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Complaints procedure

1 Basic provisions

1.1 The Complaint Procedure Code is an integral part of the General Business Terms of the Seller, AGE COM, a.s., with its registered office at Václavské Náměstí 808/66, Nové Město, 110 00 Praha 1, ID: 271 25 556, registered at the Municipal Court in Prague, Section B, 9164, and describes how to access a claim for goods purchased from the seller.
1.2 Buyer is either a consumer within the meaning of Section 2 (1) a) of Act No. 634/1992 Coll. (hereinafter referred to as the "buyer-consumer") or the entrepreneur who acts in the course of his business activities (hereinafter referred to as "buyer-entrepreneur") when concluding and fulfilling the contract. Buyer-consumer and Buyer-entrepreneur are collectively referred to as "buyers".
1.3 The Buyer is obliged to familiarise themselves with the Complaint Rules and General Terms and Conditions before ordering the goods. The Buyer acknowledges that he or she is obliged to provide the Seller with the necessary co-operation required for the settlement of the claim, otherwise the periods are adequately extended by the time the buyer did not provide the required co-operation.

2 Time limit for claiming defective performance

2.1 The Buyer-Consumer is entitled to exercise the right to a defect that occurs with consumer goods within twenty-four (24) months of receipt of the Goods by the Purchaser. The time limit ends with a date that corresponds to the date on which it was started and the number of months thereafter.
2.2 Article 2.1 does not apply to:
• items sold at a lower price for a defect for which the lower price was agreed;
• the wear and tear caused by its usual use;
• the used item, a defect corresponding to the degree of use or wear and tear that the item had at the time of purchase by the buyer; or
• if it results from the nature of the matter.

3 Quality of takeover

3.1 The seller is responsible to the buyer for the fact that the item does not have defects when taken over. In particular, the seller is liable to the buyer at the time the buyer took over the item,
• the thing has properties that the parties have negotiated, and if the arrangement is lacking in features that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make;
• the thing is suitable for the purpose that the seller states or to which the item is normally used;
• the thing is in the appropriate quantity, degree or weight;
• the thing complies with legal requirements.
3.2 If a defect occurs within six (6) months of receipt, it is assumed that the matter was defective already upon takeover by the purchaser-consumer if the seller does not prove otherwise

4 Quality guarantee

4.1 The seller warrants with the quality guarantee that SV bike will be fit for normal use for a certain period of time or that it retains its usual features.
4.2 The Seller shall provide the Buyer with a quality guarantee, for a period of two (2) years for the whole SV bike and ten (10) years for welding the frame of the SV bike. The warranty period runs from the transfer of the item to the buyer; if the thing under the contract was dispatched, the warranty period runs from the arrival to the place of destination.
4.3 In the event of a defect in the warranty period referred to in Article 4.2 above for which the item will not be fit for normal use or a defect in which its normal properties will not be retained, the Buyer shall notify the Seller of this fact at the email address ebike@smartvelocity.info and he or she shall also define the defect of the goods in detail. After the seller and the buyer negotiate the repair term for the defect of SV bike, the seller will repair the defect at a place agreed between the parties. The repair date will not be settled later than ten (10) days from the notification of the defect under the previous sentence, unless the buyer would insist on such a term. If this is not possible due to the nature of the SV error, the buyer will deliver the SV bike to the vendor's location where the defect will be repaired.
4.4 If the quality defect to which applies quality guarantee cannot be repaired, the seller will replace the item for another piece with the same or better parameters.
4.5 If the buyer is interested, the seller will give to the buyer, for the duration of the repair, similar SV bike with a free temporary use ("replacement SV bike"), depending on the current availability of the goods at the seller. The buyer will return the replacement bike to the seller at the latest when the repaired SV bike is received, in the condition that the replacement SV bike was at the time the buyer took it, taking into account the usual wear and tear in proper use.
4.6 Rights against defective performance provided by the seller are not affected.

5 Handling a complaint

5.1 If the thing does not have the features set out in Article 3.1 above, the buyer-consumer may also demand the delivery of a new item without defects unless it is disproportionate due to the nature of the defect. However, if the defect relates only to the part of the item, the buyer-consumer may only require replacement parts; if this is not possible, he or she can withdraw from the contract. If it is disproportionate due to the nature of the defect, in particular if the defect can be eliminated without undue delay, the buyer-consumer has the right to have the defect removed for free.
5.2 The buyer-consumer has the right for supplying a new item or the replacement of a part even in the case of a defect that can be remedied if the item cannot be properly used for the repeated occurrence of a defect after repair or for a greater number of defects. In this case, the purchaser-consumer also has the right to withdraw from the contract.
5.3 If the buyer-consumer does not withdraw from the contract or does not exercise the right to have a new item without defects delivered, to have its part replaced or to have the item repaired, he or she may require a reasonable discount. Buyer-consumer has the right to a reasonable discount even if the seller cannot deliver a new thing without defects, replace its part or repair the item as well as if the seller fails to rectify the problem within a reasonable time or that the rectify would cause considerable difficulties to the buyer-consumer

6 Complaint procedure

6.1 Buyer can apply for a claim in the SmartVelocity R & D Centre and Workshop, located at Vavrečkova 7074, 760 01 Zlín.
6.2 The seller shall provide the buyer with a written acknowledgment when the buyer applied the right, what is the content of the claim, and how the buyer requests to settle the complaint.
6.3 The seller or his authorised representative decides on the claim immediately, in complex cases within three (3) business days. This period does not include a reasonable time depending on the type of goods required for an expert judgment of the defect.
6.4 The claim, including the removal of the defect, will be settled without undue delay, no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree for a longer period. The expiry of this period is considered as a material breach of contract and the buyer is entitled to withdraw from the contract. The thirty (30) day period is not binding on the buyer-entrepreneur.
6.5 Once a complaint has been processed, the seller will notify the buyer of terminating the claim either by phone, text message or by e-mail. The buyer is obliged to accept the complaint without undue delay within thirty (30) days of the day since he or she has been informed about settling the complaint. When the goods are dispatched after the complaint has been settled, the buyer is required to provide the document under which the case was accepted in the claim procedure and must prove his / her identity with a valid identity document in order to prevent damage.
6.6 If the goods were sent by the shipping service, they will automatically be sent to the address of the buyer once the claim has been processed.
6.7 The seller shall provide the buyer with a confirmation of the date and manner of processing of the claim, including a confirmation of the repair and the duration of the claim, or a written justification for the refusal of the claim.
6.8 The buyer-consumer is entitled to the expense of claiming the complaint, which is considered the lowest possible. This is especially the postage for sending the claimed goods. The buyer-consumer must request for these costs to be refunded without undue delay.

 

This Complaint Procedure shall take effect on 2018/8/1.