Conflict with the contract
In the event that the goods upon the receipt by the buyer are not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the buyer/consumer is entitled to the following: The seller shall, free of charge and without undue delay, put the product in accordance with the purchase contract, according to buyer's/consumer’s request, either by exchanging the item or repairing it. However, if such a procedure is not possible, the buyer/consumer can request a reasonable discount on the price of the goods or withdraw from the contract.
This, however, does not apply if the buyer/consumer knew about the conflict with the contract before taking over the goods or was the one who caused the conflict with the contract. Conflict with the contract, which will show within six months of the takeover, is considered a conflict existing already during the takeover, unless this is in contradiction with the nature of goods or unless it is proven otherwise.
Conflict with the contract particularly means that the goods sold do not have the quality and properties, which are required by the contract, described by the seller, manufacturer or their representative, or expected on the basis of their advertising,; or the quality and properties common for goods of the same kind; that the goods do not meet legal requirements, are not in the appropriate amount, measure or weight and do not correspond with the purpose which the seller states or for which they are normally used.
The warranty period for all goods is 24 months.
WARRANTY does not cover the following cases:
- Goods were damaged by inappropriate or improper handling
- Goods were damaged by natural elements
- Goods were damaged by common usage
- Warranty does not cover battery replacement (for watches)
The warranty period begins with the receipt of goods by the customer, and it may be extended further by the period during which the goods were in warranty repair. In case of the exchange of goods, a new warranty period of 24 months begins.
Complaint and its application
In the event that a defect occurs during a warranty period, the buyer has got, depending on the nature of the defect, the following rights while applying the warranty:
- In case of a removable defect, the right to a free, fair and timely removal of the defect; the right to a replacement of defective goods, unless it is disproportionate with regard to the nature of the defect; and if such a procedure is not possible, the right to a reasonable discount on the purchase price or the right to withdraw from the contract.
- In case of an irremovable defect preventing proper use of goods, the right to a replacement of the defective goods or the right to withdraw from the contract.
- In case of a removable defect occurring in greater numbers and repeatedly preventing proper use of goods, the right to a replacement of defective goods or to withdraw from the contract.
- In case of an irremovable defect not preventing proper use of the goods and when the buyer does not require an exchange of the goods, the right to a reasonable discount on the purchase price or the right to withdraw from the contract.
The buyer is obliged to check the delivered goods and without undue delay notify the seller of the defects found. The buyer may declare a legitimate claim through one of the following options:
- By e-mail: firstname.lastname@example.org
- By post to the operator’s address below.
- By phone: 02038 075 465
- By personal delivery to the operator’s address below.
The buyer then sends or delivers the claimed goods if possible in their original packaging or in a different convenient packaging with a defect description and a copy of the sales receipt to the operator’s address:
BRASTY GROUP Ltd
479/19 Velkomoravská street, Olomouc, Czech republic ZIP: 779 00
Complaints will be processed without undue delay, no later than one month from the date of applying the claim, unless the seller and the buyer agree otherwise. If the deadline for settling a claim is not met, the consumer has the right to an exchange of goods or to withdraw from the contract.
Complaint report can be downloaded here (PDF).
In case of a justified claim, the consumer is entitled to a compensation of costs associated with the claim. In case of an unjustified complaint, the seller is obliged to issue a written explanation for the refusal and the consumer is not entitled to a compensation of costs associated with the settlement of the claim, and at the same time, the seller is not entitled to a compensation
In case of an unjustified complaint, the Claimant will be notified in writing and will be informed about the cost of repairing the goods as deemed necessary by the Service. The Claimant is required to give written notice to Brasty Group within five working days of receiving that information and state whether they agree with the price of repairing the goods according to the assessment or whether they do not require the repair. If the Claimant does not express their opinion within the set time limit, they are deemed to disagree with the proposal and the goods will be returned back to them at their own expense.
In case that mechanical damage is found during the Service's assessment or there is no defect found / confirmed, Brasty Group, Ltd. is entitled to charge the Claimant the incurred costs associated with the diagnosis of the goods and their transportation.