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Claims Code of Conduct
as implemented by the company Escape6 s.r.o, with its registered office at Živcová 872/11, 153 00 Prague 5, and its retail premises at Čestlice 272, 251 01 Čestlice, IČ 26751488, VAT ID CZ26751488, registered in the Commercial Register maintained by the Municipal Court in Prague, sp. no. 91456 (hereinafter referred to as "Escape6" or the "Seller").
I. General Provisions
1. The Claims Code is based on provisions of the Act No. 89/2012 Coll. of The Civil Code (hereinafter referred to as the “PCC”) and the Act No. 634/1992 Coll. that applies to consumer goods (hereinafter referred to as "Goods"); it explains the Buyer's rights and responsibilities related to defective items (hereinafter referred to as "Claims") and how these can be exercised within the warranty period.
2. The Claims Code is an integral part of the General Terms and Conditions. By concluding the Purchase Agreement, the Buyer consents to the Business Terms and Conditions and the Claims Code, and thus confirms that he/she is properly acquainted with them.
3. Any customer of the Escape6 Internet Shop is either a Buyer-Consumer (hereinafter referred to as "Buyer-Consumer") as defined in Section 2 (1) (a). a) of the Act No. 634/1992 Coll. on Consumer Protection, or a Buyer-Entrepreneur (hereinafter referred to as "Buyer-Entrepreneur"), who concludes and fulfils the Contract in accord with his/her business activities. Both the Buyer-Consumer and the Buyer-Entrepreneur are hereinafter referred to as the "Buyer".
4. When concluding and fulfilling the purchase contract, the Seller acts in accord with his/her business activities.The Seller is an entrepreneur who directly or through other businesses offers products or services to the Buyer.
II. The Seller's Responsibilities
1. The Seller is responsible to ensure the Buyer receives Goods with no original defects. Specifically, the Seller is liable to guarantee that upon delivery all Goods:
-have characteristics agreed upon by both parties, and if there is no agreement, those characteristics that the Seller or the manufacturer has described or which the Buyer has expected with regard to the nature of the Goods and their advertised performance,
-are suitable for purposes indicated by the Seller or for which items of this kind are usually used for,
-correspond to the quality or design of an agreed sample or a model, if these were determined according to an agreed template design,
-correspond to their appropriate quantity, measurement or weight,
-and meet legal requirements.
2. All Goods are accompanied by a tax document and some products also include a warranty card. If there is no warranty card, claims can filed using the tax document.
III. Rights Associated with Defective Goods
1. Any apparent damage to purchased Goods or their packaging upon delivery must be immediately resolved with the carrier and noted in the handover protocol (a shipping note). The Buyer is not obliged to accept such Goods from the carrier, and should promptly inform the Seller about any damage or discrepancies. The Seller strongly recommends the Buyer immediately upon delivery checks contents of the shipment and the functionality of the ordered Goods.
2. In cases of personal collection, once purchased Goods are accepted by the Buyer and handed over, any risk of damage to the Goods falls solely upon the Buyer. If the Buyer fails to inspect the Goods at the time of acceptance, the Buyer may assert claims for defects found during this inspection only if he/she can prove that such defects (eg, missing accessories) were already present during the hand-over. The Buyer has the right to later claims about missing parts or external damage to the Goods. However, the Seller has an opportunity to prove that this is not a contradiction with the purchase contract.
3. The Buyer-Consumer may claim purchased Goods in person at the Seller's premises or send the item(s) to Escape6 s.r.o., Čestlice 272, 251 01 Čestlice with postal services.
4. If the Buyer sends damaged Goods to the Seller by postal services, he/she should attempt to pack the claimed Goods into a suitable and sufficiently protective packaging material suitable for safe transport in order to prevent any additional damage. Fragile Goods should be marked by appropriate symbols. The shipment should contain all claimed Goods (including all accessories). We also recommend to attach a copy of the sales receipt, a detailed description of the claimed defect and correct contact information about the Buyer.
5. The Buyer is obliged to prove that all claimed Goods were purchased in the Escape6 s.r.o online shop or on the Escape6 s.r.o shop premisses. Typically, this means providing a copy of the sales receipt or a correctly completed warranty card.
6. The rights and responsibilities for defects of purchased Goods shall not apply to cases where the defect or damage was caused by:
-mechanical handling of Goods,
-provable tampering with a device, natural disasters, mechanical damages or, in cases of sealed items, a removal or damage to existing seals,
-an electrical voltage overload (visibly burned components or printed circuit boards) except for normal deviations,
-usage that contradicts an instructions manual, packaging guidelines or warranty card information,
-usage contradictory to any generally accepted rules of use,
-a provable exposure to inappropriate temperature, dust, humidity, chemicals or environments that are not recommended by the manufacturer or which are clearly unsuitable due to the nature of relevant Goods,
-a demonstrably unprofessional installation and operation,
-if the submitted warranty card indicates data tempering or if the product's manufacture number differs from one in the warranty card.
7. The Seller's responsibility for defects does not apply to already used and worn out items, to Goods sold at a lower price due to defects for which a lower price has been agreed for, and to worn out goods sold as such and affected by their normal use or their natural properties.
8. Any damage caused by improper installation or other improper handling is considered a defect if such an assembly or installation is agreed upon in the purchase contract and carried out by the Seller or another person for which the Seller is responsible.
9. Unless otherwise indicated, if contents of the packaging or the purchased item itself are consumables (eg., batteries, accumulators, halogen bulbs), their typical service life in normal use is 6 months. The Buyer's right to claim any Goods within the statutory warranty period is not affected. However, the buyer must take into account that the warranty does not cover worn out Goods or components that have been normally used and should not be confused with their service life.
10. Gifts, which the Seller offers to the Buyer free of charge under the Purchase Contract for other paid Goods, are not subject to any warranty or liability for defects beyond any existing laws. If the Buyer withdraws from the purchase contract, he/she is obliged to return any Goods offered as gifts to the Seller in their original condition.
11. At the Buyer's request, the Seller is obliged to provide a written confirmation of obligations related to defective performance as stipulated by the law (the warranty card). The warranty card must contain a name or business name, a company ID and the Seller's registered office. If relevant, it is sufficient to issue the Buyer with a proof of purchase instead of a warranty card, given the document contains similar information. If the warranty period provided by the Seller exceeds the statutory warranty period, the Seller notes relevant terms and the extent of the warranty extension in the warranty card.
1. The Buyer-Consumer has the right to claim defective consumer Goods within twenty-four (24) months after delivery or purchase. For defects occurring within a period of six months, it is assumed that purchased Goods have been defective upon delivery or purchase, unless proven otherwise. For purchases of used Goods, the Buyer is entitled to claim defective performance within twenty-four (24) months. The warranty period for the Buyer-Entrepreneur is twelve (12) months.
2. The warranty period begins with the Buyer accepting purchased Goods. This period is extended by the time during which Goods are in repair. In cases of replacement of damaged Goods under the warranty repair, the original warranty period continues.
3. If purchased Goods are commissioned by a business other than the Seller, the warranty period begins from the date of commissioning if the Buyer ensures Goods are operational within three weeks of receipt of the item and arranges the necessary assistance in a timely manner . The date of commissioning of the Goods is indicated in a commissioning document received by the Buyer. Thus, the start of the warranty period is only postponed if all of the above conditions are met. If either of them is not fulfilled, the warranty period starts from the date of delivery or acceptance of purchased Goods.
V. Rights Associated with Defected Goods
1. If a purchased item does not have properties specified in the Seller's Responsibilities section, the Buyer-Consumer may request a delivery of a new item free of defects, unless such arrangement is disproportionate to the nature of the defect. If the defect only affects a part of the item, the Buyer-Consumer may only request a replacement of this component. If this is not possible, the Buyer may withdraw from the contract. However, if a withdrawal is disproportionate to the the nature of the defect, especially if the defect can be immediately removed, it is an insignificant breach of the contract and in this case the Buyer-Consumer has the right to request a repair free of charge.
2. If purchased Goods cannot be properly used due to a re-occurring defect after a repair, or due to a greater number of defects, the Buyer-Consumer has the right to request a new item or a replacement of individual components even when defects can be removed. In this case, the Buyer-Consumer has the right to withdraw from the contract. A re-occurring defect is any defect that has been repaired at least twice within the warranty period and continues to recur. If purchased Goods have been repaired at least three times for various removable defects prior to the claim, they are considered defective on multiple grounds.
4. If the Buyer-Consumer does not withdraw from the contract or exercises the right to receive a new item without defects, replacement of its component or repair, he/she may request a reasonable discount. The Buyer-Consumer has the right to a reasonable discount even if the Seller cannot deliver new Goods without defects, replacement of its parts or repair of the Goods; a discount request also applies if the Seller fails to remedy the situation within a reasonable time or if a replacement or a repair cause considerable difficulties for the Buyer-Consumer.
5. The Buyer is not entitled to the right associated with defective performances if the Seller informs the Buyer about existing defects prior to the purchase and delivery/ acceptance of Goods or if damages were caused solely by the Buyer.
6. The Buyer-Consumer is entitled to withdraw from the contract in all cases specified in the PCC and the Law. The withdrawal is effective as soon as the Seller receives the Buyer-Consumer's declaration of withdrawal according to all statutory conditions of §2001 et seq. PCC. In the case of withdrawal from the contract, the contract is canceled in its totality and both parties are obliged to return all items associated with the contract.
7. In the case of withdrawal from the contract, the Buyer is obliged to return to the Seller all Goods, including all accessories.
8. For defects of goods that have been sold as used or at a discount that reflects lower quality at the time of sale, the Buyer-Consumer is entitled to a reasonable discount instead of the right to exchange the Goods.
VI. Claims Settlement
1. The Seller must resolve any claim immediately or, in complex cases, within 3 working days. This period does not include any additional time necessary for an expert assessment of specific defects. Unless the Seller and the Buyer-Consumer agree on a longer period, all claims, including the removal of defects, must be settled as soon as possible, but no later than 30 days from the date of a claim application. If the Seller and the Buyer-Consumer agree on a longer period, the claim must be settled by the end of this extended period. The claim settlement period begins the day after the claim is filed in accordance with Section 605 of the PCC. After this period, the Buyer-Consumer has same rights as in the case of a contract breach. The 30-day period is not binding for Buyer-Entrepreneurs.
2. The Buyer-Consumer may enquire about his/her complaint status within the same retail premisses where the claim is initiated, or by calling a customer line +420 222 519 645.
3. The Buyer is obliged to provide the Seller, or the authorized service, with all assistance to verify the existence of the claimed defect and to remove it (including testing or dismantling of the product). All Goods and their components returned by the Buyer should be clean according to hygiene regulations and general hygiene rules. Any oil or petrol stains should be removed from the Goods. If the Buyer does not comply to these requirements, he/she risks the claim to be rejected due to the Good's contamination or staining.
4. In order to finalise the claim, the Buyer is obliged to return Goods with no missing parts. In addition, it is recommended to attach a copy of the sales receipt, a detailed description of the defect and full contact details (address, phone, e-mail). In the event that the Buyer fails to deliver a complete product and its completeness is necessary to determine the existence of any claimed defect and /or its removal, the claims settlement period begins upon delivery of the missing parts.
5. When making a claim, the Buyer receives a written confirmation - a complaint protocol, which serves as a proof of his/her claim. When completing the complaint protocol, the Buyer is obliged to provide all required data and their validity and correctness is confirmed by the Buyer's signature. The complaint protocol includes information about when the claim was filed, what is its content and what method of claim settlement is requested by the Buyer-Consumer. If the Buyer-Consumer sends a defective product by postal services, he/she will receive the complaint protocol by e-mail no later than the next business day after the product delivery to the Seller.
6. The Buyer-Consumer has the right to reimburse all costs associated with the claim procedure. These costs are expected to be the lowest possible, and include especially postage costs of claimed Goods. The Buyer-Consumer must apply for the reimbursement of these costs as soon as possible and no later than one month after the end of the period for exercising the rights associated with defective Goods.
VII. Warranty Repairs
1. After the claims is settled, the Seller informs the Buyer either via SMS, e-mail or by telephone. If repaired Goods are shipped and not handed over in person, they are sent to the Buyer's address.
2. The Seller issues or sends to the Buyer a written confirmation stating the date and methods of resolving the complaint, a confirmation of the repair and the duration of the claim period, or, alternatively, reasons for rejecting the Buyer's complaint.
3. If the claimed Goods are not collected from the warranty repair within 1 month of the expiry of the warranty repair, the Buyer is obliged to pay the Seller a storage fee of CZK 50 for each consecutive day.
4. When handing over repaired Goods, the Buyer is obliged to provide a warranty repair document or a proof of identity.
This Claims Procedure is valid from January 10, 2018 and replaces all previous versions. We reserve the right to make changes to the Claims Procedure.
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