To ensure a uniform and correct procedure for handling claims arising from defective performance in the delivery of goods or printing of goods (complaints), this Complaint Procedure is issued by Taeda services s.r.o., Kosmonautů 1218/15, 73601 Havířov, Company ID 286134279 (hereinafter referred to as the seller).
1. Introductory Provisions
1.1. The seller is responsible for defects that the goods have at the moment of handover to the buyer or at the moment of handover to an independent carrier for delivery to the buyer, if claimed by the buyer within the periods specified in Article 5 of the Complaint Procedure.
1.2. If a defect occurs in the purchased goods during the warranty period, the customer has the right to assert claims from defective performance with the seller (to make a complaint).
1.3. A defect is defined as a change (property) of the goods caused by the use of unsuitable or low-quality material, non-compliance with technology, or inappropriate design solution.
1.4. A change (property) of the goods that occurred as a result of its wear and tear, improper use, insufficient or inappropriate maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the user or a third party, or other improper intervention cannot be considered a defect.
2. Buyer's Obligations upon Receipt of the Shipment
2.1. The buyer is obliged to inspect the shipment immediately upon receipt from the carrier to check if it has not been damaged. A shipment under this Complaint Procedure means packaged goods handed over by the seller to an independent carrier (these are the cases specified in the General Terms and Conditions of Business and Delivery, Article 5, paragraph 5.1. points 1 and 2).
2.2. Apparent damage to the shipment must be reported to the carrier in writing at the moment of its receipt by the buyer. The buyer is obliged to describe the manner of damage to the shipment in the carrier's transport (accompanying) document or damage report at the moment of receipt of the shipment. The buyer is not obliged to accept the shipment from the carrier if the shipment is visibly damaged. If the buyer does not indicate apparent damage to the shipment in the carrier's transport (accompanying) document, or if a damage report is not drawn up, the shipment is deemed to have been received by the buyer without apparent damage.
2.3. The buyer is obliged to report hidden damage to the shipment to the seller no later than 2 working days from the receipt of the shipment, in writing to the seller with the following information: name and address of the buyer, shipment identification number (package code number), description of the shipment damage and photo documentation of the damage (packaging, goods).
3. Rights from Defective Performance
3.1. If the delivery of defective goods is a substantial breach of contract (§2106 of the Civil Code), the buyer may:
- Demand removal of the defect by delivery of a new item without defect or delivery of a missing item, if this is not disproportionate given the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand replacement of the part; if this is not possible, the buyer may withdraw from the contract. However, if this is disproportionate given the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
- Demand removal of the defect by repairing the item or print.
- Demand a reasonable discount on the purchase price of the goods or print.
- Withdraw from the contract in the subject of defective performance.
3.2. If the delivery of defective goods is a non-substantial breach of contract (§2107 of the Civil Code), the buyer may:
- Demand removal of the defect by repairing the item or print.
- Demand a reasonable discount on the purchase price of the goods or print.
3.3. The choice between the above-mentioned rights from defective performance belongs to the buyer only if they notify the seller of the defect within the periods according to 5.1. to 5.3. of the Complaint Procedure together with a copy of the delivery note or invoice and with the defective goods in the claimed quantity. The asserted right from defective performance cannot be changed without the seller's consent.
3.4. The right from defective performance is considered to be properly asserted if the defective goods are complete, the assertion of the right from defective performance is not prevented by general principles of hygiene, and all data specified in Article 4.2. of the Complaint Procedure are notified in writing and documents according to Article 3.3. of the Complaint Procedure are attached.
4. Place for Asserting the Right from Defective Performance of Goods (Complaint)
4.1. The buyer asserts the right from defective performance of goods (complains) with the seller at its branch in Havířov, U Statku 301/1, 73601
4.2. The buyer asserts the right from defective performance of goods (complaint) either on the seller's form - "Complaint Form", which the seller fills in at the buyer's request, or in their own written notification, which will contain the necessary data of the complaint form:
- Name of the buyer.
- Place of business (or residence for natural entrepreneurs).
- Name and quantity of the claimed goods, their catalog number, invoice number and delivery note of the seller, price per unit, total price, date of receipt of goods.
- Description of the defect of the goods.
- Choice of right from defective performance of goods.
- Date and signature of the buyer (entrepreneur or person authorized by them).
- If possible, also the date and signature of the seller's salesperson or their manager, confirming the receipt of the buyer's complaint for processing.
4.3. In case the buyer asserts a right from defective performance other than providing a discount on the price of the sold goods and services, they shall simultaneously with the complaint form hand over to the seller the defective goods in question in the full claimed quantity. A complaint of unreturned claimed goods cannot be accepted unless the seller and the buyer agree otherwise.
5. Deadlines for Asserting the Right from Defective Performance of Goods
5.1. The buyer is obliged to assert (complain) all rights from defective performance with the seller without undue delay within the periods specified in the General Terms and Conditions of Business and Delivery of the seller and Article 5.2. and 5.3. of the Complaint Procedure and in the manner specified in this Complaint Procedure.
5.2. Defects of goods that are detectable by the buyer upon receipt of the goods (apparent defects) must be asserted by the buyer with the seller no later than 7 working days from the date of handover of the goods from the independent carrier, whereas for meeting the specified deadline for asserting the claim from defective performance sent by an independent carrier, the date on the handover protocol of the given carrier is decisive, this does not affect the obligation to report damage to the shipment within the period according to 2.3. of the Complaint Procedure.
- When delivering goods by an independent carrier, no later than 7 working days from the date of handover of the goods, whereas for meeting the specified deadline for asserting the claim from defective performance sent by an independent carrier, the date on the handover protocol of the given carrier is decisive, this does not affect the obligation to report damage to the shipment within the period according to 2.3. of the Complaint Procedure.
5.3. Hidden defects of goods that become apparent only after receipt of the goods must be asserted by the buyer with the seller immediately after they are discovered, if such a defect manifests itself within 6 months after the handover of the goods to the buyer.
5.4. Any delay in continuing to use the goods may cause the defect to deepen, devalue the goods, and may be a reason for rejecting the complaint.
5.5. The period from the assertion of rights from defective performance until the time when the buyer was obliged to take over the item after the completion of the repair is not counted in the warranty period. If the result of the complaint procedure is the replacement of the claimed goods, the warranty period will start running again from the receipt of the new goods. When replacing defective goods or their part, the new warranty period applies only to the replaced goods or their part.
5.6. The warranty period cannot be confused with the lifespan of the goods, i.e., the period during which, with proper use and proper care including maintenance, the goods can last given their properties, intended purpose, and differences in the intensity of their use.
5.7. If the buyer does not notify the seller of the defect of the goods within the above-mentioned periods or if sufficient documentation for the complaint is not sent to the seller, all rights from defective performance of the buyer towards TAEDA services s.r.o. expire.
6. Deadlines for Settling Rights from Defective Performance of Goods (Complaints)
6.1. A period of 2 months from the date of its delivery to the seller is set for settling the rights from defective performance of delivered goods. This period is extended for removable defects by the time during which the defect will be removed by repair at a third party, or at the supplier or manufacturer of the goods.
7. Final Provisions
7.1. Matters not regulated by this Complaint Procedure will be resolved between the contracting parties, the seller and the buyer, according to the relevant provisions of the Civil Code as amended.
7.2. This Complaint Procedure becomes effective on May 19, 2021.