COMPLAINTS PROCEDURE
Seller:
Seller: RK CITY SRO
ID number: 03758389
VAT number: CZ03758389
Address: Mikulášská 2324/89a, Pod Bezručovým vrchem, 794 01 Krnov, Czech Republic
registered in the commercial register maintained by Regional Court in Ostrava , section C, insert 61263/KSOS
Contact information:
Business address: Mikulášská 2324/89a, Pod Bezručovým vrchem, 794 01 Krnov, Czech Republic
Email: info@varmuz.com
Web portal: varmuz.com
Return address: Dextrum Fulfillment, as Kirilova 181, 73921 Paskov, Czech Republic
as a seller of Goods on the e-shop (hereinafter referred to as the “ Seller ” )
These Complaints Regulations regulate the method of exercising rights arising from defective performance by the Buyer against the Seller, which arose on the basis of the purchase contract (hereinafter referred to as the "Contract" ) concluded between the Seller and the Buyer as a result of ordering Goods through the e-shop (hereinafter referred to as the "Web Portal" ) of the seller.
I. Introductory Provisions
1.1. The Complaints Procedure is an integral part of the General Terms and Conditions (hereinafter referred to as the "Terms and Conditions" ) of the Seller. The Buyer is obliged to familiarize himself with the Seller's Business Terms and Conditions, including the Complaints Procedure, before ordering the Goods. By ticking the consent before sending the Order, the Buyer expresses his consent to the effective Business Terms and Conditions and Complaints Regulations.
1.2. Capitalized terms in the Complaints Policy have the meaning defined in this document. If the terms are not defined in the Complaints Regulations, they have the same meaning as in the Business Terms and Conditions, or the Contract.
1.3. The rights and obligations contained in the Complaints Code are governed by the relevant generally binding legal regulations, in particular the provisions of § 2099 to 2117 and § 2161 to 2174b of Act No. 89/2012 Coll., Civil Code, as amended, and Act No. 634/1992 Coll. ., on consumer protection, as amended.
II. Quality guarantee
2.1. The Seller is responsible to the Buyer for the quality of the Goods, i.e. that the Goods have no defects, until the moment of the passing of the risk of damage, i.e. the moment of acceptance of the Goods, or the moment of possible acceptance of the Goods.
2.2. The Seller is responsible to the Buyer in particular for the fact that the Goods correspond to:
● description,
● kind,
● quantity,
● quality,
● functionality,
● compatibility,
● interoperability,
● and other properties agreed between the contracting parties,
● it is suitable for fulfilling the purpose for which the Buyer intended to purchase it and with which the Seller is familiar,
● the Buyer will receive it with any accessories, including instructions for use, i.e. assembly or installation.
2.3. Furthermore, the Seller is responsible to the Buyer for the fact that the Goods:
● is suitable for fulfilling the purpose for which the Goods of the given type are usually used,
● in terms of quantity, quality and other properties, including durability, functionality, compatibility, interoperability and safety, it corresponds to the usual properties of Goods of the given type that the Buyer can reasonably expect, also with regard to public statements made by the Seller, in particular through advertising or labeling,
● is delivered to the Buyer with accessories, including packaging, assembly or installation instructions and other instructions for use that the Buyer can reasonably expect,
● corresponds to the quality or design of the sample or design that was provided to the Buyer before the conclusion of the contract.
2.4. The statements made in the previous paragraph will not be taken into account if the Seller has notified the Buyer that some of the characteristics of the Goods differ and the Buyer has expressed his consent to this before concluding the Contract.
2.5. The seller provides proof of purchase of the Goods, i.e. an invoice, which also serves as proof of warranty. It contains all the information required by law that is necessary for the exercise of the rights arising from the guarantee, in particular the name of the Goods, price, quantity, serial number and length of the guarantee.
2.6. The Seller will also provide the Buyer with a warranty certificate at his request. In the warranty certificate, the seller shall state the content of the warranty provided, including its scope, conditions and method of exercising the rights arising from it and the duration of the warranty. The provision of the guarantee does not affect the Buyer's rights related to the purchase of the Goods.
2.7. The seller offers a "90 day money back guarantee". This guarantee covers cases of head falling while sleeping, even if the Varmuz product is used correctly. To claim this warranty, the Buyer must contact the seller at info@varmuz.com.
III. Rights from defective performance
3.1. The Buyer is entitled to exercise rights from defective performance (hereinafter referred to as "Complaint" ) in the event that the Goods have a defect or do not meet any of the conditions listed in the previous section.
3.2. The buyer can do so by e-mail info@varmuz.com, letter to the address Mikulášská 2324/89a, Pod Bezručovým vrchem, 794 01 Krnov, Czech Republic .
3.3. When applying for a Complaint, the Buyer is obliged to choose how the Complaint should be resolved, while the choice already made is binding and cannot be changed without the Seller's consent. The complaint will then be resolved by the Seller in accordance with the method chosen by the Buyer.
3.4. If the Goods have a defect, the Buyer has the right to:
● removing the defect by delivering new Goods without defects, or by delivering a missing part of the Goods,
● removing the defect by repairing the Goods,
● a reasonable discount from the purchase price of the Goods,
● withdrawal from the Agreement.
3.5. A change in the way the Complaint is resolved is possible if the Buyer requested the removal of a defect by repairing the Goods, which turns out to be irreparable.
3.6. The Seller is entitled to refuse to remove the defect by repairing the Goods, if the defect turns out to be irreparable or its removal would be disproportionately expensive, especially considering the significance of the defect and the value that the Goods would have without the defect.
3.7. The Buyer has the right to withdraw from the Contract or receive a reasonable discount from the purchase price, if:
● The Seller refuses to remove the defect by repairing the Goods,
● the same defect in the Goods appears repeatedly,
● the defect represents a material breach of the Contract,
● The Seller did not remove the defect by repairing the Goods within a reasonable period of time.
3.8. The Buyer is not entitled to withdraw from the Contract if the defect in the Goods is insignificant.
3.9. The buyer is not entitled to claim the goods if he caused the defect in the goods through his own fault or if he knew about the defect in the goods when he took them over.
3.10. Claims cannot be made even for defective Goods that were sold at a lower purchase price due to this defect in the Goods.
3.11. Wear and tear of the Goods resulting from its usual use, or wear corresponding to the level of previous use of already used Goods, cannot be considered a defect of the Goods.
3.12. The right to apply for a Complaint expires if the defect of the Goods was caused by unprofessional assembly or installation of the Goods, as well as in the case of unprofessional handling of the Goods.
IV. Application of Complaints
4.1. In the event that the consumer makes a complaint, he is entitled to do so within 2 years from the receipt of the Goods.
4.2. If the defect becomes apparent within 1 year from the receipt of the Goods, it is considered that the Goods were already defective at the time of receipt.
4.3. The time indicated in points 4.1. and 4.2. it does not run for a period during which the Buyer cannot use the Goods, provided that the Complaint was justified.
4.4. In the event that a complaint is made by an entrepreneur, he is obliged to report and criticize the defect in the Goods without undue delay after he had and could have discovered it, but no later than three days after receiving the Goods.
4.5. The form for making a complaint under the name "Form for making a complaint from the contract for the purchase of goods" can be found on the Seller's web portal Varmuz.com
4.6. When applying for a Complaint, the Seller will issue a written confirmation to the Buyer containing:
● the date of application of the Complaint,
● content of the Complaint – specification of the Goods, including a description of the defect,
● the method of solving the Complaint, which is requested by the Buyer,
● contact details of the Buyer for the purpose of providing information on the handling of the Complaint by the Seller.
4.7. The seller bears the costs associated with by taking over the item for the purpose of removing the defect.
4.8. The deadline for removing the defect by repairing the Goods is 30 days from the date of application of the Complaint, unless otherwise agreed by the contracting parties. The period is interrupted if the Seller has not received all the documents necessary to resolve the Complaint, until the time of their receipt by the Buyer.
4.9. The Buyer will be informed about the processing of the complaint by the Seller via the indicated e-mail address or telephone number. The Seller will then issue the Buyer with a confirmation of the date and method of resolution of the Complaint. In addition, the Seller invites the Buyer to take over the Goods in the case of resolving the Complaint by removing the defect in the Goods by repairing them.
V. Final Provisions
5.1. By creating and sending an Order related to the purchase of Goods, the Customer confirms that he has familiarized himself with the Complaints Regulations and that he agrees to them in full via the web form.
5.2. The seller is entitled to change the Complaints Regulations. It will publish the new Complaints Regulations on its Web portal.
VI. Guarantee "90-day guarantee for the prevention of head falling with the correct use of VARMUZ"
6.1. In addition to the standard guarantees provided in accordance with generally binding legal regulations and these Complaints Regulations, the Seller offers a special guarantee under the name "90-day guarantee for the prevention of head falls during the correct use of VARMUZ" (hereinafter referred to as the "Special Guarantee").
6.2. The special warranty is provided exclusively for the VARMUZ product and covers the specific problem of head falling when sleeping while sitting up, provided that the product is used correctly according to the instructions for use.
6.3. This Special Warranty is valid for 90 days from the date of purchase of the VARMUZ product. If, during this time, the Buyer discovers that the VARMUZ product has not prevented the head from falling while sleeping while sitting up when used correctly, the Buyer has the right to return the product and request a full refund of the purchase price.
6.4. In order to claim this Special Warranty, the Buyer must contact the Seller by email at varmuz@varmuz.com and provide proof of purchase (e.g. a copy of the invoice) and describe the situation in which the product failed to prevent the head from falling while sitting up. .
6.5. After receiving and verifying the request, the Seller contacts the Buyer with information on the next procedure for returning the product and refunding the purchase price.
6.6. The special guarantee does not affect the statutory rights of the Buyer arising from generally binding legal regulations or the rights and obligations arising from this contract and the standard complaints procedure.
These Complaints Regulations take effect from 13/03/2024