Complaints Procedure
Excerpt from the Terms and Conditions
10. Complaints Procedure
10.1 This Complaints Procedure is an integral part of the General Terms and Conditions of the online store https://www.newtechnology.cz and defines the basic conditions and procedure for buyers to file complaints regarding defective goods.
These Complaint Rules are based on the provisions of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection. These Complaints Rules define the relationship between the seller and the buyer—a natural person who is not an entrepreneur and who enters into a contract exclusively outside the scope of their business activities or independent professional practice.
10.2 The buyer is required to review the General Terms and Conditions and the Complaints Policy before ordering goods; however, the buyer must review them no later than before submitting an order on the online store https://www. newtechnology.cz, as the Buyer confirms their understanding and acknowledgment of these terms by checking the appropriate box when creating the order itself. Without checking this box, the buyer’s order cannot be submitted. The seller/operator of the website https://www.newtechnology.cz records buyers’ orders and also records the checking of the aforementioned box.
10.3 The conclusion of the purchase contract and the buyer’s acceptance of the goods are considered consent to the complaint procedure and the terms and conditions.
10.4 The buyer is required to provide proof of purchase of the goods from the online store https://www.newtechnology.cz, specifically through a tax receipt issued by the seller.
10.5 To expedite the complaint process, the Buyer may describe the defects in the goods and select the method of handling the complaint.
10.6 If the order is split or contains several parts (or items) that are delivered at different times, the period for withdrawing from the purchase contract begins upon delivery of the last part (item). Notice of withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or item of the order).
10.7 The seller warrants to the buyer that the item is free from defects upon receipt. In particular, the seller warrants to the buyer that, at the time the buyer received the item,
- the item possesses the characteristics agreed upon by the parties, and in the absence of such an agreement, the characteristics described by the seller or manufacturer or
- those expected by the buyer given the nature of the goods and based on the seller’s advertising,
- the item is fit for the purpose stated by the seller or for which items of this type are typically used,
- the item corresponds in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to the agreed sample or model,
- the item is in the appropriate quantity, measure, or weight,
- the goods comply with legal requirements.
10.8 If a defect becomes apparent within six months of acceptance, the item is deemed to have been defective at the time of acceptance.
10.9 The Seller is obligated to accept complaints at the address of its place of business or at its registered office and place of business, provided the nature of the goods permits it. The address for receiving complaints regarding goods is:
Jaclab s.r.o., P.O. Box 34, Prague 517 15521, Czech Republic
10.10 The Seller shall notify the Buyer in writing of the receipt of the goods for complaint and of the outcome of the complaint.
10.11 These Complaint Rules govern complaints regarding defects that occur in the goods within twenty-four (24) months of receipt or under a quality warranty (e.g., an extended warranty).
10.12 These Complaint Rules do not apply to goods with a specified expiration date within the meaning of Section 10.15 of these Terms and Conditions.
10.13 If the seller fails to remedy the defect in a timely manner or refuses to remedy the defect, the buyer may request a discount on the purchase price or may withdraw from the purchase contract.
10.14 The buyer may file a complaint and, at their discretion, request resolution in accordance with the provisions of Section 6.6 of the seller’s Terms and Conditions.
10.15 The Buyer is entitled to exercise their rights arising from a defect that occurs in the goods within twenty-four (24) months of receipt. However, if the goods do not have a specified expiration date, the period is shortened to the expiration date indicated on the packaging.
10.16 If the Buyer so requests, the Seller shall confirm in writing the scope and duration of its obligations in the event of defective performance. The Seller’s obligations arising from defective performance shall extend at least to the same extent as the manufacturer’s obligations arising from defective performance.
10.17 If necessary, the seller shall explain in the confirmation, in a comprehensible manner, the content, scope, conditions, and duration of its liability, as well as the manner in which the rights arising therefrom may be exercised. In the confirmation, the seller shall also state that the buyer’s other rights related to the purchase of the item remain unaffected.
Failure to fulfill these obligations does not affect the validity of the confirmation.
These Complaint Rules take effect on July 25, 2022
Mailing address for sending a notice of withdrawal from the contract: info@newtechnology.cz, Jaclab s.r.o., P.O. Box 34, Prague 517 15521, Czech Republic