The company Anna Marešová designers s.r.o., having registered office at Kaplická 853/55, Podolí, 140 00 Praha 4, identification number (IČO): 24210234, entered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 188943 (“AMD”) issues in accordance with applicable laws and regulations this Complaints Procedure for the whoop.de.doo e-shop at the internet address https://whoopdedoo.me (“Website”). This Complaints Procedure mainly sets outs conditions under which consumers that purchased goods on the Website (“Buyers”) make claims arising from AMD’s liability for defective goods. This Complaints Procedure forms integral part of AMD’s Terms and Conditions.
The rights and obligations of the Buyer and AMD concerning claims from defective performance shall be governed by generally binding regulations, particularly by the provisions of sections 1914 to 1925, sections 2099 to 2117, and sections 2161 to 2174 of the Civil Code.
The Buyer may enforce the rights from defective performance within twenty-four (24) months. However, if an expiration date is indicated on the goods, the period is reduced to such date.
The Buyer is required to notify AMD of the defect (i.e. to make a claim) without undue delay after he/she has discovered the defect during a timely inspection and exercising sufficient care. If the defect is discovered within six (6) months from receipt of the goods, the goods will be assumed to have already been defective upon receipt.
AMD is liable to the Buyer that at the time of receipt of the goods:
the goods have the properties agreed by the parties and, in the absence of such agreement, those properties which AMD described or which the Buyer expected given the nature of the goods and advertising presented by AMD;
the goods are suitable to be used for the purpose stated by AMD or to which an object of such kind is usually used;
the goods have the agreed quantity, measurement or weight; and
the goods meet the requirements laid down by legal regulations.
If the goods do not meet the requirements specified in clause 1.5, they have defects for which AMD is liable. In such case, the Buyer has:
the right to free repair;
the right to the supply of a new item or to the replacement of its component part, if the defect relates only to its component part. This right can be exercised only if it represents an adequate resolution of the claim with respect to the nature of the defect (e.g. in case of an irremovable defect). The Buyer may also exercise this right if a removable defect occurs repeatedly after repair (at least the third (3) claim for the same defect or the fourth (4) claim for a different defect), or if the item has a larger number of defects (simultaneously at least three (3) defects), for which the item cannot be properly used;
the right to withdraw from the Purchase Agreement. This right can only be exercised if it is not possible to repair the item, to deliver a new one, or replace its component part. Furthermore, it is possible to exercise this right also in case the item has a larger number of defects, or if it cannot be properly used for their recurrence;
the right to an adequate discount on the Purchase Price. This right can be used if the Buyer does not exercise any of the rights from defective performance referred to in clauses 1.5.1 and 1.5.2, although he/she becomes entitled to do so, as well as in the case when AMD cannot meet or does not meet its obligations arising from the rights from defective performance.
AMD’s liability for defects does not apply to goods sold at lower price due to the existence of a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to a defect of used goods corresponding to the extent of their use or defect which was present already on their receipt by the Buyer, or if it follows from the nature of the goods.
The Buyer will also have no rights from defective performance if he/she knew before receipt of the goods that there is a defect or if he/she caused the defect, in particular by the following means:
product was used in contravention with the use instructions or operation instructions or the fault or defect was caused evidently by incorrect use (e.g. operation using wrong supply voltage, connection to an illegal power source);
product was mechanically damaged (e.g. in case of unauthorized intervention with the product);
the defect was caused by inexpert or inconsiderate manipulation or by use of the product for other than usual use or use determined by manufacturer.
Furthermore, liability for defects does not apply to defects caused by inattention of the Buyer, natural disaster or other outside influence, for example strike of lighting or other atmospheric discharge, fire or water or by influence of other non-standard effects such as overvoltage in distribution or communications network.
The Buyer shall exercise his/her rights from defective performance at AMD on this address: Anna Marešová designers s.r.o., Kamenická 37, 170 00 Prague 7, Czech Republic, without any undue delay after detection of the defect. The claim will be considered made (i.e. the moment from which the relevant deadlines commence) when AMD received the reclaimed goods from the Buyer.
If the Buyer makes the claim in writing, he/she should include his/her contact details, description of the defect and the required method of settlement of the claim.
Together with the reclaimed goods, the Buyer should present a readable original or copy of purchase certificate or otherwise prove the purchase (see below) and further to describe the defect. AMD recommends that the reclaimed goods are handed over together with original packaging and complete, i.e. including all cables and other accessories.
The Buyer must inform AMD which right he/she has chosen during notification of the defect or without any undue delay after. The Buyer may amend his/her choice without AMD’s consent only in case he/she requested AMD to repair a defect which subsequently proves to be not possible.
The Buyer must prove the purchase of the goods in particular by:
a receipt containing the date of sale, stamp of the shop and signature of the shop assistant;
valid purchase certificate containing the date of purchase proving purchase of the reclaimed goods at AMD.
In the event that neither of these conditions is duly fulfilled by the Buyer, the claim cannot be accepted as lawful.
AMD must take a decision on the claim immediately but no later than within three (3) working days or must otherwise inform the Buyer within this period that an expert opinion is required to make such decision. AMD shall settle the claim, including removal of defects, no later than within thirty (30) days from making the claim, unless agreed with the Buyer otherwise in writing.
If it is not possible to monitor the status of the claim online, AMD will send to the Buyer’s E-mail a written confirmation regarding when the Buyer filed a claim, information about its content and the method of its settlement, including confirmation of performance of the repair and its duration.
In case of a valid claim the Buyer will have the right to receive a refund of the costs purposefully incurred.
The Buyer may also be provided with a warranty on the goods in the form of a declaration in a warranty certificate, or by indicating the warranty period on its packaging or in the instructions manual even for a period longer than 24 months. In such case, AMD will determine the extent and conditions of such warranty and the provisions of section 2113 et. seq. of the Civil Code will apply to the incurred defects.