Returns and claims
COMPLAINTS PROCEDURE OF ROYAL COMFORT S.R.O.
1. BASIC ESTABLISHMENT
1.1 These Complaints Regulations of Royal Comfort s.r.o., with registered office at Prague, Na Florenci 1332/23, Postal Code 110 00, ID No: 29156173, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 326413 ("Seller") regulates the basic mutual rights and obligations of the Buyer in connection with the exercise of rights arising from defective performance or quality guarantee (claims) when concluding purchase contracts in one of the Seller's brick-and-mortar stores (showrooms) or by means of remote communication, in particular through the web interface of the online store at https://www.royalcomfort.cz/.
1.2 This Complaints Procedure is an integral part of the Seller's Terms and Conditions ("T&C") and unless otherwise stated herein, the terms used herein shall have the same meaning as in the T&C. Rights and obligations not covered by these Complaints Procedure or the OP shall be governed by the applicable laws of the Czech Republic. The Buyer is obliged to familiarize himself with this Complaints Procedure and the OP before ordering the goods.
2. RIGHTS FROM DEFECTIVE PERFORMANCE AND QUALITY GUARANTEE
2.1 If the buyer is a consumer, he is entitled to exercise the right of defect which occurs in the goods within 24 months from the receipt of the goods, unless otherwise agreed. The seller shall be liable to the buyer that the goods are free from defects on receipt. In particular, the seller shall be liable to the buyer that at the time the buyer takes delivery of the goods (i) the goods have the characteristics agreed between the parties or described by the seller or the manufacturer or expected by the buyer having regard to the nature of the goods, (ii) the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used, and (iii) the goods comply with the requirements of the law. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective on receipt.
2.2 If the buyer is acting in the course of his business when concluding the contract of sale (or if the buyer is not a consumer), the time limit for exercising the rights of defective performance in respect of a range of goods may be less than 24 months (generally 12 months).
2.3 The voluntary guarantee for quality applies to defects that occur within the warranty period expressly granted by the seller, regardless of whether they already existed at the time of acceptance of the goods by the buyer or arose later. The seller thus undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. This extended quality guarantee applies only to mattresses, bed bases and headboards and can be arranged by the buyer with the seller for 36 months for an additional fee of CZK 10,000 and for 48 months for an additional fee of CZK 15,000.
2.4 In the event that the purchase contract, the warranty card (conditions), the advertisement or the packaging of the goods stipulate different lengths of the warranty period, the longest of them shall apply.
2.5 In the event that the goods do not comply with the above requirements, the buyer is entitled to delivery of new goods without defects, unless this is unreasonable due to the nature of the goods. If the defect relates only to a part of the goods, the buyer may only demand replacement of the part; if this is not possible, he may withdraw from the contract and demand a full refund of the purchase price. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer is entitled to have the defect remedied free of charge.
2.6 The buyer is also entitled to the delivery of new goods or the replacement of a part in the event of a removable defect, if the goods cannot be used properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the buyer also has the right to withdraw from the purchase contract.
2.7 If the buyer does not withdraw from the contract or does not exercise the right to have new goods delivered without defects, to have parts replaced or repaired, he may demand a reasonable discount on the purchase price. The buyer is also entitled to a reasonable discount if the seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the seller fails to remedy the defect within a reasonable time or if it would cause the buyer considerable difficulties to remedy the defect.
2.8 If a manufacturing or material defect in the goods is acknowledged, the goods shall be repaired free of charge or the Seller shall arrange for the delivery of new goods free of defects.
3. EXCLUSIONS FROM THE SELLER'S LIABILITY FOR DEFECTIVE PERFORMANCE AND FROM THE QUALITY GUARANTEE
3.1 The provisions set out in this Complaints Procedure do not apply to goods (i) where the defect is caused by wear and tear due to normal use or if this is due to the nature of the item (e.g. (ii) where the defect is already present at the time of acceptance and a discount on the purchase price is agreed for such defect; (iii) where the goods are used and the defect corresponds to the level of use or wear and tear that the goods had when the buyer took them over; (iv) where the defect is caused by the Buyer and has been caused by improper use, storage or improper maintenance contrary to the Seller's and the manufacturer's instructions or other intervention by the Buyer or by mechanical damage; or (v) the defect is caused by an external event beyond the Seller's control.
3.2 The Buyer acknowledges that a claim for goods may not be accepted by the Seller in particular in the following cases:
3.2.1 Mattresses
i. the manufacturing tolerance of the mattress dimensions is less than: 2 cm (for width), 3 cm (for length), 1 cm (for height);
ii. the impression of the body on the lying surface of the mattress is up to 10 % of the total height of the mattress, as the time of use of the mattress has an effect on the peeling off of its top layer;
iii. unfinished threads protrude from the mattress;
iv. horsehair penetrates the surface of the mattress;
v. the mattress has been transported by the side handles and the side handles have been damaged;
vi. the mattress has what is known as a 'novelty smell' (these are initial, usually synthetic, odours caused by new materials);
vii. the presence of a defect where the mattress has been used with an unsuitable base or foundation;
viii. the mattress has been stored on its side for a long period of time (more than 24 hours);
ix. the mattress has been spilt with liquid;
x. the mattress is visibly hygienically stressed (stains from human sweat, etc.);
xi. the mattress is slightly different in colour from the fabric selected from the sample in the shop (showroom); and
xii. Dissatisfaction with the comfort level of the mattress as it is a subjective category.
3.2.2 Beds
i. manufacturing tolerance for bed dimensions is less than: 2 cm (for width, height and depth);
ii. the headboard padding extends into the mattress area, pushing the mattress towards the opposite (opposite) end of the bed;
iii. the headboard wobbles backwards and forwards by a margin of 5 cm if the headboard is not fixed to the wall;
iv. the bed is slightly different in colour from the fabric selected from the shop (showroom) swatch; and
v. the bed has an 'odour of novelty' (this is the initial, usually synthetic, odour caused by new materials).
3.2.3 Bedding
i. manufacturing tolerances for feather bedding dimensions shall be less than: 5 cm (for both width and length);
ii. the feathers fall out of the feather goods without visible tearing or other damage to the down;
iii. variations in the weight of the feather goods (no guaranteed weight - i.e. no tolerance);
iv. variation in the quality and finish of the loose down from one supply of feathers to another;
v. a slight smell of goose (in the case of feather goods);
vi. if cotton sheets and bed linen shrink after washing because they have not been washed according to the washing symbols on the label of the relevant goods; and
vii. unfinished threads are sticking out of the bedding.
4. COMPLAINT PROCESS
4.1 The Buyer shall be obliged to point out the defect without undue delay after he has had the opportunity to inspect the goods and could have discovered the defect with sufficient care, either by marking the defect or by notifying him of how it manifests itself; otherwise, he may not be entitled to the right of defective performance or quality guarantee. In particular, the buyer is obliged to inspect the goods properly for quantitative or qualitative defects before signing the delivery note. Before installing the goods, the buyer is also obliged to verify (test) that the goods conform to the purchase contract, including the specification of the installation location.
4.2 The Buyer has the right to file a claim with the Seller at any of the Seller's premises where the acceptance of the claim is possible with regard to the range of goods sold, or even at the Seller's registered office. The Buyer is obliged to prove that he is entitled to make a claim, in particular to prove the date of purchase, either by presenting a sales receipt, a warranty certificate, or in any other credible way.
4.3 The Seller or an employee authorised by the Seller is obliged to decide on the claim immediately, in more complex cases within 3 working days. This time limit does not include the time required for a professional assessment of the defect. The Seller is obliged to issue the Buyer with a written confirmation stating the date and place of the claim, the characteristics of the defect complained of, the method of handling the claim requested by the Buyer and the manner in which the Buyer will be informed of its handling; later, the Seller is also obliged to issue the Buyer with a confirmation of the date and method of handling the claim, including a confirmation of the repair and its duration, or a written justification of the rejection of the claim.
4.4 The claim, including the rectification of the defect, must be settled without undue delay, at the latest within 30 days from the date of the claim, unless the Seller agrees with the Buyer in the claim report or otherwise on a longer period.
4.5 In the event that the Buyer is not a consumer, the time limits under Articles 4.3 and 4.4 of this Complaints Procedure shall not apply, but the Seller undertakes to resolve the complaint within the shortest possible time with regard to the professional assessment of the goods by the Seller or the manufacturer.
5. FINAL PROVISIONS
5.1 The Buyer has the right to out-of-court settlement of any disputes (ADR) from the contract with the Seller in accordance with § 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection, as amended, through the Czech Trade Inspection (www.coi.cz). Out-of-court settlement of a consumer dispute is initiated at the request of the buyer, which may be submitted in writing, orally on the record or electronically via the on-line form on the website of the Czech Trade Inspection Authority. Nothing in this Article shall preclude the buyer from bringing his claim before a competent court.
5.2 To make a claim, the Buyer may use the model claim form, which forms an annex to these Claims Regulations and is also available in electronic form on the Seller's website www.royalcomfort.cz and in paper form in all brick-and-mortar shops of the Seller.
5.3 The Seller may change or supplement the wording of this Complaint Form at any time. However, this provision does not affect the rights and obligations arising from purchase contracts concluded before the new Complaints Procedure came into force.
5.4 This Complaints Procedure shall come into force and effect on 1 January 2020.