This Complaints Handling Procedure is part of the Terms of Trade in the online shop, whose owner and operator is:
Seller: BAIL-SPORT Ltd.
Seat: Válcovní 1841/31, 703 00 Ostrava-Vítkovice, CRN: 61977209, Tax RN: CZ61977209
Registered: The Register of Companies administered by the Regional Court in Ostrava, Section C, File 12411
Contact: E: info@bail.cz, P: 00420 596 614 815, Monday to Friday 6:00 a.m. to 2:00 p.m.
This Complaints Handling Procedure follows the provisions of the Act no. 89/2012 of the Coll., the Civil Code and the Act no. 634/1992 of the Coll., on Consumer Protection (no. 634/1992 of the Coll.), as amended.
The Complaints Handling Procedure supplements the Terms of Trade and applies to consumer goods (thereinafter only "Goods") in case of which the buyer's rights arising from the liability for defects (thereinafter only "Complaints") are exercised during the warranty period.
A customer of our online shop is a buyer. According to valid legislation, we distinguish a buyer who is a consumer, a non-entrepreneur or an entrepreneur.
A consumer is every person who enters into a contract with an entrepreneur or otherwise negotiates with an entrepreneur outside his/her business activity or outside the independent exercise of his/her profession. If the contracting party is a consumer, the relations not governed by the Terms of Trade follow the Act no. 89/2012 of the Coll., the Civil Code and the Act no. 634/1992 of the Coll., on Consumer Protection.
An entrepreneur is a person who enters into a contract related to its own business, production, gainful activity or a similar business activity.
An entrepreneur is also a person acting on behalf of the entrepreneur in his name. If the contracting party is an entrepreneur, the consumer contract provisions contained in the Act no. 89/2012 of the Coll., the Civil Code, are not applied.
A non-entrepreneur is a legal person in case of which the circumstances of the conclusion of a contract clearly indicate that the purchase does not affect its business activities. If the contracting party is a non-entrepreneur, the consumer contract provisions contained in the Act no. 89/2012 of the Coll., the Civil Code, are not applied.
The rights arising from faulty performance are described in Art. IV and V of the Terms of Trade.
The warranty period starts from the date of acceptance of goods by a buyer.
The warranty period for a buyer consumer and a buyer non-entrepreneur is 24 months from the date of acceptance of goods.
If the sold item, its packaging, the instructions attached to the item, or an advertisement in accordance with other legal enactments contain the period during which the item can be used, the provisions of the Acts no. 89/2012 of the Coll., the Civil Code, on quality guarantee are applied.
The warranty period for a buyer entrepreneur is 12 months from the date of acceptance of goods.
The warranty period starts from the date of acceptance of the items of complaint for the purpose of an assessment of a defect made by the seller.
The warranty period is extended by the period during which the goods were in warranty repair.
In case of an exchange of goods, there is a new warranty period.
The seller's liability for defects does not apply to
At the request of the consumer, the seller shall provide the consumer with a written confirmation of the obligations arising from a faulty performance to the extent stipulated by the law (certificate of warranty). If allowed by the nature of things, it is sufficient to issue the buyer with a proof of purchase of goods, containing the same information (invoice) as the certificate of warranty, instead of the certificate of warranty. A certificate of warranty must contain the name and surname, the name or the trade name of the seller, the company registration number, the seat in case of a legal person, or the residence in case of a natural person. If the provided warranty is longer than the one stipulated by the law, the seller shall determine the terms and scope of the warranty extension in the certificate of warranty.
The consumer is entitled to withdraw from the contract in all cases defined by law. The withdrawal is effective with respect to the seller from the moment the statement on the withdrawal from the contract is delivered by the buyer to the seller, provided that all the necessary legal conditions have been met. In case of withdrawal from the contract, the contract is cancelled from its inception, and the contracting parties are obliged to return everything they provided to each other on the basis of the contract.
The rights arising from a faulty performance (complaint) can be claimed from the seller at the address of any of its commercial premises or at the headquarters of the seller (BAIL-SPORT Ltd., Válcovní 1841/31, 703 00 Ostrava-Vítkovice).
If the buyer exercises his/her right to request the removal of defects of goods by repairing them, and the person designated in the certificate of warranty for the purposes of warranty repair of goods is an entrepreneur who is different from the seller, whose seat or place of business is in the same location as in case of the seller or in a location closer to the purchaser, the buyer exercises the right for a warranty repair from the entrepreneur listed in the certificate of warranty. Such information can also be found in the document which replaces the certificate of warranty.
A complaint, including the removal of a defect, must be settled without undue delay, within 30 days from the date the complaint (acceptance of goods) was submitted, unless the seller and the buyer agree on a longer period.
After the expiry of this period, the buyer consumer and the buyer non-entrepreneur are granted the same rights as in case of a fundamental breach of contract according to § 2106 of the Act no. 89/2012 of the Coll., the Civil Code.
The term for the settlement of complaints is suspended if the seller has not received all the documents necessary for handling the complaint (parts of goods, other documents, etc.). The seller is obliged to request additional documentation from the buyer in the shortest possible time. The term is suspended from that date, until the buyer supplies the requested documents.
In a situation where it is necessary to send the goods to the seller or to a service centre, it is in the best interest of the buyer to pack the goods in a suitable and sufficiently protecting packaging material meeting the requirements of the transport of fragile goods, including all the accessories, and to identify the consignment using appropriate symbols.
After the due settlement of a complaint, the service centre will ask the buyer to take over the repaired goods. The right to a warranty claim expires in case of improper assembly or improper commissioning of the goods, as well as in case of improper handling, i.e. especially when using the goods in conditions the parameters of which do not correspond to the parameters specified in the documentation of the goods.
The right to a warranty claim expires if the goods are consumed or destroyed during their normal use, as well as in cases of improper maintenance and storage.
In case of the withdrawal from the purchase contract or provision of a discount from the purchase price, the payment in question is refunded to the buyer by means of transfer to a bank account or it is refunded in cash at the cash desk at the company headquarters or any of the commercial premises.
Form - download here
Form - download here
Form - download here
This Complaints Handling Procedure takes effect on 1st September 2015. Changes to the Complaints Handling Procedure are reserved.
