Complaints Procedure of Sensorie s.r.o.

Seller:

Sensorie s.r.o., Company ID: 09458735

with its registered office at Nové Sady 988/2, 602 00, Staré Brno

registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File No. 119139

Premises designated for handling complaints:

  • Protronix s.r.o., Pardubická 177, 537 01, Chrudim

Contact:

Phone: +420 608 104 645
Email: info@sensorie.eu

Article 1

Introductory Provisions

  1. The Buyer’s rights arising from defective performance (hereinafter referred to as a “Complaint”) must always be exercised in accordance with this Complaints Procedure. Matters not regulated by this Complaints Procedure are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
  2. This information applies exclusively to persons concluding a purchase agreement with the Seller as consumers within the meaning of Section 419 of the Civil Code, i.e. as natural persons acting outside the scope of their business activity or profession.
  3. The Buyer is not entitled to make a Complaint if the defect was caused by the Buyer. Furthermore, wear and tear resulting from normal use of the item shall not be considered a defect, nor, in the case of used goods, wear and tear corresponding to the extent of previous use.

Article 2

Submitting a Complaint

  1. The Buyer is entitled to submit a Complaint to the Seller by sending it to Protronix s.r.o., Pardubická 177, 537 01, Chrudim, by telephone at +420 608 104 645, or by email to info@sensorie.eu.
  2. The Buyer is obliged to prove that they are entitled to submit the Complaint, in particular by presenting the purchase date, for example by means of a receipt, confirmation of the Seller’s obligations arising from defective performance, a warranty certificate, or in another credible manner.
  3. If exercising rights arising from defects would be significantly difficult for the consumer, especially where the item cannot be delivered to the complaint handling location in the usual manner, the Seller shall assess the defect, by agreement with the Buyer, either on site or in another manner. In such case, the Buyer is obliged to provide the Seller with the necessary cooperation.
  4. The Seller is obliged to issue the Buyer with written confirmation of receipt of the Complaint, specifying the date of submission, the content of the Complaint, the preferred method of handling it, and the Buyer’s contact details for the purpose of informing the Buyer of the outcome.

Article 3

Time Limit for Exercising Rights

  1. The Buyer may report a defect that becomes apparent within two years of receipt of the item. In the case of used goods, this period may be shortened to one year. The Seller shall indicate such shortening of the period in the confirmation of obligations arising from defective performance, on the proof of purchase, or in the purchase agreement.
  2. The Buyer shall exercise their rights arising from defective performance without undue delay after discovering the defect in the goods. The Seller shall not be liable for any increase in the extent of damage if the Buyer continues to use the goods despite being aware of the defect. In the event of a justified defect report, the time limit for exercising rights shall not run during the repair period in which the Buyer cannot use the goods.
  3. The time limit for exercising rights arising from defects shall not be confused with the service life of the goods, which depends on the characteristics of the product, its maintenance, proper and intensive use, or an agreement between the Buyer and the Seller.

Article 4

Handling of Complaints

  1. The Complaint, including removal of the defect, must be handled and the consumer informed thereof no later than within 30 days of its submission, unless the Seller and the consumer agree on a longer period.
  2. If the period referred to in the previous paragraph expires without effect, the consumer may withdraw from the agreement or request an appropriate discount.
  3. The Seller is obliged to issue the consumer with confirmation containing the date and method of handling the Complaint, including confirmation of the repair and its duration, or written justification for rejecting the Complaint. This obligation also applies to other entities authorised to carry out repairs.
  4. The Buyer is not entitled to change the selected method of handling the Complaint without the Seller’s consent, unless the selected method cannot be carried out at all or within the relevant time limit.
  5. The Buyer is obliged to collect the goods subject to the Complaint within 30 days from the date on which the Seller informed the Buyer that the goods were ready for collection. After this period, the Seller is entitled to charge an appropriate storage fee. If the parties do not agree on the amount, the customary rate shall apply.
  6. The Buyer’s Complaint shall be rejected if it concerns a defect that has already been reported previously and for which an appropriate discount on the purchase price was granted.

Article 5

Quality upon Receipt

  1. The Seller declares that the goods are handed over to the Buyer in accordance with Section 2161 of the Civil Code, meaning that:
  • the goods correspond to the agreed description, type and quantity, as well as to the agreed quality, functionality, compatibility, interoperability and other agreed characteristics,
  • the goods are suitable for the purpose for which the Buyer requires them and to which the Seller has agreed,
  • the goods are supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
  1. The Seller is liable to the Buyer that, in addition to the agreed characteristics:
  • the goods are suitable for the purpose for which items of this type are usually used, taking into account the rights of third parties, legal regulations, technical standards or codes of conduct applicable in the given sector, if no technical standards exist,
  • the goods correspond, in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of goods of the same type that the Buyer may reasonably expect,
  • the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use that the Buyer may reasonably expect,
  • the goods correspond in quality or workmanship to the sample or model made available by the Seller to the Buyer before conclusion of the agreement.
  1. The Seller shall not be liable to the Buyer for a defect caused by incorrect assembly or installation if such assembly or installation was not carried out by the Seller or under the Seller’s responsibility.
  2. If, at the time of receipt by the Buyer, the goods do not meet the above requirements, i.e. if they have a defect, the Buyer may request that the defect be removed. At the Buyer’s choice, the Buyer may request delivery of new defect-free goods or repair of the goods, unless the chosen method of removing the defect is impossible or disproportionately costly compared with the other method. This assessment takes into account, in particular, the significance of the defect, the value of the goods without the defect, and whether the defect can be removed in another way without significant inconvenience to the Buyer.
  3. The Buyer may request an appropriate discount or withdraw from the agreement if:
  • the Seller has refused to remove the defect or has failed to remove it in accordance with legal regulations,
  • the defect reappears,
  • the defect constitutes a material breach of the agreement,
  • or it follows from the Seller’s statement or from the circumstances that the defect will not be removed within a reasonable time or without significant inconvenience to the Buyer.
  1. If the Buyer withdraws from the agreement, the Seller shall refund the purchase price without undue delay after receiving the goods or after the Buyer proves that the goods have been sent.
  2. If a defect becomes apparent within one year of receipt of the goods, it is presumed that the defect already existed at the time of receipt, unless the nature of the item or the defect precludes this. This period shall not run during the time in which the Buyer cannot use the goods due to a justified defect report.

Article 6

Quality Guarantee

  1. If the Seller has provided a quality guarantee beyond the statutory obligations, the exercise of such guarantee shall be governed by this Complaints Procedure, unless the confirmation of the Seller’s obligations arising from defective performance, warranty certificate or agreement provides otherwise.

Article 7

Complaint Costs and Dispute Resolution

  1. The Buyer bears the costs associated with returning the goods to the Seller as part of the Complaint.
  2. If the Seller rejects the Complaint as unfounded, the Buyer or, with the consent of both parties, both parties may contact a court-appointed expert in the relevant field and request the preparation of an independent expert opinion.
  3. A Buyer who is a consumer has the right to out-of-court resolution of disputes arising from a consumer agreement if the performance takes place within the territory of the Czech Republic; in other cases only if the performance is connected with business activity carried out within the territory of the Czech Republic. The entity authorised to conduct out-of-court dispute resolution is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement. Detailed information is available at coi.cz.
  4. Out-of-court resolution of a consumer dispute under paragraph 3 is initiated only upon the consumer’s request. The request may be submitted no later than within 1 year from the date on which the consumer first exercised the right that is the subject of the dispute against the Seller.

This Complaints Procedure is effective from 13 October 2023.