Complaints Procedure
Complaints Procedure in PDF format to download HERE
Complaints Procedure
Complaints Procedure of the company:
Internet store: www.HiSModel.com
Company: Radimír Beseda
With the registered office at: B. Nikodéma 4476/15, 708 00 Ostrava, Czech Republic
CRN / Tax ID: 04581954 / CZ6207291640
Email address: message@hismodel.com
Telephone number: 00420 736 643 287
1. Introductory Provisions
1.1. The complaint procedure forms an integrated part of the General Business Terms of the seller, company Radimír Beseda
1.2. The Purchaser is obliged to become acquainted with the Complaint Procedure and General Business Terms prior to ordering the goods.
2. Quality guarantee
2.1. The Seller declares that the goods are free from defects upon reception. The Seller declares to the Purchaser that during the goods acceptance or as sent by the transport provider:
2.1.1. have the agreed properties agreed by the parties, and in case of no agreement, the properties specified by the Seller or the manufacturer or which the Purchaser expected considering the character of the goods and based on completed advertising of the Purchaser and/or the Seller,
2.1.2. are suitable for the purposes specified by the Seller for the use or for which it is commonly used;
2.1.3. Goods are within corresponding amount, scope, and weight;
2.1.4. comply with the requirements of legal regulations
2.2. The Purchaser during personal reception must check the accepted goods from the Seller, its completeness, and packages for damage.
2.3. The Purchaser during reception from the transport provider must check the state of accepted goods, its completeness, and packages for damage according to the transport data sheet.
3. The complaint enforcement method
3.1. The rights of the purchaser from defective fulfilment (hereinafter referred to as „complaint“) must be applied in compliance with this complaint procedure.
3.2.The purchaser is entitled to apply the complaints at the Seller in its operating plant or at the address of electronic mail: message@hismodel.com by means of the Complaint Protocol placed on the web address of the seller www.HiSModel.com
3.3. The Purchaser during the Complaint Procedure is obliged to attach appropriately and completely filled Complaint Protocol which records the date of purchasing the supplied goods, particularly the record of the respective tax record, e.g. another reliable method. It specifies the goods subject to the defect and defines the defect. In ideal case, the defects of goods are recorded on the photography sent to electronic address of the Seller.
3.4. The Purchaser is not entitled to apply the complaint for defect, which was raised in the past, if adequate discount was provided from the purchase price of the defined goods.
4. Deadlines for complaint application and settlement
4.1. If the Seller provided the warranty for quality above the scope of legal obligations (particularly legal deadlines), the application is subject to the complaint procedure, unless the warranty sheet or the contract specify otherwise.
4.2. The deadline for the complaint application commences on the day of accepting the goods by the purchaser stated in the tax record or the warranty sheet or another such document.
4.3. The warranty period for common consumers for new goods is twenty-four months.
4.4. The warranty period for the purchaser who is not a consumer – i.e. for businessmen, in case it is defined for the respective goods in the tax records, is twelve months.
4.5. The Purchaser is obliged to file a complaint for goods without undue delay after finding a defect. The Seller is not responsible for increasing the scope of damage, if the Purchaser uses the goods, despite knowing of the defect.
4.6. The deadline for commencing the complaint is the date of handing over the goods subject to complaint to the Seller, or the deadline when the Purchaser proves that it took the steps according to the Complaint Procedure and sends to the Seller to electronic address message@hismodel.com Completed Complaint form or the notification fulfilling the requirements of the Complaint Form.
4.7. If the Purchaser’s complaint is justified, the deadline for filing the complaint stops for the period the goods are in repair and the Purchaser can use them.
4.8. The Purchaser is obliged to decide on the complaint immediately, in complicated cases within five working days. The deadline above does not include the period required for a specialist assessment of the type of goods.
4.9. The Seller is obliged to issue to the Purchaser the notification in writing which defines the date and place of the complaint filing, the characteristics of the defect, required method of the complaint settlement and the method of informing the purchaser and the settlement.
4.9.1. Confirmation in writing will be issued to the Purchaser immediately after personal complaint acceptance. In case of sending the goods subject to the complaint by transporting service, the Seller will send the confirmation to the Purchaser in electronic form to the email address defined in the user account.
4.10. The complaint including the defect removal must be settled without undue delay, at the latest within 30 days from the complaint filing, unless the Purchaser agrees on longer period with the Seller. After the period expires, it shall be considered a serious breach of the Contract. The Seller is obliged to confirm the duration and method of the complaint settlement to the Purchaser in writing. Without the consent of the Seller, the Purchaser is not entitled to change the method of the complaint settlement, except when the selected solution method cannot be completed at all or in time.
4.11. If the complaint is accepted as eligible, the Purchaser-consumer is entitled to the payment of the related costs for the complaint application, and the costs are perceived as the lowest possible.
4.12. If the complaint solution is resolved by the goods replacement, no new deadline starts for the application of rights from defective fulfilment, but the deadline for goods subject to the complaint continues.
5. Exceptions from the defect liability
5.1. The Seller is not responsible for the defect of the goods in the cases below:
5.1.1. If the defect is caused by the transport provider
5.1.2. If the defect of goods is present at the time of acceptance and a discount is arranged for such defect from the purchase price;
5.1.3. It is caused by the purchaser, and it originated from incorrect use, storage, incorrect maintenance, intervention of the purchaser, or mechanical defect of goods;
5.1.4. The defect of goods was caused by wear caused by common use or if it results from the nature of the item
5.1.5. If the Goods are contaminated or the parts are contaminated
5.1.6. In used goods for the defects corresponding to the level of use or wear which the goods had during acceptance by the purchaser;
5.1.7. The defect resulted from unprofessional installation, handling, operation, and negligence of care;
5.1.8. damage due to force majeure
6. The settlement out of court related to the complaints from the purchasers
– in case of consumer dispute between the seller and the purchaser resulting from the purchase contract on the provision of services, which cannot be settled by mutual agreement, the purchaser can file a proposal for out of court settlement to the subject defined for out of court settlements for consumer disputes, which is:
Czech Trade Inspection
Authority General Inspectorate - ADR Department
With the registered office at: Štěpánská 15
120 00 Praha 2
E-mail: adr@coi.cz
Web: www.adr.coi.cz
6.1. The Purchaser can also use the platform for dispute settlement online, managed by the European Committee on address http://ec.europa.eu/consumers/odr/
7. Address for the application of the complaint:
Contact details of the seller and the address for delivery:
Radimir Beseda
B.Nikodema 4476/15
708 00 Ostrava
Czech Republic
Email address: message@hismodel.com
Telephone: +420 736 643 287
In Ostrava, on 01.October 2017
Radimir Beseda