This Complaints Procedure regulates the method and conditions of claiming defects of goods purchased through the online store KULTURISTIKA.COM operated by our company
FITNESS TRADE s.r.o., with registered office at Pražská 369, Borek, 37367, Czech Republic
ID: 27923819
DIC: CZ27923819
registered in the Commercial Register kept at the Regional Court in České Budějovice
Delivery address: KULTURISTIKA.COM, Za Škodovkou 801/1, VGP Park B5, České Budějovice 37001
Telephone number: +420 723 216 216
Contact e-mail: info@kulturistika.com
Contact e-mail for complaints: reklamace@kulturistika.com
1. What defects are we responsible for?
As the seller, we are responsible for the fact that the goods are free from defects upon receipt. This means that the goods:
- has the characteristics that have been agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of the advertisement;
- it is in the appropriate quantity, measure or weight; and
- complies with the requirements of the law.
Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 20 days of receipt of the goods if you are a consumer.
If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
Consumers are also responsible for the fact that defects do not appear within the warranty period. If you are not a consumer, you are not covered by the quality guarantee. Article 2 applies only to consumers.
2. What is the warranty period?
For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface or in the documents accompanying the goods.
If the goods have a minimum durability date, the warranty period lasts until such date.
3. What rights do you have in respect of defective performance?
If, during the warranty period, a defect occurs in the goods that prevents the purchased product from being used properly and this defect can be rectified, you have the right to have it repaired free of charge.
In the case of a removable defect in a product that has not yet been used, you may request the replacement of the defective product with a faultless one or a reasonable discount on the purchase price instead of the removal of the defect.
In the case of a defect which cannot be removed and which prevents the goods from being properly used as non-defective goods, you have the right to a replacement of the goods, a reasonable discount on the purchase price or you have the right to withdraw from the purchase contract.
You also have the right to a reasonable discount if we are unable to supply you with a new item without defects, to replace a part of the item or to repair the item, or if we are unable to arrange a remedy within a reasonable time or if it would cause you considerable difficulty to arrange a remedy.
You do not have the right to withdraw from the contract or the right to demand the delivery of a new item if you cannot return the goods in the condition in which you received them (except in the cases set out in section 2110 of the Civil Code).
4. When rights under defective performance are not available
You are not entitled to rights of defective performance if:
- you were aware of the defect before taking delivery of the goods;
- you caused the defect yourself;
- the warranty period has expired.
Furthermore, the warranty and defect liability claims do not apply to:
wear and tear caused by use of the goods;
defects caused by improper use of the goods, failure to follow instructions, improper maintenance or improper storage.
For items sold at a lower price, we are not liable for the defect for which the lower price was agreed.
We are not liable for injury to persons or damage to property or goods caused by improper handling or misuse of the goods or negligence.
5. How to proceed with a claim?
You must file a claim with our company (or the person who is listed on the web interface as the person designated for repair) without undue delay after the defect has been discovered.
A claim can be made as follows:
- for the fastest way to initiate and resolve a claim, download this form (claim-form.pdf) in PDF format, fill it out, save it and send it to us at reklamace@kulturistika.com
- you can inform us in advance by phone, e-mail or in writing.
- deliver the claimed goods (other than by cash on delivery, which we do not accept) to our contact address (or to the address of the person designated for repair), to any of our premises. For the fastest processing of the claim, we recommend sending the goods to the contact address (see contacts for the warehouse address).
- When sending the goods, please wrap them in suitable packaging to prevent damage or destruction.
- It is advisable to enclose the proof of purchase or tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect (or how the defect manifests itself) and a proposal for the resolution of the complaint.
- Failure to submit any of the above documents shall not prevent the positive settlement of the claim in accordance with the statutory conditions.
- The moment when the claim is made is the moment when we are notified of the occurrence of the defect and the right of liability for defects in the sold item is exercised.
- Claims received by us shall be settled without undue delay, but no later than 30 days from the date of the claim, unless we agree otherwise. We will issue you with a written confirmation of the claim and its settlement.
- In the event of a disputed claim, we will decide on its acceptance within three working days from the date of the claim.
This Complaints Procedure is valid and effective from 24 June 2015.
