Complaint policy

Complaint policy

(Effective from August 28, 2024)

Introductory provisions

1.1 Goldfinger porcelán, v.o.s., with its registered office at Štursova 34, 616 00 Brno, Company ID: 25395335, registered with the Regional Court in Brno, Section A, Insert 16057 (hereinafter referred to as the "seller" or "Goldfinger Porcelán"), issues this complaint policy in accordance with the Civil Code of the Czech Republic and the Consumer Protection Act. This policy properly informs the buyer, who is a consumer (hereinafter referred to as the "customer" or "buyer"), about the scope, conditions, and method of exercising rights related to liability for defects, including warranty claims (hereinafter referred to as "complaints"), and specifies where complaints can be filed.

1.2 The seller's liability for defects in goods in relation to buyers who are not consumers is governed exclusively by the currently valid general terms and conditions and the Civil Code. The provisions of this complaint policy do not apply in such cases unless otherwise stated in the seller’s general terms and conditions.

1.3 This complaint policy is issued in accordance with the Civil Code, the Consumer Protection Act, and other generally binding legal regulations of the Czech Republic.

1.4 This complaint policy is available at a visible location accessible to customers in every business premises of the seller and is also published on the seller's website. By concluding a purchase contract via the seller's e-shop (www.goldfinger-porcelan.cz and www.goldfinger-porcelan.eu), this complaint policy becomes part of the contractual documentation between the customer and the seller. In the event of discrepancies between the general terms and conditions of the seller and this complaint policy, the provisions of this complaint policy shall prevail.

scope of the seller’s liability for defects and warranty for quality

2.1 The seller guarantees that the goods are free of defects upon receipt by the buyer.

2.1.1 In particular, the seller guarantees that the goods:
a) comply with the agreed description, type, quantity, quality, functionality, compatibility, interoperability, and other agreed properties,
b) are suitable for the purpose required by the buyer and agreed upon by the seller, and
c) are delivered with agreed accessories and instructions for use, including installation or assembly manuals if applicable.

2.1.2 Additionally, the seller guarantees that the goods:
a) are suitable for the usual purpose of goods of this type, taking into account third-party rights, legal regulations, technical standards, or industry codes of conduct,
b) match the quality, quantity, and characteristics—including durability, functionality, compatibility, and safety—that a consumer can reasonably expect, considering public statements made by the seller or another person in the contractual chain, including advertisements or labeling,
c) are delivered with accessories, including packaging, assembly manuals, and other instructions that the buyer can reasonably expect,
d) conform in quality or design to a sample or prototype that the seller provided to the buyer before concluding the contract.

2.1.3 The seller is also responsible for defects resulting from incorrect assembly or installation, if these were performed by the seller or under their responsibility. This also applies if the assembly or installation was carried out by the buyer but a defect occurred due to a deficiency in the instructions provided by the seller.

2.2 Normal wear and tear caused by regular use is not considered a defect. For used goods, wear and tear consistent with prior use is not considered a defect. The buyer is not entitled to claim rights for defects if they caused the defect themselves.

2.3 The buyer has the right to make a claim for defects appearing within two years from the date of receipt of the goods, or within twelve months in the case of used goods. If the defect appears within one year of receipt, it is presumed that the goods were already defective at the time of receipt unless the nature of the goods or defect suggests otherwise.

2.4 The seller may provide a quality guarantee extending beyond legal liability for defects. The conditions and scope of such a guarantee will be specified in a warranty statement, and the seller will issue a warranty certificate under the terms specified in the Civil Code.

2.5 If a warranty for quality is provided, the warranty period begins on the date the goods are handed over to the buyer. If the contract stipulates delivery, the period starts upon delivery to the agreed destination. If another party is responsible for putting the goods into operation, the warranty period begins from the date of commissioning, provided the buyer requested this service within three weeks of receipt and provided necessary cooperation.

2.6 If the buyer rightfully claims a defect, the period for making claims or the warranty period is suspended for the time the buyer cannot use the goods due to the defect.

filing a complaint

3.1 The buyer may file a complaint in any of the seller's business premises, or directly at the seller's registered office. Complaints may be submitted in person, in writing, via email at [email protected], or by calling +420 732 227 312. If a specific service center is designated for repairs, the buyer may file the complaint there instead.

3.2 The seller will cover the costs of defect removal. If the defect requires disassembly of an item properly installed in accordance with its purpose, the seller will carry out disassembly and reassembly, or reimburse the buyer for these costs.

3.3 When filing a complaint, the seller or the designated service center must issue a written confirmation to the customer specifying the date the complaint was filed, a description of the complaint, and the buyer's requested method of resolution.

3.4 Complaints must be resolved within 30 days from the date they are filed, unless the seller and consumer agree on an extended period.

general complaint conditions

When filing a complaint, the buyer is required to:
a) present proof of purchase or provide other convincing evidence that the goods were purchased from the seller,
b) return the goods, including all accessories that were part of the purchase, if claiming a replacement or contract withdrawal,
c) cooperate in filling out a complaint protocol with an authorized employee of the seller.

claims for defects

5.1 If the goods have a defect, the buyer has the right to its removal.

5.2 The buyer may choose between repair or replacement, unless the selected method is impossible or disproportionately expensive compared to the alternative.

5.3 The buyer may request a reasonable discount or withdraw from the contract if the seller refuses to remedy the defect or it is evident that the defect will not be resolved within a reasonable period.

post-warranty repairs (after-sales service)

The seller may arrange post-warranty repairs through designated partners, under terms, timelines, and prices set by these service providers.

alternative dispute resolution

If the buyer is dissatisfied with the way the seller handled their complaint or believes the seller has violated their rights, they have the right to seek alternative dispute resolution. The Czech Trade Inspection Authority is responsible for such disputes.

final provisions

8.1 The seller reserves the right to amend this complaint policy, which becomes effective on the date of publication.

8.2 This complaint policy is valid and effective from August 28, 2024, and fully replaces the previous version.

8.3 By confirming an order via the seller’s e-shop, the buyer acknowledges and agrees to this complaint policy.