(Procedure in case of defective products)
These rules of complaints describe the procedure that the customer and BOTAS joint-stock company should perform in case the goods sold by BOTAS company are defective.
The customer should properly choose the type of product as well as its parameters according to his/her requirements. Before purchase the customer should take into account purpose of use, design, type of material and method of care concerning the concrete product. If the goods are correctly chosen, their utility value and purpose can be effective.
During the whole period when the product is used the customer should pay adequate attention to the rules of use for these goods. It´s necessary to consider all negative aspects influencing functionality and lifetime of the product, e.g. excessive intensity of usage, using the product for inappropriate purpose etc.
Correct and regular care must be provided so that you can keep the product in a good condition and functional. Improper care results in shorter lifetime and decreases the usefulness of the product. BOTAS company sells all products including instructions for care and a specific description of the goods containing all important information that the customer should know before purchase. Appropriate cleansers and tools must be used for correct care and maintenance.
If some defect occurs with the product, the customer is entitled to make a complaint. The defect represents such a change of the goods that was caused with usage of inappropriate and poor-quality material, default on correct technology or inappropriate design. The change of a product doesn´t mean any defect if it occurred during the guarantee period due to common wear and tear, incorrect use or inappropriate care, due to natural changes of material used for production of the goods or as a result of damage caused by a user or some third person. In case the customer makes a claim regarding liability for defect in a proper way, the head of the company shop or the employee authorized to settle claims has to make a decision concerning the complaint immediately or in more complicated cases within 3 working days. This period doesn´t include time necessary for an expert appraisal of the defect. Within properly applied complaint the concerned goods must be complete and complying with the general hygienic rules. The customer is obligated to provide the claimed product being clean, free of impurities and harmless to health. As to the procedure of complaints BOTAS company is entitled to refuse to take over the products that don´t comply with general hygienic rules. The complaint procedure including removal of defect has to be settled without useless delay, however no later than 30 days since the day of its application. This term is also in force concerning disallowed complaint. In special cases the head of the company shop or the employee authorized to settle claims can agree with the customer on longer period.
The customer makes a claim in the BOTAS complaints department in Skuteč, (see contacts). The customer can make a claim personally or by post. The customer is obligated to prove that he/she bought the claimed goods directly from BOTAS company. For this proof the customer uses a purchase bill or other credible document. The head of the company shop or the employee authorized to settle claims is obligated to provide the customer with the confirmation of his/her application of claim concerning liability for defects including the date of complaints and the way of complaint settlement. This confirmation has to include information about potential repair and the period of repair realization. If the customer applies some of the rights concerning liability for defects of goods, e.g.the right for removal of defect or discount, he/she is bound by this act and cannot change the choice of applied right unless this is agreed with the employee authorized to settle claims.
The right concerning liability for defects has to be applied within the guarantee period. It is necessary to make the claim without useless delay as soon as the defect was found. Potential delay and ongoing use of goods might cause even worse defect or as the case may be destruction of the goods, which may be the reason for claim refusal. The guarantee period lasts 24 months and it starts on the day when the goods were taken over. The period from the application of the right concerning liability for defects to the term when the customer was obligated to take the product back after realized repair is not included in the guarantee period. BOTAS company is obligated to provide the customer with the confirmation including the date when he/she made the claim as well as information about realized repair and the period of this repair. If the procedure of complaints results in the exchange of the goods, the guarantee period starts running as soon as new goods are taken over. In case only some part of the product is exchanged, the new guarantee period relates to the exchanged part only. The guarantee period cannot be mistaken for the life time of goods, i.e. the period during which the product can be used owing to its quality, purpose of use as well as different intensity of use provided the goods were used in an appropriate way and cared and maintained properly.
Removable defects can be removed without any negative impacts on appearance, function or quality of the goods. If such a removable defect occurs, the customer is entitled to require a proper and timely repair free of charge. BOTAS company is obligated to remove the defect without any useless delay, no later than 30 calendar days since the day when the claim was made. Potential repair will be suggested by the head of the company shop or by the employee authorized to settle claims and one of these persons marks out or agrees on the term in which the customer will take over the repaired goods unless otherwise agreed, (sending by post).If the repair is not applicable owing to the character of the defect, the customer is entitled to require the exchange of the goods, ( i.e. the product can be exchanged for a different one). If the exchange of the goods is not applicable, the customer is entitled to require an adequate price discount or he/she can withdraw from the contract. In case of a removable defect the customer is entitled to require the exchange of the goods , ( i.e. the product can be exchanged for a different one ) or to withdraw from the contract under following conditions : - the procedure of complaints was not settled within 30 days since the day of its application and no other term was agreed, - the customer cannot properly use the goods due to repeated occurrence of a removable defect after repair or due to higher number of removable defects. The repeated occurrence of a defect after repair means that the same defect that was already at least twice removed during the guarantee period appears again. The higher number of defects means that in the period when the procedure of complaints is applied at least three removable defects occur at the same time.
Irremovable defect cannot be removed or its removal is not purposeful considering all decisive circumstances. If an irremovable defect makes proper use of the goods impossible, the customer is entitled to require the exchange of the defective product(s) for the new perfect one(s), ( the product can be exchanged for a different one ) or to withdraw from the sales contract. In case the character of an irremovable defect makes proper use of the goods possible, ( e.g. aesthetical defects ) and the customer doesn´t require the exchange of the goods, he/she is entitled to be provided with an adequate discount from the purchase price or he/she is entitled to withdraw from the contract. The amount of the price discount is derived from the character of the defect, the extent and the way of wear and tear, the period of use and possibilities of further use.
BOTAS company is liable for the sold goods that must comply with the sales contract, i.e. the goods must not be defective. The compliance with the sales contract also means that the quality and utility characteristics are in accordance with those described by BOTAS company or as the case may be the quality and utility characteristics that are common for this kind of goods.
The contradiction to the sales contract which will become evident within six months since the day of the receipt of the goods is regarded as the contradiction existing already at the moment of overtaking the goods unless this rule contradicts the character of the product(s) or unless the contrary is proved. This rule isn´t in force if the customer knew about the contradiction to the sales contract before takeover of the goods or in case the customer himself/herself brought about the contradiction to the sales contract. Contradiction to the character of the goods means that the changed quality of product(s) was caused by natural material changes or by common wear and tear. If the goods don´t comply with the sales contract at the moment of overtaking by the customer, BOTAS company is obligated to arrange such conditions that comply with the sales contract without useless delay. In this case the customer is entitled to require either repair or the exchange of the goods, ( the product can be exchanged for a different one ). If these procedures are not applicable, the customer is entitled to require an adequate price discount or to withdraw from the sales contract.
In Skuteč on 1.7.2012