Warranty terms & complaints procedure

The complaints procedure has been drafted in accordance with the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended. The rights and obligations of the seller and the buyer regarding the seller's warranty for the quality of the goods on receipt and the buyer's rights from defective performance are governed in particular by § 2161 et seq. of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on consumer protection, as amended.

The seller is liable for defects that occur in the goods sold during the warranty period. The period for asserting a complaint is 24 months (unless otherwise stipulated). After the expiry of this period, the right from defects cannot be asserted with the seller, unless the contracting parties agree otherwise or the seller or manufacturer provides a special warranty for quality beyond the scope of the seller's statutory obligations.

The warranty period and the product's lifespan are different concepts. Lifespan is determined by the manner and intensity of use and may not always be the same as the warranty period. With intensive use, lifespan may be shorter than the warranty period.

If the defect is on the item at the time of receipt and a discount on the purchase price has been agreed for such defect. If the goods are used and the defect corresponds to the degree of use or wear that the goods had when received by the buyer.

The defect arose on the item due to wear caused by ordinary use, or follows from the nature of the item (e.g. by expiration of the lifespan). It is caused by the buyer and arose through improper use, storage, improper maintenance, intervention by the buyer or mechanical damage. The defect arose as a result of an external event beyond the seller's control.

The seller declares that the goods are handed over to the buyer in accordance with the provisions of § 2161 of the Civil Code, namely: the goods have the properties agreed between the buyer and seller, and in the absence of such an agreement, the properties described by the seller or manufacturer in the user manual. The goods are suitable for the purpose for which the seller states they are to be used. The goods are in the appropriate quantity, measure or weight. The goods comply with the requirements of legal regulations.

If the goods do not meet the above requirements when received by the buyer, the buyer has the right to delivery of new goods without defects, unless this is unreasonable in view of the nature of the item. If the defect concerns only a component of the item, the buyer may only request replacement of the component; if this is not possible, they may withdraw from the contract and demand a full refund of the purchase price.

If the buyer does not withdraw from the contract or does not exercise the right to delivery of new defect-free goods, replacement of a component or repair, they may request a reasonable discount from the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot deliver new defect-free goods, replace its component or repair the goods.

The buyer has the right to assert a complaint with the seller at the premises of Volter s.r.o., Ve Žlíbku 1800/77, Hall H10, 190 00 Prague 20, or at any other premises of the seller. The seller ensures the presence of an employee authorised to receive complaints throughout the operating hours.

The buyer is obliged to prove that they are entitled to assert a complaint, in particular by providing the date of purchase, by submitting either a sales receipt, confirmation of the seller's obligations from defective performance, or a warranty card. The buyer is not entitled to assert a complaint regarding a defect that has already been raised in the past, if a reasonable discount on the purchase price was granted in respect of it.

The buyer shall exercise their rights from defective performance without undue delay after discovering that the goods have a defect. The seller is not liable for any increase in the extent of damage if the buyer continues to use the goods despite knowing about the defect. If the buyer asserts a defect against the seller in a justified manner, the period for exercising rights from defective performance does not run for the time the goods are being repaired and the buyer cannot use them.

The buyer acknowledges that in the case of replacement of the goods within the framework of handling a complaint, no new period for exercising rights from defective performance starts to run. The period ends 24 months after the receipt of the complained-about goods at purchase.

The goods must be properly cleaned, free of all impurities and hygienically harmless. Volter s.r.o. is entitled to refuse to accept goods that do not comply with the principles of general hygiene for the complaints procedure. A complaint must be made without undue delay, immediately upon discovery of the defect.

The seller is obliged to decide on the complaint immediately, in more complex cases within three working days. This period does not include the time required for an expert assessment of the defect. The seller is obliged to issue the buyer with a written confirmation stating the date and place of the complaint, the nature of the defect raised, the buyer's requested method of resolving the complaint and the manner in which the buyer will be informed of its handling.

The complaint, including remedying the defect, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. Failure to meet this deadline is considered a material breach of contract.

The buyer is not entitled, without the seller's consent, to change the chosen method of handling the complaint, except where the chosen method cannot be carried out at all or in time.

The buyer is obliged to collect the complained-about goods within 30 days from the date the complaint should have been resolved at the latest; after this period the seller is entitled to charge a reasonable storage fee or sell the goods on behalf of the buyer.

During the transport of goods by the third party that Volter s.r.o. uses to deliver shipments to customers in the Czech Republic, the shipment or its contents may be damaged.

If the carrier delivers a shipment to the buyer that is visibly damaged, the buyer has the right to refuse acceptance of the shipment, stating the reason of damage to the packaging. If the buyer still wishes to take delivery of the parcel, the postal worker or courier service is obliged to draw up a damage report with the customer.

If, after opening the package, the customer discovers physical damage to the goods that may have been caused by transport, this fact must be reported immediately, no later than within 24 hours, to Volter s.r.o., who will inform the buyer of the next steps.

The seller's liability for defects which constitute a material or immaterial breach of contract applies to defects of goods that occurred within 24 months of receipt, namely for defects to which the liability for quality on receipt under Article 1 does not apply.

A defect is considered a material breach of contract if the buyer would not have entered into the contract had they foreseen the defect when concluding the contract; in other cases, the defect is not a material breach of contract.

If the defect is a material breach of contract, the buyer has, at their option, the right to 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 remedy the defect or to a reasonable discount.

The buyer has the right to delivery of a new defect-free item, replacement of a component, a price discount or withdrawal from the contract regardless of the nature of the defect, if they cannot properly use the item due to the recurrence of the defect after repair or due to a larger number of defects.

If a complaint is acknowledged as justified, the buyer has the right to reimbursement of the costs reasonably incurred in exercising their right to complain under Act No. 89/2012 Coll.

If the seller rejects the complaint as unjustified, the buyer, or both parties by agreement with the seller, may turn to a court expert in the field and request the preparation of an independent expert assessment of the defect.

If the seller proves that the consumer abused their rights to file a complaint, in particular for the purpose of enrichment or circumvention of the law, the seller has the right to claim compensation from the consumer for the costs incurred in connection with the exercise of the consumer's rights.

Need to file a claim?

Contact our complaints department.