Complaints Procedure for Retail
This Complaints Procedure for Retail (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions for claiming defects in goods purchased by the consumer through the online shop SkyGear s.r.o. from our company:
SkyGear s.r.o., with registered office at Jince 360, 262 23 Jince
ID: 19334591
TAX ID:
registered: in the Commercial Register maintained by the Municipal Court in Prague, C 384611
Delivery address: SkyGear s.r.o, Rpety 120, 268 01 Hořovice
Telephone number: +420 733 653 563
contact e-mail: info@skygear.cz
What defects are we responsible for?
1.As the seller, we are responsible for the fact that the goods you ordered have been delivered to you and that the goods are free from defects upon receipt. This means that the goods are not defective on receipt, in particular:
it has the characteristics that were agreed between us, that we describe or that you could have expected in view of the nature of the goods and on the basis of the advertisement;
is in the appropriate quantity, measure or weight;
complies with the requirements of the law;
is fit for the purpose we state or for which the goods you have purchased are usually used;
it is of the quality agreed between us or, where applicable, the quality required by applicable and effective law for the type of goods; and
is free from legal defects, i.e. the goods are free from third party property rights and are accompanied by the documents and papers necessary for the proper use of the goods.
Furthermore, we are responsible for ensuring that these defects do not occur within the warranty period. We do not provide any guarantee of quality beyond the statutory warranty period for consumers, unless this is expressly stated on the web interface or in the documents accompanying the goods. If the goods are covered by a quality guarantee, this guarantee is subject to the terms and conditions stated on the web interface or in the documents accompanying the goods.
2.Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 5 of the General Terms and Conditions.
What is the warranty period?
1.For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in the advertisement.
2.If the goods are replaced or repaired, the new goods or the replaced parts and spare parts are not subject to a new warranty period. However, in such a case, the warranty period is extended by the period during which you have been unable to use the goods due to the defect, i.e. in particular the period during which the goods are under repair.
What rights do you have under the defective performance?
1.Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117 and also Sections 2165 to 2174
2.In accordance with the above provisions, you are entitled in particular to the following rights:
Fill in what is missing
If we deliver goods to you in less than the agreed quantity or if we deliver incomplete goods, you have the right to have what is missing completed.
A discount on the purchase price
If there was a defect in the goods when you received them or if the defect occurred within the warranty period, you can always claim a reasonable discount on the purchase price.
Replacement of the goods or defective parts of the goods
You can always demand replacement of the goods or defective parts of the goods, unless this is disproportionate to the nature of the defect (i.e. in particular if immediate repair is not possible) and unless it is only a minor breach of contract.
You do not have the right to have the goods replaced if only a part (component) of the goods is defective. If we conclude that only part of the goods is defective during the complaint procedure, we will replace that part.
You cannot ask for a replacement for goods sold at a lower price. Instead, you can claim a discount on the purchase price.
Repairing the item
If the goods can be repaired, you are entitled to have the defect rectified free of charge. If, during the claim procedure, it becomes apparent that we are unable to repair the goods, we will inform you immediately and you may choose another method of dealing with the claim as set out here.
Refund (withdrawal)
You can only claim a refund if:
delivery of a defective or incomplete item by us constitutes a material breach of contract; or
we are unable to remedy a defect which prevents you from using the goods properly or we are unable to replace the goods with that defect (e.g. the goods are no longer manufactured); or
you cannot use the goods properly because of the recurrence of the defect after the repair (recurrence of the same defect after at least two previous repairs); or
the goods have multiple defects (simultaneous occurrence of at least three repairable defects, each of which prevents the goods from being used properly); or
we fail to meet the deadline for dealing with the claim/arrange for rectification within 30 days of the claim being made.
3.It is a condition of the exchange or refund (withdrawal) that you return the item in the same condition as you received it. Exceptions are if:
there has been a change in condition as a result of an inspection to detect a defect in the item;
you used the item before the defect was discovered;
you did not make it impossible to return the item in its unaltered condition by your act or omission; or
you have sold the item before the defect was discovered, consumed it or altered it in the course of normal use; if this has happened only in part, you shall return to us what you can still return and compensate us to the extent that you have benefited from the use of the item.
When can I not exercise my rights under defective performance?
1.You are not entitled to defective performance rights if:
you knew about the defect before you took delivery;
you caused the defect; or
the warranty period has expired.
2.The warranty and liability claims do not apply to:
Wear and tear caused by normal use (wear and tear caused by use is also considered to be a reduction in the capacity of batteries and accumulators);
items sold at a lower price - only in relation to the defect for which the lower price was agreed;
defects caused by improper use of the goods, failure to follow instructions, improper maintenance or improper storage; or
if this is due to the nature of the goods (in particular goods which, by their nature, cannot last for the entire duration of the guarantee period).
How do I make a complaint?
1.File a claim with us without undue delay after the defect has been discovered.
2.We accept complaints at the delivery address.
If you are interested in repairing the item and the certificate of rights for the defective performance (warranty certificate) indicates a person designated for repair, you are obliged to file a claim with this person. You are only obliged to do this if this person is located at the same place as us or at a place closer to you.
3.Recommended claim procedure:
For faster processing, you can inform us in advance by telephone, e-mail or in writing;
at the same time, it is advisable to inform us of the right you have chosen from the defective performance, i.e. whether you are interested in the completion of what is missing, a discount on the purchase price, the replacement of the goods or their defective parts, the repair of the item, the refund of money, or other rights in accordance with these Complaints Regulations and the Civil Code;
deliver the claimed goods to us together with the claim or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of our registered office (or to the address of the person designated for repair), and when sending the goods we recommend that they be packed in suitable packaging so as to prevent damage or destruction;
to facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim in accordance with the statutory conditions.
4.The moment of the claim is the moment when we are notified of the defect and the right of liability for defects of the sold item is exercised and the claimed goods are delivered to us.
5.We decide on the received complaint immediately, in complex cases within three working days. This time limit does not include the time required for a professional assessment of the defect, which is reasonable according to the type of product or service. Complaints, including the possible removal of the defect, will be settled without undue delay, at the latest within 30 days from the date of the complaint, unless we agree on a longer period.
6.If you choose a right that cannot be granted for objective reasons (in particular in the case of irremovable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with this Complaints Procedure.
7.When you make a claim, we will issue you with a written confirmation of when you exercised the right, what is the content of the claim and what method of handling the claim you require. We will also (after the claim has been settled) issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written statement of reasons for rejecting the claim.
8.In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred in claiming the goods. Please note that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be brought to your attention.
This Complaints Procedure is valid and effective from 1.6.2023