based Usti nad Orlici, Nadrazni 540, Postal Code 562 01, Czech rep.
Identification number: 274 60 681
registered in the commercial register of the Regional Court in Hradec Kralove, Section C,
Insert 20241 (hereinafter referred to as "Seller")
This complaints procedure has been prepared in accordance in particular with the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Act no. 89/2012 Coll. the Civil Code as amended (the "Civil Code" ) and Act no. 634/1992 Coll. consumer Protection Act as amended (the "consumer Protection Act") and is an integral part of the Terms and Conditions of the seller.
Complaints procedure applies to the regulation of the rights of the defective performance and to guarantee for the quality of consumer goods purchased by the seller (hereinafter "goods").
The consumer buyer is a consumer person beyond his business or beyond his independent exercise of his profession enters into a contract with a seller or otherwise acts. The businessman as a buyer is consumer or legal person who acts in a business or commercial activity. Together hereinafter referred to as the "buyer".
The recommended procedure of the complaint
For the quickest settlement of the complaint we recommend you hand over goods (personally or by sending) to the store of the seller at address AirsoftGuns s.r.o., Druzstevni 1383, 562 06 Usti nad Orlici, Czech rep. (hereinafter referred to as "store") so that the defect can be reviewed. We also recommend to deliver the claimed goods together with all of the accessories which could be associated with a defect an accurate description of the defect or evidence of the defect which arises only sometimes contact information (phone, e-mail), rights specification which the purchaser wants to apply in the context of complaint, a copy of the sales receipt, and possibly the original warranty. In case of sending weapons by post or shipping service, we recommended to use the original box (including protective panels) which guarantees optimum security of goods during transport and properly insure the package. Do not use cash on delivery shipments because these packages can not be taken over by the seller. Our recommendations are not binding for the purchaser and his legal rights are not affected.
Rights of buyers
If the defect of goods blamed justifiably the period for exercising of the rights from defective performance or warranty period, the purchaser can not use the defective product. To buyer also includes compensation of costs incurred purposefully in the exercise of the rights from defective performance or warranties. Seller will issue written confirmation according to applicable legislation especially about when the Buyer has exercised the right as well as repair and its duration.
The buyer rights from defects are applied at the seller at which the goods were purchased. However if the warranty card is given to other person chosen to fix it, which is in the place for the seller or for the buyer closer, the buyer exercises the right for repair at those who are chosen to execute repairs. The person which is chosen for repair will repair within a period agreed between the seller and the buyer in the purchase.
Rights of defective performance
1) The goods are regarded as defective unless handed over to the buyer by the seller at the agreed quantity, quality and design. Unless the quality and performance agreed, the seller fulfills in the quality and design suitable for the purpose apparent from the contract or for the usual purpose. As a defect is considered as supplies of other goods or incomplete goods. As a defect is considered also mistakes in documents required for the use of the goods.
2) The buyer's right of defective performance constitutes defect which exists at transfer of risk of the damage to the buyer though it will appear later. Buyer's right will also establish the later formed defect which the seller caused by violation of their duties.
3) The buyer does not have rights of defective performance if it is a defect which the buyer must identifiy at inception with expending of thorough attention . This does not apply if the seller will expressively ensure the buyer that the goods are without defects or if the seller conceal the defect by deceitfulness.
4) The buyer shall inspect the goods as soon as possible after the transfer of risk of the damage from the seller to the buyer and make sure himself of his qualities and quantities. If the seller sends the goods the buyer can delay inspection until the goods arrive to the destination.
5) If a defective performance of a material breach of contract, the buyer has the right to remove defects by the delivery of a new goods without defects or delivery of the missing goods to eliminate defects by repair at a reasonable discount from the purchase price or withdraw from the contract.
6) The buyer shall notify the seller which right he wants to choose when notifying defects or without undue delay after notification of the defect. The selected choice the buyer can not change without the consent from the seller. This does not apply if the buyer ask for repairing of the defects which proves to be unrepairable. If the seller does not remove defects within a reasonable time or notify to the buyer that defects will not be removed, the buyer may require a reasonable discount from the purchase price or cancel the contract insead of repairing the defects. If the buyer does not choose the buyers's right on time then he has the rights as for defective performance which is irrelevant violation of the contract
7) If the defective performance is irrelevant violation of the contract the buyer has the right to remove defects or for a reasonable discount from the purchase price.
8) Until the buyer does not apply his right to reduce the purchase price or withdraws from the contract the seller can deliver what is missing or remove the legal defect. Other defects the seller may remove by his choice by repair or by delivery of new goods. Choice not cause unreasonable costs to the buyer.
9) If the seller does not remove defect from the goods on time or refuses to remove the defect, the buyer can ask for reduce purchase price or withdraw from the contract. The selected choice the buyer can not change without the consent from the seller.
10) The buyer can not withdraw from the contract or require the delivery of new goods if he can not to return it in the condition which he received it. This does not apply if there has been a change of goods condition as a result of inspections to detect defects of the goods if the buyer use goods before discovering defects he does not cause if the buyer can not to return goods in an unchanged condition or by omissions or if the buyer sold the goods before the discovery of defects if he consumed it or if he modified the goods during normal use, and when it happened so only at partially the buyer will return to seller what he still can to return and he give compensation to the seller up to the amount which should benefit from the use of the goods.
11) If the buyer has not reported the defect without undue delay after he could by a timely inspection and by adequate care to find out, he loses the rights of defective performance. The same applies for a hidden defect, if defect has not been notified without undue delay after the buyer can find it by sufficient care but no later than two years after delivery of the goods.
Quality guarantee (the "Guarantee")
1) The seller undertakes by guarantee, that the goods will be eligible to be used for the usual purpose or will retain the usual properties for a centrain period. These effects have also referred warranty period or useful life of goods on the packaging or in advertising. The guarantee can also be granted to an individual component of goods. The warranty can be agreed in the contract or can be taken by declaration from the warranty document. If in the contract is agreed the warranty period which is different from the warranty period specified on the package, will be applied what was agreed. If it is in the warranty certificate the warranty period longer than the time agreed or marked on the package, then a longer warranty will be applied. If in the contract and declaration of guarantee is a different warranty period then the longest warranty will be applied.
2) The defect covered by warranty, the buyer must apply at the seller without undue delay after he had the opportunity to inspect the subject of performance and identify the defect but no later than the claim period determined by the length warranty period.
3) The warranty period start from the handover of goods to the buyer, if the goods have been dispatched according to contract, the warranty period start from the obtaining of goods to the destination.
4) The buyer does not have the right to the guarantee if the defect was caused by an external event after the risk of damage from the goods to the buyer. This does not apply if the defect has been caused by the seller.
Additional provisions in the event that the buyer is solely a consumer
1) The seller is responsible to the consumer that the goods on delivery does not have defects. Especially the seller is responsible to the purchaser for the time when the buyer took over of goods, a) the qualities of goods are such as the parties have agreed, the absence of agreement, those properties which the seller or manufacturer has described or the buyer expect considering the nature of goods and basis of advertising carried out by them, b) the goods are fit for the purpose which the seller says or for the goods of the same type are normally used c) are the goods in the right quantity, proportions or weight and d) the goods comply with the legal requirements.
2) If defect will appear within six months after the takeover, it is assumed that the goods were defective at the time of takeover.
3) The buyer is entitled to exercise the right of defects which occur for consumer goods in the period of twenty four months from the takeover.
4) In the event that is on the goods for sold, on the packaging, in the instruction manual attached with the goods or in advertising, is in accordance with other laws is specify the period during which goods can be used, will be use the provisions of a guarantee for quality.
5) If the buyer will ask for it, the seller will confirm to the buyer by written form, for what extent and for how long does it take his duty in case of defective performance. The seller has the duty of defective performance at least to the extent to which is the duty of defective performance of the manufacturer. Unless limited by the nature of the goods can confirmation to be replaced by receipt of the purchase of goods containing the mentioned information.
6) Provisions of law of defective performance shall not be use: a) goods sold at a lower price at defect for which the lower price was agreed for, b) for the wear and tear of goods caused by its common use, c) in the case of already used goods corresponding to amount of wear, which goods already had upon receipt of the goods by the buyer, or d) where it is clear from the nature of the goods.
7) The period for exercising rights of defective performance is reduced to one year on the purchase of second-hand consumer goods.
8) Goods which do not have characteristics of goods specified in § 2161 of the Civil Code, the buyer can demand delivery of new goods without defects, if it is not disproportionate to the nature of the defect, but if the defect affects only the part of goods, the buyer can demand a replacement of the part. If it is not possible, he can withdraw from the contract. If it is disproportionate to the nature of the defect, especially if is possible to remove the defect without undue delay, the buyer has the right to remove the defect for free.
9) The right to delivery of new goods, or replacement of the part has a buyer in the case of irremovable defects if the goods can not be properly used for repeated occurrence of defect or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
10) If the buyer does not withdraw from the contract or if does not apply the right to deliver new goods without defects, for the replacement of components or to repair the goods can request a reasonable discount. The buyer has the right to an adequate discount, even if the seller can not to deliver new goods without defects, replace the part or repair the goods, as well as in the case if the seller does not make redress within a reasonable time, or if the redress will cause a great inconvenience to the consumer.
11) Law of defective performance does not apply for the buyer, if the buyer knows about defect of goods before the takeover of the goods, or if the buyer caused the defect by himself.
12) If the product has a defect for which the seller is obliged and in the case of goods with the lower selling price or second hand goods, the buyer has the right to an adequate discount instead of the right to exchange the goods.
13) Except cases where another person has been chosen, the seller is obliged to accept a claim at any store where is it possible to accept a claim with respect to assortment of selling goods or services provided, as well as at the base or place of business. The seller is obliged to give the consumer a written confirmation about date when the consumer exercised his right, what is the content of the complaint and what method of claim handling the consumer requests and also confirmation of the date and method of settlement of the claim including confirmation of repair and its duration or a written statement of reasons for refusal complaint. This duty also applies to other persons chosen to carry out repairs.
14) The Seller or the authorized officer will decide about the claim immediately, in complicated cases within three working days. This period does not include reasonable time depending on the type of product or services required for expert assessment of the defect. Claims including the removal of defects must be settled without undue delay within 30 days from the date of lodging a claim, unless the seller and the consumer does not agree on a longer period. Unnecessary expiry of that period is considered as a fundamental breach of contract.
15) Other rights of the buyer which is bound to purchase of the goods are not affected.
Non-recognition of the rights of the defective performance
The right of defective performance is not recognized especially in cases where the defect has been created by improper use, use contrary to the purpose of use of the product or instructions for use, overloading, unprofessional handling, unauthorized disassembly, improper or inadequate maintenance, mechanical damage, infiltration of water or some mechanical impurities, using different ammunition for weapons than is recommended by the seller, balls from companies BLS, Guarder, Marui of the prescribed weight or by using of used or in any way damaged or polluted ammunition. For gas weapons can not be recognize the right for weapons for which was used a different type of gas than the manufacturer intended. Right of defects does not cover wear and tear caused by normal use of the product or for routine maintenance, adjusting, cleaning, extrication of jammed ball and similar tasks. Furthermore, the right of the defects can not be accept for goods which has been used for the ambient temperature less than 10 °C (airsoft is the summer sport and weapons or accessories are not designed for use at low temperatures when materials become brittle, batteries become weak, gas tanks shrink, gas escapes and leads to irreversible damage to the goods). Regarding goods sold at a lower price the right does not apply to defects for which the lower price was agreed.
Invalidation of the guarantee for quality
Guarantee of quality provided by the seller to the buyer will not be accorded beyond the scope of guarantees agreed on the purchase of goods or in excess of the statement in the warranty.