COMPLAINTS PROCEDURE

 

company 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084 for goods purchased through the online shop with the address www.5mfencing.com.

 

ARTICLE 1 - INTRODUCTORY PROVISIONS

 

1.1       Terms and Conditions of 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 7084 (hereinafter referred to as the “Seller”)
is processed according to Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll.,
on consumer protection and applies to goods for which the Buyer's rights under liability for defects are exercised during the warranty period (hereinafter referred to as the “Claim”).

 

ARTICLE 2 – LIABILITY OF THE SELLER

 

2.1       The Seller is responsible for ensuring that the purchased goods are free from defects at the time of receipt of the goods, in particular:

1. that the purchased goods are suitable for the purpose stated by the Seller;
2. the goods have the characteristics agreed by the parties during the purchase;
3. the goods are delivered to the Buyer in the appropriate quantity, quality, measure, weight and functionality;
4. the goods comply with the requirements of applicable legislation.

 

2.2       The Seller is not liable for defects:

1. resulting from improper use of the goods;
2. incurred after the expiry of the warranty period;
3. caused by inappropriate use or normal wear and tear;
4. for which a discount was granted;
5. goods damaged by the elements (e.g. water, fire, lightning, etc.);
6. caused by unprofessional interference with the goods or modification of the goods and contrary to the purpose of use of the goods.

 

ARTICLE 3 – PLACE OF CLAIM, RIGHTS AND OBLIGATIONS OF THE BUYER

 

3.1       The Buyer is entitled to submit a claim for the goods with the Seller in the event of a defect, as follows:

1. by sending the goods to the address of the Seller, namely 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00;
2. in person at the Seller's premises at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, subject to prior telephone arrangement (tel. +420 774 737 410).

 

3.2       The Buyer is obliged to send or submit to the Seller, together with the claimed goods, an invoice proving the purchase of the goods, or a cash receipt, and at the same time communicate to the Seller the following contact details for sending information on the receipt and method of handling of the complaint: name, surname, delivery address, e-mail address, telephone number, preferred method of handling the complaint.

 

ARTICLE 4 – TIME LIMIT FOR FILING A COMPLAINT, DEFECT RECTIFICATION

 

4.1       Claims must be filed within 24 months of receipt of the goods and must be filed without undue delay after the discovery of the defect. In the event that the goods are still used after the discovery of the defect, this use may cause the defect to worsen or to the complete deterioration of the goods, which may be a reason for rejecting the complaint by the Seller.

 

4.2       The time from the claim is not included in the warranty period of the goods.

 

4.3       The Seller is entitled to refuse to accept goods that are heavily contaminated for hygiene reasons.

 

4.4       The Buyer has the right to have the defect, which can be removed, removed free of charge, properly and within the statutory deadline for handling the complaint. If it is not possible to remove the defect due to the claimed defect in the goods, the Buyer has the right to exchange the goods or exchange its part or component. In other cases, it is possible to request a reasonable discount on the price of the goods or withdraw from the contract.

 

ARTICLE 5 – SETTLEMENT OF CLAIMS

 

5.1       Unless otherwise agreed between the Seller and the Buyer, the time limit for settling the claim for goods is 30 days and runs from the time of filing the claim. For the avoidance of doubt, it is expressly stated that the commencement of the period starts on the first day immediately following the date of receipt of the complaint by the Seller.

 

5.2       In the event that the complaint is not settled within the deadline according to Paragraph 5.1 of this Article, the Buyer is entitled to withdraw from the contract or demand a reasonable discount on the price of the goods.

 

5.3       The Seller will confirm receipt of the complaint to the Buyer by e-mail to their e-mail address provided during the complaint. The confirmation of the complaint includes the date of receipt of the complaint, its content, and by what method the Buyer prefers the complaint to be handled.

 

5.4       The warranty period is always extended by the period during which the complaint is handled by the Seller, insofar as the complaint is deemed to be justified.

 

5.5       The Buyer is informed about the handling of the complaint via the contact details listed when filing the complaint.

 

5.6       The Buyer is obliged to take over the complaint within 30 days of being informed about the method of handling the complaint. The said period shall not expire earlier than 60 days from the filing of the complaint with the Seller in the manner specified in this Complaints Procedure.

 

 

This Complaints Procedure is valid as of 16 March 2023 and replaces in its entirety the previous Complaints Procedure issued by 5M spol. s.r.o., with its registered office at Prague 18 – Letňany, Tupolevova 710, Postcode 199 00, Company Registration No.: 427 40 941, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 7084 and located on the website www.5mfencing.com.