PRECIOSA – LUSTRY, a.s., ID 00012645, with its registered office at Nový Svět 915, 471 14 Kamenický Šenov, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem – Liberec Branch, Section B, File 37 (hereinafter referred to as "PRECIOSA"), tel: +420 488 113 111, e-mail: hereby informs the consumer (hereinafter referred to as the "Buyer") of the rights arising from defective performance in connection with the purchase of PRECIOSA’s goods (hereinafter referred to as "goods").
Goods purchased from PRECIOSA by a legal entity or a natural person in the course of its business are not covered by this Complaints Procedure.
1. RIGHTS FROM DEFECTIVE PERFORMANCE
1.1 PRECIOSA is responsible to the consumer that the goods are free from defects upon receipt. In particular, PRECIOSA is liable to the consumer that the goods:
a) corresponds to the agreed description, type and quantity, as well as quality, functionality and other agreed properties,
b) is suitable for the purpose which the consumer requires and with which PRECIOSA has agreed, and
(c) it is supplied with agreed accessories and instructions for use, including assembly or installation instructions.
1.2 PRECIOSA is also liable to the consumer that, in addition to the agreed properties:
(a) the goods are fit for the purpose for which they are normally used, including with regard to the rights of third parties, legislation, technical standards or industry codes of conduct, in the absence of technical standards;
b) the quantity of the goods, the quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same type that the consumer can reasonably expect, even with regard to public statements made by PRECIOSA or another person in the same contractual chain, in particular by advertising or labelling,
(c) the goods are supplied with accessories, including packaging, installation instructions and other instructions for use that the consumer can reasonably expect, and
d) the goods correspond in quality or design to the sample or template that PRECIOSA provided to the consumer before the contract was concluded.
1.3 If a defect occurs within one year of receipt, the goods are deemed to have been defective at the time of receipt, unless the nature of the goods or defects preclude it. This period does not run for the period during which the consumer cannot use the goods if he has rightfully complained about the defect.
1.4 PRECIOSA is also liable to the consumer for a defect caused by improper assembly or installation performed by PRECIOSA or under its responsibility under the contract. This also applies if the assembly or installation was carried out by a consumer and the defect occurred as a result of a defect in the instructions provided by PRECIOSA.
1.5 The consumer may complain of a defect that occurs on the goods within twenty-four months of receipt. The right of defective performance does not belong to the consumer if he caused the defect himself. Wear and tear of the goods is not a defect.
1.6 If the goods have a defect, the consumer may request its removal. At his/her option, he/she may require the delivery of new goods without defect or the repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; This shall be assessed in particular with regard to the significance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in the second way without significant inconvenience for the consumer. PRECIOSA may refuse to remove a defect if it is impossible or disproportionately expensive to do so, especially with regard to the significance of the defect and the value that the goods would have without the defect.
1.7 PRECIOSA will remove the defect within a reasonable time after its complaint so that it does not cause significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer purchased the goods. To remedy the defect, PRECIOSA will accept the goods at its own expense. If the disassembly of goods installed by PRECIOSA is necessary, PRECIOSA shall dismantle the defective goods and assemble the repaired or new goods, or shall pay the associated costs.
1.8 The consumer may request a reasonable discount or withdraw from the contract if:
a) PRECIOSA has refused to remove the defect or has not removed it,
b) the defect occurs repeatedly,
c) the defect is a material breach of contract, or
d) it is clear from PRECIOSA's statements or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience for the consumer.
1.9 A reasonable discount is determined as the difference between the value of the goods without defect and the defective goods received by the consumer. The consumer cannot withdraw from the contract if the defect of the goods is insignificant. If the consumer withdraws from the contract, PRECIOSA will return the purchase price to the consumer without undue delay after receiving the goods or after the consumer proves that he has sent the goods.
1.10 PRECIOSA will issue the consumer with a confirmation of the quality guarantee (warranty certificate) in text form at the latest upon receipt of the goods.
1.11 PRECIOSA is not liable for defects
a) which are self-inflicted by the consumer;
b) caused by a third party;
c) arising after the expiry of the statutory or agreed warranty period;
d) caused by use contrary to the instructions for the use of the goods, with the instructions contained in the Assembly Instructions, the Maintenance and Cleaning Manual and other documents that are part of the packaging of the goods;
e) caused by improper handling of the goods, installation of the goods by the consumer, damage during further transport, interference with the goods or the fastening and securing elements of the goods;
f) caused by an accident, external influences, fire, water, chemicals, storage or use of goods in insufficiently insulated areas where condensed moisture may occur;
g) caused by the storage or use of goods outside the temperature range of -20 °C to 45 °C;
h) parts that are subject to tear and wear, such as batteries, light bulbs, electrical parts of goods, etc.
1.12 A slight deviation from the product specifications is not a defect of the goods.
1.13 Complaints about defects are filed by the consumer at any PRECIOSA establishment, at the registered office or place of business of PRECIOSA, or at the shop of a sales representative where the consumer purchased the goods.
1.14 The consumer is obliged to carefully check whether the goods have obvious quality or quantitative defects as soon as possible after receiving the goods.
1.15 As soon as a consumer discovers a defect, he/she shall complain to PRECIOSA without undue delay and hand over the goods to PRECIOSA, or keep them in accordance with PRECIOSA's instructions, or otherwise dispose of them appropriately so that the defect can be reviewed. The notification of the defect must be supported by a description of the defect, in particular a description of how the defect manifests itself, and documents on the purchase. PRECIOSA recommends to provide a photo documentation of the defect.
1.16 If, when the consumer first opens the outer packaging of the goods, he/she finds that the goods are damaged, broken or show defects at first sight, he/she will leave the goods in their original packaging and photograph them and hand over the photo to PRECIOSA.
1.17 PRECIOSA is obliged to provide the consumer with a written confirmation of when the consumer exercised the right, what the content of the complaint is, and what method of settling the complaint the consumer requires; and a confirmation of the date and method of settling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out repairs.
1.18 PRECIOSA will decide on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of goods needed for expert assessment of the defect. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date on which the complaint was filed, unless PRECIOSA agrees with the consumer on a longer period of time.
2.1 The goods are marked with the price or the price of the goods is stated in the price list, which is made available to the consumer in the PRECIOSA shop, in the PRECIOSA sales representative's shop and on the https://eshop.preciosalighting.com. The price includes VAT and other mandatory payments.
3. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES
3.1 In the event that a consumer dispute arises between PRECIOSA and a consumer arising from a contract that cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of the dispute with the Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, Email: , Web: adr.coi.cz.
3.2 European Consumer Centre Czech Republic, with its registered office at Štěpánská 15, 120 00 Prague 2, web: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21.5.2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).