menu
my account
Search
Cart
en
CZK
0.00

Returns and Exchanges

Seller:

Naomithebrand s.r.o., ID: 19304196

with registered office at Školská 689/20, 110 00 Prague 1

company registered in the Commercial Register maintained by the Commercial Register Office in Prague, Section C, Insert No. 168462

Establishments designated to handle complaints:

Prague

Contact:

Tel: +420 731 881 838
E-mail: reklamace@naomi.cz

Article 1

Introductory provisions

  1. The Buyer's rights arising from defective performance (hereinafter referred to as "claims") must always be exercised in accordance with these Claims Procedure. Matters not regulated by these Complaint Rules shall be governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.
  2. This information is valid exclusively for persons concluding a purchase contract with the seller in the capacity of a consumer within the meaning of Section 419 of the Civil Code, i.e. as a person (natural person) acting outside the scope of their business activity or outside the scope of their independent exercise of their profession.
  3. The buyer is not entitled to the right of defective performance if the defect was caused by the buyer and the defect is not the wear and tear of the item caused by its normal use or, in the case of a used item, the wear and tear of the rate of its previous use.

Article 2

Making a claim

  1. The Buyer has the right to file a claim with the Seller at any of its above mentioned premises where the acceptance of the claim is possible with regard to the range of goods sold. Unless otherwise agreed and the Buyer will send the claimed goods by post, then it must be done to the address of SHOP TRADING, s.r.o. Nádražní 583, 513 01 Semily.
  2. Complaints can also be made online by filling in the complaint form on the website www.naomibymoni.com/reklamacni-rad/.
  3. The Seller shall ensure the presence of an employee authorized to receive complaints during all operating hours.
  4. The claim may also be filed with the person designated in the confirmation issued by the seller to the buyer, on the receipt or on the warranty card, if the designated person is at the seller's location or at a location closer to the buyer.
  5. The buyer is obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by submitting a sales document, confirmation of the seller's obligations from the defective performance of the warranty certificate, or in another credible way.
  6. If the exercise of the right to claim for defects should cause significant difficulties for the consumer, in particular because the item cannot be transported to the place of claim in the usual way, the seller shall assess the defect in agreement with the buyer either on the spot or in another way. In such a case, the buyer is obliged to provide the seller with the necessary assistance.
  7. The Seller is obliged to issue a written confirmation to the Buyer when the claim is made, stating the date on which the Buyer made the claim, the content of the claim, the method of handling the claim requested by the consumer and the contact details of the Buyer for the purpose of providing information on the handling of the claim.

Article 3

Time limit for exercising rights

  1. The buyer may complain about a defect that appears in the item within two years of its receipt. In the case of second-hand goods, the time limit for exercising rights on the basis of defective performance may be reduced to one year. The seller shall indicate such a reduction in the time limit in the certificate of defective performance obligations or on the sales document or in the purchase contract.
  2. The Buyer shall exercise his rights from defective performance without undue delay after he discovers that the goods are defective.The Seller shall not be liable for any increase in the extent of the damage if the Buyer uses the goods although he is aware of the defect. If the buyer asserts the defect against the seller rightfully, the time limit for asserting the rights of defective performance does not run for the period during which the goods are under repair and the buyer cannot use them.
  3. The time limit for the exercise of defect rights cannot be considered as a determination of the useful life of the goods, which varies with respect to the characteristics of the product, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.

Article 4

Complaint settlement

  1. The complaint, including the removal of the defect, must be processed and the consumer must be informed about it no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a physical medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the consumer requested it.
  2. After the time limit according to the previous paragraph has expired in vain, the consumer can withdraw from the contract or demand a reasonable discount.
  3. The seller is obliged to issue to the consumer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.
  4. The buyer is not entitled without the consent of the seller to change the once-selected method of settlement of the claim, except for the situation when the chosen method of solution cannot be carried out at all or in time.
  5. The buyer is obliged to take over the claimed goods within 30 days from the day the seller informed him about the possibility of taking over the goods. After this time, the seller is entitled to charge a reasonable storage fee. If the parties do not agree on its amount, the usual amount applies for the agreed amount.
  6. The buyer's claim will be rejected if he claims a defect that has already been pointed out in the past and for which a reasonable discount from the purchase price has been provided.

Article 5

Received Quality

  1. The seller declares that he hands over the goods to the buyer in accordance with 2161 of the Civil Code, i.e.:
  • the goods correspond to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
  • the goods are suitable for the purpose for which the buyer requires them and to which the seller has agreed,
  • the goods are delivered with the agreed accessories and instructions for use, including assembly or installation instructions.
  1. The seller responds to the buyer that in addition to the agreed properties:
  • the goods are suitable for the purpose for which a thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
  • the quantity, quality and other properties of the goods, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also taking into account public statements made by the seller or another person in the same contractual chain, in particular advertising or by marking,
  • the goods are supplied with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect,
  • the goods correspond in quality or design to the contracted sample or model that the seller provided to the buyer before the conclusion of the contract.
  1. The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or under his responsibility according to the contract. This also applies if the assembly or installation was carried out by the buyer and the defect occurred as a result of a deficiency in the instructions provided for it by the seller or the provider of the digital content or digital content service, if it is a thing with digital properties.
  2. In the event that the goods upon acceptance by the buyer do not meet the above requirements, i.e. has a defect, the buyer can request its removal. The buyer can, according to his choice, demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other. This is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer.
  3. The buyer may request a reasonable discount or withdraw from the contract if:
  • the seller refused to remove the defect or did not remove it in accordance with legal regulations,
  • the defect appears repeatedly,
  • is the defect a material breach of contract,
  • or it is apparent from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
  1. If the buyer withdraws from the contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves that he has sent the item.
  2. If a defect appears within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for a period during which the buyer cannot use the item, if he has justly complained about the defect.

Article 6

Quality Guarantee

  1. If the seller has provided a quality guarantee beyond the scope of his legal obligations, its application is governed by these complaints regulations, unless the confirmation of the seller's obligations from defective performance, the warranty certificate or the contract stipulates otherwise.

Article 7

Costs of claims and dispute resolution

  1. If the complaint is recognized as justified, the buyer has the right to reimbursement of purposefully incurred costs associated with the exercise of his right.
  2. In the event that the seller rejects the claim as unjustified, the buyer, or by agreement with the seller, both parties, can turn to a forensic expert in the field and request an independent expert assessment.
  3. The buyer, who is a consumer, has the right to an out-of-court settlement of a dispute from a consumer contract, if performance takes place on the territory of the Czech Republic; in other cases, only if the performance is related to business activities carried out in the territory of the Czech Republic. The entity authorized to resolve the dispute out of court is the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. Online Dispute Resolution Platform located at http://ec.europa.eu/consumers/odr   can be used to resolve disputes between the seller and the buyer from the purchase contract. More information is available on the website coi.cz.
  4. Out-of-court resolution of a consumer dispute according to 3 is initiated exclusively at the consumer's proposal. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

This complaint policy is effective from 1.7.2023

crosschevron-down
Shopping cart0
There are no products in the cart!
Continue shopping