Complaints Code

 

seller Anežka Juhová

seat address: Prague 5, Smíchov, Pod Hybšmankou 2818/3

contact address: Prague 7, Malířská 9

identification number: 09667946

telephone number: +420 731 903 601

e-mail: studio@anezkajuhova.com

for goods purchased through the e-shop located at the internet address anezkajuhova.com

I. Introductory Provisions

1. This complaint procedure (hereinafter referred to as the " complaint procedure "), the seller, Anežka Juhová, se registered office: Prague 5, Sm íchov, Pod Hybšmankou 2818/3, contact address: Prague 7, Malířská 9, ID number: 09667946 governs the exercise of rights arising from defective performance and claims arising in connection with or on the basis of a purchase contract (hereinafter referred to as the " purchase contract ") concluded between the seller and another person (hereinafter referred to as the " buyer "), the subject of which is the purchase of products by the seller through the online store, the seller from of this online store (hereinafter referred to as "goods" ). The online store is operated by the seller on a website located at the internet address anezkajuhova.cz .

2. The buyer is a consumer - a natural person who is in a contractual relationship with the seller, i.e. has concluded a contract with the seller for the purchase of goods. 

3. In case of suspicion of a defect in the goods, the buyer contacts the seller in person at the address: Prague 5, Smíchov, Pod Hybšmankou 2818/3, by phone at +420 731 903 601 or by e-mail at studio@anezkajuhova.com , giving detailed information about the detected defect via the Complaint form, which is available HERE . The seller will provide the buyer with the necessary support in removing the defect, and if the defect is not removed in this way, the buyer is entitled to make a claim in the following way:

• a. the buyer is obliged to pack the goods properly and carefully;

• b. the buyer adds a printed copy of the proof of purchase (invoice) and a deception form to the package

• c. the buyer sends the goods to the address: Anežka Juhová studio, Malířská 9, Prague 7, 170 00.

4. The defect can be blamed on the seller from whom the goods were purchased. The seller is also obliged to accept the complaint in any of its establishments, in which the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its headquarters.                                            

5. In the event of a complaint, the seller will issue a written confirmation to the buyer of when the buyer exercised the right, what the content of the complaint is and what method of handling the complaint the buyer requests.

 II. Quality upon receipt

1. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that the goods: 

• a. corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,

• b. is suitable for the purpose for which the buyer requires it and to which the seller has agreed, a

• c. is delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

2. The seller responds to the buyer that, in addition to the agreed properties:

• a. the goods are suitable for the purpose for which goods of this type are usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,

• b. the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same type that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular through advertising or designation, unless the seller proves that she was not aware of it or that it was modified at the time of the conclusion of the purchase contract in at least a comparable manner as it was made, or that it could not have influenced the purchase decision,

• c. the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, and

• d. the goods correspond to the quality or design of the sample or template that the seller provided to the buyer before the conclusion of the purchase contract.

3. The previous paragraph does not apply if the seller has separately warned the buyer before concluding the purchase contract that some property of the goods is different and the buyer has expressly agreed to this when concluding the purchase contract.

4. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or under its responsibility according to the purchase contract.

III. Rights from defective performance

1. If a defect becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the period during which the buyer cannot use the goods, if he has justly complained about the defect.

2. The buyer can complain about a defect that appears on the goods within two years of receipt. If the buyer complains to the seller about a defect, the period for pointing out the defect in the goods does not run for the period during which the buyer cannot use the item.

3. If the goods have a defect, the buyer can request its removal. At its option, it may demand the delivery of new goods without defects or the repair of goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the importance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the goods would have without the defect.

4. The seller will remove the defect within a reasonable time after it has been pointed out so that it does not cause significant inconvenience to the buyer, taking into account the nature of the goods and the purpose for which the buyer purchased the goods. To remove the defect, the seller will take over the goods at his own expense. If this requires the disassembly of the goods, the assembly of which was carried out in accordance with the nature and purpose of the thing before the defect became apparent, the seller will dismantle the defective goods and assemble the repaired or new goods, or cover the costs associated with it.

5. The buyer may request a reasonable discount or withdraw from the purchase contract if:

• a. the seller refused to remove the defect or did not remove it in accordance with the previous paragraph,

• b. the defect manifests itself repeatedly,

• c. the defect is a material breach of the purchase contract, or

• d. it is obvious from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.

6. If the item's defect is insignificant, the buyer cannot withdraw from the purchase contract; it is considered that the defect of the goods is not insignificant. If the buyer withdraws from the purchase contract, the seller will return the purchase price to the buyer without undue delay after receiving the goods or after the buyer proves to him that he has sent the goods.

IV. Exclusions 

1. Defect rights do not apply to, among others, defects:

• a. by normal wear and tear, unprofessional handling (including unauthorized interference with the item) and use contrary to the relevant instructions - the terms of care for the goods can be found HERE;

• b. caused by external influences (especially natural influences – e.g. a thin oxidation layer can form on silver when in contact with air);

• c. caused by the buyer or third parties; 

V. Complaint settlement

1. The seller is obliged to issue a written confirmation to the buyer stating the date and place of the complaint, the nature of the alleged defect and the method of settlement requested by the buyer.

2. The buyer can find out about the status of the complaint procedure in the contacts listed on the complaint protocol, which the seller issues to him when receiving the product for the complaint procedure.

3. The seller will handle the complaint, including the removal of the defect, no later than thirty (30) days after its application, unless otherwise agreed in writing with the buyer. The futile expiration of this period is considered a material breach of the contract and gives the buyer the right to withdraw from the contract.