Complaints Procedure
Complaints regarding goods are governed by the relevant provisions of the Civil Code and the Consumer Protection Act. It applies to consumer goods for which the buyer-consumer's rights under liability for defects are asserted during the warranty period. If it is determined that the defect constitutes a substantial breach of contract (based on a written assessment by VONIAK's complaints department), the goods will be exchanged for a new item, or the entire amount paid for the goods will be refunded. In such cases, the shipping costs will also be refunded upon presentation of a tax document (simply send the document along with the order number to hello@voniak.com). The shipping costs will be refunded at the rate corresponding to the least expensive delivery method offered for the goods.
Liability for defects in goods does not apply particularly in cases where the defect or damage was caused by:
- mechanical damage to the goods,
- proven unauthorized tampering with the product, a natural disaster, or mechanical damage,
- electrical overvoltage (evident from burnt components or printed circuits), except for normal deviations,
- proven improper use,
- use contrary to the instructions for use or directions on the packaging or warranty card of the product,
- use contrary to generally known usage rules,
- proven use in conditions inconsistent with temperature, dust, humidity, chemical, or mechanical influences directly specified by the manufacturer or clearly implied by the nature of the product,
- proven improper installation or operation,
- if the submitted warranty card shows clear signs of altered information, or if the product has a different serial number than that stated in the warranty card.
The seller's liability for defects does not apply to wear and tear caused by normal use, to goods sold at a reduced price for defects for which the reduced price was agreed upon, or to used goods for defects corresponding to the level of use or wear that the goods had at the time of acceptance by the buyer.
Gifts provided by the seller to the buyer free of charge as part of a purchase agreement for other paid goods are not covered by any warranty or liability for defects beyond what is stipulated by law. In the event of withdrawal from the purchase agreement, the buyer is obliged to return the gift provided in its original condition to the seller.
In the case of defective performance, which constitutes a substantial breach of contract, the buyer has the right to:
1. have the defect removed by repair of the item,
2. have the defect removed by delivery of a new item free of defects or delivery of the missing item,
3. an appropriate discount on the purchase price, or
4. withdrawal from the contract.
1. HOW TO MAKE A COMPLAINT ABOUT DEFECTIVE GOODS
1.1 Reporting defects in goods
1.1.1 The buyer is obliged to report defects in the goods at the seller's registered office, as stated in the seller's General Terms and Conditions (Article 7.6).
1.1.2 The buyer is obliged to send or otherwise deliver the complained goods to the seller without undue delay after discovering the defect. The period during which the buyer is in default of sending the goods to the seller does not count towards the complaint resolution period.
1.1.3 The buyer must prepare the complained goods for transport in such a way that they are not damaged during transport and must label the goods according to their nature (fragile, etc.). The risk of damage to the goods remains with the buyer until they are delivered to the seller. The buyer must also provide a written description of how the defect manifests (and how it occurred, if applicable).
1.1.4 The buyer must deliver the complained goods to the seller in a clean condition.
1.1.5 If the goods show apparent defects (such as a damaged transport package) upon receipt, the buyer has the right to refuse acceptance of the goods. In such a case, the goods will be returned to the seller, who must rectify the issue and resend the goods to the buyer as soon as possible.
1.1.6 The seller is not obliged to satisfy the buyer’s claim if it proves that the buyer knew about the defect before taking possession or caused the defect themselves.
2. RESOLUTION OF COMPLAINTS BY THE SELLER
2.1. Complaints submitted by the buyer-consumer must be resolved by the seller no later than 30 days from the date the complaint was submitted, considering the time taken by the buyer to send the goods. In justified cases, the seller is entitled to request a longer period. The seller will inform the buyer of the complaint resolution outcome via email sent to the address provided during the purchase. If the complained goods are sent by the buyer, the complaint is considered received on the day the last part of the goods is received by the seller. The complaint is considered resolved on the day the seller notifies the buyer-consumer of the resolution.
2.2. Upon lodging a complaint, the seller will issue a written confirmation to the buyer detailing the complaint submission date, the complaint's content, and the resolution method requested by the buyer. This confirmation also includes the complaint resolution date and method, as well as confirmation of any repairs and their duration, or written reasons for rejecting the complaint.
2.3. If the complaint is sent to the seller by mail, the seller must send a written complaint form to the buyer. The form must include the buyer's full name, correspondence address, and email address.
2.4. The obligation to write a complaint form also applies to any other parties authorized to carry out repairs.
3. SELLER'S ADDRESSES
3.1 Shipping address for complaints for Czech and international customers (buyers):
Strančická 1084/29, 100 00, Prague 10 - Strašnice
4. FINAL PROVISIONS
4.1 This complaints procedure comes into effect on July 1, 2020. VONIAK s.r.o. reserves the right to change or amend the wording of this complaints procedure at any time. Any changes or amendments will take effect on the date they are published on the Voniak.com website.