of UNCLE SAM a.s., joint-stock company, business ID: 25738011, with registered offices at Prague 3, Koněvova 136/1704, post/zip code 130 00, company entered in the Commercial Register maintained by the Municipal Court in Prague, Section B, File no 5794
This Complaints Procedure defines the procedure of the seller, the joint-stock company UNCLE SAM a.s., and the buyer - consumer in the case of complaint concerning goods sold via the e-shop of the seller and the right of the buyer to apply consumer rights following from defective supply.
This Complaints Procedure forms an integral part of the Business Terms and Conditions for Electronic Shop of the Seller and shall apply to the goods sale via the e-shop of the seller.
UNCLE SAM a.s. recommends its customers to carefully consider the purpose which the purchased goods will be used for and to select goods fit for the required usage intensity, for inappropriate or excessive use may cause irreparable damage which the seller is not responsible for.
To keep the high quality of the goods throughout their useful life the worn goods must be of the correct size, must be used for the purpose for which they were made and must be duly maintained by friendly washing and use of appropriate washing and care products or by dry-cleaning in a recognized dry-cleaner´s. the materials used for the goods manufacture are specified on the goods label or in the attached leaflet where recommendations for proper product maintenance may also be found.
Goods Quality on Takeover
The seller is responsible to the buyer for delivery of faultless goods. The seller is primarily responsible for properties of the product agreed between the parties at the time of its takeover by the buyer, and in the case of missing agreement to that effect, properties described by the seller or expected by the buyer regarding the nature of the goods and its advertising by the seller, and further that the product is fit for the purpose declared by the seller or usual for a thing of this kind, that the product quality or embodiment corresponds to the agreed sample or model, that the quantity, scope or weight of the goods are as ordered, and that the product complies with the applicable legislation.
In the case of a defect manifested within six months from the goods takeover the product shall be deemed defected on takeover.
The buyer shall be entitled to apply its right related to defective goods within 24 months from the goods takeover. The complaint must be filed without undue delay after discovery of the defect.
The right to complaint does not apply to ordinary wear or wear following form the nature of the thing. The right to complaint does not apply to defects which the buyer was aware of when purchasing the product, defects caused by the buyer or by external circumstances. This mainly applies to defects caused by incorrect use, use for a purpose other than for which he goods are designed, and further to defects as a consequence of unprofessional cleaning, insufficient maintenance etc.
The goods must be submitted for complaint clean, unused or washed and without any other hygienic faults.
For complaint filing the goods must be delivered at the cost of the buyer to the address UNCLE SAM a.s., e-shop, Bečovská 1623/13a, Prague 22, post/zip code 104 00. To speed up the process the buyer is advised to attach a copy of the invoice issued by the seller to the complaint.
The seller recommends the buyers to send the goods for the purpose of complaint by registered mail or in another manner permitting return delivery monitoring and insurance. This may prevent complications in case of the consignment loss or delay during transport.
The complaint must include a description of the defect and the claim following from the defective supply opted for by the buyer. The seller warns the customers that goods sent for the purpose of complaint by the cash-on-delivery method shall not be taken over.
The seller shall confirm to the buyer the time of the complaint filing, the complaint content and the complaint settlement method required by the buyer.
The seller shall decide about the complaint right away, or in complex cases in three work days. This deadline does not include the time needed for the defect assessment, which depends on the product or service type concerned. The complaint shall be settled without undue delay, but no later than in 30 days from the date of tits filing, unless a longer deadline is agreed between the seller and the buyer. Vain elapse of this deadline shall be deemed substantial breach of the contract and the buyer may apply any claim for defect until that moment not belonging to them.
In the case of a justified complaint the buyer shall be entitled for compensation of necessary costs purposefully incurred for the purpose of application of their rights from the goods defect.
Claims Following from Defective Supply
If the defect is repairable the buyer shall be entitled for free, timely and proper repair and the seller shall be liable to repair the goods without undue delay.
Or the buyer may request adequate discount form the purchase price in the case of a repairable defect.
If not disproportional considering the nature of the defect the buyer may request delivery of a new, faultless product (product replacement), or its part in the case of a defective product part. If the request for replacement of a product or its part is disproportional to the nature of the defect, especially if the defect can be repaired without undue delay, the buyer shall only be entitled for free repair of the defect.
If the buyer´s right to replacement is duly constituted butt he replacement is not possible (the seller does not have any further pieces of the product available for disposal) the buyer may withdraw from the purchase contract.
The buyer shall also be entitled for an adequate discount if the seller cannot repair the defect or does not repair it within an appropriate deadline or if the repair might cause considerable problems to the buyer.
In the case of a repeated repairable defect or a large number of defects preventing proper use of the product by the buyer the rights of the buyer, in addition to free repair of the defect or adequate discount from the purchase price, shall also include product replacement or purchase contract withdrawal.
in the case of vain elapse of the deadline for complaint settlement the rights of the buyer, in addition to free repair of the defect or adequate discount from the purchase price, shall also include product replacement or purchase contract withdrawal.
This Complaints Procedure incorporates the applicable provisions of Act no 89/2012 Coll., the Civil Code, and Act no 634/1992 Coll., on consumer protection, as amended. Consumer rights potentially guaranteed by foreign legislation of the country of usual residence of the buyer, if it is at the same time the place where the gods may be delivered, are not touched hereby.
Potential disputes between the seller and the buyer may be settled by an out-of-court proceeding through the Czech Trade Inspection Authority. For more information about out-of-court dispute settlement with the help of this authority see the web site of the entity https://adr.coi.cz/cs. The seller recommends to the buyer to address the seller directly with a potential dispute or complaint before resorting to out-of-court dispute settlement, for example in person in the seller´s facility or via the e-mail address of the seller email@example.com.
This Complaints Procedure comes to effect on 12 May 2016.