Complaints Terms and Conditions

1. General Provisions and Definition of Terms

1.1. These Complaints Terms and Conditions are in accordance with Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended as of January 1, 2014. They apply to consumer goods (hereinafter referred to as the "Goods") for which the Buyer's rights arising from liability for defects (hereinafter referred to as a "Complaint") are exercised within the warranty period.
1.2. The "Seller" is the business company PERLACASA, s.r.o., with its registered office at Bidláky 837/20, 639 00 BRNO, Company ID (IČ): 29186366. The business company is registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 64094.
1.3. The "Buyer" is an entity that has concluded a contract for the purchase of Goods with the Seller.

2. Warranty Conditions

2.1. If the Goods show obvious defects, i.e., in particular if the Goods are handed over to the Buyer in damaged transport packaging, the Buyer is entitled not to accept the Goods. In such a case, the Buyer's right to the provision of proper performance by the Seller or to a refund of the purchase price remains unaffected. The Buyer shall make the choice.
2.2. In the event that defects in the Goods occur within the warranty period after the takeover of the Goods by the Buyer, the Buyer may file their legitimate Complaint.
2.3. The length of the warranty period is governed by the applicable provisions of the Act, and therefore amounts to 24 months, with exceptions stipulated by the Act. The warranty period begins to run upon the takeover of the Goods by the Buyer.
2.4. The Buyer is entitled to withdraw from the contract in all cases stipulated by the Act. Cases where it is not possible to withdraw from the contract are regulated in the provisions of Section 1837 of the Civil Code (OZ). The law stipulates exceptions when it is not possible to withdraw from the contract within 14 days, even if it is a contract concluded outside business premises. This is not possible if the goods have been modified according to your wishes or customized for your person. These are cases where the ordered goods are unique; a typical example is a T-shirt with your photograph or furniture with atypical dimensions that the seller does not have in their offer. Conversely, if you select the characteristics of the goods from several options predetermined by the seller (swatch book, selection from several dimensions, and similar), it will not be considered the given exception and you have the right to withdraw. Another exception is represented by goods that spoil quickly (certain types of food, cut flowers). It is also not possible to withdraw within 14 days if the delivered goods have been irreversibly mixed with other goods. This may be the case, for example, if you already mix the delivered white room paint with another shade before painting. For a certain group of goods, it is not possible to withdraw from the contract if you unwrap them and it is not appropriate to return them for hygienic or health reasons, such as a toothbrush, contact lenses, packaged food, and similar. However, it must be a hygienic, sealed package that protects the goods. When you buy an audio or video recording or a computer program on a so-called tangible medium (CD, DVD, USB flash drive, and similar), you can exercise the right to withdraw from the contract only until you remove the goods from the original packaging. It is not possible to withdraw from the contract within 14 days if you buy a newspaper, periodical, or magazine outside business premises. However, if you conclude a subscription contract, you do have the right to withdraw from the contract. It is not possible to cancel the contract within 14 days for contracts concluded on the basis of a public auction under a special law. Likewise, it is not possible to withdraw from contracts for the supply of goods whose price depends on fluctuations in the financial market, which may occur even during the 14-day period and which do not depend on the will of the entrepreneur.

2.4.1. The Buyer must return to the supplier everything they obtained on the basis of the purchase contract. If this is no longer easily possible (e.g., in the meantime the Goods were destroyed or consumed), the Buyer must provide monetary compensation as an equivalent value of what can no longer be returned. If the returned Goods are only partially damaged, the Seller may exercise the right to compensation for damages against the consumer and offset their claim against the returned purchase price. In such a case, the Seller returns only the purchase price thus reduced to the Buyer.
2.4.2. The Buyer is obliged to prove in any credible manner that they have the right to file a complaint. The Buyer is not entitled to file a complaint for a defect that has already been criticized in the past if a reasonable discount on the purchase price was provided for it.
2.4.3. However, the Buyer does not have the right to withdraw from the contract if it is expressly agreed between the contracting parties, and furthermore in the case of contracts:
2.4.3.1. for the provision of Services, if their performance was commenced with their consent before the expiry of the period of 14 days from the takeover of performance,
2.4.3.2. for the supply of Goods or Services whose price depends on fluctuations in the financial market independently of the will of the Seller,
2.4.3.3. for the supply of Goods modified according to the wishes of the Buyer or for their person, as well as goods that are subject to rapid deterioration, wear and tear, or obsolescence,
2.4.3.4. for the supply of audio and video recordings and computer programs, if the Buyer broke their original packaging,
2.4.3.5. for the supply of newspapers, periodicals, and magazines,
2.4.3.6. consisting in a game or a lottery.
3. Settlement of Complaints

3.1. In the event that the Buyer exercises their right to require the removal of defects in the Goods through repair, and the warranty certificate designates an entrepreneur other than the Seller for the purpose of warranty repairs of the Goods, whose registered office or place of business is in the same location as the Seller or in a location closer to the Buyer, the Buyer shall exercise the right to warranty repair with the entrepreneur specified in the warranty certificate.
3.2. The Buyer is entitled to require warranty repair at authorized service centers, the list of which is attached to the documentation for the Goods or will be provided by the Seller upon the Buyer's request.
3.3. A Complaint, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of filing the Complaint, unless the Seller and the Buyer agree on a longer period. After the expiry of this period, the Buyer is granted the same rights as if it were an irremediable defect.
3.4. In a situation where it is necessary to send the Goods to the Seller or to a service center, the Buyer, in their own interest, shall ensure that the Goods are packed in a suitable and sufficiently protective packaging material that meets the transport requirements for fragile goods, including all accessories, and shall mark the shipment with the appropriate symbols.
3.5. After proper settlement of the Complaint, the service center shall invite the Buyer to take over the repaired Goods.
3.6. The Seller is fully liable for hidden manufacturing and material defects within the meaning of the provisions of the Civil Code. The warranty does not cover defects caused by unauthorized interference, as a result of using the goods for purposes other than intended, improper storage, unprofessional assembly, mechanical damage not caused by wear and tear arising from normal use, or if the product was exposed to an excessive load (in contradiction with the regulations or, as the case may be, the manufacturer's recommendations), natural disasters, or force majeure. The guaranteed characteristics of the goods fully depend on the specifications provided directly by the manufacturer. The attached invoice also serves as a warranty certificate.
3.7. During any visit by a service technician to the Buyer, it is necessary to draw up a report on the discovered defects and the form of their removal. Without such a report, the visit of the service technician is not taken into account.
3.8. All information about the progress of a complaint can be obtained by phone at +420 547 210 376 or by email at reklamace@i-domacipotreby.cz.
3.9. The Seller is not liable for an increase in the scope of damage if the buyer uses the goods despite knowing about the defect.
3.10. The Buyer acknowledges that in the event of an exchange of goods as part of a complaint settlement, a new period for exercising rights arising from defective performance does not start running. The period will end 24 months from the takeover after the purchase of the complained goods.
3.11. The Buyer is obliged to take over the complained goods within 30 days from the day when the complaint should have been settled at the latest; after this period, the seller is entitled to charge a reasonable storage fee or sell the goods themselves on the buyer's account.
3.12. If the defect is a material breach of contract, the buyer has the right, at their choice, to the delivery of a new item, repair, a reasonable discount, or withdrawal from the contract. If the defect is an immaterial breach of contract, the buyer has the right to have the defect removed or to a reasonable discount.
3.13. In the event of an accepted, legitimate complaint, you have the right to have us, as the seller, reimburse the reasonably incurred costs that you had in connection with your complaint. However, this right cannot be understood as meaning that we, as the seller, must reimburse all costs in full. Nor does it mean that it must only be the lowest costs. The law means costs reasonably incurred when filing a complaint. If it is possible, for example, to take the goods for a complaint to a closer branch or send the goods by mail rather than transporting them by car to a store 300 km away, prefer the less costly alternative. As a seller, we must reimburse your costs at least in the part that we consider to be reasonably incurred. Typical costs associated with a complaint include postage or other transport costs of the goods to the complaint procedure and back, and the price of an expert opinion obtained after the rejection of a complaint. Apply for the right to reimbursement of costs with us as soon as possible after the settlement of the complaint to your satisfaction, but no later than one month after the end of the 24-month or other warranty period. As the seller, we hereby inform you of the right to reimbursement of complaint costs.

4. Complaints Regarding the Transport of Goods

4.1. Upon receipt of the shipment, always check for any damage to the packaging. In the event that you suspect damage to the shipment, please inform us immediately.
4.2. Check the contents of the shipment, and if you find that the contents of the shipment are damaged, contact us immediately, within a maximum of 2 days from receipt.
4.3. By taking over the shipment, you confirm that you have accepted the shipment without obvious defects.
4.4. We recommend immediately taking photographic documentation of the damaged shipment, including the packaging and shipping labels, and sending it to reklamace@i-domacipotreby.cz.
Please fill out the DPD transport claim at this link: https://www.dpd.com/cz/cs/podpora/reklamace/#postup_reklamace [1.3]
Please fill out the PPL transport claim at this link: https://www.ppl.cz/main.aspx?cls=art&art_id=1663 [1.4]

5. Final Provisions

5.1. These Complaints Terms and Conditions enter into force on January 1, 2014. Changes to the complaints terms and conditions reserved.