Complaints Procedure Code

Online store operator:

Company Name: César & Charles clothing sro
Registered office: Havelská 502/21, Old Town, 110 00 Prague 1
Mailing and delivery address: Comgate – César&Charles, Areál Elitex, Vrchlického 323, 517 21 Týniště nad Orlicí, Czech Republic.
Email for communication: [email protected]
IČO: 05212456
Recorded in the Commercial Register under the code C 100690 at the Municipal Court in Prague.

  1. Basic provisions
    1. This Complaints Procedure (hereinafter only as the “Complaints Procedure”) governs and informs about the rights arising from defective performance and withdrawal from the Contract by the Consumer under the contractual relationship between the company César & Charles clothing sro, with the registered office Havelská 502/21, Old Town, 110 00 Prague, ID 05212456 (hereinafter only as the “Supplier”) and the Customer as defined below.
    2. For the purposes of this Complaints Procedure the following terms used with a capital letter will have following meaning:
      Supplierthe seller pursuant to Section 2079 of the Civil Code, which is always the business company César & Charles clothing sro,  with the registered office at Havelská 502/21, Old Town, 110 00 Prague, ID: 05212456, recorded in the Commercial Register under the code C 100690 at the Municipal Court in Prague
      Customerthe buyer under Section 2079 of the Civil Code and the customer under a contract for work pursuant to Section 2586 of the Civil Code; the Customer is also understood as the Consumer
      ContractContract for the supply of goods concluded between the Supplier and the Customer
      Contractual PartiesSupplier and Customer
      Consumerin accordance with Section 419 of the Civil Code, any person who concludes the Contract with the seller outside the scope of his/her business activity or outside the framework of the independent conduct of his/her profession,
      Warrantyhas the meaning described in paragraph 4.1
  2. Rights arising from defective performance
    1. The rights and obligations of the contractual parties regarding the rights arising from defective performance are governed by the generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code (hereinafter only as the “Civil Code”)).
    2. The Customer inspects the Goods as soon as possible after the risk of damage is transferred to the Customer to confirm that the Goods have the appropriate properties and quantity and check that the packaging is intact. If any faults are detected, the Customer is obliged to notify the Supplier or the carrier of this and is entitled to refuse to accept the relevant Goods. If the Customer accepts damaged shipment from the Supplier or the carrier, the relevant damage must be described in the handover report. If this obligation is breached, the Customer’s rights arising from defective performance cease to exist; this does not apply to a Consumer.
    3. The Suppliers guarantees to the Customer that the Goods are free of defects upon handover. In particular, the Supplier guarantees to the Customer that at the time of the Goods being received by the Customer:
      a) the Goods have the properties agreed upon by the parties and if no agreement exists, the Goods have the characteristics described by the Supplier or the manufacturer or expected by the Customer in view of the nature of the Goods and the advertising promoting the Goods;
      b) the Goods are fit for the use stated by the Supplier or customary for this type of the Goods;
      c) the Goods are in accordance with the sample or the model in terms of their quality or design of the agreed sample of template if the quality or design is specified according to the agreed sample or model;
      d) the Goods are supplied in the adequate quantity, extent or weight; and
      e) the Goods are in accordance with the requirements of legal regulations.
    4. The provisions specified in paragraph 2.3 will not apply to any Goods sold at a reduced price agreed upon due to a fault, to any wear and tear of the Goods caused by their regular use, to used goods and their faults reflecting the extent of their use or wear and tear at the time of their handover to the Customer, or if this arises from the nature of the Goods.
    5. A fault represents a major breach of the Contract if the Supplier was or must have been aware prior to concluding the Contract that the other party would not conclude the Contract if the party could have anticipated this breach. In all other cases breaches will not be deemed significant.
    6. If defective performance is a major breach of the Contract, the Customer will be entitled to have a new item delivered, to have the relevant item repaired, to receive an adequate discount from the price, or to withdraw from the Contract.
    7. If defective performance is a minor breach of the Contract, the Customer will be entitled to have the damage repaired or to receive an adequate discount from the price.
    8. Claiming a fault with the Supplier (complaint) does not relieve the Customer from the obligation to pay the Price. The provisions of Section 2108 of the Civil Code will not apply. The provisions of this paragraph will not apply is the Customer is a Consumer.
    9. The Customer may not withdraw from the Contract under its right arising from defective performance or request delivery of a new item if the Customer is unable to return the item in the condition in which the item was received. This does not apply in the following cases:
      a) If the condition changed due to an inspection to detect the fault;
      b) If the Customer used the item prior to detecting the fault;
      c) If the Customer is not prevented from returning the item in an unchanged condition by its own action or omission; or
      d) If the Customer sold the item prior to detecting the fault, consumed or altered the item through its regular use; if this has only happened partially, the Customer will return to the Supplier those items that can be returned and will compensate the Supplier for the benefit the Customer obtained from the item.
  3. Complaints procedure
    1. The Customer is obliged to claim the fault with the Supplier without undue delay immediately after being able to detect it during a timely inspection and due care. If the relevant fault is a hidden fault, the Customer is obliged to claim the fault with the Supplier without undue delay after being able to detect it with due care but no later than two years after the handover of the item. The Customer will inform the Supplier in the complaint or following the complaint without undue delay about the right arising from defective performance the Customer has chosen to claim. If the Customer fails to do this in a timely manner, the Customer will be able to claim exclusively the rights pursuant to paragraph 2.7 even in the case of defective performance representing a major breach of the Contract.
    2. The Customer claims the rights arising from defective performance (complaints) by sending the goods to the address Comgate, a.s. Areál Elitex, Vrchlického 323, 517 21 Týniště nad Orlicí, Czech Republic. When sending the goods, the Customer informs the Supplier at the same time in writing or via electronic mail sent to the address [email protected] about the following:
      a) the fault, its nature and occurrence;
      b) the selected entitlement arising from defective performance;
      c) a copy of the document proving the purchase of the goods (invoice, payment receipt, or other proof) or order number the Supplier provided to the Customer when concluding the Contract, or the Customer is obliged to document to the Supplier in a different credible manner the purchase of the goods and its timing;
      d) The Customer’s identification and contact details to the extent necessary for processing the claim.
    3. The time of the Supplier’s receipt of the goods subject to the complaint from the Customer is deemed the time of claiming the rights from defective performance.
    4. The cost of claiming the rights arising from defective performance will be borne by the Customer and the Supplier may transport faulty goods at its own cost under a prior agreement with the Customer.
    5. The Supplier will provide a written confirmation of the time of lodging the complaint, the contents of the complaint and the manner of resolving the complaint required by the Customer. The Supplier will also confirm in writing the date and the manner of resolving the complaint, including confirmation of completed repair and the time required for the repair, or a written justification of rejected complaint for the Customer.
    6. The Supplier or an employee authorised by the Supplier decides on complaints immediately or within three business days in more complex cases. This time limit does not include an adequate time required for specialised assessment of the fault. Complaints must be processed and any repairs of faults must be completed without undue delay but no later than within 30 business days of the day of claiming the complaint, unless the seller and the consumer agree on a longer time limit. Expiry of this time limit in vain is deemed a major breach of the Contract.
  4. Quality Guarantee
    1. The Supplier guarantees that the delivered goods will be, unless specified otherwise, fit for use for the regular purpose for 24 months and that the goods will retain its usual properties (hereinafter the “Warranty”). The Warranty does not apply to regular wear and tear due to regular use of the goods.
    2. If personal collection at a collection point of delivery by the Supplier is selected as the delivery method, the warranty period begins to elapse at the time of transfer of the risk; if shipping by a carrier is selected as the delivery method, the warranty period begins to elapse once the goods are delivered to the specified destination.
    3. Article 3 will be applied to notification of faults subject to the Warranty and to the complaints procedure.
  5. Withdrawal from the Contract by the Customer
    1. The Customer who is a Consumer is entitled to withdraw from the Contract within fourteen days. The time limit pursuant to the first sentence begins to elapse from the date of concluding the Contract and in the case of
      a) a contract for purchase from the day the goods are taken over;
      b) a contract on several types of goods or on delivery of several parts from the day the last delivery of the goods is taken over; or
      c) a contract on regular recurrent deliveries of the goods from the day the first delivery of the goods is taken over.
    2. The Consumer acknowledges that pursuant to Section 1837 of the Civil Code the Consumer is not entitled to withdraw from a contract on delivery of goods modified at the Consumer’s request.
    3. To withdraw from the Contract, the Consumer may use the sample form provided by the Supplier attached to the Complaints Procedure Code and available at the address [Complaint Form]. The Consumer may withdraw from the Contract by sending the form to the Supplier’s e-mail address [email protected] and the receipt of this form will be confirmed for the Consumer immediately in a text format.
    4. After withdrawing from the Contract, the Consumer will send or hand over to the Supplier any performance received previously without undue delay but no later than 14 days of withdrawing from the Contract. The Consumer is aware that the cost of returning the goods will be borne by the Consumer, including the cost of returning the goods that cannot be returned via the regular mail service owing to their nature.
    5. The Consumer answers to the entrepreneur for reducing the value of the goods due to handling of the goods contrary to the appropriate handling in view of the nature and properties of the goods. If the goods are damaged, the Supplier is entitled to set off its entitlement to compensation for damage unilaterally against the Consumer’s entitlement to reimbursement of the Price.
    6. The Supplier will reimburse the Consumer for all payments received from the Consumer, including costs of delivery in the cheapest available manner, without undue delay but no later than 14 days of withdrawing from the Contract. The Supplier is not obliged to reimburse the payments before receiving the goods from the Consumer or before receiving a proof of the Consumer having sent the goods to the Supplier. The Supplier will reimburse all payments to the Consumer in the manner in which the payments were sent to the Supplier.
    7. The client is required to return the purchased goods in the original wrapping and complete packaging, including all intact tags to identify the goods and the invoice for the returned goods. The invoice will be sent to your registration e-mail within three business days after the full amount has been credited to our bank account (applies to payments via cash on delivery and bank transfer). Invoices for online payments are sent immediately.
  6. Final Provisions
    1. The Complaints Procedure Code is an annex to and a part of the Terms and Conditions governing the relationship between the Supplier and the Customer in accordance with Section 1751(1) of the Civil Code.
    2. This Complaints Procedure Code becomes effective on 01.07.2017

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