Complaint Procedure

Complaint Procedure
1. as a supplement to the General Terms and Conditions for complaints about goods purchased through the online-store https://denas-europe.com

• In accordance with the provisions of Law No. 89/2012 Coll. The Civil Code, as amended, The Code of Complaint Procedure governs the procedure and conditions for filing complaints about defects in goods and approving quality claims between the Seller and the Buyer. 634/1995 Coll., Consumer Protection Act, as amended.
• Seller DENAS EUROPE s.r.o. Identification number: 08015724 with registered office at: Pražská silnice 749/21, 360 01, Karlovy Vary, registered in the Commercial Register maintained by the Regional Court in Pilsen, Section C, Box 37645, especially in the area of ​​the sale of medical supplies (hereinafter referred to as “ goods"). Contact email: info@denas-europe.com, contact phone: +420 605 934 000.
• Buyer - an individual or legal entity that enters into an agreement with the Seller.
• Buyer - consumer - an individual who concludes a contract with the seller for personal, non-commercial purposes.

2. The rights to poor performance, including warranty, the buyer exercises with the seller:

• at the address of the registered office of the seller by mail, in person or
• by email to the above contact email address.

The moment of receipt is considered the moment when the seller received the goods from the buyer.

3. The seller is responsible to the Buyer for the absence of defects in the goods upon receipt. In particular, the seller bears special responsibility to the buyer for the fact that at the time when the buyer received the goods:
(a) the goods have characteristics described by the seller or manufacturer or which the buyer expected with respect to the nature of the goods and the advertising that they carry out;
(b) the goods have an appropriate quantity, measure or weight;
(c) the goods comply with the requirements of the law.

4. The seller is responsible for the sale of new goods:

• to the buyer - the consumer for the fact that the goods are not defective at the time of purchase and that defects in consumer goods do not occur within 24 months from the receipt of the goods by the buyer. If the warranty period or directly to the product indicates a longer period than in the previous offer, this longer period applies.
• to a buyer who is not a consumer for the fact that the goods are not defective upon absorption and that the goods will not be defective within 6 months from the date of purchase of the goods by the buyer. If the buyer is not a consumer, a quality guarantee is not provided. If the warranty period or directly to the product indicates a longer period than in the previous offer, this longer period applies.

5. If there is a defect in the goods during the transfer of the goods and / or during the warranty period for which the purchased goods cannot be used properly and this defect can be eliminated, the Buyer has the right to remove it free of charge. If the defect of previously unused goods is eliminated, the buyer has the right to demand the replacement of the defective goods with impeccable ones instead of eliminating the defect. If the defect concerns only part of the product, the buyer has the right to only replace part of the product. If the defect is rectified, the buyer is also entitled to a reasonable discount on the purchase price.

6. In the event of a defect that cannot be eliminated and which impedes the correct use of the goods as defect-free goods, the buyer has the right to exchange the goods, a reasonable discount on the purchase price or the right to withdraw from the contract of sale.

7. The buyer is not entitled to defective performance if the buyer knew about the defect before he accepted the goods, or if he himself caused the defect. The buyer does not have the right to withdraw from the contract of sale or demand the delivery of a new product if he cannot return the product in the condition in which it was received, except as otherwise provided by law.

8. If the buyer does not refuse the contract of sale or does not use the right to deliver a new product without defects, replace parts of it or repair the goods, he may demand a reasonable discount on the purchase price. The Buyer has the right to a reasonable discount, even if the Seller cannot deliver the new product without defects, replace parts or repair the goods, or if the Seller cannot correct the goods within a reasonable period of time or if the Buyer's correction causes significant difficulties.

9. The buyer must immediately file a complaint with the seller after a defect is discovered. The complaints received are processed without undue delay, but no later than 30 days from the date of the claim, unless the seller and the buyer agree otherwise. The seller must provide written or electronic confirmation of the claim.

10. The date of the claim is the day the goods were delivered to the address of the registered office of the Seller.

11. If the claim is disputed, the Seller decides to accept it within 5 business days from the date of the claim.

12. Warranty and liability claims do not apply to goods for which a claim was submitted after the expiration of the specified warranty period, as well as to the wear and tear of the goods caused by its use.

13. Warranty and liability claims do not cover defects caused by improper use, non-compliance with instructions, improper maintenance or improper storage. For goods sold at a lower price, the seller is not responsible for the defect at which a lower price was agreed; in this case, the buyer is entitled to a reasonable discount instead of the right to exchange.

14. The complaint can be applied as follows:

• informing the seller by email or in writing.
• delivery of the declared goods by mail or in person at the address of the seller’s premises ul. Na Výhledě 886 / 3a, 360 17 Karlovy Vary - Stará Role. When sending goods, the buyer must pack the goods in suitable packaging so that it is not damaged or destroyed. The goods must be accompanied by proof of purchase of the goods or an invoice, if any, or other document confirming the purchase of the goods, together with a description of the defect and a proposal on how to handle the complaint.

15. The seller is not liable for personal injury or damage to property and goods that will be caused by use in violation of the instructions for the goods, improper handling or misuse of goods or negligence.

These Complaint Rules enter into force on 1 October 2019