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The Complaints Procedure is an integral part of the Terms and Conditions of Mutiara Pearl, s.r.o., with registered office Ke Stírce 338/51,18200 Prague, Czech Republic, ID No.: 19446446, registration in the Commercial Register: C 386726 (hereinafter referred to as the "Seller").
This Complaints Procedure applies to a purchase contract concluded on the basis of an electronic order and its acceptance between the Seller and the Buyer who purchases goods for personal consumption and not for business purposes on the Seller's online store operated under the BUKA JEWELRY trademark at the following Internet addresses: www.buka.cz, www.buka.sk, www.bukajewelry.com, www.bukajewelry.de, www.buka.ro.
The Buyer is obliged to familiarize himself with the Complaints Procedure before ordering goods.
By concluding the purchase contract and accepting the goods from the seller, the buyer agrees to this Complaints Procedure. The definitions in this Complaints Procedure take precedence over the definitions in the Terms and Conditions. Where this Complaints Procedure does not define a term, it shall be understood in the sense in which it is defined in the Terms and Conditions. If it is not defined therein, it shall be construed in the sense in which it is used by the applicable and effective law.
The Seller shall issue a purchase document (hereinafter referred to as the "Warranty Certificate") for each purchased item as proof of warranty. The Warranty Certificate shall contain the Seller's business name, identification number and registered office. However, as a general rule, if the nature of the goods so permits, the seller shall issue the buyer with a proof of purchase containing the above information instead of a warranty certificate.
The warranty period for all goods ordered on the Internet addresses www.buka.cz, www.buka.sk, www.bukajewelry.com is normally 24 months for the buyer, unless a longer period is stipulated by special legislation.
The Seller may extend this statutory period. The length of the warranty period is always indicated on the warranty card. The warranty period consists of the statutory period (24 months) and any extended warranty period. The warranty period is further extended by the period during which the goods have been in complaint. The warranty period starts from the date of receipt of the goods by the buyer.
Within the statutory warranty period, claims shall be governed by Act No. 89/2012 Coll., the Civil Code and Act No. 634/1992 Coll. on Consumer Protection as amended on 1 January 2014, all of the aforementioned acts in the current and effective version, taking into account the clarifications in this Complaints Procedure. For extended warranty periods, claims shall be governed exclusively by this Complaints Procedure.
Exceptions may be made for goods sold at a discount (damaged, used, incomplete, etc. Such characteristic is always indicated on the goods - if not, the goods are deemed to be new, undamaged and complete). If the goods are second-hand, the seller is not liable for defects corresponding to the degree of use or wear and tear the goods had when the buyer took them over, and the rights of liability for defects in the goods are extinguished if they have not been asserted within 12 months of the date of takeover by the buyer. This period shall be indicated by the seller in the sales document and in the order confirmation. In the case of items sold at a lower price due to defects or incompleteness, the warranty shall not apply to defects for which the lower price was agreed.
Liability rights for defects in the goods for which a guarantee period applies shall be extinguished if they have not been exercised within the guarantee period.
The buyer is advised to check the condition of the consignment (number of packages, intactness of the tape with the company logo, damage to the packaging) with the carrier immediately upon delivery according to the enclosed delivery note. The buyer is entitled to refuse to accept a shipment that does not comply with the purchase contract, for example on the grounds that the shipment is incomplete or damaged. If the Buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the carrier's handover report.
The incomplete or damaged shipment must be reported immediately by e-mail to: reklamace@buka.cz, a damage report must be drawn up with the carrier and sent to the seller by e-mail or by post without undue delay. Additional claims of incompleteness or external damage to the shipment do not deprive the buyer of the right to claim the item, but give the seller the opportunity to prove that there is no breach of the purchase contract.
The Buyer may send the defective goods for complaint by shipping service to the address of the Seller's administrative headquarters. Claimed goods must be visibly marked "CLAIM" and contain: the claimed goods (including complete accessories), it is recommended to attach a copy of the purchase receipt, a detailed description of the defect and full contact details of the buyer (especially the return address and telephone number) For this purpose, the claim form is used. Without the above, it is impossible to identify the origin and the defect of the goods. You can download the complain protocol here in PDF.
(a) mechanical damage to the goods,
b) the use of the goods in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment directly intended by the seller or the manufacturer,
c) improper installation, handling, operation or neglect of the goods,
d) the goods have been damaged by excessive loading or use contrary to the conditions specified in the documentation or general principles,
e) by unqualified intervention or alteration of parameters,
f) goods that have been modified by the customer (painting, bending, etc..), if the defect is due to such modification,
g) the goods have been damaged by natural elements or force majeure.These limitations do not apply if the characteristics of the goods that are contrary to the above conditions have been expressly agreed between the buyer and the seller or declared by the seller, or can be expected in view of the normal use of the goods.
Goods sent for complaint will be considered only with regard to the fault indicated by the Buyer (in the complaint in the attached description of the fault). We recommend that the defect is stated in writing.
If the Seller determines that the cause of the problem is not the product being claimed, but incorrect unprofessional installation, handling, operation or neglect of the goods, then if the customer agrees to pay for the repair, it will be charged according to the current valid price list. Prior to making a paid repair, the purchaser will be informed of the cost of the repair, its extent and the time required to carry it out. A paid repair can only be carried out with the express consent of the Buyer after informing the Buyer according to the previous sentence.
The Seller shall have the right to reject the claim in cases where the goods and/or their components are contaminated or do not meet the basic requirements for hygienically safe submission of the goods for claim.
In the event that the goods are not in conformity with the contract of sale upon receipt by the buyer (hereinafter referred to as "non-conformity with the contract of sale"), the buyer shall be entitled to have the seller restore the goods to a condition corresponding to the contract of sale free of charge and without undue delay, either by replacing the goods or by repairing them, as requested by the buyer. If such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six months of the date of receipt of the goods shall be deemed to exist at the time of receipt of the goods, unless this is contradicted by the nature of the goods or the contrary is proved.
Conformity with the contract of sale means, in particular, that the thing sold has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or, where appropriate, the quality and performance usual for the thing, that it complies with the requirements of the law, is of the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the thing is used or for which it is normally used.
(a) in the case of a remediable defect, the right to have the defect remedied free of charge, properly and in a timely manner, the right to have the defective goods or defective part replaced, unless this is disproportionate to the nature of the defect. If such a procedure is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract,
(b) in the case of a defect that is irremovable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the purchase contract; the same rights shall apply to the consumer if the defects are removable but the buyer cannot use the goods properly because of the recurrence of the defect after repair or because of a greater number of defects. In particular, a recurrence of a defect shall be deemed to occur if the same defect preventing proper use, which has already been rectified at least twice during the warranty period, occurs again. More than one defect shall be understood if the item has at least three defects preventing its proper use at the same time,
c) if there are other irremediable defects and the buyer does not request replacement of the item, the buyer has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract,
The choice of the method of settlement of the complaint shall be proposed by the buyer. The Seller shall warn the Buyer of the inappropriateness of the choice and suggest an appropriate method (especially in the case where the Buyer requests a method relating to a removable defect but the Seller finds that the defect is irremovable). In the case of a discount, the goods cannot later be claimed for the defect for which the discount was granted
The Seller shall decide on the claim immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect.
The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 30 days from the date of the complaint. The period of 30 days may be extended after the claim has been made by agreement with the Buyer and such extension shall not be for an indefinite or unreasonably long period. After the expiry of this period, the defect shall be deemed to have actually existed and the buyer shall have the same rights as if it were a defect that could not be remedied.
The Seller shall issue the Buyer with a written confirmation of when the claim was made, what its content is, what method of handling the claim is required, by email immediately after receipt of the claim, as well as confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim.
The buyer is entitled to reimbursement of the necessary costs (in particular the postage costs paid by the buyer when sending the claimed goods) incurred in connection with the exercise of the legitimate rights under the liability for defects (we recommend that you request this within 30 days after the claim has been settled - the statutory deadline is not affected) and incurred actually and efficiently. In the event of withdrawal from the contract due to a defect, the buyer is also entitled to reimbursement of the costs of such withdrawal.
If the buyer does not take over the claim within one month from the expiry of the time when the repair or modification should have been carried out, and if it was carried out later, within one month from the notification of its execution, Buka Jewelry, s.r.o. has the right to charge a storage fee of CZK 250 for each day of delay. If the customer does not collect the claim even within a further 6 months from the date on which the buyer was obliged to collect it, Buka Jewelry, s.r.o. reserves the right to sell the item to a third party. If an uncollected claim is sold, Buka Jewelry will pay the customer the proceeds of the sale less the cost of repair or modification, storage fee and cost of sale. The right to the sale proceeds must be asserted by the purchaser in writing to Buka Jewelry, LLC.
If the relations related to the use of the website or the legal relations established by the Purchase Agreement and/or the Terms and Conditions and/or the Complaints Procedure contain an international (foreign) element, then the parties agree that the relations are governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
The Complaints Procedure and the Terms and Conditions are available in electronic form at www.buka.cz.
Contact details of the Seller: delivery address: Ke Stírce 338/51, 182 00, Prague 8, e-mail address: eshop@buka.cz, telephone: +420 604 262 545.
This Complaints Procedure is valid from 1 February 2018.