COMPLAINTS PROCEDURE
1 Initial provisions
1.1 The Complaints Procedure is issued by PAPÍRNY BRNO a.s., Křenová 60, 656 97 Brno, Czech Republic, ID No: 49970933 (hereinafter referred to as the "Seller")
1.2 This Complaint Procedure contains information on the scope, conditions, and method of exercising the right arising from defective performance (hereinafter referred to as a "complaint") in connection with purchase contracts concluded between the Buyer and the Seller, together with the information on where the complaint can be filed.
2 Conditions and method of making a claim
2.1 The Buyer may submit a claim in writing via post to the Seller's registered office or via e-mail to reklamace@papbrno.cz. The Buyer shall prove the purchase of the claimed goods with a purchase document. The Buyer shall preferably use the sample form below, which is available to the claimant on the website of PAPÍRNY BRNO a.s., but it is not his/her obligation to do so. In order to speed up the complaint procedure, it is advisable for the Buyer to provide the following information:
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Organisation, contact person (phone, e-mail)
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Supplier's item code and/or internal item code
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Item name of the product being complained about
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Complained quantity (pcs)
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Supplier's order number
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Supplier's delivery note / invoice number
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Reason for complaint
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Photo documentation
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Customer's request
2.2 It is imperative that a claim is made without undue delay, as soon as the defect has been discovered. Any delay during the continued use of the goods may cause the defect to intensify, depreciate the goods, and it may be the reason for rejecting the claim.
2.3 The Buyer is obliged to inspect the goods upon delivery and to confirm its receipt in the delivery note or in a document of the forwarder replacing the delivery note (e.g. a waybill). The Buyer shall record any discrepancies in the goods (in their quality, quantity, packaging, etc.) detected immediately in the same documents (including the date of the record and the identification of the person who made the record (signature).
2.4 The Seller is obliged to provide the Buyer with a confirmation of when the Buyer exercised the right, what the content of the claim is, and what method of handling the claim the Buyer requires as well as a confirmation of the date and method of handling the claim, including the confirmation of the repair and its duration, or a written justification of the rejection of the claim.
2.5 The Buyer is obliged to provide the Seller with the necessary cooperation in returning the claimed goods or providing and handing over samples proving the defect of the goods.
2.6 The Seller shall decide on the claim within the shortest possible time, taking into account the complexity of the claim required for a professional assessment of the defect. The claim, including the removal of the defect, must be settled without undue delay, but no later than 30 days from the date of the claim, unless the Seller and the Buyer agree on a longer period.
2.7 Unless both parties agree otherwise, the basic prerequisite for the claim of non-conformities (defects) of the goods is the submission (delivery) of the entire quantity of the claimed goods in the original packaging, with the original identification marking of the packaging. and the goods themselves for assessment and its written notification to the Seller.
2.8 Claims made after the expiry of the warranty period or claims where the Buyer fails to provide the claimed product for examination or fails to provide the necessary assistance in resolving the claim, or where the date of manufacture cannot be identified, will not be accepted.
3 The scope of rights arising from defective performance
3.1 The rights and obligations of the Seller and the Buyer regarding the Seller's guarantee for the quality of the goods upon acceptance and the Buyer's rights arising from defective performance are governed by the relevant, generally binding regulations, particularly the provisions of section 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act").
3.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time when the Buyer accepted the goods:
a. have the characteristics agreed between the Seller and the Buyer and, in the absence of such an agreement, they have such characteristics as the Seller or the manufacturer described or the Buyer expected in view of the nature of the goods and on the basis of the advertising carried out by the Seller;
b. are fit for the purpose which the Seller states for their use or for which goods of that kind are usually used;
c. are of the appropriate quantity, measure or weight; and
d. comply with the requirements of the legislation.
3.3 A change in (a characteristic of) the goods which is due to wear and tear, misuse, inadequate or improper storage, natural changes in the materials from which the goods are made, any damage by the customer, or a third-party or other improper intervention shall not be deemed to be a defect.
3.4 If a defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
3.5 If the goods fail to have the characteristics set out in clause 3.2 above, the Buyer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to part of the goods delivered, the Buyer may only demand the replacement of the actually defective goods; if this is not possible, he/she may terminate the contract.
3.6 The Buyer is also entitled to the delivery of new goods or the replacement of their part in the case of a removable defect if he/she cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to terminate the purchase contract.
3.7 If the Buyer does not terminate the purchase contract or does not exercise the right to delivery of new goods without defects, to replacement of its parts, or to repair of the goods, he/she may demand a reasonable discount. The Buyer is also entitled to a reasonable discount if the Seller cannot deliver new goods without defects, replace a part of the goods, or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable period of time or if it would cause the Buyer considerable difficulties to remedy the defect.
3.8 The Buyer is not entitled to the right of defective performance if the Buyer knew that the goods were defective before accepting delivery or them the Buyer caused the defect.
3.9 The Seller only provides a guarantee to a Buyer who is not a consumer if this is expressly stated about the delivered goods. The warranty period for the Consumer-Buyer is 24 months for new goods.
3.10 If the defective performance is a substantial breach of contract, the Buyer has the right to:
a. have the defect removed by supplying a new item without defect or by supplying a missing item,
b. have the defect removed by repairing the item,
c. a reasonable discount from the purchase price, or
d. terminate from the contract.
3.11 The Buyer shall notify the Seller of the right he/she has chosen when notifying about the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested to have the defect repaired; if the Buyer fails to have the defect repaired, the Buyer may demand a reasonable discount from the purchase price instead of having the defect repaired, or he/she may teriminate the contract. If the Buyer fails to exercise his right in time, he/she shall have the rights under articles 3.12 to 3.14.
3.12 If the defective performance is an insubstantial breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount from the purchase price.
3.13 As long as the Buyer does not exercise the right to a discount from the purchase price or does not terminate the contract, the Seller may supply what is missing or remedy the legal defect. Other defects may be remedied by the Seller by choice by repairing the goods or supplying new goods; the choice must not cause unreasonable costs to the Buyer.
3.14 If the Seller fails or refuses to remedy the defect in time, the Buyer may demand a reduction in the purchase price or may terminate the contract. The buyer cannot change the choice made without the Seller's consent..
4. Final provisions
4.1 The Complaints Procedure has been drawn up in accordance with the sense of the Civil Code and the Consumer Protection Act.
4.2 Complaints are handled in accordance with this Complaints Procedure, the Civil Code, the Consumer Protection Act, and other relevant legislation.
The Complaint Form can be downloaded here.
