Product Exchanges and Claims Policy for Consumers

This Product Exchanges and Claims Policy for Consumers (thereafter "Exchange Policy“) governs the way and conditions of a claim of defects for products bought by a consumer through the e-shop ONLINE-TEXTIL.COM of the entrepreneur:

• Kubale media s.r.o., based at Mlýnská 10, 334 01 Přeštice, Czech Republic
• Company ID: 11741287
• VAT registration number: CZ11741287
• registered: in the Commercial Register kept at the Regional Court in Pilsen, file number C 41094

postal address: Online-textil.com, Kubale media s.r.o., Mlýnská 10, 334 01 Přeštice, Czech Republic
telephone number: +420 731 181 022
e-mail: [email protected]

1. What defects are we responsible for?

1.1. As the seller, we are responsible for the product not having defects when received by the client. This means that the product, at delivery especially:

• has properties that we have agreed on, that we describe or that you could expect based on the nature of the products and based on advertising;
• is in the appropriate quantity, rate or weight;
• complies with legal requirements;
• fits the purpose which we state or for which the product is usually used;
• corresponds, in quality and workmanship with what has been agreed on by the seller and the buyer, or which is determined for the particular type of product by the valid and current legal requirements and
• does not have a legal defect, i.e. there are no property rights of any third person to the product and the product is equipped with the documentation necessary for the proper use of the product.

We are further responsible for ensuring that these defects will not occur during the warranty period. We do not offer any quality guarantee above the warranty period prescribed by law.

1.2. A difference in colour shades between reality and on electronic imaging devices cannot be considered a defect. Should the product not match your concept you have the right to withdraw from the Contract within 14 days since accepting the product in accordance with article 5 of the General Terms and Conditions for Consumers.

1.3. If the defect appears within six months after the acceptance of the product, it is as if it was defective at acceptance.

2. How long is the warranty?

2.1. The warranty period for unused consumer goods is twenty-four months after the acceptance unless a longer warranty period is stated on the Web Interface, in documentation added to the product or in advertising..

2.2. In case your product is exchanged or repaired, a new warranty period will not start for the new product or its exchanged parts and spare parts. The warranty period is extended in a case when you were not able to use the product due to the defect, e.g. especially for the period when the product was in service.

3. What are your rights based on faulty fulfilment?

3.1. Your rights as the buyer based on faulty fulfilment are governed by the Civil Code, particularly § 2099 to 2117. and also § 2165 to 2174.

3.2. In accordance with the provisions above you have the following rights in particular:

a) Adding of what is missing

If we deliver the product in a lower quantity than what was agreed on, or we deliver an incomplete product you have the right to an addition of what is missing.

b) Discount from the Price

If there is a defect on the product at acceptance or a defect appeared within the warranty period, you may always ask for an adequate discount from the purchasing Price.

c) The exchange of a product or a defective part of a product

You may always ask for an exchange of a product or a defective part unless it is disproportionate to the nature of the defect (e.g. mostly in cases when it is impossible to repair a product immediately) and if it is not only a non-significant breach of Contract.

The right for a product exchange does not apply to you in case only a part (component) is defective. If we conclude during the claim that only a component part of the product is defective then we will exchange only this component part.

You may not ask for an exchange if the product is sold at a lower price. You may ask for a discount of the Price instead.

d) Product repair

If it is possible to repair a product, you have the right for a free removal of a defect. Should it become apparent during the processing of the claim that we are not able to repair the product, we will inform you immediately and you may choose a different way of solving the claim.

e) Refund (withdrawal of Contract)

You may ask for a refund with the assumption that:

• delivery of a defective or incomplete product from us creates a significant breach of Contract; or
• we are not able to remove the defect due to which you can not use your product properly, or we are not able to exchange the product with this defect (e.g. this product is no longer produced); or
• the product cannot be properly used due to a repetitive occurrence of a defect after repairs (the occurrence of the same defect after at least two previous repairs); or
• a bigger number of defects appear on the product (a concurrent occurrence of at least three removable defects, from which every defect prevents the proper use of the product); or
• we do not keep the term of solving a claim/we do not remedy the situation within 30 days since the claim was applied.

3.3. A condition for the product exchange or refund (withdrawal from Contract) is that you return the product in the same way as you received it. This provision is not valid if:

a) the state of the product was changed as a result of an inspection carried out to find out the state of the defect;
b) you had used the product before the defect was discovered;
c) you did not cause the inability to return the product in an unchanged state by action or failure to act; or
d) you had sold the product before the defect was discovered, or consumed it, or changed the product by normal use; should it only have happened partially, the buyer will return to the seller whatever can be returned and will compensate in the amount in which he/she benefited from its use.

4. When is it impossible to exercise rights on faulty fulfilment?

4.1. The rights based on faulty fulfilment do not belong to you if :

• you have known about the defect before accepting the product;
• or have caused the defect himself/herself; or
• the warranty period has expired.

4.2. The claims of responsibility for defects also do not apply to:

• products worn out due to their normal use; or
• products sold at a discount price – only in relation to the defect for which the lower price was negotiated; or
• if it results from the nature of the product (in particular products that, based on their nature, cannot last the whole of its warranty period).

5. Claim procedure

5.1. Apply for a claim without unnecessary delay upon discovering the defect.

5.2. We accept claims in any of our shops, where an acceptance of a claim is possible with regard to the range of products offered, and in our seat.

If you are interested in repair of a product and the confirmation of the continuation of rights on faulty fulfilment (warranty certificate) lists a person responsible for the repair, you are obliged to apply the right with this person. This obligation exists only in when this person is located in the same place as we or in a place closer to you.

5.3. The recommended procedure for claims:

• for faster settlement, you may inform us about the claim in advance by telephone, e-mail or mail;
• it is also appropriate to inform us which right you have chosen, that is whether you are interested, in accordance with this policy, in addition of missing parts, a discount from the Price, exchange of product or its defective part, refund or other rights in accordance with this policy and the Civil Code.
• deliver the claimed product together with the claim itself or mail it (but using a different method than cash on delivery which we do not accept), to the address of the seat or a shop (or to the person designated for the repair), we recommend to package the product into an appropriate packaging so as not to damage or destroy it;
• in order to make the claim easier, it is recommended to add a receipt to the product being claimed, or a tax receipt - invoice, if it was issued, or another document that proves the purchase of the product, together with a description of the defect and a proposal for the solution of the claim.

Non-compliance with any of the abovementioned steps or failure to submit any of the abovementioned documents does not prevent a positive settlement of a claim according to legal conditions.

5.4. The moment of claim is the moment when the occurrence of the defect was reported to us and the right from responsibility for defects of a product sold was applied. 

5.5. We make an immediate decision about delivered claims, in more complicated cases within three business days. The period needed for an expert assessment of the defect does not count towards this period. A claim will be settled without unnecessary delay, within 30 days at the latest since the day the claim was applied, unless we agree on a longer period.

5.6. If you choose a right that cannot be, based on objective reasons, used (specifically for defects that are impossible to remove or in the case of a product exchange that is not possible), we will contact you immediately. In this case, you may choose a different right in accordance with this Claim Policy.

5.7. We will issue a written confirmation of a claim stating when you applied the claim, what is the content of the claim and which method of settlement you prefer.  Further, we will (after the settlement) issue you a confirmation of a date and a method of case settlement including a confirmation of repairs and its term, or a written justification for refusing a claim.

5.8. In accordance with the Civil Code, the buyer has the right to compensation of costs associated with the claiming of the product. The buyer accepts that the right to compensation of these costs has to be applied within one month of the end of the period when a defect can be reported.

This Product Exchanges and Claims Policy for Consumers is valid and in force as of 28 October 2021.