Complaints Procedure

The Complaints Procedure of the kubisport.cz online shop reflects the legal regulations of the Czech Republic, in particular Act No. 82/2012 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection. A complaint can only be made if the goods are under warranty. The legal warranty period for all consumer goods is 24 months. The warranty period is extended by the time the goods have been under warranty repair. If the goods are replaced, or if a part of the product has been replaced, the new warranty period for the product, or the new part of the product, starts again from the receipt of the new item, or the item with the new part.

The warranty cannot be invoked in these cases:

• the goods have been claimed after the warranty period
• the goods have been improperly installed, modified or repaired
• the goods have been used in contravention of the enclosed instruction manual
• the goods have been damaged by the elements - water, lightning, fire or electric shock
• unauthorised alteration of the information on the warranty card

Contrary to the contract of sale

In the event that the item is not in conformity with the Purchase Contract upon receipt by the Buyer (hereinafter referred to as "non-conformity with the Purchase Contract"), the Buyer shall have the right to have the Seller restore the item to the condition corresponding to the Purchase Contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer; if such procedure is not possible, the Buyer may demand a reasonable discount on the price of the item or withdraw from the Contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.

Conformity with the contract of sale means, in particular, that the thing sold has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or, where appropriate, the quality and performance usual for the thing, that it complies with the requirements of the law, is of the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the thing is used or for which it is normally used.

Rights of the buyer in the event of a defect within the warranty period:

In the event that a defect occurs during the warranty period, the Buyer shall, depending on the nature of the defect, have the following rights in exercising the warranty:

• if the defect is removable, the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective part, unless this is disproportionate due to the nature of the defect. If such a procedure is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract,
• if the defect is irremovable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the purchase contract; the same rights shall apply to the consumer if the defect is removable, but if the buyer cannot use the goods properly because of the recurrence of the defect after repair or because of a large number of defects. A defect shall be deemed to have recurred if the same defect preventing proper use, which has already been rectified at least twice during the warranty period, occurs again. A greater number of defects shall be understood if the item has at least three defects preventing its proper use at the same time
• if the defects are other irremediable defects and the consumer does not request replacement of the goods, he shall be entitled to a reasonable discount on the purchase price or to withdraw from the purchase contract.

Method of complaint

The complaint must be lodged with the seller. It is advisable to enclose a legible original or copy of the proof of purchase - invoice or other proof of purchase, as well as a description of the defect. The Seller shall issue the Buyer with a written confirmation of when the claim was made, what its content is, what method of handling the claim is required; as well as a confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim.

Deadlines for the settlement of the complaint

Complaints shall be settled without undue delay, but no later than 30 days from the date of their submission, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the consumer has the same rights as if it were a defect that cannot be rectified.

 

Our address for making a claim is:

KUBIsport

Nádražní 92

513 01 Semily