Complaints Procedure

CORMEN s.r.o. Complaints Procedure

with its registered office at Průmyslová 420, Bystřice nad Pernštejnem, Postal Code 593 01, ID No. 25547593, registered in the Commercial Register of the Regional Court in Brno, Section C, Insert 32085


I. General provisions

1. The Complaints Procedure regulates the method and conditions of claiming defects in goods and claims under the quality guarantee between CORMEN s.r.o. (hereinafter referred to as the Seller) and the consumer (hereinafter referred to as the Buyer), who purchases goods from the Seller. The provision of the warranty, the length of the warranty period and the handling of claims shall be governed by the relevant provisions of the Civil Code, the Consumer Protection Act and other legal provisions governing this area (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code). The conditions for the exercise of the right of defective performance, including the warranty liability for quality, set out in the Complaints Procedure, apply only to goods for which a claim has been duly and legitimately made by the purchaser without delay.

2. The Seller shall not be liable for damages and lost profits resulting from the operation of the product or its incompatibility with other products (unless otherwise stipulated in writing in advance), nor for damages caused by external events and faulty handling. Defects of this origin are not covered by the quality guarantee provided.

3. The warranty period of the product starts from the date of receipt of the goods by the Buyer. The Seller guarantees the quality and completeness of the delivery. The warranty period for the Consumer Buyer is 24 months. The warranty period shall be extended by the period during which the Goods have been under warranty repair. In the event of replacement of the Goods, a new warranty period shall commence.

4. The Consumer Buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.


II. Acceptance of the goods

1. The buyer is obliged to check the physical condition of the consignment and the goods received. Any discrepancies or damage must be communicated with the carrier immediately on the spot and the findings recorded on the delivery or shipping note. In the event of major damage, the buyer shall not accept the shipment from the carrier at all and shall report this fact by phone or e-mail to info@cormen.cz.

2. The buyer must carry out the inspection in such a way as to detect any defects that can be detected with ordinary care.


III. Place of complaint

1. The exercise of the right of defective performance or of a claim under the quality guarantee shall be understood as sending written information or email information to the seller's email address: info@cormen.cz with a description of the defect or filling in the complaint report at www.cormen.cz. The Buyer may also file a claim at the place of purchase or at any branch of the Seller.


IV. Handover and transport of claims

1. The Buyer delivers the claimed goods personally or by carrier at his own expense and risk. Goods from a justified claim are sent back at the expense of the Seller, goods from an unjustified claim will be sent back to the Buyer at his expense.


V. Method of making a claim, necessary documents

1. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods,

  • the item has the characteristics agreed between the parties and, in the absence of an agreement, those characteristics which the seller or the manufacturer described or which the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them,
  • the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
  • the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
  • the item is in the appropriate quantity, measure or weight and the item complies with the requirements of the legislation.

2. If the item does not have the aforementioned characteristics, the buyer may also demand the delivery of a new item without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract.

3. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be removed without undue delay, the buyer has the right to have the defect removed free of charge.

4. The buyer is also entitled to the delivery of a new item or the replacement of a part in the case of a removable defect if he cannot use the item properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the contract.

5. If the buyer does not withdraw from the contract or if he does not exercise the right to have a new item delivered without defects, to have a part of the item replaced or to have the item repaired, he may demand a reasonable discount. The buyer is also entitled to a reasonable discount if the seller cannot deliver a new item without defects, replace a part of the item or repair the item, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulty to remedy the defect.

6. The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the thing has a defect or if the buyer caused the defect himself.


The warranty cannot be invoked in the following cases:

  • If the warranty period for the claimed goods has expired before the date of the claim (the warranty has expired).
  • The defect was caused by improper installation, handling, operation, manipulation or neglect of the necessary maintenance of the goods by the buyer.
  • The defect has been caused by unauthorised interference with the goods or other modifications without the manufacturer's permission.
  • The defect was caused by connection to an electrical network not complying with the relevant CSN standard.
  • The goods have been damaged by the elements.
  • The product has undergone optical changes which are caused by normal use and do not affect the functional capability of the products.
  • The defect has been caused by use of the goods in contravention of the instructions for use or failure to comply with the instructions laid down by the manufacturer or seller.
  • A defect caused by transport arranged by the purchaser.
  • A defect caused by the actions (acts or omissions) of a third party or the buyer.
  • Defect caused by improper storage of the goods (temperature, airiness, dustiness) or normal wear and tear.
  • Breach or removal of protective seals and identification stickers on the goods.
  • Defects caused by mechanical or chemical damage.


7. The time limit for the settlement of claims is suspended if the Seller has not received all documents necessary for the settlement of the claim (parts of the goods, other documents, etc.). The Seller is obliged to request supplementary documents from the Buyer as soon as possible. The time limit is suspended from this date until the Buyer has delivered the requested documents. The Seller shall issue the Consumer with a confirmation of the date and manner of settlement of the complaint, including confirmation of the repair, if any, and the duration of the repair, or a written justification for the rejection of the complaint. The Seller shall issue this confirmation on the date of delivery of the complaint to the Seller's registered office.

8. The Buyer is obliged to prove the conclusion of the purchase contract when making a claim under the statutory guarantee, preferably by means of the proof of purchase and the delivery or warranty certificate, if it has been delivered to the Buyer.

9. After the claim has been settled, the buyer will be asked to take delivery of the repaired goods.


To make a claim, the following is required:

  1. provide the original or a copy of the proof of purchase of the goods and the delivery note, if it has been handed over
  2. suitable packaging (preferably original)
  3. a precise description of the defect (including, if possible, a specification of the conditions under which the defect manifests itself)


Unjustified claim:

1:

  • the label, serial number, type designation, seal or other proprietary marking of the seller, e.g. stickers, is damaged
  • mechanical damage to the goods
  • the damage was caused by improper handling, improper use or improper placement in conditions which gave rise to the damage by humidity, dustiness, chemical or physical influences or by operation outside the temperature range of 5°C to 30°C
  • the damage was caused by force majeure (flood, lightning, fire...)
  • alteration to the goods has been caused by an unauthorised person within the warranty period, by an arbitrary change in the design of the goods or by unauthorised or improper interference with the goods caused by the purchaser or another person.

2. In the case of an unauthorised claim, the goods will be returned with the opinion of the relevant employee who handled the claim. The goods sent for complaint will be repaired or replaced, or the money will be refunded to the buyer's bank account.

3. In the event of an unjustified claim, the Seller shall issue a written justification for such rejection and the Buyer shall not be entitled to reimbursement of its costs associated with the settlement of the claim.


IX. Final provisions

1. This Complaints Procedure is valid and effective from 1 January 2015 and applies to goods purchased from the date of its validity and effectiveness.

2. The Seller reserves the right to change it.