The Complaints-handling rules (hereinafter „Complaints-handling rules“) describe the methods and conditions for the consumer to lodge complaints about defective goods received from our online shop TRIMAKASI:
Trimakasi s.r.o., registered office Bílkova 855/19, 110 00 Praha 1 – Staré Město
organisation ID (ICO): 06947654
not registered for VAT
recorded in Company Register maintained by City Court in Prague, Section C, File 291883
delivery address: Trimakasi s.r.o., Bílkova 855/19, 110 00 Praha 1 – Staré Město
phone number: +420 774 041 292
contact e-mail: firstname.lastname@example.org
- What type of faults and defects is your organisation responsible for?
- As a seller, we are responsible for the actual delivery of the ordered goods (hereinafter also “product/s”) to you and that the goods when picked up are free from faults and defects. This means in particular the following:
- the product features are identical with those agreed in the contract or described in our materials i.e. expected with regard to the nature of a particular product and based on advertising;
- the volume, size and weight of the product are correct;
- the product complies with all legal rules and regulations;
- the product fits the purposes for which it was bought or is used;
- the quality of the product is adequate to what was agreed between you and our organisation or to what is defined by the applicable rules or regulations and,
- the product is free from any legal defects i.e. no third party has proprietary rights to the product and the product is accompanied by documents needed for proper using of the product.
We are also responsible that the defect will not occur during the warranty period. We do not provide any quality guarantees beyond the warranty set by law.
- The difference in colour between reality and an image displayed on a screen of an electronic device cannot be regarded as a defect of the product. If a particular product does not match with your expectations you may terminate the contract within 14 (fourteen) days from picking up the goods in accordance with Article 6 of General terms and conditions.
- How long is the warranty period?
- The warranty period for an unused product is 24 (twenty four) months from the pickup of the product unless a longer period is defined at the website, in the documentation attached to the product or through advertising.
- In the case your product must be replaced or repaired this new or repaired components will not be covered by a brand ew warranty. The original warranty period will be prolonged depending on how long the original product was out of order (before replaced or under repair).
- What rights may I exercise regarding defective performance?
- Your rights from defective performance are governed by Civil Code, namely §2099 to §2117, as well as §2165 to §2174.
- In line with the above provisions, you have the following rights:
- Addition of missing parts
If the quantity of the delivered products is smaller than agreed or the product is incomplete you are eligible to get all missing parts.
- Discount from purchase price
If the product is defective or the defect occurs during the warranty period you may claim adequate discount from the purchase price.
- Replacement of defective product or product component
You can file a claim for the replacement of a defective product or a defective part of a product reasonably depending on the nature of the defect (typically when the product cannot be repaired instantly) and unless the defect is a non-substantial breach of contract
You are not eligible to the replacement of the whole product if only part of the product is defective. If we come to the conclusion that some part of your product is defective we will replace the defective part only.
You may not require replacement of a product sold at a lower price. Instead, you may require discount from a standard purchase price.
You have the right to require a toll-free removing of a defect. If it turns out during the process that we are not capable of repairing the goods we will promptly let you know. You will then be allowed to choose an alternative way of handling your complaint.
- Refunding (termination of contract)
You may require refunding as long as:
- the delivery of an incomplete or defective item by our organisation constitutes substantial breach of contract or,
- we are not able to either remove a defect seen as an obstacle to proper use of the product or replace such a product (for instance, the production of the product has finished) or,
- you cannot use the product properly due to recurring defects (i.e. occurrence of the same defect after at least two repairs) or,
- the product shows multiple defects (simultaneous occurrence of at least three repairable defects seen as an obstacle to proper use of the product) or,
- we fail to meet the deadline for handling your complaint or remedy the situation within 30 (thirty) days from filing the complaint.
- Each product that is supposed to be replaced or refunded must be returned in the same condition as received. The exceptions include:
- the condition of the product has changed due to inspection carried out in order to detect the defect;
- the product was used prior to revealing the defect;
- the impossibility to return a product in the same condition was not caused by your mishandling or negligence or,
- prior to revealing the defect, the product is sold, consumed or altered because of normal use. If this applies to only a part of a product you will return all what you can and compensate us for the benefit you have had from the product
- When am I not allowed to exercise rights from defective performance?
- You are not allowed to exercise the rights from defective performance as long as:
- you know of the defect prior to picking up the product;
- the defect was caused by you
- the warranty period has expired.
- The warranty and responsibility for defects do not apply to the following:
- normal wear and tear ( including lower capacity of batteries);
- items offered at lower rates; only in relation to a defect for which the lower price was agreed or,
- items whose nature does not enable so (in particular products whose life time is normally shorter than the warranty period).
- What steps shall I take when lodging a complaint?
- Each complaint should be lodged without undue delay.
- Complaints are accepted in all our shops with respect to the assortment and at our registered address. To speed up the process we recommend you use our shop (Tel.: +420 774 041 292, address: Vánková 897/13, 110 00, Praha-Čimice).
- Recommended complaints-handling process :
- to speed up the process you can call us by phone, by e-mail or send us a letter
- at the same time, you should specify which of the rights from defective performance you are going to exercise (missing parts, discount, replacement of product or defective part, repair of product, refunding and/or other rights in accordance with the Complaints-handling rules and Civil Code);
- deliver us the affected product along with the complaint or then to our organisation’s registered address (COD will not be accepted). To avoid damage or destruction, we recommend you properly wrap the product.
- to ease the process, you should attach to the product a document as evidence of your purchase of the product such as a receipt, invoice (if issued) or another document, the description of the defect and your proposal for how the complaint should be resolved.
Your failure to proceed as described above or to submit any of the above documents shall not be seen as an obstacle to a positive handling of your complaint.
- A complaint is lodged once a detected defect is reported and the right from defective performance for a sold product exercised.
- Each received complaint is decided upon immediately except for complex cases that take up to three business days. This period does not include the time needed for the expert assessment of the defect adequate to a particular product or service. Each complaint will be handled and the defect removed, unless otherwise agreed, within 30 (thirty) days from lodging the complaint.
- If you make a complaint using a right you are not entitled to for objective reasons (typically non-repairable defect or non-replaceable product) we will promptly let you know. In such a case you can choose to apply another right in accordance with the. Complaints-handling rules.
- When making a complaint you will receive from us a written confirmation showing the date and content of your complaint and the method of handling you request. After closing the complaint, you will receive a confirmation showing the date and method of handling your complaint including the type and duration of repair and (if required) a written justification of refusing your complaint.
- In compliance with the Civil Code, you are entitled to the compensation of all reasonably spent costs during a complaint process against defective goods. Remember that the right to apply for this compensation expires within one month from reporting a defect.
The Complaints-handling rules come into force and effect as of 3 May 2018.