Complaints and returns
Rights from defective performance and quality guarantee
The rights and obligations of the Parties with regard to rights from defective performance are governed by the relevant generally binding legal provisions, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and the Consumer Protection Act.
The Seller shall be liable to the Purchaser for the fact that the goods are free from defects when taken over by the Purchaser, in particular the Seller shall be liable for the fact that at the time when the Purchaser takes over the goods, the goods have the quality and characteristics required by the contract, described by the Seller, by the manufacturer or its representative, or expected on the basis of their advertising, or the quality and characteristics usual for a thing of this kind, are in the corresponding quantity, measure or weight, and that the goods comply with the requirements of the legislation.
In the event that the goods are not in the above-mentioned condition when taken over by the Purchaser, the Purchaser shall have the right to make the Seller restore the goods to the condition corresponding to the Contract of Purchase free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the Purchaser; if such a procedure is not possible, the Purchaser may demand a reasonable discount on the price of the goods or withdraw from the Contract. This shall not apply if the Purchaser knew before taking over the thing that the thing had a defect or if the Purchaser themselves caused the defect.
In the case of the goods sold at a reduced price, the Seller shall not be liable to the Purchaser for the defect for which the reduced price was agreed upon; the rights arising from defective performance shall not apply to wear and tear caused by normal use of the goods and, in the case of second-hand goods, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the Purchaser or if this is apparent from the nature of the goods.
The Purchaser is entitled to exercise the right to claim for defects which occur in consumer goods within a period of twenty-four months from the receipt thereof, however, for used goods this period shall be reduced in accordance with Section 2168 of the Civil Code to a period of twelve months from the receipt by the Purchaser of the goods.
The guarantee of quality shall not be granted to a person who purchases in the course of their business activities; the Seller shall only be liable to such persons for defects in the goods at the time of the receipt of the goods.
The purity of ingots and investment coins of precious metals (gold, silver, palladium, platinum) is guaranteed by the issuing state or by a hallmark. As their price follows the fluctuations of the financial market independently of the will of the Seller, no guarantee shall apply to them.
The Purchaser is entitled to file a complaint in one of the following ways:
- By sending an e-mail message to: firstname.lastname@example.org
- By sending the complaint to the Seller’s registered office address Bašteckého 2553/3, Stodůlky, 155 00 Prague 5
- By telephone with the use of the current telephone contacts listed at www.kendro.cz
The Purchaser shall specify in the complaint at least the number of the purchase order and a description of the defects found, otherwise the Seller is not obliged to process it.
The complaint, including the removal of the defect, shall be processed without any undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Purchaser agree upon a longer period.
For the purpose of assessing justification of the claim, the goods which are subject to the complaint must be delivered to the address of the registered office of KENDRO a.s., Bašteckého 2553/3, Stodůlky, 155 00 Prague 5, unless the Seller and the Purchaser agree upon another method of delivery. The costs associated with the delivery of the claimed goods shall be borne by the Purchaser.
In the case of a justified complaint, the Purchaser is entitled to reimbursement of postage costs in the necessary amount. In the case of an unjustified complaint, the Purchaser is not entitled to compensation for its costs associated with the settlement of the claim and the Seller is not entitled to compensation for costs incurred on its part (unless the Purchaser has, for example, repeated unjustified claims, which can already be assumed to be an abuse of rights on their part).
In the event of a major consumer dispute that cannot be resolved by mutual agreement, the Consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is: the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague2, email@example.com, www.adr.coi.cz.
Right of withdrawal from the Contract
If the Contract of Purchase is concluded with the help of the means of distance communication, the Consumer has the right to withdraw from the contract within 14 days of receipt of the goods without stating any reason, in accordance with the provisions of Section 1829(1) of the Civil Code.
Withdrawal from the Contract of Purchase must be sent to the Seller within the time limit specified in the previous paragraph, and the Consumer shall indicate there that they are withdrawing from the Contract, indicating the order number, date of purchase, account number for refund and other facts required in the Withdrawal Form.
In the event that the Consumer withdraws from the Contract pursuant to the preceding paragraphs, the Seller shall return the funds received from the Consumer (except for the amount representing the additional costs of delivery of the Goods incurred as a result of the Consumer’s chosen method of delivery of the Goods other than the cheapest standard method of delivery of the Goods offered by the Seller) within 14 days of the Consumer’s withdrawal from the Contract of Purchase, in the same manner as the Seller received them from the Consumer, unless the Purchaser determines otherwise. The Seller shall also be entitled to return the performance provided by the Consumer already upon return of the goods by the Consumer or in another manner, provided that the Consumer agrees to this and no additional costs are incurred by the Consumer. If the Consumer withdraws from the Contract of Purchase, the Seller is not obliged to return the funds received to the Consumer before the Consumer returns the goods to the Seller or proves that he has sent the goods to the Seller.
If the Consumer exercises the right to withdraw from the contract within 14 days of receipt of the goods pursuant to Section 1829(1) of the Civil Code, the Consumer shall, within 14 days of withdrawal from the contract, hand over to the Seller everything he has received under the contract in question. If this is no longer possible (e.g., the goods have been destroyed or consumed in the meantime), the Purchaser must provide monetary compensation in return for what can no longer be delivered. If the returned goods are partially damaged, the Seller may claim damages against the Consumer and set off their claim against the returned purchase price and thus reimburse the Consumer for the reduced purchase price.
In accordance with the provisions of Section 1833 of the Civil Code, the Seller may offset the reduction in the value of the returned goods against the purchase price to be refunded to the Consumer.
However, the Consumer may not withdraw from the contract in the case of the purchase of gold and silver coins and ingots, which is a supply of goods or services whose price depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the withdrawal period, in accordance with Section 1837(b) of the Civil Code.
In the event of withdrawal from the Contract, the Consumer shall bear the costs of returning the goods and, in the case of a Contract concluded by means of distance communication, the costs of returning the goods if they cannot be returned by the usual postal means due to their nature.
For download: Contract Withdrawal Form Kendro