf of or on the account of an entrepreneur is regarded as being an entrepreneur.
1. LIABILITY FOR DEFECTS, WARRANTY
The contracting parties’ rights and duties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding legal regulations (in particular Section 2099 et seq. and Section 2158 et seq. of the Civil Code).
The warranty term for Consumers is 24 months and for entrepreneurs it is 12 months in accordance with the supplier’s terms and conditions. The warranty term starts to run upon the acceptance of goods by the Buyer.
The Seller is liable to the Buyer for an item sold being in compliance with the purchase contract, in particular for it being free of defects. Compliance with the purchase contract is understood to mean an item having the quality and useful properties required by the contract, described by the Seller, the manufacturer or a representative or expected based on their advertising.
In the event that an item, upon acceptance, is not in compliance with the purchase contract (hereinafter “Compliance with the Purchase Contract”), the Buyer has the right to have the Seller, free of charge and without undue delay, put the item into a state corresponding to the purchase contract, in accordance with a request of the Buyer either through the exchange of the item or its repair; if such procedure is not possible, the Buyer can request a reasonable discount on the price of an item or withdraw from the contract. This does not apply if the Buyer, before the acceptance of the item, knew of the Conflict with the Purchase Contract or caused the Conflict with the Purchase Contract itself.
In the case of consumer contracts, a Conflict with the Purchase Contract that comes to light within six (6) months of the day the item was accepted is regarded as a conflict existing upon its acceptance, if this does not conflict with the nature of the item or unless the opposite is proved.
Unless it concerns perishable items or used items, the Seller is always liable for defects that occur as a Conflict with the Purchase Contract after the acceptance of an item during the warranty term (warranty).
The warranty also does not apply to damage arising:
- Through mechanical damage to the goods (including a “table test” and other destructive tests);
- Through the use of goods in conditions that do not correspond, through their temperature, dustiness, humidity, chemical and mechanical influences, to the environment that was specified by the retailer or manufacturer;
- Through inexpert installation, treatment, operation or neglect of care for the goods;
- Through alteration of the goods by the customer;
- Through damage due to natural elements or force majeure.
2. Procedure for Complaints
The Buyer is obligated, before sending goods complained about, to contact the Seller at the e-mail address email@example.com with a description of the problem, including photographs. The Seller will get in touch with a proposal for a solution within five business days. After receiving a statement, the Buyer has to send the goods complained about or transport them itself to the Seller for an assessment of the complaint. With regard to the range in the e-shop, which does not offer items of large dimensions or that are hard to transport, the Seller and the Buyer declare that they regard transport by the Buyer as possible without unusual problems and barriers.
The Buyer’s rights resulting from the Seller’s liability for defects, including the Seller’s warranty liability, are claimed by the Buyer from the Seller at its branch’s address.
The moment the Seller receives the goods complained about from the Buyer is regarded as the moment a complaint is made.
A Buyer that is a consumer is informed how a complaint is dealt with electronically, by telephone or in writing, within 30 days of its acceptance.
In the case of customers that are entrepreneurs, the result of a complaint will be communicated within 30 days.
A Buyer is obligated to provide the Seller with all cooperation to verify the existence of a defect complained about and to correct it (including the testing or disassembly of a product). The Buyer, when making a complaint, is obligated to hand over the goods in a clean state in accordance with public health regulations and general public health principles, including parts and accessories.
The Buyer is obligated to hand the goods over for complaint proceedings complete. We also recommend attaching a copy of the sale document, a detailed description of the defect and complete contact details (address, telephone number, e-mail address), as well as a copy of preceding communication with the Seller’s complaints department.
In the event the Buyer does not supply the goods complete and their completeness is necessary to ascertain the existence of a defect complained about and/or to correct it, the period for dealing with a complaint starts to run upon the delivery of the missing parts.
When a complaint is made, the Buyer will receive a written confirmation—complaint record, which serves as a document for dealing with a complaint. The Buyer is obligated, when drafting a complaint record, to state all the required information, whose completeness and correctness is confirmed by the signature of the complaint record. A complaint record contains information about when the complaint was made, what its content is, in what method a Buyer that is a consumer wants the complaint dealt with.
If a Buyer that is a consumer sent a product for complaint proceedings using a forwarding service, he will receive a complaint record by e-mail.
A Buyer that is a consumer is entitled to the reimbursement of special-purpose costs for the making of a complaint, where such costs are understood to be the lowest possible. This primarily concerns the postage for sending goods complained about. A Buyer that is a consumer must request the payment of such costs without undue delay, within no more than one month of the end of the period for claiming rights under defective performance.
3. Out-of-Court Dispute Resolution
In accordance with Section 20d of Act No. 634/1992 Coll., on consumer protection, every Buyer that is a consumer is entitled to the out-of-court resolution of a consumer dispute with the Seller arising under a purchase contract (hereinafter a “Dispute”), unless it concerns medicinal or medical products.
Out-of-court resolution of consumer disputes under a purchase contract can be performed by the Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, registered number: 000 20 869, website: http://www.coi.cz (hereinafter the “CTIA”). The online dispute resolution platform at the website http://ec.europa.eu/consumers/odr can be used for the resolution of disputes between the Seller and a Buyer under a purchase contract.
Out-of-court dispute resolution is commenced at the Buyer’s proposal, which the Buyer is entitled to submit no later than one year after the day it exercised the right that is the subject of the dispute regarding the Seller for the first time.
Further information about the requisites of a proposal for the start of a dispute and the method of conducting it are stated in Sections 20d to 20h of Act No. 634/1992 Coll., on consumer protection.
4. Supervisory Body, Complaint Resolution
The supervisory body that supervises the Seller’s activities is:
Czech Trade Inspection Authority
120 00 Prague 2
It is possible to contact this body with complaints about the Seller’s activities in the cases stated by generally binding regulations.
A complaint about the activities of the Seller’s shop can also be directed to the Seller, at the address:
676 02 Moravské Budějovice
5. Concluding Provisions
These Complaint Rules are valid and effective from 22.04. 2020. The Seller reserves the right to amend the Complaint Rules without prior notification.
Prague, 22.04. 2020
ANV Knives s.r.o.