Please submit any claim or complaint using the complaints form on our website. Registered customers can access the complaints form directly from their user account. We handle justified claims without undue delay, but no later than within 30 days, in accordance with the applicable Complaints Policy.

IMPORTANT: If, after delivery of the ordered goods, you discover damage other than obvious damage (beneath intact packaging) that was likely caused during transport, it is essential that you report such damage no later than within 3 business days from the date on which the shipment was delivered to you. At the same time, we ask you to retain the packaging in which the shipment was delivered and send written information describing the extent of the damage, together with photographic documentation, to the e-mail address specified above. Claims concerning mechanical damage of this kind submitted after this deadline will be rejected.

Complaints Policy

Seller:
Company name: ENPRAG, s.r.o.
Company ID No.: 62743741
VAT ID No.: CZ62743741
Address: K Holyni 833/42, 154 00 Prague 5
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 40956.

Contact details:
Business premises address: K Holyni 833/42, 154 00 Prague 5
Telephone: +420 603 814 103
E-mail: obchod@enprag.cz
Web portal: www.enprag.com
as the seller of goods through the e-shop (hereinafter referred to as the “Seller”).

This Complaints Policy governs the manner in which the Buyer may exercise rights arising from defective performance against the Seller, arising under a purchase agreement (hereinafter referred to as the “Agreement”) concluded between the Seller and the Buyer as a result of an order for Goods placed through the Seller’s e-shop (hereinafter referred to as the “Web Portal”).

I. Introductory Provisions

1.1. The Complaints Policy forms an integral part of the Seller’s General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”). Before ordering the Goods, the Buyer is obliged to familiarize themselves with the Seller’s Terms and Conditions, including the Complaints Policy. By checking the consent box before submitting the Order, the Buyer confirms their agreement with the Terms and Conditions and Complaints Policy in force.

1.2. Terms used with an initial capital letter in this Complaints Policy have the meaning defined in this document. If such terms are not defined in the Complaints Policy, they shall have the same meaning as in the Terms and Conditions or, where applicable, in the Agreement.

1.3. The rights and obligations set out in the Complaints Policy are governed by the applicable generally binding legal regulations, in particular Sections 2099 to 2117 and Sections 2161 to 2174b of Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

II. Quality Guarantee

2.1. The Seller is liable to the Buyer for the quality of the Goods, i.e. that the Goods are free from defects, until the risk of damage passes to the Buyer, i.e. until the Goods are accepted or until the time when the Goods could have been accepted.

2.2. In particular, the Seller is liable to the Buyer for ensuring that the Goods conform to:

• the description,
• type,
• quantity,
• quality,
• functionality,
• compatibility,
• interoperability,
• and other characteristics agreed between the Parties,
• are suitable for the purpose for which the Buyer intends to purchase them and of which the Seller has been informed,
• are supplied to the Buyer with any accessories, including instructions for use, i.e. assembly or installation instructions.

2.3. Furthermore, the Seller is liable to the Buyer for ensuring that the Goods:

• are suitable for the purpose for which goods of the same type are normally used,
• in terms of quantity, quality and other characteristics, including durability, functionality, compatibility, interoperability and safety, correspond to the usual characteristics of goods of the same type that the Buyer may reasonably expect,
• are delivered to the Buyer with accessories, including packaging, assembly or installation instructions and other instructions for use that the Buyer may reasonably expect,
• correspond in quality or workmanship to the sample or model provided to the Buyer prior to conclusion of the Agreement.

2.4. The requirements specified in Section 2.3 of this Article of the Complaints Policy shall not apply if the Seller informed the Buyer that certain characteristics of the Goods differed and the Buyer expressly agreed to such differences before conclusion of the Agreement.

2.5. The Seller provides the Buyer with proof of purchase of the Goods, i.e. an invoice, which also serves as proof of warranty. It contains all information required by law, in particular the name of the Goods, the Price, the quantity of the Goods, the serial number of the Goods and the warranty period.

2.6. At the Buyer’s request, the Seller shall also provide a warranty certificate. The provision of a warranty does not affect the Buyer’s statutory rights associated with the purchase of the Goods.

III. Rights Arising from Defective Performance

3.1. The Buyer is entitled to exercise rights arising from defective performance (hereinafter referred to as a “Claim”) if the Goods are defective, i.e. if they fail to meet any of the conditions specified in the preceding section of this document.

3.2. The Buyer may do so by e-mail at reklamace@kovovynabytek.cz, by letter sent to K Holyni 833/42, 154 00 Prague 5, or in person at the Seller’s business premises at K Holyni 833/42, 154 00 Prague 5.

3.3. When submitting a Claim, the Buyer is obliged to specify how the Claim should be resolved. Once made, this choice is binding and may not be changed without the Seller’s consent.

3.4. If the Goods are defective, the Buyer has the right to:

• have the defect remedied by delivery of new, defect-free Goods or by delivery of the missing part of the Goods,
• have the defect remedied by repair of the Goods,
• receive a reasonable reduction in the purchase price of the Goods,
• withdraw from the Agreement.

3.5. The method of resolving the Claim may be changed if the Buyer requested that the defect be remedied by repairing the Goods and the defect subsequently proves to be irreparable.

3.6. The Seller is entitled to refuse to remedy the defect by repairing the Goods if the defect proves to be irreparable or if remedying it would involve disproportionate costs.

3.7. The Buyer is entitled to withdraw from the Agreement or receive a reasonable reduction in the purchase price if:

• the Seller refuses to remedy the defect by repairing the Goods,
• the same defect in the Goods occurs repeatedly,
• the defect constitutes a material breach of the Agreement,
• the Seller has failed to remedy the defect by repairing the Goods within a reasonable period of time.

3.8. The Buyer is not entitled to withdraw from the Agreement if the defect in the Goods is insignificant.

3.9. The Buyer is not entitled to submit a Claim in respect of the Goods if the Buyer caused the defect through their own fault or was aware of the defect when accepting the Goods.

3.10. A Claim may not be submitted in respect of a defect in the Goods for which the Goods were sold at a reduced purchase price due to that defect.

3.11. Wear and tear resulting from normal use of the Goods shall not be considered a defect in the Goods.

3.12. The right to submit a Claim shall cease to exist if the defect in the Goods was caused by improper assembly or installation of the Goods or by improper handling of the Goods.

IV. Submission of a Claim

4.1. Where a Claim is submitted by a Consumer, the Consumer is entitled to do so within 24 months from the date of acceptance of the Goods.

4.2. Where a Claim is submitted by an Entrepreneur, the Entrepreneur is obliged to notify the Seller of and identify the defect in the Goods without undue delay after the defect was or could have been discovered, but no later than within three days of accepting the Goods. In the case of a hidden defect, the Entrepreneur must notify the Seller without undue delay after the defect was or could have been discovered, but no later than within two years from the date of acceptance of the Goods.

4.3. Please submit any claim or complaint using the complaints form on our website.

4.4. Upon submission of a Claim, the Seller shall issue the Buyer with written confirmation containing, in particular:

• the date on which the Claim was submitted,
• the content of the Claim – identification of the Goods, including a description of their condition and defect,
• the method of resolving the Claim requested by the Buyer,
• the Buyer’s contact details for the purpose of providing information regarding the Seller’s handling of the Claim.

4.5. The period for remedying a defect by repairing the Goods is 30 days from the date on which the Claim is submitted, unless the Parties agree otherwise. The running of this period shall be suspended if the Seller has not received all documentation necessary to process the Claim.

4.6. The Seller shall inform the Buyer of the resolution of the Claim via the e-mail address or telephone number specified in the written confirmation of submission of the Claim. The Seller shall subsequently issue the Buyer with written confirmation of the date and manner in which the Claim was resolved.

V. Final Provisions

5.1. By creating and submitting an Order for the purchase of Goods, the Customer confirms that they have familiarized themselves with the Complaints Policy and that, through the web form, they agree to it in full.

5.2. The Seller is entitled to amend the Complaints Policy. The new Complaints Policy shall be published on the Seller’s Web Portal.