The seller Bosé boty s.r.o., ID number 21121141, with its registered office at Československé armády 422, 29441 Dobrovice (hereinafter referred to as the "seller"), issues this complaints procedure:
INTRODUCTION
When selecting goods, it is necessary that the chosen type, shape, and size of the goods precisely meet the customer’s needs. The customer should consider the purpose of use, design, material composition, and care instructions before purchasing the goods. Only goods that are properly selected in terms of functionality, range, and size are the prerequisite for fulfilling their full utility value and intended purpose.
The customer has the right to have the goods, which are the subject of the purchase, inspected before them, especially to check whether it has the required quality, functionality, and fully meets the customer’s legitimate requirements. If the customer finds any defects in the goods during the inspection, they should immediately inform the authorized staff.
During the entire usage period of the purchased goods, the customer must pay sufficient attention to the basic rules for using these goods, which are customary or have been pointed out by the seller. Particularly, the customer must consider all factors that negatively affect the full functionality and lifespan of the goods, such as excessive use, improper use, or improper treatment, etc.
To maintain the good functional properties, quality, and utility value of the goods, frequent switching and regular maintenance are necessary. Improper or insufficient maintenance significantly shortens its full functionality and lifespan. Through purchase receipts, informational leaflets, or info labels, other informational materials, and specific recommendations from its employees, the company provides its customers with enough information to properly care for all types of goods sold.
Various cleaning products and maintenance solutions offered in the seller’s stores are intended to ensure proper care and maintenance of the goods.
1. RIGHT TO MAKE A COMPLAINT
1.1. A buyer who is a legal entity and also a physical person who makes an order in connection with their self-employment is considered an Entrepreneur for the purposes of this complaints policy. A buyer whose orders significantly exceed the amount typical for ordinary use is also considered an Entrepreneur.
1.2. Goods that show defects at the time of receipt by the buyer, as well as goods that show defects after receipt during the warranty period (except for cases specified in the Civil Code), can be complained about. The buyer must report the complaint without unnecessary delay immediately after discovering the defect.
1.3. Complaints can be made about defects arising during the warranty period due to manufacturing errors, technological procedures, or other circumstances specified by law.
1.4. The complained goods must be cleaned, free of dirt, and in accordance with hygiene regulations or general hygiene principles. Otherwise, the complaint may be rejected.
1.5. Buyers who are also Entrepreneurs do not have rights under this complaints policy exceeding the rights specified in relevant legal regulations.
1.6. The complaint does not cover:
2. PLACE AND CONDITIONS FOR FILING A COMPLAINT
2.1. Complaints can be filed at any of the seller's establishments, either: (i) in person, (ii) by sending via mail or another carrier.
2.2. When filing a complaint by mail, the buyer must send a completed Complaint Form along with the goods and prove that the goods were purchased from the seller.
2.3. Proof of purchase is provided by the buyer via a sales receipt or warranty card.
2.4. The defect that is the subject of the complaint must be clearly defined or described in the complaint protocol by the buyer.
2.5. The buyer is obliged to follow the commonly known rules for using the goods, as well as the conditions specified in the warranty card or usage manual, and must not break any seals if the goods are sealed. If these conditions are not met, the complaint cannot be accepted.
2.6. The seller is not responsible for defects for which a discount was granted at the time of receipt.
3. SELLER’S RESPONSIBILITY
3.1. When selling goods to the buyer, the seller is responsible for ensuring that:
3.2. The seller is responsible for defects in the goods at the time of receipt and for defects that occur within the warranty period for consumers.
3.3. The seller is not responsible for defects that arise after the receipt of the goods within the warranty period due to:
3.4. The staff of the complaints and information department will decide on the complaint immediately, or within three working days in complicated cases. This period does not include the time needed for expert assessment of the defect (§ 19, paragraph 3 of the Consumer Protection Act).
4. TIME LIMITS FOR FILING A COMPLAINT
4.1. The buyer, excluding Entrepreneurs, has the right to file a complaint within 24 months from the receipt of the goods.
4.2. However, if a usage period is marked on the goods, packaging, or manual, the warranty period ends upon the expiration of that period.
4.3. The period from the filing of the warranty claim until the buyer is required to take the goods back after the repair is not included in the warranty period.
4.4. Rights related to defects in goods subject to a warranty period expire if not claimed during the warranty period.
4.5. If a defect occurs within six months from receipt, it is presumed that the item was defective at the time of receipt. This provision does not apply to Entrepreneurs.
5. REMOVABLE DEFECTS
5.1. If the defect can be removed, the buyer has the right to have it repaired free of charge, promptly, and properly. The seller is obligated to remove the defect without unnecessary delay. If this is unreasonable due to the nature of the defect, the buyer can request a replacement or, if the defect concerns only a part of the goods, the replacement of that part. If this is not possible, the buyer may request a reasonable discount on the price or withdraw from the purchase agreement.
5.2. If the defect is removable, but the buyer cannot use the goods properly due to the recurrence of the defect after repair or the large number of defects, the buyer has the right to request a replacement of the goods or withdraw from the purchase agreement. A defect is considered to have recurred if the same defect, which has been repaired at least twice during the warranty period, occurs again. The same defect is considered when the defect manifests the same properties in the goods, regardless of how it was repaired. If a different defect appears after a previous repair, it is not considered the same defect.
6. NON-REMOVABLE DEFECTS
6.1. If the defect cannot be removed and prevents the goods from being used properly, the buyer has the right to request a replacement of the goods or withdraw from the purchase agreement.
6.2. For other non-removable defects (which do not prevent proper use of the goods), and if the buyer does not request a replacement, the buyer has the right to a reasonable discount on the price or may withdraw from the purchase agreement.
6.3. Defects in food, fruit, and vegetables are considered non-removable.
7. HANDLING THE COMPLAINT
7.1. The complaint must be resolved within 30 days of the complaint being filed, unless a longer period is agreed upon. After this period, the buyer has the same rights as if the defect were irreparable (§ 19, paragraph 3 of the Consumer Protection Act).
7.2. If no period for handling the complaint is agreed upon between the buyer and the seller, the buyer has the right to pick up the complained item no later than the 30th day after filing the complaint.
7.3. The buyer is required to pick up the complained item no later than one month after the 30th day of filing the complaint or within one month after the agreed period for resolving the complaint.
7.4. If the buyer has not provided contact information or is difficult to reach and does not pick up the goods within six months of the complaint being resolved, the seller is entitled to sell or dispose of the goods without written notice to the buyer.
7.5. The seller may use part of the proceeds from the sale of the goods to cover the costs of storing or disposing of the goods and must return the remaining part of the proceeds to the buyer upon request.
8. SELLER'S NOTICE
8.1. The seller warns that the buyer may find further details on their rights in the Civil Code.
8.2. A defect is defined as something that does not meet the quality specifications outlined in the purchase contract. A defect is not considered if the product wears out due to regular use or natural wear based on the length and manner of use.
8.3. At the buyer's request, the seller is required to provide a warranty in writing; if the nature of the item allows, it is sufficient to issue a proof of purchase (containing the seller's name and surname, company name or trade name, identification number, and the address of the legal entity or the residence of the individual) instead of a warranty certificate.
8.4. The seller may provide a warranty that exceeds the statutory warranty period; in the warranty certificate, the seller will specify the conditions and extent of the warranty extension.
8.5. Failure to meet the obligations regarding the issuance of a warranty certificate does not affect the validity of the warranty.
8.6. If necessary for the provided warranty, the seller will explain the content of the warranty in the warranty certificate, specifying its scope, conditions, duration, and the method for submitting claims arising from it.
8.7. If a use-by date is indicated on the item, its packaging, or the accompanying instructions in accordance with special legal regulations, the warranty period ends when that date expires.
8.8. The warranty does not cover wear and tear caused by regular use of the item or defects for which a lower price has been agreed.
8.9. For used items, the seller is not responsible for defects corresponding to the degree of use or wear the item had when the buyer took possession.
Česká obchodní inspekce
Ústřední inspektorát - oddělení ADR
Štěpánská 15
120 00 Praha 2
Email: adr@coi.cz