This complaints procedure has been prepared in accordance with Act No. 513/1991 Coll., Commercial Code, Act No. 40/1964 Coll., Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, in the valid wording. It applies to goods purchased in our online store, where the buyer's rights regarding liability for defects are properly enforced during the warranty period. The seller is the legal entity Ariana Sports s.r.o., ID: 62584383, with its registered office at Roztylské nám. 2619/46, ZIP Code 141 00, Prague 4. By accepting the goods from the seller or receiving the goods at the post office or from the carrier, the buyer agrees to this complaints procedure.
Complaint Conditions and Information for Consumers
A consumer is a person who, when ordering goods and fulfilling the contract, is not acting within the scope of their business or entrepreneurial activity. Section 52 and subsequent sections of the Civil Code concerning special conditions for concluding distance contracts apply only in cases where the consumer purchases the goods. Consumer rights granted by the Civil Code in Section 53 and following sections do not apply to persons who, when concluding sales contracts, work contracts, or other contracts, act within the scope of their business activities.
II. Warranty Period
The warranty period starts from the moment the consumer takes over the goods, i.e., on the date specified on the warranty certificate or tax document (invoice). The statutory warranty period is generally 24 months. The seller may extend this statutory period. The warranty period is extended by the time during which the product was undergoing warranty repair.
III. Non-compliance with the Sales Contract
This regime governs consumer rights regarding defects in goods that existed at the time of taking over the goods. A defect that manifests within six months from the date of taking over the item is considered to have existed at the time of taking over the goods unless it contradicts the nature of the goods and defects or is not proven otherwise.
The consumer is obliged to thoroughly inspect the goods upon receipt. If a defect is found, the consumer must notify the seller without undue delay. The same applies if the consumer discovers any other discrepancies in the order, especially if a different product or quantity is delivered than ordered.
If the consumer fails to report the defect without undue delay, there is a risk of the defect worsening, for which the seller will not be liable, as it occurred due to the consumer's negligent handling of the goods.
In the case of removable defects existing at the time of receipt, the consumer has the right to request free repair of the item and its adjustment to comply with the order or the exchange of the item for a new one. The consumer chooses the right.
In the case of the delivery of a different product, the consumer has the right to receive the ordered goods.
The seller is not responsible for any defects that the consumer was informed about at the time of contract conclusion and simultaneously did not reject the goods upon receipt.
For used goods sold at a lower price, the warranty does not apply to defects for which the lower price was agreed.
IV. Liability for Defects during the Warranty Period
This regime governs liability for defects that occur during the warranty period but did not exist at the time of taking over the item.
Before the first use of the goods, the consumer is obliged to thoroughly study the warranty conditions, including the relevant user manual. If the product is used contrary to the user manual, the consumer bears all the consequences resulting from this, and their subsequent complaint will be considered unjustified.
The warranty does not cover defects caused by wear and tear resulting from normal use of the goods, improper handling, unprofessional or unauthorized intervention, as well as use or maintenance contrary to the user manual. The warranty will also not be recognized in the case of mechanical damage by the customer, damage caused by excessive and inappropriate use, neglect of care for the goods, or damage caused by force majeure.
In the case of a removable defect, the consumer has the right to free repair or replacement of its part. Only if free repair or replacement of the part is not proportionate due to the nature of the defect, the consumer may request the replacement of the item. If this procedure is not possible, the buyer may request a reasonable discount from the item's price or withdraw from the contract.
In the case of an irremovable defect that does not prevent proper use, the consumer may request the replacement of the item, a reasonable discount from the price, or withdraw from the contract.
The same rights as for an irremovable defect belong to the consumer if, even though it is a removable defect, the defect reoccurs after repair or a larger number of defects makes the goods unfit for proper use.
Rights from liability for defects for which the warranty period applies will expire if they are not claimed during the warranty period.
V. Exercise of the Right from Liability for Defects - Complaints
The place to assert a complaint is the seller from whom the goods were purchased. Unless otherwise stated, the place for asserting a complaint is the company Ariana Sports s.r.o., with its registered office at Roztylské nám. 2619/46, ZIP Code 141 00, Prague 4.
The consumer can assert a complaint in person or by sending the goods for complaint by a carrier (freight company, post, etc.).
In the case of sending the goods, the consumer must prove that the item was purchased from the seller and when it was purchased. In this regard, it is recommended to send a copy of the purchase document and a valid warranty certificate. Furthermore, the consumer must specify how the defect manifests itself and state the choice of the right from liability for defects they are asserting.
To expedite communication, please label the shipment containing the claimed goods and the above documents with the inscription "COMPLAINT." Also, provide sufficient contact information, especially the address and phone number.
The seller does not accept any unsolicited shipments on delivery or at the seller's expense.
In the case of a justified complaint, the customer has the right to reimbursement of postage to a necessary extent. In the case of an unjustified complaint, the consumer is not entitled to reimbursement of their costs associated with processing the complaint, and at the same time, the seller is not entitled to reimbursement of costs incurred on their side (unless the consumer did not act in good faith, e.g., repeated unjustified complaints, suggesting abuse of rights).
In the case of sending defective goods for complaint, the consumer is obliged to hand over the goods complete and in suitable packaging material that meets the transport requirements of the delivered goods – preferably in the original packaging. The seller is not obliged to accept goods for complaint if they are not properly packaged and handed over with the supplied components.
VI. Processing of Complaints
Complaints, including defect removal, must be handled without undue delay, no later than 30 days from the date of complaint submission, unless the seller and the consumer agree on a longer period. After this period, consumers are entitled to the same rights as if it were an irremovable defect. After examining the submitted documents and a cursory inspection of the claimed goods, the seller:
acknowledges the complaint as justified and handles it on the spot, if it is not possible to handle a justified complaint immediately, accepts the claimed goods for the complaint procedure and prepares a written record of this, rejects the complaint as unjustified and returns the claimed goods to the consumer, accepts the claimed goods for expert assessment, based on which the complaint will either be recognized as justified and properly handled or rejected, and the goods will be returned to the consumer. The seller will issue a written confirmation to the consumer about when the right from liability for defects was exercised, as well as about the repair and its duration, or about the method of complaint handling.
The consumer will be informed in advance about the method of handling the complaint through an agreed-upon procedure (remote communication means or in writing). If the goods were sent by a carrier, they will be automatically sent to the consumer's address after processing.
VII. Procedure for Complaints
- Download this complaint form, fill in the necessary information, and please send it to the email address email@example.com.
- Of course, you can inform us about the complaint by email or phone.
- After confirming the receipt of your complaint/withdrawal request, we will promptly provide you with information regarding the delivery address, refund, etc.
- Please pack the goods in suitable packaging to prevent damage during transport.