Complaints - how to claim goods
1. General provisions
The following claims code constitutes an integral part of the General Business Terms and Conditions of the seller – Petr Novotný, Obvodová 9, 19000 Praha 9 – and describes the process of claiming the guarantee arranged to the goods purchased from Petr Novotný.
The purchaser must get familiarised with the Claims Code and the General Business Terms and Conditions before ordering the goods. Simultaneously, the purchaser acknowledges that the purchaser must provide Petr Novotný with all assistance and co-operation necessary to handle the claims; otherwise, the period for handling the claims gets extended for the time of purchaser’s failure to provide the required assistance and co-operation.
The purchaser agrees to this Claims Code by entering into the purchase agreement and receiving the goods from the Seller.
The definition of terms contained herein supersedes the definition of terms contained in the General Business Terms and Conditions. If the respective term is not defined in the Claims Code, the term in question is interpreted and construed as defined in the General Business Terms and Conditions. If the term in question is not defined in the General Business Terms and Conditions, it is interpreted and construed as defined by law.
Any maintenance claimed within the purchased or agreed services is exclusively governed by the terms and conditions for the services in question.
2. Quality Guarantee
The guarantee can be claimed against a purchase document (invoice) issued by Petr Novotný in respect of the goods purchased. This document (invoice) includes all essentials stipulated by law required to claim the guarantee.
The period for exercising the rights to claim the guarantee commences on the day the purchaser accepts the good, that is, on the day stated in the purchase document or certificate of guarantee.
The period lasts 24 months.
The guarantee of consumables (dental care, cosmetics, drugstore items, pet food) can be claimed within twenty-four (24) months. If, however, a best before date is indicated on every piece of the goods in question, the period for claiming the guarantee is shortened and terminates on the date indicated on the goods.
Purchasers-entrepreneurs may be subject to a different period for claiming the guarantee, however, only if such different period is explicitly stated on the goods in question. Such goods are then labelled as follows.
The period for claiming the guarantee terminates on the day corresponding to the day on which the period has commenced plus the respective number of months thereafter.
If not claimed within the stated period, the respective product liability rights terminate.
If, as part of the handled claim, the defective goods are replaced, no new period of guarantee commences. The relevant period for claiming the guarantee commences at all times on the day the purchaser receives the original goods.
2..2. Quality upon Receipt
The Seller is liable to the purchaser that the goods are free from defects upon receipt. In particular, the Seller is liable to the purchaser that, at the moment the goods are received by the purchaser:
The goods have the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by the Seller or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
The goods can be used for the purposes stated by the Seller or for the purposes for which the goods of that kind are usually used.
The goods are provided in the corresponding quantity, measurement or weight.
The goods comply with the requirements stipulated by law.
If the goods become defective within six month after receipt, the goods are deemed being defective already upon receipt by the purchaser, unless proved by the Seller otherwise.
3. Guarantee Terms and Conditions
3.1. Quality Inspection
When receiving the goods from the shipping company, the purchaser is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape and undamaged packaging) as per the delivery note.
On the day of receiving the goods, the purchaser is to further inspect the goods for completeness; in particular, if all parts have been delivered.
Any incongruities are to be reported to the Seller upon receipt of the goods from the shipping company and stated in the record of delivery whereby the purchaser may refuse to accept the delivery. Any incongruities may as well be reported to the email address firstname.lastname@example.org or by completing the contact form available here. In addition, Petr Novotný recommends attaching any photos documenting the defects and damaged packaging.
The statutory period for claiming the guarantee is not affected thereby. Any subsequent claims of incomplete delivery or damaged packaging do not limit the purchaser’s right to claim the guarantee; yet, they enable Petr Novotný to prove that the same do not represent a conflict with the purchase agreement.
3.2. Guarantee Claims
When claiming the guarantee, the purchaser is to deliver the goods in question, incl. major appliances, to the following address of the Seller:
Petr Novotný, Novovysočanská 24N, 19000 Praha 9, Czech Republic.
The delivery is to include: the goods claimed (including all parts and accessories); in addition, Petr Novotný recommends enclosing the purchase document or another proof that the guarantee can be claimed, detailed description of the defects and sufficient contact details of the purchaser (namely the sending address and telephone number) so that the origin and defects of the goods can be identified.
Petr Novotný further recommends selecting the mode of handling the claim (repair, replacement or refund).
The purchaser receives a written document issued by Petr Novotný with information as to the date of the claim, scope of claim and selected solution whereby this document is sent by email once the claimed goods are delivered; if the guarantee is claimed in person, the document is handed over instantly.
The purchaser acknowledges that if the claimed goods are not submitted to the Seller along with all parts and accessories received originally with the claimed goods, the purchaser – if withdrawing from the agreement – will be refunded the purchase price less the price of the parts and accessories not submitted.
The guarantee further does not apply to the damage caused by or resulting from the following activities (however, only if such activity is not usual and at the same time is not prohibited in the enclosed instructions for use):
use of goods in conditions (temperature, dust, humidity, chemical and mechanical conditions) other than directly stipulated by the Seller or manufacturer;
excessive overuse or use contrary to the terms and conditions stipulated in the relevant documents or contrary to the general practice;
non-qualified interventions or adjustments of parameters;
adjustments made by the customer (painting, bending, etc.);
forces of nature or force majeure;
These limitations do not apply to cases where the characteristics of the goods being in conflict with the above have been explicitly agreed on or stipulated by and between the purchaser and Petr Novotný or declared by the Seller; or to cases where the same can be expected with reference to the advertisement or usual use of the goods.
The claimed goods are tested only for the defects claimed by the purchaser (as claimed in the claims form or enclosed document describing the defects in question). Petr Novotný recommends describing the defects in writing, incl. electronic form.
If the claim is rejected and the purchaser agrees that the goods will be repaired for consideration, the purchaser is charged the amount stipulated in the valid price list of the service centre.
The purchaser acknowledges that the repairs for consideration are not provided for directly by Petr Novotný but rather facilitated by Petr Novotný whereby Petr Novotný only orders the repairs with the authorised service centres or communicates the repairs, transport, etc. with these authorised service centres. Petr Novotný assumes no liability for the repairs made.
Before the goods are repaired for consideration, the purchaser is informed about the price, extent and time necessary for the repair. The goods can be repaired for consideration only if the purchaser explicitly agrees so (resp. only under the executed services agreement) after having received the information stipulated in the preceding sentence.
If the claim is rejected, the purchaser acknowledges that Petr Novotný is entitled to re-invoice to the purchaser the costs charged by the service centre and shipping the goods back as stipulated in the price list of the service centre in question.
3.5. Rejected Goods
Petr Novotný has a right to refuse to accept the claimed goods if the goods in question and/or the parts thereof are dirty or do not comply with the basic sanitary and security requirements for claiming the guarantee. Fuel tanks must be submitted empty.
4. Handled Claims
4.1. Purchaser – Consumer
The consumer is a private individual acting in a private capacity.
Claims of purchasers-consumers are decided by the Seller immediately or, if the complex nature of the claim so requires, within a maximum of three business days (excluding the time reasonably necessary to professionally assess the defect with respect to the type of the claimed goods or services).
The claims are handled and the defects are removed by Petr Novotný without undue delay, however, within a maximum of 30 days after the guarantee has been claimed. Once the guarantee is claimed, the period of 30 days can be extended as per the agreement with the consumer, however, only for a period other than indefinite or unreasonably long. After the period (extended period) expires, the claimed defect is deemed to have indeed existed and the consumer has the same rights as if the defect in question was ascertained to be other than capable of being removed.
4.2. Purchaser – Entrepreneur
Claims of purchasers-entrepreneurs are decided by the Seller within a maximum of 40 days after the guarantee has been claimed whereby the purchaser-entrepreneur learns about the decision from an email letter sent to the contact email address.
5. Common Provisions
The purchaser receives a written document issued by Petr Novotný with information as to the date of the claim, result, repair (if any), duration and reasons (if any) for rejecting the claim.
After the claim is handled, the purchaser is informed by Petr Novotný thereabout by telephone, text message or e-mail letter. Goods shipped by a shipping company are automatically shipped backed to the purchaser’s address once the claim is completely handled.
If the claim is accepted as legitimate and the goods are repaired or replaced, the period of guarantee is extended for the period of handling the claim with this period commencing one day after the day the guarantee has been claimed and terminating on the day the purchaser has been informed about the result.
If the claim is accepted as legitimate, the purchaser is entitled to claim reimbursement of costs reasonably incurred in claiming the guarantee; in particular, the purchaser is entitled to the reimbursement of postage. The costs claimed need not necessarily include costs incurred in travelling by car to claim the guarantee, express shipping, etc. The reimbursement of costs must be claimed without undue delay, however, within a maximum of one month before the period for claiming the guarantee expires.
6. Final Provisions
The statutory rights of the purchaser are not affected hereby.
This Claims Code comes into effect on 1.11.2015, repealing the previous versions.
Return of goods - how to return goods
The following information is valid for private consumers. Cooperation with business partners is governed by business conditions for business partners.
Please send the goods with ordinary mail service and make sure to enclose a copy of the invoice and a short note on how to proceed (exchange of the goods or refund of the money).
Please note: you have to bear the direct cost of returning the goods yourself.
Petr Novotný – Canipet
hala B2, Big Box
Ve žlíbku 1800/77
19300 Praha 9
Tel.: 777 324 428
Returns: Please enclose a copy of the invoice. With receipt of the goods we will reimburse via the same channel you effected payment.
Exchange: Place a new order in our shop; on receipt of the goods we reimburse the purchase price.
If you want to exchange items please keep in mind that postage is at your expense if shipping is outside of Czech republic. Postage will only be reimbursed in case of wrong or faulty goods.
Note: we will not accept returns sent "freight forward"!
Used items are non-returnable.
Complaints: In case of any complaints please mail to email@example.com or call +420 777 324 428. (Mo - Fr 8am - 6pm)
To avoid delays and to ensure a speedy process please submit invoice number/customer id.