If you wish to expedite your claim, we will ask you to send the faulty product back to our branch to resolve the claim and subsequently exchange the item for a new one. You can use our free parcel delivery service to send the package to our branch. Simply bring the packed parcel with the defective product to any branch of the parcel office and tell the code: 98296131. Based on this code, the parcel will be sent back at our expense. Please put a piece of paper in the package that reads:
1) your order number
2) description of the defect
3) the address of your preferred parcel shop to send the new goods to
Or you can contact us by e-mail at firstname.lastname@example.org or by phone at +420 777 223 121. Ondra, who takes care of returns, will be happy to advise you on everything, such as issuing a label to the Post Office where you can send the package at our expense, how the refund will be processed, etc.
Do not hesitate to ask us anything, we will be happy to help you. There is no need to worry about us not meeting your needs, that's not our style. We usually send money back within 48 hours upon receipt of the package.
We do not accept goods on delivery unless specifically agreed otherwise.
You can download a sample form for withdrawing from a contract within the 14 day cooling-off period HERE.
This Claims Policy regulates the method and conditions for claiming defects in goods purchased through the online shop Swissten.eu from our company
Jaurisova 515/4, Michle, 140 00 Praha 4 (Billing address, do not send goods here)
Phone number: +420 777 223 121
Contact e-mail: email@example.com
I.What product defects are we responsible for?
As the seller, we are responsible for the goods being free from defects upon receipt. This means that the goods are not defective on receipt, in particular:
- it has the characteristics that have been agreed to, that we describe or that you could have expected in the nature of the goods and on the basis of the advertisement;
- it is in the appropriate quantity, measure or weight;
- complies with the requirements of the law;
- the goods are fit for the purpose we state or for which the goods purchased are usually used;
- the goods are also considered to be defective if we supply you with goods other than those agreed between us;
it corresponds to the quality agreed between us or, where applicable, to the quality specified for the type of goods by applicable and effective law; and
it is free from legal defects, i.e. the goods are not subject to the property rights of a 3rd party and the goods are provided with the documents and papers necessary for the proper use of the goods.
Furthermore, we are responsible to consumers for ensuring that these defects do not occur within the warranty period. If you are not a consumer, you are not entitled to the legal warranty period according to Article 2. Article 2 applies only to consumers.
We do not provide any guarantee of quality beyond the statutory warranty period for consumers.
If you are an entrepreneur, only the defect that the goods had when the risk of damage to the goods passed, even if it only becomes apparent later, gives you the right of defective performance. If the defect occurs as a result of a breach of one of our obligations, you are also entitled to rights under defective performance in this case.
Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 14 days after receiving the goods in accordance with Article 5 if you are a consumer.
If you are a consumer and the defect in the goods becomes apparent within six months of receipt, the goods shall be considered to have been defective on receipt.
1. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in the advertisement. For used goods, the warranty period is twelve months from the date of receipt of the goods.
If the goods show a date of minimum durability or, in the case of perishable goods, a period of time for which the goods may be used, the warranty period lasts until such date.
Please note that if the goods are replaced or repaired, the new goods or the replaced parts and spare parts will not be subject to a new warranty period. However, the warranty period will be extended in such a case by the period of time during which you were unable to use the goods due to the defect, i.e. in particular the period of time during which the goods were under repair.
2. What rights do you have regarding defective performance?
Your rights regarding defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and, if you are a consumer, also Sections 2165 to 2174.
3. If you are a consumer or an entrepreneur:
If the defect existed or is considered to have existed when you took delivery of the goods, you are entitled to the following rights from defective performance.
If the defect in the goods is a material breach of contract, you are entitled to the following rights from defective performance:
- remedy a defect by delivering a new item without a defect or by delivering a missing item;
- remedy a defect by repairing the item;
- a reasonable discount on the purchase price; or
- withdrawal from the contract.
In the event of a material breach of contract, please inform us at the time of notification of the defect, or without any further delay after reporting the defect, which right you have chosen from the defective performance. Please note that if you do not do so, you will only be entitled to the rights that would have been available to you in the event of a non-material breach of contract. The choice you have made can only be changed by mutual agreement with us.
If we do not remedy the defect within a reasonable period of time, you may claim a reasonable discount on the purchase price in lieu of remedying the defect, or you may withdraw from the contract.
If the defect of the goods is an insignificant breach of contract, you can claim:
- remedy the defect; or
- a reasonable discount on the purchase price.
If we do not remove the defect on time or we refuse to remove the defect, you may claim a discount on the purchase price or you may withdraw from the contract. The choice you have made can only be changed by mutual agreement with us.
Please note that as long as you do not claim your right to a discount on the purchase price or withdraw from the contract, we are entitled to supply you with the missing goods or remedy the legal defect (in particular to supply the missing documents).
You cannot request a replacement of the goods or withdrawal from the contract if you cannot return the item in the same condition as you received it. This does not apply if:
there has been a change in condition as a result of an inspection to determine the defect of the item;
- you used the item before the defect was discovered;
- you did not cause the impossibility of returning the item in its unaltered condition by an act or omission; or
- you have sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, you shall return to us what you can still return and compensate us to the extent that you have benefited from the use of the item.
4. Only if you are a consumer:
If the defect in the consumer goods occurs within the warranty period of twenty-four months from the receipt of the goods (twelve months from the receipt of the goods for used goods), you are entitled to the following rights under the defective performance:
You have the right to have the goods replaced if:
- the goods lose any of the characteristics listed in Article 1 of the Warranty Claims during the warranty period and this is not unreasonable given the nature of the defect;
- the defect is irreparable;
- the goods cannot be properly used because of the recurrence of the defect after repair; or
- there are multiple defects in the goods.
You cannot request a replacement of the goods if the replacement would be inadequate due to the nature of the defect. In such a case, you are entitled to have the defect repaired free of charge.
You are not entitled to a replacement of the goods even if only a part (component) of the goods is defective.
You may not request a replacement of the goods in the case of used goods or goods sold at a lower price. Instead, you can claim a reasonable discount.
- you have the right to have the defective part replaced if:
- only a part (component) of the goods is defective;
- the defect is irreparable;
- you cannot use the goods properly because of the recurrence of the defect after the repair; or
- there are multiple defects in the goods.
- you have the right to a reasonable discount on the purchase price if
- you do not choose the right to withdraw from the contract, replace the defective goods or part of the goods or repair the goods;
- we are unable to replace or repair the goods or part of the goods (for example, the goods are no longer manufactured);
- we do not arrange for repair within a reasonable time, or where it would cause you considerable difficulty to arrange for repair; or
- the item has a defect that we are obliged to repair and it is an item sold at a lower price or a second-hand item.
- you have the right to withdraw from the contract if
- the defect is irremediable;
- you cannot use the goods properly because of the recurrence of the defect after the repair;
- there are multiple defects in the goods;
- we are unable to replace or repair the goods (for example, the goods are no longer manufactured); or
- it is not possible to replace the faulty goods or part of the goods with a fault-free one.
5. When can the rights from defective performance not be claimed?
You are not entitled to defective performance rights if:
- you knew about the defect before the receipt of the goods;
- you caused the defect; or
- the warranty period has expired.
Furthermore, the warranty and defect liability claims do not apply to:
- normal usage-related wear and tear (usage-related wear and tear includes a reduction in the capacity of batteries and accumulators);
- defects in the used item corresponding to the level of use or wear and tear the goods had at the time you took delivery of them;
- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
if the nature of the item suggests this.
6. How do I file a warranty claim?
File a claim with our company (or the person who is listed as the person designated to repair the defect in the confirmation of the duration of the rights from the defective performance - the warranty certificate) without unnecessary delay after the defect is discovered. We accept claims in accordance with the Consumer Protection Act:
- at our premises at Čelakovského sady 12, Prague 2, where the acceptance of claims is possible due to the range of goods sold;
For the fastest possible settlement of the complaint, we recommend using our premises / person designated for repair.
Recommended warranty claim procedure:
for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
- at the same time, it is advisable to inform us of what right you have chosen from the defective performance, i.e. whether you are interested in repairing the item, replacing the goods or their components, withdrawing from the contract, a discount on the purchase price, or other rights in accordance with these Warranty Claim Policy and the Civil Code;
- you will deliver the claimed goods to us (other than by cash on delivery, which we do not accept), and when sending the goods we recommend that you wrap them in suitable packaging to prevent damage or destruction;
- to facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.
- Failure to comply with any of the above steps or failure to submit any of the above documents shall not prevent the positive settlement of the claim under the legal conditions.
The moment of filing a claim is the moment when we are notified of the occurrence of the defect and the right to claim liability for defects in the sold item.
Claims received by us are handled immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, which is appropriate for the type of product or service. The warranty claim, including the removal of the defect, will be settled without unnecessary delay, at the latest within 30 days from the date of the claim, unless we agree on a longer period.
When you make a claim, we will issue you with a written confirmation of when you claimed the right, what is the content of the claim and what method of claim settlement you require; and further (after the claim has been settled), we will issue you with a confirmation of the date and method of claim settlement, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.
In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred in claiming the goods. Please note that the right to reimbursement of these costs must be claimed within one month after the expiry of the period within which the defect must be claimed.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.
This Claim Policy is valid and effective from 04.09.2016.