Claims Procedure for claiming defective goods and settlement of such claims at www.viaconcept.store
This Claims Procedure forms an integral part of the purchase agreement and the ViaStore General Terms and Conditions [link to General Terms and Conditions] . All capitalized terms not defined in this document have the meaning assigned to them in the General Terms and Conditions.
If we use the term "we" or "our" for the purposes of this Claims Procedure, we mean Via Concept Store s. r. o., Pštrossova 191/22, 110 00 Prague 1, Czech Republic, identification number: 17254272, which is registered with the Municipal Court in Prague, under C 368943 (the "ViaStore" or the "Company").
Goods claims are governed by Czech law, in particular by the relevant provisions of the Act No. 89/2012 Coll., the Civil Code (the "Civil Code") and of the Act No. 634/1992 Coll., the Consumer Protection Act (the "Consumer Protection Act") and apply to consumer goods for which your consumer's rights are exercised from liability for defects during the warranty period.
Unless specifically stated otherwise, or when the nature of the provision excludes such application, these GTC shall also apply to any offline purchases in our (brick and mortar) store(s).
If a defect is found to be a significant breach of the Agreement between you and us (based on a written assessment of the [ViaStore Claims Department] or a supplier or manufacturer, if the nature of the product requires as such), these goods shall be exchanged for a new item, or the already-paid price for the goods shall be returned.
When you purchased the goods online, the following applies: The postage will also be refunded against the tax document (it is sufficient to send the document together with the order number to [Insert e-mail address]). The postage shall be returned in the amount corresponding to the cheapest offered method of goods delivery.
Rights and responsibilities for defects to goods do not apply in particular to cases where a defect or damage occurs:
- via mechanical damage to the goods,
- via demonstrably unlawful interference with a device,
- via natural disasters,
- via electrical surges (visibly burnt components or printed circuits) with the exception of normal deviations,
- via demonstrably incorrect use,
- via use inconsistent with the instructions for use or the instructions specified in the package or on the goods warranty sheet,
- via use contrary to generally-known usage rules,
- via demonstrable use under conditions that do not correspond in their temperature, dustiness, humidity, chemical and mechanical effects of the environment directly determined by the manufacturer, or which clearly arise from the nature of the item,
- via demonstrably unprofessional installation and operation,
- if the submitted warranty sheet shows clear signs of the changes made to the data or if the goods have a different production number than the number specified in the warranty sheet.
Our liability for defects does not apply to depreciation caused by routine use, for goods sold at a lower price for a defect for which the lower price was agreed, and for used goods for a defect corresponding to the degree of depreciation that the goods had at the time of takeover by you.
For gifts that we provide to you free of charge as part of a purchase agreement for other paid goods, no warranty or liability for defects over and above the law can be applied.
In the case of withdrawal from the purchase agreement, you are obliged to return to us the goods that are provided as a gift in their original condition. In the event of defective fulfilment, which constitutes a material breach of agreement, you shall be entitled to:
- removal of defects via the repair of the item,
- removal of defects via the delivery of a new item without defects, or the delivery of a missing part,
- a reasonable discount on the purchase price, or
- withdraw from the agreement.
- HOW TO CLAIM DEFECTIVE GOODS
- Claims (notifications) for defective goods:
- You are obliged to claim (notify of) defects to goods at our establishment or warehouse as they are specified in Article 3 of this Claims Procedure.
- You are obliged to send claimed goods or otherwise deliver them to us immediately after ascertaining defects. Continuous wear of your shoes or clothes may increase any existing damage to them, which may be a reason for us to refuse your claim. The period for which you are late in sending the goods to us shall not be counted in the deadline for settling claims.
- The warranty period for all goods is 24 months starting from the date of delivery.
- You are obliged to prepare the claimed goods for transportation so that the goods are not damaged, and you are also obliged to label the goods according to their nature (fragile, etc.). The risk of damage to an item is borne by you until its delivery to us. Please add a copy of the invoice and a filled-out claim form, which can be downloaded here [Insert link]. You are also obliged to describe in the claim form how the defect has occurred (or how it emerged).
- You are obliged to deliver the claimed goods to us clean (washed clothes, shoes cleaned but not washed).
- If, pursuant to a concluded purchase agreement, the goods manifest apparent deficiencies (for example, broken transport packaging) when the goods are received, you are entitled not to accept the goods. In such a case, the goods shall be sent back to us. We are obliged to put everything in order and send the goods to you as soon as possible.
- We are not obliged to satisfy your claim if we prove that you knew about the defect or you caused the defect to the goods.
- SETTLEMENTS OF THE CLAIMS
- We are obliged to settle a claim submitted by you (as the consumer) at the latest within 30 days from the date of the exercising of the claim, taking into account the deadline for the sending of the goods to us. In justified cases, we are entitled to request you to negotiate a longer period. We shall inform you of the settlement of the claim by e-mail to your e-mail address used when the purchase agreement was concluded. If the claimed goods are sent to us, the date of the claims shall be considered the date we receive the last part of the goods. The date that a claim is settled shall be considered the date when you – the consumer is informed by us about how the claim was settled.
- When a claim is exercised by you – the consumer, we shall issue you a written confirmation that you claimed the goods, what the content of the claim is and how you wish the claim to be settled, as well as a confirmation of the date and method of how the claim is settled, including a confirmation of carried out repairs and the duration thereof, or a written justification of refusal of a claim.
- With regard to a claim sent to us by post, we are obliged to send you the claims form in writing. The form must contain your name, surname, mailing address and e-mail address.
- The obligation to write up a claims form also concerns other persons designated to make repairs.
- You are obliged to pick up the claimed goods at the latest within one month of the expiration of the period during which claims are to be settled and, if settled later, within one month of notification of its settlement, unless we agree otherwise. If you do not pick up the claimed goods within the specified time limit, we shall become entitled to a storage fee of 50 CZK for each day of delay in picking up the goods.
- ADDRESSES OF THE SELLER
- Sending address for claims for Czech and foreign customer (buyer): [Via Concept Store s. r. o., Pštrossova 191/22, 110 00 Prague 1, Czech Republic]
- Establishments where a claim may be exercised and claimed Goods submitted: [Via Concept Store s. r. o., Pštrossova 191/22, 110 00 Prague 1, Czech Republic]
- CLOSING PROVISIONS
- This Claims Procedure shall become valid and effective on [Insert date].
- We reserve the right to change or supplement the wording of the Claims Procedure. Changes or supplements shall become valid and effective on the date they are published our website.