1. General Provision
1.1. This complaint procedure is issued by AviationMike s.r.o., with its registered office at Jaurisova 515/4 Prague 4 140 00, entered in the Commercial Register kept by the Municipal Court in Prague, org.ID number: 08900141, tel. +420 728 315 533, email: Info@aviationmike.com (hereinafter referred to as the "Seller").
1.2. This complaint procedure contains information on the scope, conditions and manner of exercising the right from defective performance (hereinafter referred to as "complaints") in connection with purchase contracts concluded between the customer and the Seller, together with information on where complaints can be lodged.
2. Conditions and method of claim
2.1. The customer can file a complaint at the address Jaurisova 515/4 Prague 4 140 00
2.2. The customer files a complaint, by mail at Jaurisova 515/4 Prague 4 140 00, or by email at Info@aviationmike.com. The customer proves the purchase of the claimed goods with a purchase document.
2.3. Complaints must be made without undue delay as soon as the defect has occurred. Any delay in the continued use of the goods may cause a deepening of the defect, deterioration of the goods and may be a reason for rejecting the complaint.
2.4. A complaint shall be deemed to have been duly lodged if the general principle of hygiene does not prevent the complaint. The customer is obliged to submit the claimed goods cleaned and free of all impurities. The seller is entitled to refuse to take over for complaint proceedings goods that will not meet the above principles of general hygiene (especially decree No. 91/1984 Coll. On measures against transmitted diseases)
2.5. The Seller is obliged to issue a written confirmation to the customer when the customer has exercised the right, what is the content of the complaint and what method of handling of the complaint customer requires; and further confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.
2.6. The Seller or an employee authorized by him shall decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaint, including the elimination of defects, must be settled without undue delay, no later than 30 days from the date of complaint, unless the Seller agrees with the consumer on a longer period. The expiration of this period in vain is considered a material breach of contract.
3. Scope of rights from defective performance
3.1. The rights and obligations of the Seller and the customer regarding the Seller's guarantee for the quality of goods upon acceptance and the customer's rights from defective performance are governed by relevant generally binding regulations (especially the provisions of § 2161 et seq. Of Act No. 89/2012 Coll. “) And Act No. 634/1992 Coll., On Consumer Protection (hereinafter referred to as the “Consumer Protection Act”).
3.2. The seller is responsible to the customer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the customer that at the time when the customer took over the goods:
- the goods have the properties agreed between the Seller and the customer and, in the absence of an agreement, the properties described by the Seller or the manufacturer or which the customer expected with regard to the nature of the goods and on the basis of advertising made by them,
- the goods are suitable for the purpose stated by the Seller for its use or for which goods of this type are usually used,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with the requirements of legal regulations.
3.3. As a defect cannot be considered a change in (properties) of the goods resulting from wear, misuse, insufficient or improper maintenance, natural changes in the materials from which the goods are made, any damage by the customer or a third party, or other improper intervention.
3.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
3.5. If the goods do not have the characteristics set out in Article 3.2 above, the customer may also request the delivery of new goods without defects, unless this is disproportionate due to the nature of the defect, but if the defect concerns only part of the item, the customer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the customer has the right to free removal of the defect.
3.6. The customer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the thing properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the customer also has the right to withdraw from the purchase agreement.
3.7. If the customer does not withdraw from the purchase contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The Customer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant inconvenience to the customer.
3.8. The customer is not entitled to the right from defective performance if the customer knew before taking over the goods that the goods were defective, or if the customer himself caused the defect.
3.9. The customer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months from receipt of the goods (except as provided in Article 3.8 below). This does not apply:
- for goods sold at a lower price for a defect for which a lower price has been agreed,
- wear and tear of the goods caused by their normal use, or
- if it follows from the nature of the matter.
3.10. If the defective performance is a material breach of contract, the customer has the right to:
- to eliminate the defect by delivering a new item without a defect or by delivering a missing item,
- to eliminate the defect by repairing the item,
- at a reasonable discount from the purchase price, or
- withdraw from the contract.
3.11. The Customer shall inform the Seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The customer cannot change the choice made without the consent of the Seller; this does not apply if the customer has requested the repair of a defect which proves to be irreparable. If the Seller does not eliminate the defects within a reasonable time or notifies the customer that it will not eliminate the defects, the customer may request a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the customer does not choose his right in time, he has the rights according to Articles 3.12 to 3.14.
3.12. If the defective performance is an insignificant breach of contract, the customer has the right to eliminate the defect or to a reasonable discount on the purchase price.
3.13. Until the customer exercises the right to a discount on the purchase price or withdraws from the contract, the Seller may deliver what is missing or eliminate the legal defect. Other defects may be removed by the Seller at its option by repairing the goods or by delivering new goods; the choice must not impose disproportionate costs on the customer.
3.14. If the Seller does not remove the defect of the goods in time or refuses to eliminate the defect, the customer may request a discount on the purchase price or may withdraw from the contract. The customer cannot change the choice made without the consent of the Seller.
4. Final provisions
4.1. The Complaints Procedure has been prepared in accordance with the Civil Code and the Consumer Protection Act.
4.2. Complaints are handled in accordance with these Complaints Rules, the Civil Code, the Consumer Protection Act and other relevant legal regulations.
4.3. These Complaints Rules come into force and effect on 1.1.2021