Rules for claiming

 These complaints procedures regulate the manner in which the buyer's right to claim defective performance or the right to claim a warranty relating to goods purchased from the seller, i.e. PK Technik sro  in the online store  www.pktechnik-trailers.com

Email: reklamace@pktechnik-trailers.com

Phone:  +420 775 551 000

 

Return of goods - download form here:   PK Technik return form 

Product complaints - download form here:  PK Technik complaint form

 

1. The provisions of Act No. 89/2012 Coll. , the Civil Code, as amended, shall apply to the legal relations concluded between the Seller and the Buyer. If the Buyer is a consumer, Act No. 634/1995 Coll. , the Consumer Protection Act, as amended, shall apply.

2. The buyer - consumer is a natural person who, when concluding and performing the contract, is not acting within the scope of his commercial or other business activity or within the independent exercise of his profession. He is a natural person who purchases goods for a purpose other than for doing business with these goods. The buyer - who is not a consumer, is an entrepreneur who purchases goods for the purpose of doing business with these goods, i.e. who, when concluding and performing the contract, is acting within the scope of his commercial or other business activity or within the independent exercise of his profession.

3. The goods are defective: if they are not in the agreed quantity, quality and design, or of the quality and design for the purpose apparent from the contract, or are not suitable for the purpose.

4. When sold in a store to a consumer buyer, the goods are considered defective if:

   - does not have the properties agreed upon by the parties, and in the absence of such an agreement, such properties as the seller described or which the buyer expected with regard to the nature of the goods,
   - is not suitable for the purpose stated by the seller for its use or for which a thing of this type is usually used,
   - does not correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
   - is not in the appropriate quantity, measure or weight,
   - does not comply with the requirements of legal regulations.

5. The buyer's right to defective performance is based on a defect that the item has when the risk of damage passes to the buyer (i.e. upon acceptance), even if this defect becomes apparent later.

6. To exercise the right to defective performance, the buyer is obliged to notify the seller of the occurrence of an obvious and quantitative defect without undue delay after he could have discovered it during timely inspection and sufficient care, i.e. upon receipt of the goods, no later than 24 hours after receipt of the goods . This right lapses later.

7. To exercise the right to defective performance, the buyer is obliged to notify the seller of the occurrence of a hidden defect without undue delay after the buyer could have discovered it with sufficient care, no later than 2 years from the date of receipt of the goods. If the defect becomes apparent within six months of receipt of the goods by the buyer who is a consumer, during the sale of the goods in a store, it is considered that the item was defective already upon receipt.

8. If the seller has provided a guarantee for the quality of the goods by his statement at the time of sale, the seller undertakes that during the warranty period, which begins from the receipt of the goods, the goods will be fit for use for their usual purpose and will retain their usual properties.

9. The buyer does not have rights from defective performance and from the guarantee for the quality of the goods if the goods are defective,

   a) which the buyer caused himself, e.g. by using the goods in violation of the instructions for use, neglecting regular maintenance, unprofessional mechanical intervention or using the product in a way that is not normally used or using it for a purpose for which it is not normally used;
   b) which arose as a result of normal wear and tear;
   c) which arose as a result of intentional damage;
   d) which was caused by external circumstances and weather conditions;
   e) which arose in goods that were intended for professional assembly and professional assembly was not carried out, or this fact was not proven,
   f) which the buyer knew or should have known about when taking over the goods.

10. The Seller provides a limited warranty for consumable goods, such as batteries, single cells, accumulators, light sources, operating fluids, etc., which are a separate item or part of another item, for a period of 6 months from the sale of these goods. The exception is internal starting sources, for which the Seller does not provide a warranty. The right to defective performance under the conditions specified in paragraph 6 of these complaints procedures is not affected.

11. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed.

12. The buyer is entitled to exercise the right to defective performance or the right to a quality guarantee (complaint) with the seller, at the seller's premises where the goods were purchased. When making a complaint, the buyer must prove to the seller:

    a) purchase of goods - by proof of purchase (receipt, cash receipt, invoice),
    b) performance of professional assembly of goods that were intended for professional assembly - by proof of professional service or a person authorized to perform assembly or an invoice, or a receipt for payment stating the technological process, work performed, order code of the goods and registration number of the vehicle in which the product was installed,
    c) proper use of the goods - by a diagnostic extract, if the nature of the goods allows it.

13. When making a complaint, the buyer is obliged to prove the defect of the goods by presenting the defective goods so that the seller has the opportunity to have the defect professionally assessed.

14. The seller will draw up a complaint protocol with the buyer about the claim. The seller reserves the right to refuse to remove the defects if the buyer provides incorrect information or fails to provide some necessary information until the buyer takes corrective action. If this does not happen within 10 days of the seller's request, the seller is not obliged to remove the defects.

15. The seller will decide on the validity of the complaint when it is made. In more complex cases, where it is necessary to ensure an expert assessment or a statement from the manufacturer, the seller will decide on its validity within 3 (three) working days.

16. Some claimed products must be damaged/destroyed in order to properly assess the legitimacy of the right to defective performance or the right to a quality guarantee (complaint). If the buyer's right to defective performance or the right to a guarantee is not proven and the claim is rejected by the seller, the buyer's right to return the claimed product in the condition before damage/destruction is excluded and the seller is not obliged to pay the buyer any damage to the goods or any related damage. If the buyer's right to defective performance or the right to a guarantee is proven and the claim is accepted by the seller, the buyer is entitled to demand compensation for the damaged/destroyed product from the seller, unless the defect in the goods is eliminated by delivering new goods or by delivering the missing part of the goods.

17. In the event of a justified complaint recognized by the seller, it will be handled by the seller within 30 days of its submission, unless a longer period is agreed upon in writing by the parties.

18. For a buyer who is not a consumer, in the event of defective performance, it is agreed, in derogation from the relevant provisions of the Civil Code, that the occurrence of a repairable defect or defects is always considered a minor breach of contract and not a major breach. In the event of a minor breach of contract, the buyer who is not a consumer has the right to:

    a) removal of the defect or
    b) delivery of new goods,
    c) a reasonable discount on the purchase price, at the seller's option.

    In the event of an irreparable defect that causes the goods to become inoperable, this is a material breach of contract and the buyer, who is not a consumer, has the right to:

    a) delivery of new goods, or
    b) a reasonable discount on the purchase price, or
    c) withdrawal from the contract.

19. The consumer buyer has the right, if the goods sold do not have the specified properties:

    a) demand free removal of the defect, if other claims are clearly disproportionate to the nature of the defect and the defect can be removed without undue delay;
    b) demand delivery of a new item without defects, if this is not unreasonable given the nature of the defect (demand replacement of only the defective part of the item, if the defect concerns only a part of the item). The buyer may also demand delivery of a new item if he cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects.
    c) withdraw from the contract only if it is not possible to demand delivery of a new item, or if he cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects;
    d) demand a reasonable discount, especially if the seller cannot deliver a new item without defects, replace a part of it or repair the item, as well as if the seller does not remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties for the buyer-consumer.

20. Compensation for related damage incurred by the buyer in connection with a defect in the goods is limited by the seller to the amount of the purchase price of the goods.

21. In the event that the buyer's right from defective performance or the right from the warranty is not proven, and the complaint is rejected by the seller, and the seller incurs damage in the form of reasonably incurred necessary costs for verifying the complaint, the seller is entitled to demand these costs from the buyer. To ensure the fulfillment of this obligation by the buyer, the seller is entitled to demand the provision of a financial security in an appropriate amount.

22. The seller is not liable for any injury to persons or damage to property or goods
    caused by improper handling or misuse of the goods, or negligence.

    This complaint procedure is valid from January 1, 2025.