Complaints Procedure

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General Provisions

The Complaints Procedure (hereinafter referred to as the „Complaints Procedure“) of Mateza spol. s r. o., with registered office at Pod Kyjovskou 4166, Havlíčkův Brod 580 01, ID No.: 15059278, Tax ID No.: CZ15059278, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Insert 1312 (hereinafter referred to as the „Seller“), applies to all deliveries of goods by the Seller to customers carried out within the Seller's business activities in brick-and-mortar and online stores. The Buyer's rights arising from defective performance (hereinafter referred to as a „claim“) must always be exercised in accordance with this Complaints Procedure.
A Customer means a buyer – consumer or buyer – entrepreneur (hereinafter together also referred to as the „Buyer“). A Buyer-consumer is any individual who enters into a contract with the Seller outside the scope of their business activity or outside the scope of independent exercise of their profession. A Buyer-entrepreneur is anyone who independently carries out a gainful activity on their own account and responsibility in a trade or similar manner with the intention of doing so systematically for the purpose of making a profit. Any person who enters into contracts related to their own business or manufacturing activity or during the independent exercise of their profession, or a person acting on behalf or for the account of an entrepreneur, is also considered an entrepreneur. Unless this Complaints Procedure provides otherwise, the buyer's rights and obligations set out in this Complaints Procedure apply to both the „buyer-consumer“ and the „buyer-entrepreneur“.
This Complaints Procedure forms an integral part of the Seller's Terms and Conditions. II.

Seller's Liability

The rights and obligations of the Seller and the Buyer arising from liability for defects in the goods that were the subject of the contract (hereinafter also referred to as „goods“ or „subject of the contract“), as well as their exercise, shall be governed by this Complaints Procedure, the Seller's Terms and Conditions, and the purchase agreement concluded between the seller and the buyer. In matters not expressly regulated, rights and obligations shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended.
The current valid version of the Seller's Complaints Procedure is always published on the Seller's website www.mateza.cz

Seller's Liability for Defects in Goods (Quality upon Receipt)

The rights and obligations of the contracting parties arising from the Seller's liability for defects, including warranty liability for quality, are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Section 2117.
The Seller is liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer took over the Goods:
1. the Goods have the characteristics agreed upon by the parties, and in the absence of an agreement, such characteristics that the contractor or manufacturer described or that the customer expected with regard to the nature of the goods,
2. the Goods are suitable for the purpose stated by the contractor for its use, or for which an item of this kind is usually used,
3. the Goods are in the corresponding quantity, measure or weight, and
4. the Goods comply with legal requirements
Rights arising from liability for defects in Goods
1. In the case of ordering via e-shop:
  Apparent damage to the Goods or their packaging upon delivery must be dealt with immediately with the carrier and any discrepancies recorded in the handover protocol (consignment note). The Buyer is not obliged to accept such Goods from the carrier and shall inform the Seller of the discovered damage without undue delay. On the day of receipt, the Buyer shall properly inspect the integrity of the Goods and the completeness of their accessories.
2. In the case of personal pickup:
  In the case of personal pickup by the Buyer, the moment of receipt of the Goods is the moment when the risk of damage to the Goods passes from the Seller to the Buyer. If the Buyer does not inspect the Goods upon receipt, they may exercise claims arising from defects discoverable during such inspection only if they prove that the Goods had these defects (e.g. missing accessories) already at the time of the transfer of risk of damage to the Goods. Subsequent claims regarding the incompleteness of the Goods or external damage to the Goods do not deprive the Buyer of the right to claim the item. However, the Seller has the option to prove that there is no breach of the purchase contract.
3. The Buyer may submit a claim for the Goods in person at all branches of the Seller or send the claimed goods by shipping service to the address: Mateza spol. s r.o., Pod Kyjovskou 4166, 580 01 Havlíčkův Brod
4. If the Buyer sends the Goods to the Seller via a shipping service, they should, in their own interest, pack the claimed Goods in suitable and sufficient protective packaging material complying with transport requirements so that damage does not occur during transport. We recommend attaching a copy of the sales receipt, a detailed description of the claimed defect, and correct contact details of the Buyer.
5. The Buyer is obliged to demonstrate in a verifiable manner that the Goods were purchased in the online store or at a shop of Mateza spol. s r.o.
6. Rights arising from liability for defects in Goods do not apply in particular to cases where the fault or damage was caused by:
  - Mechanical damage
  - Natural disaster
  - Verifiably by use in conditions that do not correspond in temperature, dustiness, humidity, chemical and mechanical influences to the environment specified directly by the manufacturer or clearly resulting from the nature of the item
  - Verifiably by unprofessional installation and operation
7. The Buyer may exercise their rights arising from defective performance within 24 months of receipt of the goods. The Buyer shall exercise their rights from defective performance without undue delay after discovering that the goods have a defect. The Seller is not liable for an increase in the scope of damage if the Buyer uses the goods despite knowing about the defect. If the Buyer legitimately claims a defect against the Seller, the period for exercising rights arising from defective performance does not run for the duration that the goods are under repair and the Buyer cannot use them.

Warranty Period

The Buyer is entitled to exercise the right arising from a defect that occurs in consumer Goods within a period of 24 months from receipt of the Goods.
The warranty period starts upon receipt of the Goods by the Buyer. The warranty period is extended by the time during which the Goods were under repair. In the case of replacement of the Goods as part of a warranty repair, the original warranty period continues.
If the purchased Goods are to be put into operation by an entrepreneur other than the Seller, the warranty period shall begin only on the day the Goods are put into operation, provided that the Buyer ordered the commissioning no later than three weeks from receipt of the item and properly and timely provided the cooperation required to perform the service. The date of commissioning the Goods is indicated in the commissioning document received by the Buyer. The start of the warranty period is thus postponed only if all the above conditions are met. If any of them is not met, the warranty period begins on the day of receipt of the item.

Claims

The quality warranty period is 24 months from the date of receipt by the Buyer. The period during which the Buyer cannot use the defective item, i.e. from filing a claim with the seller until the time when the buyer is obliged to collect the item from the claim process, is not counted towards the time limit for exercising rights from defective performance (into the warranty period). In the case of replacement of goods as part of a warranty repair, the original warranty period continues (a new warranty period does not start after the replacement of goods).
1. Seller's liability for defects (for quality upon receipt) does not apply:
2. to normal wear and tear of the goods due to their use
3. to cases of improper use of the goods, i.e. in particular to cases of use contrary to the purpose for which it is normally used, contrary to the documentation attached to the goods by the seller,
4. to defects caused by mechanical damage to the goods,
5. to defects caused as a result of using the goods in conditions that do not correspond in temperature, dustiness, humidity, chemical and mechanical influences,
6. to defects caused as a result of unqualified intervention or configuration changes,
7. to defects caused by force majeure.
The Buyer exercises claims arising from liability for defects with the Seller.
1. When making a claim, the Buyer is obliged to state in particular, but not exclusively:
  1. Identification of the contract on the basis of which the claim is exercised in order to prove that the claimed goods were actually purchased in the online or brick-and-mortar store of the seller,
  2. Address and telephone contact (or email) of the buyer, or of a contact person authorized to act on behalf of the buyer, together with an attached written power of attorney authorizing such person to act on behalf of the buyer,
  3. Detailed description of defects of the subject of the contract, including specifying which part of the subject of the contract the defect concerns, or how this defect of the subject of the contract manifests itself,
  4. Which right from defective performance the buyer has chosen.
2. If the notice of claim from the Buyer does not meet any of the above points (or if the buyer-entrepreneur does not hand over the goods to the seller in the original undamaged packaging), the seller shall notify the buyer of the shortcomings of the claim. The Buyer is obliged to ensure the preservation of the subject of the contract in the state as of the date of discovering the defect or filing the claim until the moment of inspection of the claimed defect by an authorized representative of the seller, otherwise they run the risk that the exercised rights from the seller's liability for defects will not be satisfied.
3. The Seller shall issue to the Buyer a written confirmation – a claim protocol, which serves as proof during the settlement of the claim. When drafting the claim protocol, the Buyer is obliged to provide all required details, the completeness and accuracy of which they confirm by signing the claim protocol. The claim protocol contains information on when the claim was exercised, what its content is, and what method of claim settlement is requested by the Buyer-consumer. If the Buyer-consumer sent the product by shipping service, they will receive the claim protocol by email.

Settlement of Claims (Collection of Goods from Warranty Repair) and Reimbursement of Procedure Costs

After the claim is settled, the Seller shall inform the Buyer of this fact either via SMS, email, or telephone. The Seller shall issue the Goods to the Buyer in the same manner as it was delivered to the Seller for claim settlement (i.e. if the Goods were sent by shipping service, it will be sent back to the Buyer's address by shipping service after settlement; if the goods were handed over in person at the Seller's premises, the Buyer is obliged to collect the goods in person).
The Seller shall issue or send the Buyer a written confirmation stating the date and method of claim settlement, confirmation of the repair performed and duration of the claim, or justification for rejecting the claim.
In the event of failure to collect the claimed Goods from warranty repair within 2 months from the expiry of the time when the warranty repair was settled, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each started day of delay in collecting the Goods. The Seller must inform the Buyer in advance of this procedure and provide a reasonable additional period for picking up the goods.
Upon receipt of the Goods after the claim has been settled, the Buyer is obliged to present the document received upon acceptance of the Goods for the claim procedure, or prove their identity.
If the claim is recognized as justified, the Buyer has the right to reimbursement of expediently incurred costs associated with exercising their right.
In the event that the Seller rejects the claim as unjustified, the buyer, or by agreement both parties, may turn to a court expert in the field and request an independent expert assessment of the defect.

Final Provisions

The Buyer's rights under the law are not affected by this Complaints Procedure.
This Complaints Procedure is valid from May 16, 2018 and cancels the validity of previous complaints procedures. In Havlíčkův Brod.

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