Complaints procedure

Complaints Procedure

of company MOTORSERVIS Švec s.r.o., company registration number: 48398187, with registered office at Temenická 2244/98, 787 01 Šumperk, registered in the Commercial Register kept at the Regional Court in Ostrava, Section C, Insert 10324, 36903/99 (hereinafter referred to as "Seller")　

Article I.

General provisions

1. This Complaints Procedure has been prepared in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act"), as amended, and regulates the manner in which claims for liability for defects in goods purchased in the Seller's online store, at www.motorservis.cz (hereinafter referred to as the "Goods") can be asserted.

2. The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the Purchase Contract, the Buyer agrees to the General Terms and Conditions and to this Complaints Procedure and confirms that they are duly acquainted with them.

3. The customer of the online shop www.motorservis.cz is either a buyer-consumer within the meaning of Section 2 (1) (a) of the Consumer Protection Act (hereinafter referred to as "Buyer-consumer") or a buyer-entrepreneur who acts within the scope of his/her business activity when concluding and performing the contract (hereinafter referred to as "Buyer-entrepreneur"). The Buyer-consumer and the Buyer-entrepreneur are hereinafter jointly referred to as "Buyer".

4. The Seller acts within the scope of its business activities when concluding and executing the Purchase Contract. The Seller is an entrepreneur who supplies the Goods to the Buyer directly or through other entrepreneurs.

Article II.

Seller’s liability　

1. The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the Seller shall be liable that at the time the Buyer accepted the Goods:

It conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
It is fit for the purpose for which the Buyer requires it and to which the Seller has agreed; and
it is supplied with the agreed accessories and instructions for use, including instructions for assembly or installation.

2. The Seller is further liable to the Buyer-Consumer that at the time of acceptance of the Goods, in addition to the agreed characteristics:

The Goods are fit for the purpose for which the item of this kind is normally used, also with regard to the rights of third parties, legislation, technical standards or codes of conduct of the industry, if there are no technical standards,
The Goods correspond in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of things of the same kind that the Buyer can reasonably expect, also taking into account public statements made by the Seller or by another person in the same contractual chain, in particular advertising or labelling,
The Goods are supplied with such accessories, including packaging, assembly instructions and other instructions for use, as the Buyer-consumer may reasonably expect; and
the item corresponds in quality or workmanship to the sample or model provided by the Seller to the Buyer-Consumer prior to the conclusion of the contract.

3. The Seller shall not be bound by the declaration referred to in paragraph 2 (b) and shall therefore not be liable for such defect of the Goods if they prove that they were not aware of the declaration or that it was modified at the time of the conclusion of the contract in at least a comparable manner as it was made, or that it could not have influenced the Buyer-Consumer's decision to purchase the Goods. Paragraph 2 of this Article shall also not apply if the Seller has specifically advised the Buyer prior to the conclusion of the contract that a characteristic of the Goods is different and the Buyer has expressly agreed to this when concluding the contract, and shall also not apply in cases of purchase of the Goods by the Buyer-entrepreneur.

4. The Goods are accompanied by a tax document - invoice, which is used to make a claim.

5. The Buyer-entrepreneur further acknowledges that they are not entitled to use those rights that are expressly provided for the Buyer-consumer in this Complaints Procedure, that the Buyer-entrepreneur is not provided with a guarantee for quality within the meaning of Section 2113 et seq. of the Civil Code, and that the Seller will satisfy the Buyer-entrepreneur exclusively within the scope of their legal rights from defective performance in the purchase of movable goods and those provisions of the Complaints Procedure that apply to the Buyer-entrepreneur.

Article III.

Rights under liability for defects

1. Obvious damage to the Goods or their packaging during delivery must be immediately addressed with the carrier and the irregularities must be recorded in the handover protocol (delivery note). The Buyer shall not be obliged to accept such Goods from the carrier and shall inform the Seller of the detected damage without undue delay. On the day of acceptance, the Buyer shall duly check the integrity of the Goods and the completeness of their accessories. Furthermore, the Buyer-Entrepreneur shall also inspect the Goods for any other defects without undue delay after receipt and shall point out such defects without undue delay; if they fail to do so, the Buyer-Entrepreneur's right to claim any defects that could have been detected during such inspection shall be extinguished.

2. The Buyer acknowledges that when the Goods are delivered to the Buyer via a carrier, the risk of damage to the goods is transferred already by handing over the goods to the carrier, if the Buyer had a choice of several shipping companies. In the event that the Buyer fails to take delivery of the Goods within the agreed time, the Seller shall be entitled to reimbursement of the costs associated with the storage of the Goods.

3. In the case of personal collection by the Buyer, the moment of acceptance of the Goods is also the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon acceptance, they can only claim for defects detectable during such inspection if they prove that such defects (e.g. missing accessories) were already present in the Goods at the time of the transfer of the risk of damage to the Goods. A later claim for incompleteness of the Goods or external damage to the Goods does not deprive the Buyer-Consumer of the right to claim, but in the case of a Buyer-Entrepreneur, the right to claim any defects that were already detectable during this inspection shall be extinguished. However, the Seller has the possibility to prove that there is no breach of the contract of sale.

4. In the event that the Buyer will send the Goods to the Seller or the Service Centre by transport service, the Buyer should, in their own interest, pack the claimed Goods in suitable and sufficiently protective packaging material that meets the requirements of transport so as not to damage them during transport. In the case of fragile Goods, the shipment should be marked with appropriate symbols. In the event that they fail to do so and the Goods are damaged, it may be very difficult to properly assess any defects in the Goods and the Buyer acknowledges that the Seller shall not be liable for any defects caused during transit from the Buyer to the Seller.

5. The Buyer is obliged to prove in a verifiable manner that the Goods were purchased from the www.motorservis.cz online store. The original proof of purchase of the Goods is optimal. The Buyer is also obliged to describe, to the maximum extent known to the Buyer, what the defect consists of and how the defect manifests itself.

6. The Buyer shall not be entitled to any rights of liability for defects in the Goods if the Buyer caused the defect, especially if the defect was caused by:

mechanical damage to the Goods after they have been handed over to the carrier,
tampering with the Goods, natural disaster, mechanical damage or if the seals have been removed or damaged if the Goods has been provided with seals,
electrical surges (visibly burnt components or circuit boards) except for normal deviations,
improper use,
use contrary to the instructions for use or instructions on the packaging or warranty card,
use contrary to generally accepted rules of use,
use in conditions which do not correspond to the temperature, dustiness, humidity, chemical and mechanical environment directly prescribed by the manufacturer or which are clearly implied by the nature of the product,
improper installation and operation,

and also if the submitted document (invoice, warranty card, etc.) shows obvious signs of changes to the data or if the Goods bear a different serial number from that shown on the submitted document.

7. The Seller's liability for defects does not apply to wear and tear caused by normal use, and also does not apply to Goods sold at a lower price for a defect for which the lower price was agreed, to used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Buyer, and also to Goods for which this is apparent from the nature of the item. The fact that the Buyer no longer wishes to use the Goods purchased and wishes to return them shall not be considered a defect.

8. A defect caused by unprofessional assembly or other unprofessional commissioning is considered a defect if the assembly or commissioning was agreed in the purchase contract and carried out by the Seller or another person under the responsibility of the Seller and also if the assembly was carried out by the Buyer, but the defect was caused by a defect in the instructions provided by the Seller.

9. In case the Goods were intended for professional assembly, it is advisable when asserting the right from defects to submit a document of the professional service or a person authorised to carry out the assembly or an invoice or a receipt of payment indicating the technological procedure, the work carried out, the ordering code of the Goods and the registration number of the vehicle into which the product was mounted. In the event that the assembly or commissioning was not carried out by a professional service or by a person professionally qualified for assembly within the scope of their business activity, and further in the event that the assembly was carried out by the Buyer in violation of the provided instructions (if provided), and as a result of such assembly a defect has arisen on the Goods, the Seller shall not be liable for such defect and the Buyer is not entitled to file a claim with the Seller.

10.In case the Goods require assembly, the Buyer is obliged not to use the Goods after discovering a defect in the already assembled Goods, otherwise it will be very difficult to properly assess the claim. It will greatly help the quick and successful settlement of the claim if the Buyer, in the case where disassembly is not carried out directly by the Seller, provides (or has a third party provide) maximum information about the condition of the vehicle and the Goods at the time of disassembly.

11. If consumables (e.g. battery, accumulator, print head) are included in the package or purchased, they have a normal lifetime of 6 months in normal use, unless explicitly stated otherwise. The Buyer's right to claim the Goods within the statutory period for exercising liability rights is not affected. However, the Buyer must take into account the fact that liability for defects does not apply to wear and tear of the Goods or their parts caused by normal use and cannot be confused with durability.

12. No liability for defects beyond the scope of the law can be applied to gifts provided by the Seller to the Buyer free of charge within the framework of the purchase contract for other paid Goods. In case of withdrawal from the Purchase Contract, the Buyer is obliged to return the Goods provided as a gift in their original condition to the Seller.

13. At the request of the Buyer-Consumer, the Seller is obliged to provide the Buyer-Consumer with a confirmation of the quality guarantee (warranty certificate) in text form if such a quality guarantee is provided. A quality guarantee is not provided unless it is stated directly for the specific Goods and to the extent that it is provided by the manufacturer of such Goods. The warranty certificate must contain the name or business name, registration number and registered office of the Seller, as well as the indication that the Buyer-Consumer has a legal right against the Seller to free remedy and that this right is not affected by the quality warranty, and the designation of the Goods covered by the warranty, the content of the warranty, the procedure for exercising the warranty rights and the terms of the warranty. If a guarantee for quality is provided in excess of the statutory liability for defects, the Seller shall specify the terms and scope of the guarantee in the warranty certificate.

Article IV.　

Period of liability for defects

1. The buyer-consumer is entitled to claim the right of defective performance, which was already present on the Goods at the time of acceptance and will manifest itself in the new Goods within 2 years from the date of acceptance of the Goods. If the defect in the Goods manifests itself within 1 (one) year from the date of acceptance by the Buyer-Consumer, it shall be deemed that the Goods were already defective upon acceptance, unless proven otherwise. In case of purchase of already used Goods, the period for exercising rights from defective performance is 1 (one) year. For the Buyer-entrepreneur, the period within which they can exercise their right of defective performance is 6 (six) months.

2. In the case of Goods with a limited lifetime, which are so called consumables, such as battery sources, light sources, etc., the Seller is liable for defects in the case of the Buyer-consumer for a period of 2 years from acceptance, and in the case of the Buyer-entrepreneur only for the period according to the manufacturer's instructions, but for a maximum of 6 (six) months. However, the Buyer (both entrepreneur and consumer) acknowledges that liability for defects does not extend to a decrease in the capacity of batteries, light source, etc., which occurs through normal use of the Goods.

3. The right of defective performance can only be exercised if the defect in the Goods became apparent no later than on the last day of the period for exercising the right of defective performance, i.e. in the case of the Buyer-consumer no later than 2 (two) years after acceptance (and in the case of used goods no later than 1 year after acceptance) of the Goods, and in the case of the Buyer-entrepreneur no later than 6 (six) months after acceptance of the Goods.

4. Obvious defects, i.e. defects in quantity or defects with obvious damage, which can be detected during inspection of the Goods, the Buyer-entrepreneur is entitled to apply to the Seller no later than at the moment of acceptance of the goods, otherwise this right expires. The Buyer-Consumer is entitled to claim such defects.

5. The Buyer is entitled to exercise the right of defective performance or claim the Goods with the Seller, ideally by sending the defective goods by post to the Seller's address: Temenická 2244/98, 787 01 Šumperk.

6. When making a claim, we recommend that you fill in a claim report with a description of the defect in the Goods ( see the protocol ) so that the Seller has the opportunity to have the defect professionally assessed. The Seller reserves that if the Buyer provides incorrect information or does not provide some necessary information, the Seller is not in default of the remedy of the defects until the Buyer arranges a remedy. Especially in the case of Goods requiring professional assembly, the Buyer's cooperation is absolutely necessary for the subsequent settlement of the claim.

Article V.

Rights arising from defects in goods

1. Depending on the nature of the defect, which was present in the Goods at the time of their acceptance by the Buyer-Consumer and which has manifested itself within 2 years of acceptance of the Goods, the Seller proceeds in relation to the Buyer-Consumer in the following manner in accordance with the Civil Code:

a. if the Goods are defective, the Buyer-Consumer may demand either the delivery of a new item without defects or the repair of the item of their own choice, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the second (non-chosen) method of removing the defect. The Seller may refuse to remove the defect if it is impossible or disproportionately costly to do so, particularly in view of the significance of the defect and the value that the Goods would have without the defect;

b. if the removal of the defect is not refused by the Seller pursuant to a) above, the Seller shall remove the defect within a reasonable time after it has been pointed out so as not to cause the Buyer-Consumer significant difficulties, taking into account the nature of the Goods and the purpose for which the Buyer purchased the Goods. In such a case, the Seller shall also be obliged to take over the Goods at their own expense, and if such a claim requires dismantling of the Goods, the assembly of which was carried out in accordance with the nature and purpose of the Goods before the defect in the Goods became apparent, the Seller shall be obliged to dismantle the defective Goods and assemble the repaired or new Goods themselves or to pay the costs thereof. In the event that such costs have been incurred and the Buyer-Consumer requires the Seller to pay them, the Seller requests that all supporting documents proving the existence and amount of the costs be submitted by the Buyer-Consumer to the Seller already as part of the claim so that their possible reimbursement or refund can be made within the statutory period;

c. in the event that the Seller has refused to remove the defect according to a) above and/or has not removed it in accordance with its obligations set out above, and also in the event that the defect has manifested itself in the Goods repeatedly, the defect of the Goods is a material breach of the purchase contract, or it is obvious from the Seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the Buyer-Consumer, the Buyer-Consumer has the right to withdraw from the contract or to exercise the right to a reasonable discount. The reasonable discount shall be determined as the difference between the value of the item without defect and the defective item received by the Buyer-Consumer. The Buyer-Consumer may not withdraw from the contract if the defect is insignificant;

d. in the event that the Buyer-Consumer withdraws from the contract, the Seller shall refund the purchase price without undue delay after receiving the Goods back from the Buyer-Consumer, or the Buyer-Consumer proves that the Goods have already been sent back to the Seller.

2. The Buyer-Consumer is not entitled to the right of defective performance in the case of the exceptions set out in Article III, paragraphs 6, 9.　

3. The Buyer-entrepreneur is entitled to any rights from defects in the Goods only in relation to defects that were already present in the Goods at the time of acceptance of the Goods, and only to the extent of the statutory rights from defective performance in the purchase of movable property and those provisions of the Complaints Procedure that also apply to the Buyer-entrepreneur.

Article VI.

Handling of claims

1. The Seller shall decide on the legitimacy of the claim by the Buyer-Consumer when it is applied. In more complex cases, where it is necessary to provide a professional assessment or a statement from the manufacturer, the Seller shall decide on its validity within 3 working days. This deadline does not apply to the Buyer-entrepreneur; in the case of the Buyer-entrepreneur, the Seller shall decide on the validity of the claim within 30 calendar days at the latest. The Seller is also obliged to issue a written confirmation to the Buyer-Consumer when the claim is made, stating the date on which the claim was made, what the content of the claim is, what method of settlement of the claim the Buyer-Consumer requires and the contact details of the Buyer-Consumer for the purpose of providing information on the settlement of the claim. This obligation shall also apply to any other persons designated to carry out the repair.

2. In the case of a legitimate and acknowledged claim by the Seller, the claim, including the removal of the defect, must be settled by the Buyer-Consumer without undue delay, no later than 30 days from the date of the claim, unless the Seller and the Buyer-Consumer agree on a longer period. If the circumstances of the case so require, the Seller shall attempt to agree with the Buyer-Consumer on an extension of the time limit as soon as they become aware of the reason for the extension of the time limit. The time limit for the settlement of the claim shall start the day after the claim is made in accordance with Section 605 of the Civil Code. After the expiry of this period, the Buyer-Consumer shall be entitled to the same rights as if it were a significant breach of contract. The 30-day period shall not be binding on the Buyer-Entrepreneur. In the case of a Buyer-entrepreneur, the Seller undertakes to decide on the exercise of the right of defect without undue delay. In more complex cases within 60 calendar days from the date of the claim. In exceptional, justified cases (need for professional assessment in the manufacturer's laboratories, etc.), this period may be extended. The seller shall inform the customer of this fact before the expiry of the 60-day period.

3. The Buyer is obliged to provide the Seller, or an authorized garage, with all assistance to verify the existence of the claimed defect and to remove it. When making a claim, the Buyer is obliged to hand over the Goods clean in accordance with the hygiene regulations and general hygiene principles, including all parts and accessories.

4. The Buyer acknowledges that for selected types of Goods (e.g. electronic parts such as air scales, sensors, etc., as well as air conditioning compressors, particulate filters, control units, etc. ), it is necessary to provide the Seller with more than the usual amount of cooperation, in particular to attach additional documents to the complaint, such as a fault report from the diagnostic equipment, documents from the garage regarding the installation, a copy of the technical certificate of the vehicle or machine for which the Goods were used, etc., according to the individual requirements of the Seller.

5. The Buyer is obliged to hand over the Goods for complaint proceedings complete including all documentation. In the event that the Buyer fails to deliver the Goods complete or fails to provide sufficient cooperation, even though it is necessary for establishing the existence of the claimed defect and/or for its elimination, the time limit for the settlement of the claim begins only after the delivery of the missing parts or the provision of cooperation.

6. The Buyer-Consumer shall also be entitled to reimbursement of the costs reasonably incurred in making the claim, such costs being understood as the lowest possible. This includes, in particular, the postage costs for sending the claimed Goods. The Buyer-Consumer must request reimbursement of these costs without undue delay, but at the latest within one month of the end of the period for exercising the rights arising from defective performance. The Buyer-Entrepreneur is not entitled to this right in the case of defective performance rights.

7. After processing the complaint, the Seller informs the Buyer either by a text message, e-mail or telephone.

8. The Seller shall issue or send to the Buyer a written confirmation stating the date and manner of settlement of the complaint, confirmation of the repair and its duration, or a written justification for the rejection of the complaint.

9. In the event of failure to collect the claimed Goods from the repair within 30 days from the expiry of the time when the repair was processed, the Buyer is obliged to pay the Seller a storage fee of 50 CZK for each commenced day of delay in collecting the Goods.

10. When issuing the Goods after the claim has been settled, the Buyer is obliged to present the document received upon receipt of the Goods for the claim, or must prove their identity.

This Complaints Procedure shall come into force and effect on 1 November 2023 and shall replace all previous versions. Changes to the Complaints Procedure are reserved.