This Complaints Procedure regulates the method and conditions of claiming defects of goods purchased through the online store www.mjmodelkits.com from our company.
OKER Hobby, s.r.o., with registered office at Kohoutovická 202/52, 641 00, Brno
registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, Insert 119714.
JOKER Hobby, s.r.o., Kohoutovická 202/52, 641 00, Brno
Phone number: +420 608879019
Contact e-mail: email@example.com
What defects are we responsible for?
As the seller, we are responsible for the fact that the goods are free from defects upon receipt. This means that the goods:
- has the characteristics that have been agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of the advertisement;
- is in the appropriate quantity, measure or weight;
- complies with the requirements of the law.
Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your expectations, if you are a consumer, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions of Retail.
If the defect becomes apparent within twelve (12) months of receipt, the goods shall be deemed to have been defective upon receipt.
Consumers are furthermore responsible for the absence of defects within the warranty period. If you are not a consumer, you are not covered by the quality guarantee.
What is the warranty period?
For unused consumer goods, the warranty period is twenty-four (24) months from receipt of the goods, unless a longer warranty period is specified on the web interface or in the documents accompanying the goods.
What rights do you have under defective performance?
If, during the warranty period, a defect occurs in the goods for which the purchased product cannot be used properly and this defect can be remedied, you have the right to have it repaired free of charge.
In the case of a removable defect in a product that has not yet been used, you may request the replacement of the defective product with a faultless one or a reasonable discount on the purchase price instead of the removal of the defect.
In the case of a defect which cannot be removed and which prevents the goods from being properly used as non-defective goods, you have the right to a replacement of the goods, a reasonable discount on the purchase price or you have the right to withdraw from the purchase contract.
You also have the right to a reasonable discount if we are unable to supply you with a new item without defects, to replace a part of the item or to repair the item, or if we are unable to arrange a remedy within a reasonable time or if it would cause you considerable difficulty to arrange a remedy.
You do not have the right to withdraw from the contract or the right to demand the delivery of a new item if you cannot return the goods in the condition in which you received them (except in the cases set out in § 2110 CC).
When can I not exercise my rights under defective performance?
You are not entitled to defective performance rights if:
- you were aware of the defect before taking delivery of the goods;
- you caused the defect yourself;
- the warranty period has expired.
Furthermore, the warranty and defect liability claims do not apply to:
- wear and tear caused by use (wear and tear caused by use includes the reduction of the capacity of batteries and accumulators), drying out and degradation of liquids;
- defects caused by improper use of the goods, failure to follow instructions, improper maintenance or improper storage.
For items sold at a lower price, we are not liable for the defect for which the lower price was agreed.
We are not liable for injury to persons or damage to property or goods caused by improper handling or misuse of the goods or negligence.
How to proceed with a claim?
You must file a claim with our company (or the person who is listed on the web interface as the person designated for repair) without undue delay after discovering the defect.
You can make a claim in the following way:
- For faster processing, you can inform us of the claim in advance by phone, e-mail or in writing, together with a copy of the document proving the purchase of the claimed goods in our e-shop (e.g. invoice);
- you deliver the goods complained of (other than by cash on delivery, which we do not accept) to our contact address (or to the address of the person designated for repair) or to our registered office.
When sending the goods, please wrap them in suitable packaging to prevent damage or destruction.
Please enclose the proof of purchase of the goods or the tax document - invoice, if issued, or other document proving the purchase of the goods (if you have not previously provided it), together with a description of the defect and a proposal for the resolution of the complaint. Failure to submit any of the above documents does not prevent the positive settlement of the claim according to the statutory conditions.
The moment of filing a claim is the moment when we are notified of the occurrence of the defect and the right of liability for defects of the sold item is exercised.
Complaints received by us shall be settled without undue delay, but no later than 30 days from the date of the complaint, unless we agree otherwise. We will issue you with a written confirmation of the claim and its settlement.
In the event of a disputed claim, we will decide on its acceptance within three working days from the date of the claim.
In Brno 1.1.2023