COMPLAINTS RULES AND WARRANTY TERMS
related to the sale and purchase of goods in the e-shop www.vivido.cz
1.1. The seller, who is Ing. Peter Bočan – VIVIDO, with the place of business Račianska 13152/69B, 831 02 Bratislava – Nové Mesto, ID: 54 188 474, registered in the Trade Register of the District Office Bratislava, the trade register number: 110-306693, as an entrepreneur, is the operator of the online store www.vivido.cz (hereinafter referred to as “e-shop”). The e-shop offers for sale to end customers specific goods representing collectors’ and utility items (hereinafter referred to as “goods” or “item of purchase”). The seller is an entrepreneur registered in the trade register of the competent register office, who carries out business activities in his own name, on his own account, at his own business risk.
1.2. The seller is responsible for defects in the goods and the buyer is obliged to apply the claim immediately to the seller.
1.3. This Complaints Policy applies to the handling of complaints. The Complaints Policy and the Warranty Terms apply equally to buyers – natural persons as well as to buyers of natural persons – entrepreneurs and legal entities.
Liability for defects and warranty period
2.1. The seller is liable for defects that the object of the purchase has at the moment when the risk of damage to the object of the purchase passes to the buyer and which were caused by violation of the seller’s obligations. The seller’s obligations and the buyer’s rights under the quality guarantee are not affected by this.
2.2. The seller is not liable for defects in the object of the purchase, which the buyer knew about at the time of receipt of the object of the purchase, or about which, considering the circumstances under which the object of the purchase was handed over and taken over, must have known, unless the defects relate to such characteristics of the subject of the purchase that the object of the purchase should have had under the purchase contract. If the object of the purchase was a used item, the seller is not responsible for defects in the object of purchase caused by its reasonable/ normal use or wear and tear.
2.3. The warranty period of purchased new goods is 24 months and the warranty period of purchased second-hand goods is 12 months. The warranty period begins to run from the date of receipt of the goods by the buyer. Defects in goods and claims arising therefrom must be claimed by the end of the warranty period. At the end of the warranty period, the right to claim ceases.
2.4. The warranty period is extended by the period during which the buyer could not use the goods due to their remedy.
2.5. In the case of exchange of goods for new ones the warranty period shall start to run again from the receipt of new goods, but only for the replaced goods, or part of it.
3.1. The buyer has the right to claim with the seller a guarantee only for goods that show defects caused by the manufacturer, supplier or seller, covered by the warranty and purchased from the seller.
3.2. During the warranty period the buyer has the right to have the defect removed free of charge upon presentation of the goods, including their accessories.
3.3. Complaints are handled by the seller in writing or electronically without delay. If the goods show defects, the buyer has the right to make a claim in the seller’s premises pursuant to Section 18 (2) of Act No. 250/2007 Coll. on Consumer Protection by delivering the goods to the address of Ing. Peter Bočan – VIVIDO, Račianska 13152/69B, 831 02 Bratislava (unless the seller determines otherwise – e.g., to deliver the goods directly to a designated person), delivering it by post together with the claimed goods or delivering the claim form electronically. When making a claim, the buyer is obliged to prove that the goods were purchased from the seller and are within the warranty period (e.g., proof of payment). The buyer is obliged to accurately indicate the type and extent of defects of the goods. The complaint procedure for goods which can be objectively delivered to the seller shall begin on the date on which the following conditions are met at the same time:
3.3.1. delivery of the completed claim form,
3.3.2. delivery of the claimed goods, including accessories.
3.4. The claim form can be downloaded by the buyer here: Complaint form for claiming by the buyer. The start of the complaint procedure is referred to as the date of the claim. In case of any doubt, the buyer may contact the seller at +421 910 999 398 or e-mail email@example.com.
3.5. The seller is obliged to accept a claim in any of his premises where acceptance of the complaint is possible, i.e., in his place of business or with a designated person pursuant to § 18(2) of Act No. 250/2007 Coll. on Consumer Protection. At the place designated for receiving complaints the seller is obliged to ensure the presence of a person authorized to handle complaints.
3.6. The seller or the designated person shall issue to the buyer a confirmation of the claim of the goods in an appropriate form chosen by the seller, e.g., in the form of an e-mail or in writing, in which he is obliged to accurately identify the defects of the goods.
3.7. If the claim is made by means of distance communication, the seller is obliged to deliver the confirmation of the claim to the buyer immediately; if it is not possible to deliver the confirmation immediately, it must be delivered without undue delay, but at the latest together with proof of the settlement of the complaint; confirmation of the claim does not have to be delivered if the buyer has the opportunity to prove the claim in another way.
3.8. If the buyer makes a claim, the seller or the employee authorized by him shall inform the buyer of his rights. According to the buyer’s decision, which of his rights pursuant to § 622 and prov. of § 623 of the Civil Code applies, the seller or the designated person is obliged to determine the method of handling the complaint immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required, no later than 30 days from the date of the start of the complaint procedure.
3.9. After determining the method of handling the complaint, the seller or the designated person shall handle the complaint immediately, in justified cases the complaint can be settled later. However, the settlement of the complaint may not take more than 30 days from the date of the claim. After the expiry of the time limit for the settlement of the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the goods for new goods. The seller informs the buyer about the end of the complaint procedure and the outcome of the complaint in the form agreed between the two parties (by e-mail / registered letter) and at the same time the buyer shall receive a complaint protocol together with the goods.
3.10. If the buyer has made a claim for the goods within the first 12 months after the conclusion of the purchase contract, the seller may reject the claim solely based on an expert opinion or an opinion issued by an authorized, notified or accredited person or an opinion of a designated person (hereinafter referred to as “expert assessment”). Regardless of the outcome of expert assessment, the seller may not require the buyer to reimburse the costs of the professional assessment of the goods or other costs related to the professional assessment of the goods.
3.11. If the buyer has made a claim for the product after 12 months from the conclusion of the purchase contract and the seller has rejected it, the person who handled the complaint is obliged to indicate in the proof of settlement of the complaint to whom the buyer can send the goods for professional assessment. If the buyer sends the goods for professional judgement to the designated person mentioned in the proof of settlement of the claim, the costs of the professional assessment of the goods as well as all other related expediently expended costs shall be borne by the seller regardless of the outcome of the expert assessment. If the buyer proves by expert assessment the seller’s liability for the claimed defect of the goods, he can reapply the claim; during the professional assessment of the goods, the warranty period does not expire. The seller is obliged to pay the buyer within 14 days from the date of the re-submitted claim all costs involved for the professional assessment of the goods as well as any other related costs. The reapplied claim cannot be rejected.
Methods of handling the complaint
4.1. The seller can always instead of correcting the defect replace the defective item with a flawless one unless this causes serious difficulties to the buyer.
4.2. The seller is obliged to settle the complaint and complete the complaint procedure in one of the following ways:
4.2.1. handing over the repaired goods,
4.2.2. exchange of goods,
4.2.3. returning the purchase price of the goods,
4.2.4. payment of a reasonable discount on the price of the goods,
4.2.5. a written notification to take over by the seller intended performance,
4.2.6. justified rejection of the claim of the goods.
4.3. In the case of a removable defect of the goods the claim shall be settled depending on the buyer’s decision in one of the following ways:
4.3.1. by removing the defect, or
4.3.2. the seller replaces the defective goods.
4.4. Entitlement to a free warranty repair ceases:
4.4.1. if the buyer does not prove that the defective goods were purchased from the seller,
4.4.2. failure to report obvious errors in receipt of the goods,
4.4.3. the expiry of the warranty period of the goods,
4.4.4. mechanical damage to the goods caused by the buyer,
4.4.5. improper treatment or neglect of care for goods,
4.4.6. damage to the goods by accidental destruction and accidental deterioration,
4.4.7. unprofessional intervention, transport damage, damage by water, fire,
4.4.8. static or atmospheric electricity or force majeur.
4.5. If there is a defect that cannot be corrected, or more than once repeated removable error, or a larger number of different removable errors that prevent the goods from being properly used as error-free, the seller shall handle the claim in one of the following ways, depending on the buyer’s decision:
4.5.1. exchange of goods for other goods,
4.5.2. if the seller cannot exchange the goods for other, he shall settle the claim by returning the purchase price, i.e., by issuing a credit note for the defective goods.
4.6. A repeatable fixable error is considered to occur more than twice. The occurrence of more than three different removable errors at the same time is considered as a larger number of removable faults.
4.7. The settlement of the complaint applies only to errors mentioned in the complaint. The seller is obliged to issue a written document to the buyer about the method of handling the complaint and the settlement of the complaint no later than 30 days from the date of the claim by post, courier company, or by e-mail.
4.8. If the seller terminates the complaint procedure as a justified rejection of the claim, and the buyer disagrees with the decision, the buyer may exercise his right to have the defect of the goods removed through court.
5.1. This Complaint Procedure is valid for all premises of the seller and has been in force since 4th April 2022.