Complaints procedure

This is an English translation provided for information only. In the event of any dispute or discrepancy, the Czech version of these documents is binding.

The complaint rules form part of the terms and conditions (Articles 12 to 14); for clarity, we also set them out here.

12. Defects of goods and consumer rights

12.1 The seller is responsible for ensuring that, on receipt, the goods correspond to the agreed description, type, quantity, quality, functionality and other agreed characteristics, to the agreed purpose, and to the agreed accessories and instructions. They must also meet the usual requirements for use, durability and safety that can reasonably be expected, including relevant public statements. A deviation from the usual requirements is effective against the consumer only if the consumer was specifically informed of the particular deviation before the contract was concluded and expressly and separately accepted it.

12.2 The consumer may exercise rights in respect of a defect that becomes apparent within two years of receipt of the goods. If a defect becomes apparent during the first year, it is presumed to have existed at the time of receipt, unless the nature of the goods or of the defect precludes this. The period does not run for the time during which the consumer cannot use the goods as a result of a justifiably notified defect. Statutory rights cannot be curtailed by instructions, a guarantee card or a requirement to inspect the goods within 24 hours.

12.3 The consumer is first entitled to have the defect remedied and may choose repair or delivery of a new item, unless the chosen method is impossible or disproportionately costly compared with the other. The seller may refuse to remedy the defect only if remedy is impossible or disproportionately costly under the statutory conditions. The remedy will be provided free of charge, within a reasonable time and without significant inconvenience to the consumer, taking into account the nature and purpose of the product.

12.4 The consumer is entitled to a reasonable price reduction or to withdraw from the contract in particular if the seller has refused to remedy the defect or has not remedied it properly, the defect recurs, the defect constitutes a material breach of contract, or it is clear that the remedy will not be provided within a reasonable time or without significant inconvenience. It is not possible to withdraw from the contract because of an insignificant defect; there is a statutory presumption that a defect is not insignificant. Special rights where the complaint-handling period is exceeded are set out in Article 14.3.

12.5 To remedy the defect, the seller takes over the goods at its own expense. If, before the defect became apparent, the goods were properly installed in accordance with their nature and purpose, the seller arranges the necessary dismantling and reinstallation of the repaired or replacement product, or bears the associated costs under the statutory conditions. For large and permanently installed items, an inspection and an on-site solution are preferably agreed. The customer is also entitled to reimbursement of costs reasonably incurred in connection with a justified complaint, in accordance with the law.

12.6 Normal wear and tear corresponding to proper use and damage demonstrably caused after receipt by the customer, an independent third party or an external event for which the seller is not responsible do not constitute a defect. The specific cause of the defect is assessed. Incorrect installation is not a ground for rejection if it was carried out by the seller or by a person for whom the seller is responsible, or if the customer carried it out incorrectly because of defective instructions.

12.7 A quality guarantee is a voluntary commitment beyond the statutory rights and arises only if it has been expressly given in an offer, advertisement, contract or guarantee statement. The document states the guarantor, the product, the duration, the scope and the procedure for making a claim. The guarantee must not restrict the consumer’s statutory rights; the seller provides the consumer with the guarantee statement on a durable medium no later than on receipt of the goods. If a harmonised notice or label is required for a specific sale, the seller provides it in the prescribed form, clearly, before the contract is concluded. These terms do not themselves promise a separate commercial guarantee for all products.

13. Defects of services and purchases outside the consumer regime

13.1 The seller is liable for defects in installation, inspection, maintenance and other work in accordance with the relevant provisions of the Civil Code. Work is defective if it does not correspond to the contract. The customer notifies defects without undue delay after discovering them and allows them to be assessed. The rules for purchase contracts apply mutatis mutandis to rights arising from defects in work to the extent provided by law. For consumers, the procedural rules for complaints in Article 14 also apply.

13.2 For work, the periods for notifying defects are assessed according to its nature. The general rules on work provide for notification without undue delay and no later than two years from handover; for hidden defects in a structure, a special statutory regime applies, generally for no more than five years from acceptance. These provisions are not a quality guarantee and do not limit any more favourable rights of the consumer or liability for defects of which the contractor knew or must have known.

13.3 For customers who are not consumers, the purchase is governed in particular by § 2099 to § 2112 of the Civil Code. The seller is liable for defects existing at the time the risk of damage passes and for defects arising later that were caused by a breach of its obligation. A legal entity does not lose these statutory rights by not being a consumer.

13.4 A customer outside the consumer regime inspects the goods, where possible, as soon as possible after receipt and notifies defects without undue delay after discovering them or after the moment when they should have discovered them with due care. For hidden defects in a purchase, the statutory long-stop period applies, generally two years from delivery of the goods, subject to the relevant statutory exceptions. No mandatory 24-hour period or automatic extinction of all rights after its expiry is agreed.

13.5 The claims of a customer outside the consumer regime depend in particular on whether the defect constitutes a material or non-material breach of contract. The specific remedy procedure is agreed in accordance with the law. The consumer 30-day period for handling a complaint and the right to withdraw without giving a reason do not automatically apply to these customers. A commercial guarantee and special service periods apply only if they have been specifically agreed or otherwise effectively provided.

13.6 These terms do not exclude or limit liability for harm to a person’s natural rights, for intent or gross negligence, or any other liability that the law does not permit to be limited. The conditions of operation and maintenance do not constitute a general exemption of the seller from liability.

14. How to make a complaint and how it is handled

14.1 A complaint may be made by e-mail to sadlik@play4kids.cz, in writing to Slovenská 910, 685 01 Bučovice, or in person at the registered office or at another establishment where it may be accepted under the law. For bulky equipment, the customer describes the installation site; the seller agrees with them on an inspection or collection. The customer may use Annex 2. They state a description of the defect, contact details, the requested method of remedy and details enabling the purchase to be proven. The original receipt, a guarantee card or the original packaging is not a condition if the purchase and the subject of the complaint can be proven otherwise.

14.2 When a consumer complaint is made, the seller issues a written confirmation stating the date on which it was made, the content of the complaint, the requested method of handling and contact details for informing the customer of the outcome. The customer provides the cooperation necessary for assessment and remedy, in particular access to the installed equipment. The cooperation requested must be reasonable; it cannot be used to postpone the start of the period until a unilateral “approval” of the complaint.

14.3 A consumer complaint, including remedy of the defect, will be handled and the consumer informed of the outcome no later than 30 days from the day it was made, unless the parties expressly agree on a longer period for the specific complaint. No such agreement is contained in advance in these terms. If the statutory or agreed period expires to no avail, the consumer may withdraw from the contract or claim a reasonable price reduction. How the period runs if genuinely necessary cooperation is not provided is assessed in accordance with the law.

14.4 After the complaint has been handled, the seller issues a written confirmation of the date and method of handling, including confirmation of the repair carried out and its duration, or a written justification for rejection. A complaint is not rejected automatically because of a missing transport record, missing maintenance records or the mere intervention of a third party, without assessing its connection with the defect. The handling of the complaint does not limit the customer’s other statutory claims.

Annex 2 – Complaint form