This Complaints Procedure (collectively „Procedure“) sets procedure and conditions of complaints related to defects of the goods purchased by the consumer at the e-shop JM Koral placed at the website http://www.jmkoral.cz from
JM KORAL, s.r.o., address Bratříkov 69, 468 21 Pěnčín
registered at the commercial register maintained at the regional court in Ústí nad Labem, unit C, inset 17374
delivery address: JM Koral s.r.o., Bratříkov 128, 468 21 Bratříkov
phone number: +420 603 990 010
What defects of the goods are we responsible for?
1.1 As a seller we are responsible for delivering you the goods that you ordered and that the goods is without defects. It means that the goods at the time of taking especially:
Has properties that were agreed between you and us, that we describe or that you could expect regarding the nature of the goods and based on the advertisement;
Is in appropriate quantity, measure or weight;
Complies to the legislation;
Is suitable for the purpose that we mention or which the purchased goods is usually used for;
Complies to the quality that was mutually agreed or alternatively complies to the quality level set for such a type of goods by valid;
Has no legal defects, i.e. no third party has proprietary rights to the goods and the goods is equipped with documents necessary for regular use of the goods.
Furthermore, we are responsible that these defects will not occur during the guarantee period. Above the scope of guarantee period set by legislation we provide no guarantee for the quality.
1.2 A difference in colors of real goods and those displayed on electronic screens cannot be considered a defect. If the goods does not meet your expectations, you have the right to withdraw the sales contract within fourteen days after taking the goods in compliance with the section 6 of the Terms and conditions.
1.3 If the defect of the goods occurs in the course of the six months after taking, it is considered that the goods had the defect already in the time of taking.
What is the guarantee period?
2.1 For the unused goods the guarantee period is twenty four months since taking the goods, unless a longer period is set at the Site, in documents enclosed with the goods or in the advertisement.
2.2 In case that the goods will be replaced or repaired, a new guarantee period is not applicable to the new goods or its parts. In such a case the guarantee period is extended by the time that you could not use the goods because of the defect – i.e. especially the time for which the goods was serviced (repaired).
What rights from non – performance do you have?
3.1 Your rights from non-performance follow the Civil code, especially § 2099 - 2117, and also § 2165 - 2174.
3.2 In compliance with the regulations mentioned above you have especially the following rights:
a) Completion of what is missing
If you deliver the goods in lower quantity that was agreed or we deliver incomplete goods, you have the right of the completion of what is missing.
b) Discount of the purchase price
If at the time of taking the goods had a defect or the defect occurred in the guarantee period, you can always require a proportionate discount of the purchase price.
c) Replacement of the goods or the faulty part
You can require a replacement of the goods or the faulty part anytime, if it is not inadequate to the nature of the defect (i.e. when an immediate repair is not possible) and if it is not only a negligible break of the sales contract.
You don’t have the right of the replacement of the goods in case that only a part of it is faulty. If during the complaint procedure we get to a conclusion that only a part is faulty, we will replace only this part.
You cannot require a replacement of the goods in case of the used goods or sold for a lower price. In such a case you can require a discount of the purchase price.
d) Repair of the goods
If it is possible to repair the goods, you have the right of the free reparation. If during the complaint procedure it turns out that we are unable to repair the goods, we will inform you immediately and you can choose another method of complaint handling.
e) Refunding (sales contract withdrawal)
You can require refunding only provided that:
Delivery of faulty or incomplete goods by us means a significant break of the sales contract; or
We are not able to remove the defect because of which you cannot use the goods correctly, or we are not able to replace this faulty goods (e.g. the goods is produced no more); or
You cannot use the goods normally because of the recurrence of the defect after the repair (occurrence of the same defect after at least two previous repairs);
More defects occur at the goods (a simultaneous occurrence of at least three removable defects, each of which prevents from normal use of the goods); or
We do not meet the deadline for handling the complaint/we do not remove the defect within thirty days after applying the complaint.
3.3 A condition for replacement of the goods or refunding is that you return the goods in a condition in which you took it. Exceptions are:
a) A condition of the goods was changed due to the check-up in order to find the cause of the defect;
b) You used the goods prior to the discovery of the defect;
c) You didn’t cause impossibility of returning the goods in unchanged condition by your acting or neglect;
d) You sold the goods prior to the discovery of the defect; you used up the goods or modified it in usual use; if it happened just partially and you return to us what you can return and you refund us to the extent in which you benefited from using the goods.
When is it not possible to apply the rights from non-performance?
4.1 You don’t have the rights from non-performance when:
- You were informed about the defect prior to taking the goods; or
- You caused the defect on your own; or
- Guarantee period expired.
4.2 Guarantee and rights of responsibility for defects cannot be applied to:
- Worn out goods caused by its usual use;
- Defects of the used goods adequate to the extent of use or wear of the goods existing in the moment of taking;
- Discounted goods - only in relation to the defect for which the goods was discounted; or
- Goods if it comes from its nature (especially goods that by its nature cannot endure the whole guarantee period).
How to act in the complaint?
5.1 Apply your right of complaint without a delay after finding the defect.
5.2 We accept complaints in any of your places of business, in which acceptance is possible regarding the range of sold goods and in our main office. For the fastest possible handling of the complaint we recommend using our place of business.
5.3 Recommended complaint procedure:
For faster handing you can inform us in advance about the complaint via phone/email or written letter;
It is as well useful to inform us about what right from non-performance you chose, so that whether you have the interest corresponding with this Procedure of completion of what is missing, discount of the purchase price, replacement of the goods or its faulty part, repair of the goods, refunding or alternatively other rights in compliance with this Procedure and the Civil code;
Deliver the goods related to the complaint alongside with the complaint application to our business or delivery address (not in the form of cash in delivery that we do not accept); we recommend wrapping the goods up appropriately, to protect it from potential damage or destruction;
For simplification of the procedure it is useful to enclose the purchase bill or invoice (if it was issued) or other document that proves purchase of the goods alongside with a description of the defect and suggestion how to handle the complaint.
Non-fulfilment of some of the points above or non-submission of any of the above mentioned documents does not prevent from positive handling of the complaint according to the legal conditions.
5.4 The point of the complaint application is the point in time when an occurrence of the defect was announced to us and the right of responsibility for defects of the sold goods was applied.
5.5. We decide about the delivered complaint immediately, in more complicated cases within three business days. This time period does not include the adequate time necessary to the expert evaluation of the defect. The complaint including potential removal of the defect will be handled within thirty days since the day of the complaint application, unless we agree on the longer time period.
5.6 If you choose the right that cannot be conceded to you due to objective reasons (especially in case of irremovable defects or in case of replacement of the goods that is not possible), we will inform you immediately. In such a case you can choose another right in compliance with this Procedure.
5.7 During the complaint procedure we will issue a written confirmation about: when you applied your right, what is the subject of the complaint and what method of complaint handling you require. Further (after the complaint handling) we will issue a confirmation about the date and the method of complaint handling including a confirmation of reparation implementation, time of reparation alternatively a written explanation of complaint denial.
5.8 In compliance with the Civil code you have the right of the compensation of the reasonably spent expenses for complaint application. The into account that this right must be applied within one month after expiration of the time period in which it is necessary to apply the complaint for the defect.
This Complaints Procedure is valid and applicable since: 23rd March 2018