Warranty Claim Guidelines
The Warranty Claim Guidelines regulate the manner and the conditions of warranty claims for defective goods purchased through the online shop LIPOELASTIC® - MEDICAL PRODUCTS of our company
LIPOELASTIC a.s. with registered office at Radlická 608/2, Smíchov, 150 00 Prague 5, the Czech Republic
Corporate ID No: 26730804
VAT ID: CZ26730804
registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 7922
Delivery address: LIPOELASTIC a.s., Vrbenská 887, 787 01 Valašské Meziříčí, the Czech Republic
Telephone number: +420 571 116 312
1. What defects are we liable for?
1.1. As the seller we are liable that the goods have no defects as of the moment of its takeover.
This means that the goods:
- have characteristics, which have been negotiated between us, which we describe, or which you could expect with regard to the nature of the goods and on the basis of an advertisement;
- have the right quantity, measure or weight;
- meet the requirements laid down by legal regulations;
- are suitable to be used for the purpose we state or to which the goods are usually used;
- the situation where we deliver other goods to you than which has been negotiated between us is also considered a defect;
- the goods have the quality which has been negotiated between us, or the quality which valid and effective legislation lays down for the type of goods concerned; and
- do not have any legal defects, i.e. no third person has property rights to the goods and the goods are fitted with all documents necessary for proper usage.
Furthermore, we guarantee that the defects will not occur within the warranty period. Beyond the warranty period for consumers we do not provide any quality guarantee. If you are not a consumer, we do not provide any quality guarantee.
1.2. The disparity of colour tones in reality and on electronic display devices is not considered as a defect of the goods. If the goods do not conform to your idea, you have the right to withdraw from the contract within 14 days from receipt of the goods in accordance with Article 5 of the Terms and Conditions of the Sale.
2. How long is the warranty period?
2.1. For the unused consumer goods, the warranty period is twenty-four months from the receipt of the goods, provided that there is no longer period stated on the website or in the documents accompanying the goods.
For used goods, the warranty period is twelve months from the receipt of the goods.
2.2. If there is a date of minimum durability of the goods, or there is a period, during which perishable goods can be used, the warranty period lasts until such date.
Cosmetic products are usually marked as “use-by date” (in Czech: “Spotřebujte do”). Minimum durability does not have to be indicated on the packaging if durability of the goods exceeds 30 months. These products are marked by a symbol representing an open cream jar. Inside this symbol, there is a number indicating the period of durability of the goods, i.e. if there is a symbol of 12M, it means that you should consume the cream within 12 months as of opening the jar.
2.3. Please note that in case the goods will be exchanged or repaired, there is no new warranty period commencing for the new goods. However, the warranty period is extended by the time during which you can't use the defective goods, i.e. in particular the time during which the goods are being repaired.
3. What rights from defective performance do you have?
3.1. Your rights from defective performance are governed by the relevant legislation, in particular by the provisions of Section 2099 to 2117 and also, if you are a consumer, by Section 2165 to 2174 of the Civil Code.
3.2. In accordance with the above-mentioned provisions you have particularly following rights:
- Right for complement of what is missing
If we deliver you less amount of goods other than was ordered, or deliver incomplete order, you have the right for complement of what is missing.
- Right to reasonable reduction of the purchase price
In case that the defect exists in the moment of its takeover or the defect occurs within the warranty period, you always have right to request the reasonable reduction of the purchase price.
- Right to have a new defect-free thing or replacement of the component part of the goods
You always have the right to request a new defect-free thing or replacement of the component part of the goods if it is not disproportionate to the nature of the defect (i.e. in case that it is impossible to immediately repair the thing) and if It is not only non-fundamental breach of the contract.
You have not the right to have a new defect-free thing in cases when only a part (component) of the is defected. If we, during the complaint proceedings, find out that only part of the goods is defect, we shall replace only the part of the goods.
You cannot request to have the new defect free-thing in case of the used goods and goods sold for a lower price. You can request a reasonable reduction of the purchase price instead.
- Right to have a thing repaired
If it is possible to repair the goods, you have the right for removal of the defect free of charge. If we are not able to repair the goods and we find out this fact during the warranty proceedings, we shall inform you without undue delay and you can choose another option for warranty claim that is mentioned in this article.
- Right for cash refund (withdrawal from the contract)
You have the right to request cash refund only in following cases:
- our delivery of defective or incomplete thing is considered fundamental breach of the contract; or
- we are not able to remove the defect, for which you can't use the goods properly, or we are not able to replace the thing with this defect (e. g. the goods are no longer manufactured); or
- you can't use the goods properly due to the repeated occurrence of the defect after a repair (occurrence of the same defect after at least two previous repairs); or
- large number of defects of goods occur (current occurrence of at least three removable defects and each of them avoiding proper usage of the goods); or
- we will not comply with deadline for handling of the complaint/remedied the situation for the period of 30 days from your warranty claim.
3.3. You can request to have a new defect-free thing or cash refund (in case of withdrawal from the contract) only if you return the thing in the same condition in which you received it. This does not apply if:
- there has been a change in its condition as a result of inspection to discover a defect of the thing,
- you used the thing before the discovery of a defect,
- you did not cause the impossibility to return the thing in the same condition by an act or omission, or
- you sold the thing before the discovery of the defect, consumed it or altered the thing during its normal usage; if it occurs only partially, you shall return us everything you still can and shall compensate us in the amount of the benefit you enjoyed as a result of the usage of the thing.
4. When cannot you exercise the rights from defective performance?
4.1. You do not have the rights from defective performance if:
- you have knowledge of the defect prior taking over;
- you cause the defect by yourself;
- warranty period expires.
4.2. Warranty and liability claims for defects also do not apply to:
- the wear and tear of a thing caused by its normal usage;
- a defect of a used thing corresponding to the extent of usage of the thing or its wear and tear upon takeover by the buyer;
- a defect of a thing sold for a lower price for which the lower price was stipulated; or
- if it follows from the nature of the thing.
5. How to proceed with your warranty claim?
5.1. Assert your warranty claim with us without undue delay from finding out of the defect.
5.2. We accept the warranty claim at any of our business premises, at which the acceptance of the warranty claim is possible regarding the nature of the sold goods and at our registered office. We recommend you, for purpose of the earliest possible settlement of the claim, to use our business premises.
5.3. Claim can be asserted in the following manner:
- it is appropriate to notify us which right from the defective performance you have chosen, i.e. whether you are interested to have the defect removed, to have a new defect-free thing or a defect-free component part of the goods, reasonable reduction of the purchase price or other rights in accordance with this Warranty Claim Guidelines or Civil Code;
- deliver the claimed goods (we are not obliged to take over the goods upon cash on delivery) to the address of our registered office or a business premise When sending the goods, wrap it in the suitable packaging to avoid damage or destruction;
- We advise you to attach a receipt or tax document - invoice if it has been issued, or other document evidencing the purchase of the goods, together with a description of the defect and a proposal of a manner dealing with your claims.
If you fail to comply with any steps listed above or submit any of the above-mentioned documents a positive settlement of the warranty claim under the legal conditions shall not preclude.
5.4. The moment of asserting the warranty claim is the moment when we were notified of the occurrence of the defects and the right from warranty was claimed.
5.5. Inbox warranty claim is handled promptly; in the event of a disputed claim we will decide of its acceptance within three working days from the date of assertion of the warranty claim. Reasonable time for the expert assessments of the defect is not included in this period. The warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim unless we agree otherwise.
5.6. If you will request a right that can't be conferred to you (particularly in the case of irremovable defects, or in the case of replacement which is not possible), we will contact you without undue delay. In this case you can exercise another right mentioned in this Warranty Claim Guidelines.
5.7. You will be issued a written confirmation about the date of assertion, information about the content of the warranty claim and which right from the defective performance you have chosen. After the warranty claim is settled you will be issued the information about the date and method of the settlement of the claim, including confirmation about remedy made and about repair time or written reasoning of the refusal of the warranty claim.
5.8. In accordance with the Civil Code you are also entitled to reimbursement of the costs reasonably incurred in asserting the warranty claim. You must assert this right within one month after the time limit for claiming the defect has expired.
The Warranty Claim Guidelines are valid and effective as of 24. 5. 2018.