Complaints Policy of PROGRESS sportswear
1. General Provisions
1.1. This Complaints Policy has been drawn up under the provisions of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as "Civil Code") and applies to goods (hereinafter referred to as "Goods") in respect to which the Buyer exercises the rights from defective fulfillment (hereinafter referred to as "Complaint") within the period for the exercise of such rights (hereinafter referred to as "Warranty Period").
1.2. The "Seller" is the following commercial company:
Trade name: PROGRESS sportswear, s.r.o.
Registered office: Míšovická 454/6, 155 21 Praha 5 – Zličín, Czech Republic
Company Identification No.: 26070944, Tax ID No.: CZ 26070944
The company is incorporated in the Companies Register kept by the Municipal Court of Prague, Section C, File No. 166096.
1.3. The "Buyer" is the person that concludes a purchase agreement with the Seller.
1.4. The place of business – distribution warehouse is located at the address Pražská 483, 397 Písek (hereinafter referred to as "Place of Business"). The Seller's company store is at the address Velké náměstí 119, 397 01 Písek (hereinafter referred to as "Company Store").
1.5. "Complaint" involves ascertaining a defect in the Goods and the subsequent return of the Goods to the address of the place of business:
PROGRESS sportswear, s.r.o.
397 01 Písek, Czech Republic
The Buyer shall send the claimed Goods to the above address without undue delay. The Buyer shall select the shipping method used to send the Goods back. The costs shall be settled in accordance with the Terms and Conditions.
The claimed Goods must be accompanied by at least a short description and specification of the defect. Our Complaint Record – to be downloaded here in PDF is best for this purpose.
1.6. The Seller shall not accept a consignment sent by the Buyer via "cash on delivery".
2. Scope of Liability for Defects
2.1. The liability for defects shall apply to defects that occur during the Warranty Period.
2.2. The Buyer shall not be entitled to exercise the right from defective fulfillment if:
a) the Buyer knew of the defect prior to receiving the Goods
b) the Buyer caused the defect himself
c) the claim was not asserted within the Warranty Period
d) unqualified handling, repairs, adjustments and other inappropriate treatment occurred
e) any changes to the original data in the receipt were made by the Buyer
f) the Goods were operated, used or handled in conflict with the manufacturer's instructions for use
3. Period for Exercising Rights from Defective Fulfillment (Warranty Period)
3.1. The Buyer is entitled to exercise the right from a defect in the Goods that occurs within 24 months.
3.2. The Warranty Period shall commence on the day the Goods are received by the Buyer.
3.3. The time between the receipt of the justified Complaint and the date the Buyer is obliged to accept the Goods after the settlement of the Complaint shall not be included in the Warranty Period.
4. Claims from Liability for Defects
4.1. If the Buyer's rights from defective fulfillment are justified, the Buyer shall be entitled to settlement under the Civil Code, and/or other applicable regulations.
4.2. The Buyer is in particular entitled to:
a) the delivery of a new, faultless product if the product lacks the properties set out in Section 2161 of the Civil Code, provided such settlement is not inadequate with regard to the nature of the defect
b) the replacement of a component, in case the defect pertains to that component only
c) the delivery of a new product or replacement of a component also if the defect is repairable, provided the Buyer is not able to use the product properly due to the recurrence of the defect following a repair or due to multiple defects
d) a reasonable discount if the Buyer does not withdraw from the purchase agreement or does not claim delivery of a new, faultless product, replacement of a component or repair
e) a reasonable discount also if the Seller is unable to deliver a new, faultless product to the Buyer, replace a component or repair the product, as well as if the Seller fails to remedy the situation within a reasonable period of time or if it would be unreasonably difficult for the Seller to remedy the situation.
4.3. If the product has a defect for which the Seller is liable and that product is sold at a lower price or is a used product, the Buyer shall have the right to a discount instead of a replacement product.
5. Acceptance of Goods
5.1. The Buyer shall only accept consignments with no apparent damage from the carrier. In the event of apparent damage to a consignment, the Buyer shall fill out a complaint record with the carrier or shall refuse to accept the Goods.
5.2. If, after unwrapping the package, the Buyer finds that the contents of the consignment have been damaged during transport, he shall notify the Seller without undue delay, although no later than within one business day, by telephoning +420 382 222 221, or by e-mail at email@example.com.
6. Complaints and Settlement
6.1. Complaints are dealt with directly at the company place of business – distribution warehouse. Information regarding the complaint may be obtained by telephoning +420 774 330 062, or by e-mail at firstname.lastname@example.org.
Complaints shall also be handled in the above place of business if the Buyer has collected the Goods in person at any of the pickup points.
6.2. The Buyer is obliged to prove the purchase of the Goods from the Seller, primarily by submitting a receipt.
6.3.1. The Buyer shall send the claimed Goods complete, including packaging (if possible).
6.3.2. For reasons of hygiene, the claimed Goods shall be accepted only if properly cleaned or washed.
6.4. The Buyer shall ensure that the Goods are safely packaged with regard to the shipping conditions. If the Goods are not safely packaged, the Complaint may not be acknowledged.
6.5. The Complaint Record shall be drawn up specifying the settlement of the Complaint.