Complaints and Forms
1. Important paragraphs according to which the complaint is processed:
Rights arising from defective performance are governed by applicable laws and regulations, especially the provisions of § 1914 to 1925, § 2099 to 2112 and for Consumers also § 2161 to 2174 NOZ. The rights under the warranty are governed in particular by the provisions of Sections 2113 to 2117 of the CCC and for Consumers Sections 2161 to 2164 of the CCC.
2. Defects for which we are responsible:
As a Seller, we are responsible for ensuring that the goods are free of defects upon receipt. If you are a Consumer, then if the defect manifests itself within 6 months of receipt, it is considered that the item was defective at the time of receipt. We are also responsible to the consumer for the fact that defects do not occur during the warranty period, which is 24 months from receipt of the goods, unless otherwise stated on the goods. If you are not a Consumer, we are only liable to you for defects in the goods upon receipt. Please note that when comparing the delivered goods, there may be a slight difference in the color of the delivered goods compared to the color or structure of the material, as it appears on a computer, tablet or mobile phone monitor, due to the different resolution of the monitors. Therefore, such a small deviation is not a reason for a complaint.
3. What claims can you make in the event of a defect in the goods?
A. If you are a Consumer:
- • This is a remediable defect and if it is not disproportionate (ie especially if the defect can be remedied without undue delay), you are entitled to free removal of the defect.
- • It is a remediable defect, but it occurs repeatedly even after repair or there are a large number of defects and therefore the goods can not be used properly, you are entitled to delivery of a new item (or a new part if the defect concerns only part of the item ) or you may withdraw from the Agreement. If you do not use any of the claims or it would be disproportionate to the nature and extent of the defect to claim withdrawal from the Contract or delivery of a new item (ie it would not be a defect that is a material breach of the Contract), you can claim a reasonable discount on the purchase price. li>
- • This is an irreparable defect, which is a material breach of the Contract, you are entitled to the delivery of a new item or you can withdraw from the Contract. If you do not want to use any of these claims, you have the right to request a reasonable discount on the purchase price. In the event of a minor breach of the Agreement, you are entitled to a discount on the purchase price.
- • If it is not possible to deliver a new item instead of the original defective one, or if we do not arrange a remedy within a reasonable time or would arise considerable difficulties in arranging a remedy, you also have the right to claim a reasonable discount on the purchase price.
let us know without undue delay after notification of the defect.
B. If you are not a Consumer:
If the defect of the goods is a material breach of the Contract (ie if you knew about such a defect in advance, you would not want to buy the goods at all), you can choose between the following claims:
- • Fix the bug by fixing it.
- • Delivery of a new item without defects,
- • A reasonable discount on the purchase price.
- • withdrawal from the Contract.
The choice of claim must be communicated to us without undue delay after notification of the defect, otherwise you have the rights only as in the case of a minor breach of the Contract. Exceptions are situations where you would request the elimination of the defect and we did not eliminate the defect within a reasonable time or we would immediately inform you that we will not repair the defect. In such cases, you may request a reasonable discount on the purchase price or withdraw from the Agreement instead of eliminating the defect.
If the defect is a minor breach of contract, you may choose between these claims
- • Fix the bug by fixing it.
- • A reasonable discount on the purchase price.
If you choose to rectify the defect and we are unable to do so in time or refuse to repair the defect, you can request a discount on the purchase price or withdraw from the Agreement.
Please note it is possible to change the choice of claim made without our consent.
4. When do the rights from the defective performance not belong to the Buyer (even if he is the Consumer)?
The rights from the defective performance do not belong to you:
- • if you knew before taking over the goods that the goods were defective, or if you caused the defect yourself,
- • in the event of defects caused by improper use,
- • for an item sold at a lower price for a defect for which a lower price has been agreed,
- • when a thing wears out due to its normal use
- • for a used item for a defect corresponding to the degree of use or wear and tear that the item had at the time you took it over,
- • if it follows from the nature of the thing (typically goods used for single use by the Buyer already used),
- • in the event of a late claim.
5. Making a complaint:
File a complaint with us without undue delay after finding defects. If you file a defect within the complaint period, but only later than you could find it (typically if you claim a defect that is easily detectable immediately after delivery until the end of the complaint period), you may lose the choice between claims or in the case of court The court would not have to grant a claim if we object to the late filing of a complaint.
You can also inform us about the complaint in advance by e-mail or directly by filling in the complaint protocol on the web interface. Complaints made by e-mail can be made both in a "free form" and by filling in a complaint protocol, which please prefer. If you attach an invoice or other proof of purchase to the complaint, always state the description of the claimed defect and a proposal for resolving the complaint (claim). We will handle the complaint without undue delay, within 30 days at the latest, unless we expressly agree otherwise. We will provide you with a written confirmation of the claim and settlement of the complaint. If, based on your order, the goods are delivered via a carrier, we ask you to inspect the consignment in the presence of the carrier and in the event of damage to the consignment for a complaint directly to the carrier. The carrier will then write a report with the consignee on the detected defect and the shipment will be delivered back to the sender. As a Buyer, you are entitled to refuse to accept a shipment that is not in accordance with the Contract by the fact that the shipment is, for example, incomplete or damaged. If you take over such a damaged shipment from the carrier, it is necessary to describe the damage in the handover protocol of the carrier. Incomplete or damaged shipment must be reported immediately by e-mail to the address: firstname.lastname@example.org, write a damage report with the carrier and send it to us without undue delay by e-mail or post. An additional claim for incompleteness or external damage to the shipment gives us the opportunity to prove that this is not a breach of the Contract.
Do not send the claimed goods back before making a claim. Please wait until we get back to you and agree on whether it will be necessary to send the goods back at all. In a specific case, the complaint can be resolved only on the basis of the sent photo or video documentation, especially in the case of a minor defect, which would be resolved by providing a discount. If a personal inspection of the goods by us will be necessary for the assessment of the complaint, we will agree whether you will send the goods back yourself or if we will arrange them or we will come to see the goods directly to you. If we suggest sending back, we will also give you information about the appropriate method of packaging for transport and a suitable carrier.