COMPLAINS REGULATIONS
PAR EXCELLENCE
operator HANAH MARIAH s.r.o.
PREAMBLE
A minor defect in the fabric which is marked and compensated by the addition of 10 cm of fabric or a discount corresponding to the deduction of 10 cm of fabric is not considered a claim defect.
Please check your goods on receipt before processing.
Under no circumstances will a claim apply to goods that have been cut or otherwise altered. We are not liable for defects caused by improper handling or use. All necessary information on composition and maintenance can be found in the catalogue for each item and in the maintenance of materials section.
We will replace defective goods free of charge, provided the above conditions are met. In this case, you must contact us at our telephone number immediately after receipt of the shipment.
1. INTRODUCTORY PROVISIONS
The Buyer's rights under liability for breach of contract and liability for defects in the goods (hereinafter referred to as claims) must always be exercised in accordance with this Claims Procedure as amended, which is an integral part of the purchase contract between the Seller and the Buyer. The Seller is obliged to inform the Buyer of the contents of the Complaints Procedure in an appropriate manner (posting in the shop, on the company's website).
In the event that the Buyer discovers that the textile goods do not comply with the purchase contract upon receipt or if a defect occurs in the textile goods, the Buyer may file a claim with the Seller.
The following shall not be deemed to be a breach of the contract of sale or a defect in the textile goods and a claim cannot be made if:
- the change in the characteristics of the textile goods is due to wear and tear or improper use, storage, improper intervention or mechanical damage
- the change in the characteristics of the textile goods is due to failure to carry out the necessary maintenance or to improper maintenance
- the claim relates to a defect for which a lower price was agreed
- the textile goods are worn out within their use value
2. HOW TO CLAIM GOODS
The buyer can make a claim at the seller's place of business, which is also the place of business.
The buyer should make a claim without undue delay immediately after the defect has been discovered, in the case of metre-long textiles before they are cut.
If the nature of the defect in the material does not allow its detection before the textile is processed, the buyer is obliged to discontinue further processing immediately after the defect is detected.
If the buyer continues to process the textile after the defect has been detected and causes more extensive damage, the claim will not be accepted.
The claim will also not be accepted if the buyer continues to use the goods after the defect has been detected and causes more extensive damage.
The Seller is obliged to ensure the presence of a claims officer in the shop at all times during business hours.
The buyer is obliged to prove that his claim for the settlement of the claim is justified, i.e. to prove the place and time of purchase and the price of the textile goods purchased. The buyer shall provide proof of the above by means of a sales receipt or other credible means.
The buyer is responsible for ensuring that the textile goods complained of are handed over for complaint settlement in a condition that complies with general hygiene principles. Otherwise, the seller is entitled to refuse to process the claim. However, care must be taken to ensure that the maintenance (e.g. washing) of soiled textile goods does not change the nature of the defect complained of.
3. WARRANTY PERIOD
The period for claim (warranty period) is 24 months and starts at the moment of receipt of the goods by the buyer.
The right to make a claim shall lapse if it is not made within the warranty period.
The period from the time of claim to the time when the buyer is obliged to take over the goods after the repair is completed is not included in the warranty period.
If the textile goods are replaced, the warranty period starts again from the time of receipt of the goods.
The warranty period is not to be confused with the service life of the textile goods, i.e. the period of time for which they can last with proper use and maintenance, given their characteristics, their purpose and the intensity of use.
4. HANDLING OF COMPLAINTS
The Seller is obliged to decide on the validity of the complaint immediately, in more complex cases within 3 working days. This time limit does not include the time required for a professional assessment of the defect.
The Seller is obliged to issue the Buyer with a confirmation stating the time and place of the claim, the characteristics of the defect and the method and time limit for the settlement of the claim.
The complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the buyer and the seller agree on a longer period. After the expiration of this period, the buyer has the same rights as if it were a defect that cannot be removed.
The Seller is entitled to decide on the claim itself and is not obliged to comply with the Buyer's request for a third party to assess the validity of the claim.
The Buyer may not hand over the goods to a third party for repair without the Seller's consent. In such case, the Buyer shall lose the right to free repair.
The Buyer is obliged to take delivery of the goods on the date indicated on the confirmation of the complaint. If the buyer fails to collect the goods within six months of the date indicated and if he has been asked to collect the goods at least once during this period, the seller has the right to dispose of the goods.
5. CONTRADICTION WITH THE CONTRACT OF SALE
In the event that the textile goods are not in conformity with the contract of sale upon receipt by the buyer, the buyer shall have the right to have the seller restore the goods to a condition corresponding to the contract of sale free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the buyer.
If this is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the breach of the contract of sale or caused the breach of the contract of sale.
A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to have already existed at the time of receipt, unless this is contradicted by the nature of the textile goods or the contrary is proven.
6. REMOVABLE DEFECTS
Defects, the removal of which does not affect the appearance, function and quality of the textile goods and the repair can be properly carried out within the specified period of time are removable defects. It is for the seller to assess the nature of the defect.
In such a case, the seller is obliged to remove the defect free of charge and without undue delay and to repair the goods.
The buyer may only request replacement of the goods if this is not disproportionate due to the nature of the defect.
If the aforementioned method is not possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the purchase contract.
If the same removable defect appears in the textile goods after at least two previous repairs or if at least three removable defects appear in the textile goods at the same time, the buyer shall have the same rights as if the defect were irremovable.
7. IRREMEDIABLE DEFECTS
Defects which cannot be remedied and which prevent the proper use of the textile goods are irremovable defects.
In such a case, the buyer is entitled to demand a replacement of the goods or, if this is not possible, to withdraw from the contract (the buyer returns the defective goods and receives a refund of the purchase price).
In the case of other irremovable defects of the goods, which, however, do not prevent their use, the buyer is entitled to a reasonable discount on the price of the textile goods.
8. GOODS SOLD AT LOWER PRICES
Goods which have defects which do not prevent the product from being used for its intended purpose must only be sold at lower prices. The seller is obliged to notify the buyer that the product has a defect and to specify what the defect is. The seller is not liable for defects in the goods for which a lower price has been agreed.
If the goods sold at a lower price have a hidden defect that prevents their functional use for their intended purpose, the Buyer has the right to claim the product in accordance with Articles 2, 3, 4, 5, 6 and 7 of these Complaints Regulations.
If there is any other irremovable defect in the goods sold at a lower price, but which does not prevent their use for the purpose for which they are intended, the buyer is entitled to a reasonable discount on the price of the product, In the case of metre-long textiles, the buyer is entitled to have 10 cm of fabric added free of charge for each defect, or to a reduction in the price of the required metre-long fabric by an amount equal to the price of 10 cm of the goods.
9. DISPUTE RESOLUTION
If the Seller rejects the claim as unjustified, or if another dispute arises during the claim procedure, the Buyer is entitled to contact a textile expert and request an opinion on the validity of the claim.
In the event that the Seller does not accept the aforementioned expert's opinion or submits a different opinion to the Seller, both parties shall have the right to apply to the competent court.
The Complaints Regulations is effective as of: 1 January 2021