Complaint procedure for shops

COMPLAINT PROCEDURE for GRANÁT Turnov Cooperative shops

I. General provisions

Cooperative Granát Turnov, with its seat in Turnov, Výšinka 1409, ZIP code: 511 01, ID no.: 00030091, registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section Dr XVIII, File no. 390 dated January 14, 1953, issues this Complaint Procedure.

II. Subject and purpose of the Complaint Procedure

The Complaint Procedure regulates the conditions under which the buyer can exercise rights from defective performance (hereinafter also referred to as “complaint”) pursuant to section 2169 of Act no. 89/2012 Coll., Civil Code (hereinafter referred to as the Civil Code) in the cooperative’s stores, while the purpose of this Complaint Procedure is also to establish a procedure for quick and correct handling of complaints.

III. The buyer’s right to complain

If a defect has occurred in the purchased goods, the buyer is entitled to point out the defect of the goods within two years from taking over the goods (section 2165 subsection 1 of the Civil Code).

When making a complaint, the customer must present the defective goods and if he requests an exchange of defective goods for defect-free or a refund of the purchase price, he must present the product complete with all its accessories. A complaint cannot be made if the defect occurred as a result of improper use or storage of the goods by the buyer or in cases where the buyer made arbitrary changes or modifications to the thing. The seller is not liable for defects in goods caused by force majeure, such as natural disasters and the like. Conditions resulting from wear and tear on jewelry during use cannot be considered defects – see point IX. Exclusion of liability for defects.

IV. Place of complaint

The buyer makes a complaint in the store where he purchased the goods and if this is not possible, for example because such a store has already been canceled or is temporarily closed, then it is necessary to make a complaint in a store designated by the seller for accepting such complaints and if no such place has been designated then directly at the seller’s registered office.

The fact when and where the goods were purchased is proved by the buyer mainly by a relevant sales document or in another provable manner.

V. Deadlines for making a complaint

The buyer is obliged to point out a defect in goods within two years from taking over goods if a longer period is not stated on goods, its packaging or instructions. If the consumer did not make a complaint in time, he is not entitled to a positive settlement of his complaint.

VI. Seller’s liability

If a buyer makes a complaint to a seller, an employee of a store is obliged to properly check and decide on it immediately if possible but no later than within three working days. This period does not include time reasonably required according to type of goods needed for expert assessment of defect. The complaint including removal of defect must be settled and buyer must be informed about it no later than within 30 days from proper making of complaint unless seller agrees with buyer in writing on longer period. Information on how complaint was settled is given to customer at place where he made complaint unless agreed otherwise in writing.

An employee of store is obliged to issue confirmation to buyer who makes complaint about when he made complaint as well as confirmation about performance of repair (removal of defect from goods) and about duration of repair. On goods handed over to store for complaint store issues confirmation about receipt of goods which remains property of buyer during settlement of complaint and is stored separately. If seller finds exercise of rights from liability for defects unjustified then together with his decision about it in complaint protocol returns goods original receipt to buyer.

If exercise of rights from defects is unjustified and seller incurs costs due to this reason especially on expert assessment of defect or on legal representation seller has right to their reimbursement.

VII. Removable defects

Removable defects are considered to be such defects that can be removed within the specified period without affecting the appearance, function and quality of the product. If it is a removable defect, the buyer has the right to free, proper and timely removal of the defect. In addition, instead of removing the defect, the buyer may request an exchange of goods or if the defect concerns only a part of the goods, an exchange of a part of the goods if this is not disproportionate in view of the nature of the defect. If this is not possible, the buyer may withdraw from the contract and request a refund. In addition, the buyer may request a reasonable discount on the purchase price if he has not exercised other claims.

VIII. Irremovable defects

If there is an irremovable defect that prevents the goods from being properly used as goods without defects, the buyer may choose to request:

• exchange of defective goods or part of goods for defect-free,
• withdrawal from purchase contract and refund,
• reasonable discount on purchase price if he has not exercised other claims.

The same rights apply to a buyer if it is a removable defect if a buyer cannot properly use goods due to repeated occurrence of a defect (after 2 previous repairs of same nature and occurrence) after repair or due to larger number of defects and if repair is not carried out within period agreed between buyer and cooperative.

IX. Exclusion of liability for defects

Seller’s liability for defects in goods does not apply especially but not exclusively:

a) to wear and tear on goods caused by its usual use,
b) for items sold at lower purchase price for defects for which lower purchase price was agreed,
c) if it concerns used goods for defects corresponding to degree of use or wear and tear those goods had when taken over by buyer,
d) to defects that arose:

• unprofessional repair or other unprofessional intervention into characteristics of goods
• intervention made by buyer which buyer carried out in contradiction with correct instructions stated in instructions for use of goods,
• using operating or maintaining goods in contradiction with instructions for using operating or maintaining goods or in warranty certificate or generally known rules for using operating or maintaining goods
• due to force majeure,
• storing using or storing goods in humid, dusty or otherwise unsuitable environment especially chemically or physically aggressive unless otherwise specified by seller or manufacturer of goods
• due to fault of buyer (e.g. mechanical damage),
• penetration of foreign substances into goods

Detailed description of unrecognized defects:

• Change in shade color of jewelry plating due to environment.
• Defects caused by normal wear and tear.
• Defects caused by improper use of jewelry.
• Mechanical damage to jewelry.
• Scratched surface of jewelry.
• Stones with visible scratches.
• Broken mechanics on earrings above joint.
• Breaking chains outside joints.
• Loss part of jewelry.

X. Information about entity for out-of-court settlement consumer disputes

Seller informs buyer that if dispute arises between them during sale of goods buyer as consumer has right to its out-of-court settlement. Seller informs buyer that he has right to submit proposal for out-of-court settlement dispute according to Act No. 634/1992 Coll. on Consumer Protection at Czech Trade Inspection Authority. All details about out-of-court settlement dispute are stated on the website of Czech Trade Inspection Authority.

XI. Final provisions

Quality of goods upon takeover is regulated by section 2161 subsection 1 of the Civil Code. If defect occurs during six months from takeover it is assumed that goods were defective already upon takeover (section 2169 subsection 2 of the Civil Code). In other cases, expressly not regulated by this CP rights and obligations parties arising from defective performance goods are governed by Civil Code (Act No. 89/2012 Coll.).

By concluding purchase contract buyer expresses his consent with this CP. This CP is posted at place sale goods and its second copy is stored at store manager.

Buyer has at place sale goods:
a) freely available this CP.
b) upon request for inspection relevant text Civil Code.

This Complaint Procedure is valid and effective from January 6, 2023, for goods purchased before January 6, 2023, the previous Complaint Procedure effective from April 1, 2017 continues to apply.

Ing. P. Tvrzník
Chairman of the Board

J. Boudný
Vice-Chairman of the Board