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Warranty claims / Rules

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Introduction

Warranty system issued by company VIXEN Czech Republic s.r.o. (further referred as "seller").
Warranty system is used for securing the correct procedure during a warranty claim of defects on consumer goods.
The warranty system has been prepared according to legislation no.40/1964 Sb., Civil code in a valid content and legislation no. 634/1992 Sb Consumer protection in a full content.


Article 1 – Rights of the buyer for warranty of defective goods

If a sold good taken over by the buyer is not in accordance with the purchase contract or a defect appears on it, the buyer can claim a warranty from the seller (his responsibility for any defects on good sold). The defect is not considered when goods characteristics changed, which happened during the warranty period as a cause of attrition, misuse or incorrect interference. If buyer exercises his right for warranty for defective goods (further referred as warranty), the company representative or him delegated person is obliged to decide immediately on legitimacy of the warrant claim. In more difficult cases the decision can take up to 30 working days. The time needed to obtain an expert opinion for warranty claim is not counted into the period.

Warranty together with defect removal must be administered:
1) without any needless delay, at the latest 30 calendar days from the start date of the claim,
2) possibly in a longer term, on which the seller and buyer can agree on.

If the period for warranty claim expires the buyer has the same consumer protection rights as for any damaged product, which can not be cleared up according to the article 6 of this warranty system.
The company representative or him delegated person will accept the warranty claim, when the product is cleaned, dried-out and warranty claim evaluation is not obstructed with any other hygiene policies.


Article 2 – Place to claim warranty

In the company seat of the seller, or on any before personally settled meeting place. The buyer is obliged to prove that his warranty claim is legitimate, which means that beyond defect indication the buyer declares also a place, price of the product and indicative time of the goods purchase. The buyer can document this by a sale slip, warranty letter or by any other credible form.


Article 3 – Period for warranty claim placing

The seller is responsible that goods after their take-over by the buyer are in line with the purchase contract, even for defects, which appeared after the goods with warranty were taken-over by the buyer in the shop.

The period for warranty claim (warranty period) is 24 months from the actual take-over of the goods by the buyer. On the request of the buyer, the seller is obliged to issue a warranty letter with designated range and conditions for the warranty. If permitted, proof of sale of the product is sufficient. The right for warranty claim of the buyer expires when the right was not applied within the warranty period. The warranty claim must be applied without any needless delays right after the defect detection as the warranty must be correctly evaluated and processed.

The warranty period can not be commuted with the usual product life-time. That means a period during which by correct use and care, the goods according to their features, designated use and differences in the intensive wear can last.

If a warranty claim is processed by an exchange of defective product for a new one, the period for new warranty claim starts from a take-over of the new product by the buyer.


Article 4 – Conflict with the purchase contract

In case goods after their take-over by the buyer are not in accordance with the purchase contract the buyer has a right that the seller will fix the goods free of charge to correspond to original contractual agreement. When required by the buyer it can be done either by product exchange or by a product repair. In case such procedure is not possible the buyer has a right to request an adequate discount from the original product price or can back-out of the contract. This situation does not apply when the buyer before take-over of the product already knew about the discrepancy with the purchase contract or the discrepancy with the purchase contract was caused directly by the buyer.

If not proven otherwise and not in contradiction with the matter, the conflict with the purchase contract, which appears during first six months from the goods take-over is considered as existing even during the actual goods take-over.


Article 5 – Removable defects

As removable defects can be considered such defects, which by their removal, the look, function nor quality of the product would suffer from. The repair can be done correctly in the designated time period. The period for defect removal can not exceed 30 calendar days, possibly a longer period on which the seller and the buyer have agreed together. The defect character evaluation is after the seller.

The seller is obliged free of charge and without any needless delays to put things back together according to the original purchase agreement. This can be done either by buyer requiring exchange of the product if not concerning the case as disproportionate or by the product repair. If such procedure is not possible, the buyer has a right to claim an adequate discount on the product or back-out of the contract completely.

If the defect is removable on already used goods, the buyer has a right to ask for free of charge, timely and proper defect removal, while the seller has a responsibility to remove the defect immediately.

The period from placing the warranty claim until the final repair and hand-over to the buyer is not counted to the overall warranty period. The seller is obliged to issue the buyer a warranty slip. The slip details the time of warranty claim, range of performed repair and repair duration time.


Article 6 – Irremovable defects

As irremovable defects are considered such defects, which can not be taken out fully in the agreed period and which obstruct the proper use of the product.

If the defect is irremovable, the buyer can claim:
1) Change the product for new product without a defect,
2) Back-out of the contract, (the buyer returns the defective goods back and receives back the original purchase price in full).

If an another irremovable defect appears on a product, which does not obstruct its designated use and when the buyer does not claim the faulty product to be changed, the buyer has a right for an adequate discount on the product or can back-out of the contract. Besides the irremovable defects appearance, the same right possesses the buyer when the same removable defect appears again after two repairs or if at least three removable defects appear at once.


Article 7 – Goods sold for lower prices

Goods with defects (defective new goods or used goods), which do not obstruct the use to its designated purpose can be sold for lower prices. The buyer needs to be informed about a defective product and which defect it has in specific if not directly obvious from the character of the sale. For such defects on new or used products, where the lower price has been arranged, the seller is not responsible for. If a hidden defect appears on a product sold already for a lower price, which obstruct the proper use from the functional point of view, the buyer has a right for goods warranty according to articles 3, 4, 5 and 6 of this warranty system. When another defect appears on a product sold for lower price and the defect is irremovable, but does not obstruct the designated use, the buyer has a right for an adequate price discount on the product. For used goods the warranty period can be shortened to 12 months based on an assumption that the seller will agree with the buyer. The seller is obliged to state such fact in the purchase proof document of the product. If price of the product is lowered due to sale or after season sale and the goods are new without defects the seller is fully responsible for any defects on such goods sold.


Article 8 – Dispute resolution

In disputes originated in the warranty system the appropriate court decides. This warranty system comes into effect as of 1st of September 2006.

In Prague 1st of September 2006

 

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Company address:

VIXEN Czech Republic s.r.o.
Letohradská 501 / 16
170 00 Prague 7 / Holešovice
Czech Republic

Correspondence address:

VIXEN Czech Republic s.r.o.
Máchova 17 / Vinohrady
120 00 Prague 2
Czech Republic