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Complaints and returns of goods

of the business company YES PRODUCTS s.r.o. with its registered office at Husitská 107/3, 130 00 Prague – Žižkov Company ID No.: 03103897 registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 227583/MSPH for complaints concerning goods purchased through the online store located at the internet address stripschips.com

1. INTRODUCTORY PROVISIONS

1.1. These Complaints Rules (hereinafter referred to as the “Complaints Rules”) of the business company YES PRODUCTS s.r.o., with its registered office at Husitská 107/3, 130 00 Prague – Žižkov, Company ID No.: 03103897, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 227583/MSPH (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the contracting parties arising from the exercise of rights arising from defects in goods purchased on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person who is a consumer (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located at the internet address stripschips.com (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Store Web Interface”). 1.2. Article 2 and Article 3 of these Complaints Rules contain important information concerning rights arising from defects. Article 4 and Article 5 describe the complaints procedure.

2. Non-Conformity with the Purchase Agreement

2.1. If the item is not in conformity with the Purchase Agreement upon receipt by the Buyer (hereinafter referred to as “non-conformity with the Purchase Agreement”), the Buyer, as a consumer, has the right to exercise rights arising from defects. The scope of exercising rights arising from defective performance depends on whether the breach of contract was material or non-material. 2.2. If a party breaches the contract in a material manner, the other party may withdraw from the contract without undue delay. A breach of obligation is material if the breaching party knew or must have known, already at the time of concluding the contract, that the other party would not have concluded the contract had it foreseen such breach; in other cases, the breach is presumed not to be material. 2.3. If the defective performance constitutes a material breach of contract, the Buyer has the right:
  • to have the defect remedied by delivery of a new item without defect or by delivery of a missing item,
  • to have the defect remedied by repair of the item,
  • to receive a reasonable discount from the purchase price, or
  • to withdraw from the contract.
2.4. The Buyer shall inform the Seller which right they have chosen when notifying the defect, or without undue delay after notifying the defect. The Buyer may not change the choice made without the Seller’s consent; this does not apply if the Buyer requested repair of a defect that proves to be irreparable. If the Seller does not remedy the defects within a reasonable period or notifies the Buyer that the defects will not be remedied, the Buyer may request a reasonable discount from the purchase price instead of remedying the defect, or may withdraw from the contract. 2.5. If the Buyer does not choose their right in time, they have the rights as if it were a non-material breach of the Purchase Agreement. 2.6. If the defective performance constitutes a non-material breach of contract, the Buyer has the right to have the defect remedied or to receive a reasonable discount from the purchase price. 2.7. Until the Buyer exercises the right to a discount from the purchase price or withdraws from the contract, the Seller may deliver what is missing or remedy the legal defect. Other defects may be remedied by the Seller at its discretion by repairing the item or delivering a new item; the choice must not cause the Buyer unreasonable costs. 2.8. If the Seller does not remedy the defect in the item in time or refuses to remedy the defect, the Buyer may request a discount from the purchase price or may withdraw from the contract. The Buyer may not change the choice made without the Seller’s consent. 2.9. The Buyer may not withdraw from the contract or request delivery of a new item if they cannot return the item in the condition in which they received it. This does not apply:
  • if the change in condition occurred as a result of inspection for the purpose of detecting the defect in the item,
  • if the Buyer used the item before discovering the defect,
  • if the Buyer did not cause the impossibility of returning the item in unchanged condition by their act or omission, or
  • if the Buyer sold the item before discovering the defect, consumed it or altered it during ordinary use; if this happened only in part, the Buyer shall return to the Seller what can still be returned and shall compensate the Seller up to the amount by which the Buyer benefited from the use of the item.
2.10. Non-conformity with the Purchase Agreement that becomes apparent within six months from the date of receipt of the item is deemed to have existed already at the time of receipt, unless this is inconsistent with the nature of the item or unless the contrary is proven. 2.11. If the Buyer does not notify the defect in the item in time, they lose the right to withdraw from the contract.

3. Warranty Period

3.1. A warranty period of 24 months is provided for all goods. The warranty does not apply in the following cases:
  • the goods were damaged by improper or unprofessional handling,
  • the goods were damaged by natural forces,
  • the goods were damaged by normal wear and tear.
3.2. The warranty period begins on the date the goods are received by the customer, and it is extended, where applicable, by the period during which the goods were undergoing warranty repair. If the goods are replaced, a new warranty period of 24 months begins.

4. Complaints and Their Submission

4.1. The Buyer is obliged to inspect the delivered goods immediately after receiving them and to inform the Seller without undue delay of any defects found. If the goods, especially food, show defects upon handover to the Buyer as a result of which they cannot be used for their intended purpose, for example an expired use-by date or food unfit for consumption, the Buyer is obliged to immediately notify the Seller and hand over the goods to the Seller. 4.2. If a defect occurs during the warranty period, the Buyer has the following rights when exercising the warranty, depending on the nature of the defect:
  • If the defect can be remedied, the acquirer may request either repair, completion of what is missing, or a reasonable discount from the price.
  • If the defect cannot be remedied and the item cannot be properly used because of it, the acquirer may either withdraw from the contract or request a reasonable discount from the price.
4.3. To submit a complaint, the Buyer shall use the complaints form available at the web address stripschips.com/reklamace/. In the complaints form, the Buyer shall state what defect they see in the goods and which method of complaint settlement they have chosen. 4.4. The Buyer may notify a justified complaint in one of the following ways:
  • to the Seller’s e-mail address info@stripschips.cz,
  • by post to the delivery address: Sedliště 398, 739 36 Sedliště,
  • by post to the Seller’s registered office address: Husitská 107/3, 130 00 Prague – Žižkov,
  • by telephone at tel. no.: +420 722 214 069,
  • in person / by prior arrangement at the delivery address: Sedliště 398, 739 36 Sedliště.
4.5. The goods must then be sent or delivered, preferably in the original packaging or in suitable transport packaging, together with a description of the defect and a copy of the sales document, to the operator’s address / delivery address: Sedliště 398, 739 36 Sedliště.

5. Handling of Complaints

5.1. After receiving the complaint, the Seller shall proceed with handling it. The complaint handling process consists of two stages, namely:
  • Decision on the complaint – at this stage, the Seller assesses the alleged defect of the product and informs the Buyer whether the complaint is considered justified or unjustified and how the defect in the goods will be resolved, if applicable;
  • Settlement of the complaint – at this stage, the defect will be remedied or the Buyer’s other right arising from defective performance will be satisfied.
5.2. The Seller is obliged to issue the consumer with written confirmation stating when the consumer exercised the right, what the complaint contains and what method of complaint settlement the consumer requests; and further confirmation of the date and method of complaint settlement, including confirmation of the repair carried out and its duration, or a written justification for rejecting the complaint. 5.3. The Seller shall decide on the complaint immediately, in complex cases within three working days. The period begins on the date the goods are delivered to the Seller. This period does not include the time appropriate to the type of product or service required for expert assessment of the defect. A decision on the complaint means issuing a statement as to whether, in the Seller’s opinion, the complaint is justified or not and how the defect in the goods will be resolved. 5.4. The complaint, including removal of the defect, must be settled without undue delay, no later than within 30 days from the date the complaint is submitted, unless the Seller agrees with the consumer on a longer period. The ineffective expiry of this period is considered a material breach of contract. Settlement of the complaint means repair of the goods, or replacement of the goods or refund of funds when a discount from the purchase price is applied or when the Buyer withdraws from the contract. 5.5. The Seller must inform the Buyer about the settlement of the complaint – until then, the complaint is deemed not to have been settled. The customer may obtain information about the progress of the complaint by calling +420 722 214 069, or at the e-mail address info@stripschips.com. In …………………… on …………………… YES PRODUCTS s.r.o.