issued by the company UNCLE SAM a. s., Company ID: 25738011, having seat and registered office at Koněvova 136/1704, 130 00 Praha 3, Czech Republic, registered in the Commercial Register administered by the Municipal Court in Prague, Section B, File No. 5794
The Complaints Procedure governs the relationship of the seller – UNCLE SAM a. s. – and the buyer – consumer in reclaiming the goods such as sold through the seller’s e-shop and in exercise of the buyer’s rights deemed arising from defective performance.
The Complaints Procedure is an integral part of the commercial conditions and terms for e-commerce of the seller and applies to the sale of goods via the seller’s e-shop.
Prevention of Defects Origination
The seller – UNCLE SAM a. s. – recommends to its customers to thoroughly assess the goods in advance of such goods’ purchase namely from the viewpoint of such goods’ intended use so that the customers can select the goods destined for their required intensity of use, as improper or excessive use can cause unrecoverable defects, for which the seller bears no liability.
In order to maintain the high quality of goods throughout the life thereof it is necessary that goods to be worn had the right size, was used in accordance with the purpose for which it was produced, and has been properly maintained by caring washing and the use of appropriate cleaning and caring resources, or to be handed over to certified dry cleaners for cleaning. The materials from which the goods are manufactured are specified on the product label or in the accompanying leaflet, where you can also find recommendations for the product’s proper maintenance.
Quality of Goods on Acceptance
The seller is responsible to the buyer for ensuring that goods subject to sale are free from any defects on their acceptance. In particular, the seller is responsible to the buyer that the goods at the moment when accepted by the buyer have properties such as agreed upon between the parties, or if such agreement is absent, such properties that the seller described or that the buyer expected with view to the goods features, as well as advertising performed, that the goods are apt for the purpose stipulated by the seller or for the purpose, which such goods are normally used for, that the goods are in conformity with agreed upon sample or pattern in terms of their quality or shape, if such quality or shape was determined in accordance with agreed upon sample or pattern, that the goods are delivered in appropriate quantity, amount or weight, and that the goods are in conformity with all requirements such as stipulated in applicable laws and regulations.
In case the goods defect occurs within 6 (six) months upon the acceptance, such defect is deemed to have been occurring already on the goods’ acceptance.
File a Complaint
The buyer is entitled to pursue its rights arising from defective goods within 24 (twenty-four) months upon the acceptance of goods. A complaint needs to be filed without any unreasonable delay after a respective defect is identified.
No complaints can be filed if the goods are subject to normal wear and tear resulting from standard use of the goods or from the goods substance. The buyer is not entitled to pursue any rights resulting from defective performance if the buyer knew the goods are defective before their acceptance, if the buyer itself caused such respective defect or if such defect had been caused by the external force impact. The defects emerging in these cases are mainly defects caused by an improper use contradictory to the purpose, for which the goods are destined, and further the defects resulting from unprofessional cleaning, or inappropriate maintenance, etc.
The goods subject to complaint must be clean, i.e. unused or washed and, in general, free from any hygienic defects.
The goods subject to complaint, which was purchased via the e-shop needs to be delivered at the buyer’s cost to the following address: UNCLE SAM a. s., e-shop, Koněvova 136, 130 00 Praha 3, Czech Republic. To expedite the process, it is recommended that the buyer together with the defect notice sent the copy of invoice issued by the seller.
The seller accepts the complaints concerning the goods purchased via the e-shop also in all of its stores. The list of such shops is available at the e-shop website at http://www.uncs.eu/en/sts. The complaints are not accepted in any partner stores, i.e. the stores operated by the seller’s business partners. Whilst filing the complaint in the seller’s store, the buyer is obliged to provide evidence that the goods subject to complaint have been purchased via the e-shop of UNCLE SAM a. s., to the best by the purchase receipt (invoice).
The seller’s recommendation to the buyers is that they should send the goods subject to complaint via certified mail or otherwise so that it is possible to monitor the progress in transport of any such particular consignment, as well as to have it adequately insured. This prevents any difficulties in case of delay or loss of goods in transit.
When filing complaint, the buyer has to describe the goods’ defect and stipulate required remedy. The seller warns the customers that the goods sent for complaint procedure under the COD (Cash-on-Delivery) scheme will be rejected.
The seller is to provide the buyer with confirmation, as to the date of respective complaint’s receipt, what is respective complaint’s content and what complaint’s settlement is requested by the buyer.
The seller is to decide on complaint immediately, in complicated cases within 3 (three) working days. The above three-day deadline does not include any time period deemed necessary for the expert assessment of claimed defect such as appropriate pursuant to the kind of product or the type of service. The total complaint will be settled without any unreasonable delay, at the latest within 30 (thirty) days as of the date of respective complaint’s receipt, unless the seller and the buyer are in agreement regarding a longer deadline. The vain expiry of the aforesaid period will be deemed a material breach of the purchase contract, and the buyer can apply in this case any of the defect claims, even if they have not become applicable for it so far.
In case when the buyer’s complaint was reasonable (justified), the buyer is entitled to reimbursement of necessary expenses to have been reasonably incurred in the exercise of the buyer’s rights arising from defective goods.
Claims from Defects
In case of defect that can be eliminated, the buyer is entitled such defect is eliminated free of charge, in time and duly, and the seller is obliged to eliminate such defect without any unreasonable delay.
Alternatively, the buyer may in case of removable defect request an appropriate discount from the purchase price.
If not viewed disproportionate with regards to claimed defect features, the buyer may request replacement of defective goods item or, in case when only a part of defective goods item is affected, a replacement of such part. Provided such requests concerning replacement of the defective goods item or the defective part thereof is deemed disproportionate with view to the defect’s features, in particular if such defect can be eliminated without any unreasonable delay, the buyer is entitled to free of charge elimination of claimed defect.
Provided the buyer is entitled to replacement of defective goods item or a part thereof, but such replacement cannot be performed (for example if the seller has no such goods in stock any longer), the buyer is entitled to withdraw from the existing purchase contract.
The buyer is entitled to adequate discount also in case when the seller cannot eliminate defect in the gods item, as well as in case when the seller is unable to provide the buyer with remedy in adequate period of time or in case when such remedy could cause a considerable difficulties to the seller.
In case of removable defect, if the buyer is unable to duly use the goods due to repeated occurrence of defect after its repair, or due to numerous defects, then the buyer has, in addition to the right for defect removal or for an adequate discount from the purchase price, also the right for replacement of respective goods item or for withdrawal from the purchase contract.
In case of vain expiry of the deadline for filed claim settlement, the buyer is, besides the elimination of defect or adequate discount from the purchase price, also entitled to replacement of the affected goods item or withdrawal from the purchase contract.
This Complaints Procedure incorporates relevant provisions of the Act No. 89/2012 Coll., Civil Code, and the Act No. 634/1992 Coll., on protection of consumer, as amended.
Any consumer rights deemed possibly guaranteed to the buyer by any foreign legislature, such as applicable at the buyer’s domicile, provided such venue is at the same time a place where the goods can be delivered to, remain unaffected by this Complaints Procedure.
Any pertinent disputes between any particular Buyer and the Seller can be resolved out-of-court, for example through the Czech Trade Inspection proceedings or by virtue of a platform for online dispute resolutions such as created by the European Commission. More information on alternative out-of-court dispute resolution can be found on the respective website of each named entity through appropriate links. Nevertheless, the Buyers are kindly requested to contact the Seller directly with regards to any possible dispute before proceeding towards any selected extrajudicial dispute resolution, for example at the Seller’s e-mail address firstname.lastname@example.org.
This Complaints Procedure becomes effective on the 1st May 2016.