Contact details of the e-shop operator:
VIP Italian Fashion – Ing. Martina Frascona’ Sochůrková
Company ID: 76341283
VAT No.: CZ8357060096
Registered office: Na Dlaskově 94, 25169 Velké Popovice - BrtniceRegistered office: Na Dlaskově 94, 25169 Velké Popovice - Brtnice
Contact telephone no.: +420 775 975 657
Opening hours: Mon-Fri 9:00 to 5:00 p.m.
(hereinafter referred to as the “Seller”)
The Complaints Procedure effectively clarifies the course of action to be followed by the Buyer and the Seller in case a legitimate reason arises on the Buyer’s side to exercise rights from liability for defects in the goods sold by the Seller despite the Seller’s efforts to maintain a high quality of the goods offered for sale.
When selecting goods, it is necessary that the selected type and size of the goods precisely match the Buyer’s needs. Prior to purchasing a goods item, the Buyer shall take into account its use, design, material composition, and the method of its treatment. The utility value and intended use of the goods will only be accomplished provided that the goods have been well-chosen in terms of their functionality, product line, and size.
Throughout the use of the purchased goods, it is essential that the Buyer pays sufficient attention to the basic principles for the use of the goods. Particularly, it is necessary to take into account all the factors adversely affecting full functionality and durability of the goods, such as using the goods with excessive intensity and for inappropriate purposes.
Another necessary condition for maintaining the good condition and functionality of the goods is their regular maintenance. You should be aware that incorrect or insufficient maintenance of the goods substantially reduces their full functionality and service life.
The Basic Complaint Handling Conditions
As circumstances allow, the Buyer shall inspect the goods as soon as possible after their takeover and check their properties and quantity.
The Seller shall not be liable for any defects:
a) in the goods sold at a lower price due to the defect which such a lower price was agreed for,
b) occurring due to the wear and tear of the goods caused by their normal use,
c) in used goods corresponding to the rate to which the goods had been used and worn out before their takeover by the Buyer,
d) in the goods that had been known as defective to the Buyer before the Buyer took the goods over,
e) caused by the Buyer or a third person, or for defects occurring due to improper handling, storage, use, etc.,
f) if it is in the nature of things, e.g.upon the expiry of the useful life of the goods.
The Seller is not liable for any defects in the goods that incurred after the passing of the risk of damage without the fault on the supplier’s side, for defects resulting from any mechanical damage, normal wear and tear or as a result of improper handling, storage, use, and for any defects caused by the Buyer or a third party.
If the Buyer exercises his/her right from liability for defects in the goods sold in a proper way, the Seller shall be obliged to decide on the complaint within three working days. However, this period does not include the time needed for expert assessment of a defect.
The complaint is deemed to have been duly laid if the goods item that is complained about is complete and the general hygienic principles do not impede the complaint. The Buyer is obliged to submit the goods under complaint cleaned, free of all impurities, and sanitized.
The Seller is entitled to refuse to take over for the complaints procedure any goods that fail to meet the above specified general hygienic principles.
Complaints, including the removal of defects, shall be settled without undue delay, no later than 30 days from the date when a complaint was laid. The Seller may, in justified cases, agree with the Buyer on a longer period. If the claim qualifies, the Buyer shall be entitled to demand reimbursement of the costs incurred in relation with the exercising of his/her right.
If the Seller has provided a guarantee for the quality of the goods beyond the Seller’s legal obligations, the guarantee shall be governed by this Complaints Procedure unless stated otherwise in the purchase contract or the warranty card.
The Place and Procedure for Submitting a Complaint
The Buyer can lay a complaint by sending the concerned goods item by mail to the Seller’s address. Should the Buyer fail to provide a purchase receipt, the Seller will initiate the complaints procedure only if the Buyer documents or proves in any other credible manner that he/she bought the goods under complaint in the e-shop at the address of www.vipitalianfashion.com
The Seller is obliged to issue the Buyer a certificate confirming the date when the Buyer exercised his/her right from liability for defects in the goods, the manner of the claim settlement, and when the repair (if any) was carried out and how long it took.
As soon as the Buyer exercises any of the rights related to the liability for defects in the goods, he/she shall be bound by this manifestation of his/her will and may not change the choice of the executed right without the Seller’s consent, except in the case when it is not possible to execute the chosen procedure in a timely manner.
The Deadlines for Submitting a Complaint
The right from the liability for defects must be exercised within the warranty period. It is necessary to submit a complaint without undue delay, as soon as the defect appears. Any delay while continuing to use the defective goods can lead to the aggravating of the defect, depreciation of the goods, and may be the reason for the rejection of the complaint on the basis set forth in Article II (e) of the Complaints Procedure.
The guarantee period is 24 months and begins to run from the date of receipt of the goods. In the case of used goods, the time limit for enforcing the rights arising from defective goods can be reduced to 12 months; the Seller shall mark such a change in the guarantee period on the receipt.
The time from the exercise of the right from liability for defects until the time when the Buyer was obliged to take over the thing after its repair had been completed, shall not be included in the guarantee period. The Seller is obliged to issue the Buyer a certificate confirming the date when the Buyer exercised his/her right and that the repair has been completed and how long it took. If the goods under complaint are exchanged as a result of the complaints procedure, the warranty period will begin to run again from the date of receipt of the new goods. When replacing a defective part, the new warranty period shall apply only to the replaced part.
The warranty period should not be confused with a lifetime of the goods, i.e. the time for which the goods can endure when used and treated properly, including maintenance, taking into account their characteristics, the purpose and the differences in the intensity of its use.
The Seller guarantees to the Buyer that, at the time when the Buyer takes delivery of the goods:
a) the goods have the properties that the Parties agreed on, and in the absence of agreement, such properties, which the Seller or manufacturer described or that the Buyer had expected with regard to the nature of the goods and on the basis of the related advertising carried out by the Seller or the manufacturer,
b) the goods are fit for the particular purpose as stated by the Seller or for which the goods of the same type are normally used;
c) the quality or workmanship of the goods correspond to the agreed master sample or model if the quality or workmanship was determined according to the agreed master sample or model,
d) the goods are in the required amount, extent, or weight, and
e) the goods comply with the requirements of the legislation.
The Buyer is entitled to enforce the right from defects in consumer goods in the period of 24 months from their receipt. In that period of time the Buyer is entitled to claim delivery of new goods free from defects, if it is not disproportionate to the nature of the defect, but if the defect affects only some components of the goods, the Buyer may only require defective components to be exchanged; if this is not possible, the Buyer may withdraw from the contract. If it is disproportionate to the nature of the defect, i.e. in particular, the defect can be removed without undue delay, the Buyer has the right to free removal of defects.
The Buyer is entitled to delivery of new goods or replacement of components even in case of a remediable defect if the Buyer cannot use the thing properly due to repeated occurrence of a defect after it has been repaired or due to the presence of a larger number of defects. In this case, the Buyer has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or does not execute the right to delivery of new goods free from defects, replacement of its components or repair of the goods, the Buyer may request a reasonable discount. The Buyer is also entitled to an appropriate discount in the event that the Seller is unable to deliver him/her new goods free from defects, replace its components, or repair the goods item, as well as in the event that the Seller fails to rectify the defect within a reasonable time, or the defect rectification would cause considerable problems to the consumer.
If the goods item has a defect that makes the Seller obliged and when they are the goods sold for a lower price or used goods, the Buyer is entitled to an appropriate discount instead of the right to goods exchange.
If a defect occurs within six months from the receipt, it shall be deemed that the goods were already defective when received.
The right of the Buyer from defective performance is conferred by such a defect which occurs within the warranty period, i.e. at the time of 24 months after the time of passing of the risk of damage to the goods to the Buyer; this applies to the defects for which the Seller's liability for quality according to Article V hereof is not applied.
If a defective performance is a substantial breach of the contract, the Buyer has the right to
a) elimination of the defect by being delivered new goods free of defects or by being delivered the missing item,
b) elimination of the defect by its repair,
c) an appropriate discount from the purchase price, or
d) withdraw from the contract.
The substantial breach of the contract is such a breach that the Contracting Party was already aware of when concluding the contract, or must have known that the other party would have not entered into the contract provided that it had expected such a breach.
The Buyer shall notify the Seller about the rights the Buyer has chosen, and shall do so upon announcing the defect or without undue delay after the notification. Without the consent of the Seller, the Buyer may not change the choice he/she has made, except in the case when the Buyer requests rectification of a defect which turns up to be beyond repair. If the Seller fails to remove defects within a reasonable time or if the Seller informs the Buyer that the Seller will not rectify the defects, the Buyer may request a reasonable discount from the purchase price instead of defects rectification or may withdraw from the contract. If the Buyer fails to choose his/her right in time, he/she has the same rights as in the case of minor infringement of the contract.
If the defective performance is a minor breach of the contract, the Buyer is entitled to demand a discount from the purchase price or withdraw from the contract. The Buyer may not change the choice he/she has made without the consent of the Seller.
In case of a repeated occurrence of a repairable defect after its repair or in case of a larger number of repairable defects, the Buyer is entitled to a discount from the purchase price, replacement of goods or withdrawal from the contract. The repeated occurrence of a defect means that the same defect occurs three times in succession or different defects occur four times in succession. A greater number of repairable defects means the concurrent occurrence of at least 3 different defects.
The Complaints Procedure has been drawn up in accordance with Act No. 89/2012 Coll., as amended (the Civil Code) and Act No. 634/1992 Coll. on consumer protection, as amended.
Supervision of compliance with the obligations arising from the Consumer Protection Act shall be exercised by the Czech Trade Inspection.
The Claim Protocol is available for download here.