This Complaints Procedure has been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll, Consumer Protection Act, as amended (hereinafter referred to as "the Act") and applies to consumer Goods (hereinafter referred to as "Goods") for which the Buyer's rights under liability for defects are exercised during the warranty period (hereinafter referred to as "Claims"). A consumer is any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with a business or otherwise deals with a business. The Seller is the trading company 3D Production, s.r.o. (see contact details), which, when concluding and performing the contract, acts within the scope of its trade or other business and supplies the Buyer with products or services. The customer of the online shop is either a consumer Buyer or a Buyer who acts within the scope of his/her trade or other business activity when concluding and performing the contract.
Defects in the goods
The seller is liable to the consumer that the item is free from defects upon receipt. In particular, the seller is liable to the consumer that at the time the consumer took delivery of the item,
the goods have the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the item is in adequate quantity and the item complies with the requirements of the law.
Rights arising from defects in the goods
If the item does not have the above-mentioned characteristics, the consumer may also demand the delivery of a new item without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only a part of the item, the consumer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the consumer shall have the right to have the defect remedied free of charge. The consumer shall also have the right to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly because of the recurrence of the defect after repair or because of a greater number of defects. In such a case, the consumer also has the right to withdraw from the contract. If the consumer does not withdraw from the contract or does not exercise the right to have a new item delivered free of defects, to have a part of the item replaced or to have the item repaired, he may claim a reasonable discount. The consumer is also entitled to a reasonable discount if the seller is unable to supply him with a new item without defects, to replace a part of the item or to repair the item, and if the seller fails to remedy the defect within a reasonable time or if it would cause the consumer considerable difficulty to remedy the defect. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the goods that the goods were defective or if the buyer caused the defect.
The consumer shall be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The warranty period begins upon receipt of the Goods by the Customer. The warranty period for a Consumer Buyer is 24 months, but for a Buyer who is acting in the course of his trade or other business when concluding and performing the contract, the warranty period is only 12 months. The warranty period shall be extended by the period during which the Goods have been under warranty repair. In case of replacement of the Goods, a new warranty period starts.
The seller's liability for defects does not apply to wear and tear caused by the normal use of the item, in the case of an item sold at a lower price to the defect for which the lower price was agreed, in the case of a used item to the defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer, or if it results from the nature of the item. At the request of the consumer, the Seller is obliged to provide the consumer with written confirmation of the obligations arising from the defective performance to the extent provided by law (warranty certificate). If the nature of the item so permits, it is sufficient to issue the Buyer with a proof of purchase of the item containing data (invoice) instead of the warranty certificate, which must contain the same data as the warranty certificate. The warranty certificate must contain the name or business name of the Seller, the registration number and the registered office. If a warranty longer than the statutory warranty is provided, the Seller shall specify the terms and extent of the extension of the warranty in the warranty certificate. The consumer is entitled to withdraw from the contract in all cases provided for by the Act. Withdrawal is effective against the Seller from the moment when the Buyer's statement of withdrawal is delivered to the Seller, provided that all necessary legal conditions are met. In the event of withdrawal from the contract, the contract shall be cancelled from the outset and the parties shall be obliged to reimburse each other for everything they have provided to each other on the basis of the contract. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer shall return the performance provided by the Seller only to the extent that this is objectively possible in the given situation.
In case the Buyer uses his right to require the removal of defects in the goods by repair, he does so either in person during working hours at the Seller's premises or by sending it to the Seller's premises in Prague 5, Postal Code 152 00, Hlubočepská 1077/32. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the Buyer shall be entitled to the same rights as if it were a material breach of contract. The time limit for the settlement of claims is suspended if the Seller has not received all the documents necessary for the settlement of the claim (parts of the goods, other documents, etc.). The Seller is obliged to request supplementary documents from the Buyer as soon as possible. The time limit is suspended from this date until the Buyer delivers the requested documents. In the event that the Goods need to be sent to the Seller, the Buyer shall, in its own interest, ensure that the Goods are packed in suitable and sufficiently protective packaging material that meets the requirements of transporting fragile Goods, including all accessories, and shall mark the shipment with the appropriate symbols. The Seller shall invite the Buyer to take delivery of the repaired Goods after the Claim has been duly settled.
The right to invoke the warranty shall be void in the event of improper assembly or in the event of improper or manifestly negligent handling of the goods.
In the event of withdrawal from the purchase contract or the granting of a discount on the purchase price, the relevant payment is refunded to the Buyer by transfer to a bank account or handed over in cash at the cash desk at the company's premises
This Complaints Procedure shall come into force on 15 May 2023. Subject to change.