Complaints procedure for wholesale
This Complaints Procedure for Wholesale (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity 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
Seller's liability for defects
1.The seller is responsible for the fact that the goods are free from defects upon receipt. This means that the goods upon receipt, in particular:
is in the agreed quantity;
corresponds to the quality and workmanship agreed between the buyer and the seller, if applicable, according to the agreed sample or model, if applicable, according to the purpose evident from the contract; otherwise for the purpose normally intended;
a defect in the goods shall also be deemed to exist if the seller delivers to the buyer goods other than those agreed between them;
the goods are free from legal defects, i.e. the goods are free from third party property rights and the goods are accompanied by the documents and papers necessary for the proper use of the goods.
The Seller does not provide any guarantee of quality unless this is expressly stated on the web interface or in the documents accompanying the goods. If the goods are covered by a guarantee of quality, this guarantee is subject to the terms and conditions set out 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.
Buyer's rights from defective performance
1.The Buyer's rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.
2.If the defect in the goods is a material breach of contract, the buyer is entitled to the following rights under defective performance:
Removal of the defect by delivery of a new item without defect or delivery of the missing item;
remedying the defect by repairing the item;
a reasonable discount on the purchase price; or
withdrawal from the contract.
3.If the defect in the goods is an insubstantial breach of contract, the buyer may demand:
remedy the defect; or
a reasonable discount on the purchase price.
4.The buyer is obliged to inform the seller of the chosen method of resolving the complaint when notifying the seller of the defect, otherwise the seller will decide on it. The choice made may be changed only after agreement with the Seller.
If the Buyer considers the defect to be a material breach of contract, he is obliged to provide the Seller with proof of this.
The Buyer acknowledges that until he exercises his right to a discount on the purchase price or withdraws from the contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular to deliver the missing documents).
5.Replacement of the goods or withdrawal from the contract cannot be requested if the buyer cannot return the goods in the condition in which he received them. This does not apply if:
there has been a change in condition as a result of an inspection to detect a defect in the item;
the buyer used the item before the defect was discovered;
the buyer has not made it impossible to return the thing in its unaltered condition by act or omission; or the buyer has sold the thing before the defect was discovered or has altered the thing in its normal use; if this has happened only in part, the buyer shall return to the seller what he can still return and shall compensate him to the extent that he has benefited from the use of the thing.
Impossibility of exercising rights arising from defective performance
1.The buyer is not entitled to rights from defective performance if he knew about the defect before taking over the goods or caused the defect himself.
2.Liability claims for defects do not apply to:
wear and tear caused by normal use of the goods;
goods sold at a lower price - only in relation to the defect for which the lower price was agreed; or
if the nature of the goods so requires.
Complaint procedure
1.The buyer is obliged to file a claim with the seller without undue delay after the defect has been discovered. The contact address of the Seller is designated for the receipt of the claimed goods.
2.Binding complaint procedure:
For faster processing, the Buyer may inform the Seller of the complaint in advance by phone, e-mail or in writing;
the Buyer is obliged to inform the Seller of the right he/she has opted for from the defective performance, describe the defect and/or describe how it manifests itself;
the Buyer shall deliver the goods complained of to the Seller (other than by cash on delivery, which is not accepted by the Seller); when sending the goods, the Buyer shall wrap them in suitable packaging to prevent damage or destruction;
the buyer shall enclose with the goods a proof of purchase or a tax document - invoice, if issued, or other document proving the purchase of the goods.
3.The moment of claim is the moment when the Seller received the claimed goods.
4.In accordance with the Civil Code, the buyer is entitled to reimbursement of the costs reasonably incurred in claiming the goods. The Buyer acknowledges 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 claimed.
This Complaints Procedure is valid and effective from 1.6.2023