Complaints Procedure

I. Introductory provisions

This Complaints Procedure is an integral part of the terms and conditions of BENY, spol. s r.o., with registered office at 801/52 Václavské nám., Prague 1, ID No.: 63670992, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert 37932 (hereinafter referred to as the "Seller").
This Complaint Procedure applies to purchase contracts concluded between the Seller and the Buyer at the Seller's premises or through any means of remote communication, e.g. via telephone, electronic mail or the Seller's online shop, where the Buyer is not acting in the course of his trade or business or in the course of his independent professional activity when concluding and performing the contract. In the event that the buyer is acting within the scope of his business, the seller's liability for defects, as well as the time limits for exercising rights arising from defective performance, are governed by the relevant provisions of the Civil Code.
The Seller's online shop is operated under the BENY trademark on the website www.beny.cz (hereinafter referred to as the "Website").
The provisions in this Complaints Procedure take precedence over the provisions in the Terms and Conditions.
The rights and obligations not regulated herein shall be governed by the relevant legislation, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, as amended.

II. Time limit for exercising the right of defective performance

The buyer may complain about a defect that appears in the goods within two years of receipt. The seller is liable to the buyer that the goods are not defective upon receipt. If the defect manifests itself within one year of receipt, the goods shall be deemed to be defective on receipt.
The period of time referred to in Article II(1) shall not include the period of time during which the buyer has been unable to use the goods in the event of a justified complaint of a defect.
The rights of defective performance shall not apply to normal wear and tear of the goods (or parts thereof) caused by use or, in the case of used goods, wear and tear corresponding to the extent of their previous use.
If the seller provides a guarantee of quality for specific goods within the meaning of § 2113 CC, the seller is obliged to provide the buyer with a guarantee in writing (in the form of a guarantee certificate). The warranty certificate must contain the information specified in the provisions of 2174a CC. If the nature of the goods so permits, it is sufficient to issue the buyer with a proof of purchase containing the information referred to in the preceding sentence instead of a warranty certificate.
The Buyer shall exercise his rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible, taking into account the range of business of the goods sold, or at the Seller's registered office.

III. Acceptance of the goods by the buyer

On receipt of the goods, the Buyer shall, as far as possible, inspect the goods and satisfy himself as to their characteristics. If the Buyer finds a defect in the goods, he shall notify the Seller without undue delay.
If the goods are delivered to the Buyer (i.e. not handed over at the Seller's premises), the Seller recommends the Buyer to check the condition of the goods immediately upon receipt of the goods (intactness of the packaging, damage to the packaging, etc.). The Buyer is entitled to refuse to accept a shipment that is not in conformity with the purchase contract, i.e. the shipment is incomplete or damaged. If the Buyer accepts such a damaged shipment from the carrier, the Seller recommends the Buyer to describe the damage in the carrier's handover report in order to later claim for defective performance, to immediately notify the Seller of the damage to the shipment(eshop@beny.cz, or. +420 222 210 045) and at the same time send the Seller a report drawn up with the carrier about the damage or incompleteness of the shipment.

IV. Rights arising from defective performance, handling of claims

Depending on the nature of the claimed goods, the Buyer has the following rights when exercising the rights of defective performance. The buyer may demand delivery of a new item without defect or repair of the item, unless the chosen method of removing the defect is impossible or unreasonably expensive compared to the other method;

1.2 The buyer may demand a reasonable discount on the purchase price or withdraw from the contract if:

a) the seller refused to remove the defect or did not remove it in accordance with Article IV, paragraph 1.1 of this Complaints Procedure;

b) the defect is repeated (i.e.

c) if the defect is a material breach of contract or

d) if it is obvious from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without undue hardship to the buyer,

e) if the goods cannot be properly used due to multiple defects (i.e. if the goods have at least three defects preventing their proper use),

f) if the defect cannot be remedied and the defective item cannot be used properly because of it.

1.3 The buyer cannot withdraw from the contract if the defect is insignificant.
The choice of the method of settlement of the claim shall be proposed by the buyer. The Seller shall draw the Buyer's attention to any inappropriateness of the choice and suggest an appropriate method (in particular if the Buyer requests a method relating to a remediable defect but the Seller finds that the defect is irremediable). If the seller has granted a reasonable discount, the goods cannot be claimed later for the defect for which the reasonable discount was granted.
The seller is entitled to refuse to remedy a defect in the goods if it is impossible or unreasonably expensive to do so, in particular having regard to the significance of the defect and the value the goods would have had without the defect.
The Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time appropriate to the type of goods or services required for a professional assessment.
The Seller shall settle the complaint, including the removal of the defect by the Seller, without undue delay, at the latest within 30 days from the date of the complaint. The 30-day period may be extended by written agreement with the Buyer and such extension shall not be unreasonably long. after the expiry of this time limit, the defect in the goods shall be deemed to have actually existed and the buyer shall have the same rights as if it were a defect that could not be remedied.
The Seller shall issue the Buyer with a written confirmation of when the claim was made, what its content is, what method of handling the claim is required, what the Buyer's contact details are for the purpose of providing information on the handling of the claim, as well as confirmation of the date of the method of handling the claim, including confirmation of the repair and the duration of the claim, or the reasons for rejecting the claim. The Seller is obliged to issue the Buyer with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.
The Buyer shall be entitled to reimbursement of necessary costs (in particular, postage paid by the Buyer when sending the claimed goods) incurred in connection with the exercise of rights arising from defective performance and which were actually and reasonably incurred.
If the Buyer does not take possession of the claimed goods within one (1) month from the expiry of the time when the repair should have been carried out, and if it was carried out later by agreement of both parties within one (1) month from the date of sending the report on the repair, the Seller has the right to charge a storage fee of CZK 50 for each day of delay. If the Buyer does not take possession of the claimed goods even within a further six (6) months from the date on which the Buyer was obliged to take possession of the goods, the Seller reserves the right to sell the goods to a third party. The Seller shall pay to the Buyer the proceeds of the sale, less the cost of repair or alteration of the goods, the storage fee and the cost of sale. The buyer must assert the right to the proceeds in writing to the seller.
Goods sent for claim will be considered only with regard to the defect stated by the buyer.
The goods must be handed over for assessment of the buyer's defect claims without contamination.
Liability rights for defects in goods do not apply in particular, but not exclusively, to damage to the goods arising from: (a) mechanical damage to the goods, (b) use of the goods in conditions which do not correspond in temperature, dustiness, humidity, chemical and mechanical effects to the environment directly intended by the seller or manufacturer, (c) improper assembly, installation, handling or neglect of the goods, (d) excessive loading oruse of the goods in violation of the conditions specified in the documentation or general principles, e) unqualified intervention or alteration of parameters, f) goods modified by the buyer if the defect is due to such intervention, g) damage caused by natural elements or force majeure.
The Buyer shall not be entitled to the right of defective performance if the Buyer caused the defect.
If the Seller finds that the Buyer is not entitled to a claim for defective performance, in particular in the cases referred to in Article lV(11) of the Complaints Procedure, the Buyer's claim shall be rejected. The repair of the goods in this case may only be carried out by agreement between the seller and the buyer, subject to the buyer's agreement to pay the costs.

V. final provisions

Disputes between the Seller and the Buyer shall be settled by the general courts of the Czech Republic under Czech law. Out-of-court dispute resolution is possible through the Czech Trade Inspection Authority.
The Complaints Procedure and the Terms and Conditions are published in electronic form on the Seller's website.
The Seller's contact details are: delivery address: Václavské nám. 801/52, 110 00 Prague 1,
email address: info@beny.cz.
This Complaints Procedure is effective from 24.01.2023.