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Complaints Procedure

COMPLAINTS PROCEDURE

Issued by the company UNCS a.s., with its registered office at Bečovská 1623 / 13a, Uhříněves, 104 00 Prague 10, Czech Republic, Company ID: 25738011, entered in the Commercial Register administered by the Municipal Court in Prague, Section B, Insert 5794.

I.

This Complaints Procedure regulate the procedure of the Seller, UNCS a. s. (hereinafter also referred to as the "Seller"), and the Buyer-Consumer in the complaint of Goods sold through the Seller's E-Shop and in the exercise of the Buyer's rights from defective performance.

This Complaints Procedure is an integral part of the General Terms and Conditions of Sale for the Seller's E-Shop and will apply to the sale of Goods through the Seller's E-Shop.

II.

Defect Prevention

The company UNCS a. s. recommends to its customers that before purchasing a particular type of Goods, they carefully consider the purpose for which they will use it and choose the Goods that are suitable for their intended intensity of use, as either improper or excessive use can cause irreparable defects for whom the Seller is not responsible.

Clothes:

To maintain the high quality of the Goods throughout their life, it is necessary that the Goods worn are the right size, used in accordance with the purpose for which they were made and properly maintained by gentle washing, use of appropriate cleaning and care products, proper drying, or to be handed over to a certified treatment plant for cleaning. The materials from which the Goods are made are specified on the product tag or in the enclosed leaflet, where recommendations for proper maintenance of the products can also be found.

Jewellery:

Jewellery should always be stored in a clean and dry place before going to bed, cleaning, sports, cooking, bathing, manual work, or other activities that could damage it. It is ideal to put on the jewellery just before leaving home and take it off immediately after coming home. Avoid contact of the jewellery with water or chemicals contained in, for example, detergents or even perfumes and body cosmetics. Avoid sharp bends on flat, pressed, rigid and ground chains. Store jewellery in a jewellery box, bag, or box with a delicate interior, preferably each separately.

 

Jewellery, especially its silver parts, should only be cleaned with solutions and textiles specially designed for this purpose according to their instructions for use, or handed over to a jewellery store for cleaning. If you need to modify or repair jewellery, you should contact an expert; do not apply brute force to jewellery.

 

To improve the final appearance and increase their durability, some jewellery, respectively their silver parts, are treated by galvanic operations (especially rhodium plating), yet the jewellery can respond to unsuitable environments by losing its lustre, colour, blackening of the surface, etc. Therefore, the jewellery must be protected by early storage from mechanical damage or chemicals. The blackening of silver can also occur due to a change in the pH of body sweat, so we recommend storing jewellery during increased physical activity or illness. Blackening is a natural process inherent in silver metal, which cannot be fully prevented during normal wear, it is not a manufacturing defect.

 

III.

Quality of Goods on Acceptance

The Seller is responsible to the Buyer for the fact that the sold item has no defects on acceptance. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the item, the item has the characteristics agreed upon by the parties and, in the absence of agreement, the characteristics described by the Seller or expected by the Buyer with regard to the nature of the Goods and that the item is suitable for the purpose stated by the Seller for its use or for which the item of this kind is usually used, that the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the contracted sample or model, that it is the item in the appropriate quantity, measure or weight and that the item complies with the requirements of the legislation.

IV.

Asserting Complaint  

The Buyer is entitled to exercise his/her right to assert a complaint concerning defect that occurs in the Goods within 24 months of such Goods’ receipt. Defect claim must be made without undue delay after a particular defect of the Goods is discovered.

Any defect claims may not be invoked if the defect of the Goods consists only of the wear and tear of the Goods’ item caused by its normal use, or if it follows from the nature of the Goods item. The rights arising from a defective performance do not belong to the Buyer in terms of their respective assertion, if the Buyer knew before accepting a particular Goods’ item that such item is defective, or if the Buyer himself/herself caused the defect, or if the defect was caused by an external event’s impact. In these cases, those are mainly defects caused by improper use contrary to the purpose for which the Goods are intended, as well as improper cleaning (in case of clothing use of incorrect or poor-quality detergent, non-compliance with the specified washing and drying procedure instructions, in case of jewellery unsuitable cleaning agent or cleaning procedure, etc.), insufficient maintenance, as well as due to incorrect intervention or damage by the user or a third party. As regards jewellery, there occur also mainly defects manifested by oxidation, blackening of silver, abrasion, rhodium plating, loss of material, scratches, tearing, bending of jewellery, deformation, stretching of eyelets, loss of part of jewellery, tearing of thread, breaking of stones or other materials used.

 

The Seller is not responsible for defects that occurred in the Goods after 24 months from such Goods’ receipt. In case of a defect claim lodged after the expiry of this period, the Buyer is under obligation to prove that defects in the Goods occurred before such period’s expiry.

 

If the defect becomes apparent within six months upon the Goods’ receipt, then according to the Civil Code, it is assumed that the affected item was defective at the time of its receipt. However, the Seller points out that it cannot be inferred from the previous sentence setting out the rules of the burden of proof in any court proceedings that any claim made during this period will automatically be recognized as justified. The claimed Goods will be duly examined, and if the Seller concludes that there is no defect able to incur any defect liability, the said provision does not prevent the rejection of the claim.

 

The Goods subject to defect claim procedure must be submitted clean, i.e., unused, or possibly washed, and generally hygienically faultless.

The Goods purchased through the E-Shop must be delivered at the Buyer's expense to the address: UNCS a. s., E-Shop, Bečovská 1623 / 13a, Uhříněves, 104 00 Prague 10, Czech Republic. To accelerate the process, it is recommended that the Buyer, together with the notification of the defect claim, also sends a copy of the invoice issued by the Seller and the completed complaint form, which can be downloaded here.

The Seller also accepts complaints about Goods purchased through the E-Shop in all its stores. A list of these stores is available on the E-Shop website at http://www.uncs.eu/prodejny.  Any complaints are not accepted in partner stores operated by the Seller's business partners. When making a complaint at the store, the Buyer is obliged to prove that he/she has purchased the claimed Goods in the UNCS a. s. E-Shop, preferably with a proof of purchase (invoice).

 

The Seller recommends to the Buyers to send the Goods for defect claim procedure by registered mail or in another way so that the shipment can be monitored during transport and that the shipment is insured. This prevents complications in the event of a delay or loss of the shipment during transport. The Goods must be suitably packed so that they cannot be damaged during transport.

 

When asserting complaint, the Buyer describes the defect of the Goods and selects the settlement of a claim from the defective performance. The Seller warns customers that the Goods sent for cash on delivery will not be accepted. The Seller is not obliged to accept for complaint Goods that were purchased from another person.

The Seller will confirm to the Buyer when he/she exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires.

The Seller decides on the complaint immediately, in some 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. The complete complaint will be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller agrees with the customer on a longer period. The expiration of this period in vain is considered a material breach of contract and the Buyer may in such a case assert any of the claims for defects, even if they did not belong to him by then.

 

The Seller will provide the Buyer with a confirmation of the settlement of the complaint and its duration, or a written justification for rejecting the complaint.

 

In case of a reasonable (justified) complaint, the period for exercising the rights arising from defective performance is extended by a period corresponding to the time as of filing a complaint until the moment of notification of its settlement.

 

If the complaint is settled by the exchange of defective Goods, the new 24-month period for the exchange of Goods for the exercise of rights from defects does not run, but the period according to the original purchase continues.

 

In case of a reasonable (justified) complaint, the Buyer has the right to reimbursement of the necessary costs, which he/she expediently incurred in exercising the rights from defects of the Goods; this right must be exercised by the Buyer vis-à-vis the Seller no later than one month after the expiry of the period for exercising the rights from defects.

 

Any possible decision to reject the complaint is final and will not be reviewed immediately, without tangible reasons, as the Seller has met all legal requirements regarding complaint settlement by assessing the complaint and communicating resulting opinion to the Buyer. If the Buyer still insists that his complaint was justified, the Seller can only recommend that he/she would turn to an independent forensic expert and obtain at his/her own expense an expert opinion determining the cause of damage to the Goods. Provided that such expert opinion would contain some conclusions leading to the possibility of reassessing the Buyer's complaint, the Seller will further deal with the Buyer’s complaint, or hand over its settlement to the legal department. Otherwise, let the Buyer consider the decision to reject the complaint to be final.

 

V.

Claims from Defects

If a defect involved is the one that can be eliminated, the Buyer has the right to have it eliminated free of charge, in a timely and proper manner, and the Seller is obliged to eliminate respective defect without undue delay.

Alternatively, in the event of a remediable defect, the Buyer may request a reasonable discount from the purchase price.

If this is not disproportionate due to the nature of the defect, the Buyer may request the delivery of a new Goods’ item without defects (replacement of the item), or if the defect concerns only a part of the item, replacement of the affected part. If the request to replace the item or its part is disproportionate due to the nature of the defect, especially if the defect can be eliminated without undue delay, the Buyer has the right to free elimination of respective defect (not to exchange the item or withdraw from the contract).

 

If the Buyer is entitled to exchange the item or its components, but such exchange is impossible (for example, if the Seller no longer has other pieces of Goods in stock), the Buyer may withdraw from the Purchase Contract.

The Buyer is entitled to a reasonable discount even if the Seller cannot eliminate the defect in the Goods, as well as if the Seller does not arrange a remedy within a reasonable time or that arranging a remedy would cause considerable difficulties to the Buyer.

 

 

In case of any remediable defect, if the Buyer cannot properly use the item for recurrence of the defect after repair or for a larger number of defects, the Buyer has the right to eliminate the defect or a reasonable discount from the purchase price but also the right to exchange item or withdraw from the Purchase Contract.

 

VI.

Final Provisions

This Complaints Procedure incorporates relevant provisions of the Czech Act No. 89/2012 Coll., The Civil Code, as amended, and the Czech Act No. 634/1992 Coll., Consumer Protection Act, as amended. The protection of the consumer's rights, which is provided to him/her by the provisions of the legal order, from which it is impossible to deviate by a contractual agreement, and which would otherwise apply in the absence of the choice of the Czech law, is not affected by this Complaint Procedure.

In case a consumer dispute arises between the Buyer and the Seller from the Purchase Contract, which cannot be resolved by mutual agreement, the Buyer may file a proposal for alternative dispute resolution of such dispute to a designated alternative dispute resolution entity, that is:

 

The Czech Trade Inspection Authority
Central Inspectorate – Section ADR
Štěpánská 15
120 00 Praha 2

Czech Republic

Email: adr@coi.cz
Web: adr.coi.cz

 

The Buyer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.

 

This Complaints Procedure becomes effective on December 29, 2020.

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