1) Basic provisions
The Claims code of bekwood.cz , Co. determines rights and obligations of contractual parties in case of reclamation of goods acquired through purchase agreement entered into by Bekwood.com, Co., Znojemská 6, 323 00 Plzeň, Reg. No. 87322820 registered in Commercial Register with the County Court in Plzeň („Seller“) on one side and consumer („Purchaser“) on the other side, and is an integral part of General terms and conditions (GTC) of the Seller.
Consumer means any person as is defined in § 2 Act. No. 634/1992 Sb. about protection of the consumer.
Definition of terms, rules and procedures contained in this Claims Code have priority over definitions of terms, rules and procedures contained in GTC. If certain definition of term, rule or procedure is not contained in Claims Code, its definition from GTC applies. If certain rule, procedure and definition of term is not contained in the GTC either, its definition applies from relevant legislation of Czech Republic.
The purchase document issued by the Seller (invoice or receipt) ussualy serves as a document of guarantee („Guarantee Card“), where the Seller provides all the essential information stipulated by the law required to claim the guarantee.
By confirming the order the Purchaser also confirms that he is familiar with this Claims Code and General Terms and Conditions and that he agrees with both documents.
2) Period of guarantee
The statutory warranty period for consumer goods is 24 months, unless special legislation provides otherwise. Warranty period always starts with the day in which the purchaser took over the goods. Exception might be goods that is being sold with a discount due to its damage, previous use, incompleteness, etc. In such case is the Seller always obligated to inform the Purchaser about these facts before entering into purchase agreement. In the case of used goods the warranty periodis 12 months.
Warranty period is prolonged by the amount of time goods were in reclamation, although in case of unjustified reclamation warranty period is not prolonged.
3) Right to claim guarantee
The Purchaser has the right to claim the guarantee if a conclusive proof is provided that the goods being claimed was purchased from the Seller, ideally by presenting valid certificate of guarantee or its copy. Claim can not be applied in following cases (unless the manufacturer or seller states otherwise):
If the mechanical defects to the goods was caused by natural disaster or higher power.
If the product was used contrary to the instruction for use or instruction on the package or in certificate of guarantee or contrary to the generally known rules of use of the given type of product.
If the product was illegaly interfered with or if the protective seals were damaged or removed in case product was equiped with them, unless the damage occured during normal use.
If the presented certificate of guarantee shows obvious signs of modifications and change of information or if the serial number of the product does not correspond to the serial number on the certificate of guarantee.
If the only reason for claim is the wear resulting from normaln use.
If in the case of used or defective goods, sold on basis of given defect for a discount price, the only reason for claim is the defect or state which the goods were in prior to them being accepted by the purchaser, in other words the purchaser knew about the defects on the goods prior to its acceptance.
4) Process of claiming
The purchaser is obligated to present the the product for claim complete. If he does not do so and the completness of the product is required for handling the claim, the period for handling the claim starts only after missing parts are delivered. The purchaser is also obligated to deliver the product clean with all its parts and accessories in accordance with general hygience and sanitary regulations, unless it’s a common contamination.
Seller i s not responsible for any data stored on data carriers that are the subject of claim, therefore recommends that the purchaser backs up data prior to issuing a claim
Seller shall decide on the claim immediately, in complicated cases within three days. If there is a need for expert assesment, depending upon nature of the product, the time needed for this assesment to be performed does not count towards the mentioned time period. Seller will send to the purchaser e-mail message from the adress: email@example.com confirming acceptance of the claim, containing date of the claim, the contents and method of settling the claim.
In case of justified claim the purchaser has, in accordance with § 2169 Act no. 89/2012 Sb. (Civil code), right to:
free of charge removal of defects, if it is possible to remove the defect without undue delay, or replacement of the defective parts, if the defect of given part can not be removed or when it can be removed but the purchaser can not propperly use the item for reason of repeated occuerence of the defect after the repair or if there are multiple defects on the item
delivery of the new product, free from defects, if the defect of the claimed item can‘t be removed and the item can’t be repaired or if the defect can be removed but the purchaser can not peopperly use the item due to repeated occurence of ther defect after the repair or
withdraw from the purchase agreemen, if the purchaser can not propperly use the item due to repeated occurence of defect after the repair or if there are multiple defects present or if it is not possible to repair the item, replace the defected part or deliver new product without defects or
reasonable discount, if the purchaser does not apply any of the rights according to letters a) to d) or if the seller does not rectify situation in reasonable time period or if the rectifying the situation would cause the purchaser considerable difficulties.
Purchaser is also entitled to demand reimbursement of necessary expenses associated with justified claim which were spent effectively and efficiently, especially postage paid when sending the claimed goods. Likewise in case of withdrawal from purchase agreement due to claim the purchaser is entitled to reimbursement assouciated with withdrawal.
The deadline for handling the claim by the Seller is 30 days beginning with the day the guarantee has been claimed. This time period can be prolonged, after the agreemnt with the purchaser, but not indefinitely or excessively. After handling the claim, the Seller will send the Purchaser email containing date of and method of settling the claim, duration of the claim and confirmation of repair or alternatively, reasons for rejecting the claim. The claimed goods will then be send back to the purchaser at the seller’s expense. If the purchaser does not collect the claimed goods within one mont from the notification about handling of the claim, the goods will be returned back to the seller.
5) Final provisions
This Claims code is available on the bekwood.cz website. The Seller reserves the right to change the Claims code at any time.