Liability for defective goods (returns and refunds policy)
- Entering into a purchase agreement
- Terms of delivery
- Terms of payment
- Liability for defective goods (returns and refunds policy)
1. Handing over goods, transfer of ownership and the risk of damage to goods, quality guarantee
- 1.1 The Purchaser is obliged to take delivery of goods from the forwarder or Vendor in a proper manner and confirm the fact on the delivery note and the forwarding document and on any other such document where it exists. This does not affect the provision given in article 2.1. By signing the delivery note, the Purchaser confirms that the package has been delivered without obvious damage, and that any later complaint regarding damage to packaging will be automatically rejected.
- 1.2 At the moment goods are handed over, the risk of damaging goods is transferred to the Purchaser. If the place for handing over goods is not the head office, place of business or workshop of the Vendor, the risk of damage to goods transfers to the Purchaser at the moment goods are handed over to the first forwarder, who will transport goods to the place of delivery.
- 1.3 Ownership of goods is transferred to the Purchaser at the moment goods are handed over, and if goods are being forwarded, at the moment when the Purchaser becomes entitled to handle the package.
- 1.4 The Vendor is liable to ensure that for a period of 24 months the delivered goods are fit for the purpose for which they were intended, and that they retain their usual properties for the stipulated period (quality guarantee). Should the Vendor assign a longer guarantee period to the guarantee form attached to the goods, this longer period is valid. The guarantee for disposable consumables is valid only for the period up until the expiry date given on the packaging.
- 1.5 The guarantee period begins to elapse from the date upon which goods are delivered, and if the Vendor is obliged to send goods, then from the date goods arrive at their place of delivery. The guarantee period does not elapse for that duration when goods cannot be used by the Purchaser due to their defective quality and for which the Vendor is liable.
- 1.6 The guarantee applies to products whose defects are the result of the manufacturing process or other defects, which have not been caused by inexpert or careless handling, or through the use of products contrary to their intended purpose, or used contrary to the instructions for handling, through mechanical damage, wear and tear, or natural catastrophe (e.g. being struck by lightening or some other atmospheric discharge, by fire, flood or caused by some other extraordinary phenomena). The Vendor is entitled to reject any return and refund of goods in the event that the guarantee form has been handled in an unauthorised manner (information has been written over, etc.).
2. Obligations of the Purchaser following the delivery of goods, defective goods
2.1 Following delivery, the Purchaser is obliged to examine the goods without delay to check for any risk of damage (taking into consideration the nature of the goods). The Purchaser is obliged in particular to check whether or not the packaging is intact, the number of packets, and in the event of any kind of defect, to alert the forwarder of such a fact without delay. In the event that any breach of the packaging is discovered, which indicates an unauthorised intrusion into the parcel, the Purchaser is entitled to refuse the handover of goods. The Purchaser is obliged to inform the Vendor regarding this fact immediately, and to provide it with the appropriate co-operation.
2.2 If during the examination of goods, the Purchaser finds any defect, or should such a defect occur during the guarantee period, the Purchaser is obliged to notify the occurrence of such defects to the Vendor, and to do so immediately upon their discovery. Notification of defects must be made in writing, by fax or by e-mail, and must contain the appropriate claim. In addition, the Purchaser is obliged to send the returned goods to the Vendor in a manner with which the Vendor has previously agreed.
2.4The place for returning goods and claiming refunds is the head office of the Vendor – MEDICA FILTER spol., s.r.o., Smetanova ulice, Kašperské Hory, PSČ (postal code) 341 92, Czech Republic, fax: +420 376 582 230, e-mail:firstname.lastname@example.org
2.5 It is necessary to attach copies of the documentation relating to purchase and delivery, i.e. the invoice and delivery note, as well as a detailed description of the defect.
2.6 Claims against liability for the delivery of defective goods are subject to the valid statutory regulations.
2.7 The forwarding of returned goods from the place of delivery to the head office of the Vendor, or other place decided by the Vendor, is provided for by the Vendor at its own expense. In the event that the Vendor does not acknowledge justification for goods being returned, this expense must be borne by the Purchaser together with the costs in connection with forwarding goods back to the place of delivery.
This document is valid as of 1.1.2008.