1. Introductory provisions

This Complaints Procedure applies to goods purchased from the e-shop www.HIMALYO.cz operated by HIMALYO SE, Trojská 39/201, Troja, 171 00 Praha 7.

2. General provisions

The Complaints Procedure was developed in accordance with the Civil Code and the Consumer Protection Act, as amended (hereinafter the “Complaints Procedure”).

The buyer, by placing an order, accepting the order confirmation, accepting the counter proposal of the suppliers, confirming the supplier’s offer, signing the Purchase Agreement, the receipt and payment (even partial) invoice for advance payment, acceptance of delivered goods from the Seller or the carrier or receipt of the invoice for the goods delivered – according to what happens first - confirms that he/she agrees with this Complaints Procedure.

3. Warranty period

3.1 The guarantee applies only to goods properly ordered and paid for.
The Seller is responsible for defects which appear on the goods during the warranty period and under the conditions set out in this Complaints Procedure.

3.2 The minimum time of the warranty is based on expiration date of the goods.

3.3 The warranty period for supplied goods begins on the date the customer takes over the goods. If the goods were claimed within the statutory warranty period settled by exchanging the goods for new, the warranty is renewed in full from the moment of recording a note on the exchange of goods on the relevant document.

4. Method of complaints

4.1 the Seller provides a quality guarantee only under the conditions set out in this Complaints Procedure, which must be met concurrently:

4.1.1 the Buyer immediately conducted a qualified control of the delivered goods upon receipt of goods from the Seller or soon after delivery from the Seller. If the Buyer accepted the goods from the Seller or if he/she failed to report to the Seller in writing about the defects of the goods without undue delay after receipt of the goods from the Seller, it shall be deemed that the goods have been delivered without defects,

4.1.2 the buyer makes a claim properly and in a timely manner in accordance with the Complaints Procedure, 

4.1.3 no person who is not authorised by the Seller shall interfere with the goods (e.g. by modifications or repairs) for the duration of the warranty period (expiration date),

4.1.4 the Buyer will only used the goods in the usual manner and in accordance with their purpose,

4.1.5 will provide routine maintenance on the goods (dry, outside heat sources, away from sunlight, etc.).

In case of doubt, the Buyer is obliged to prove that the goods were used in accordance with the conditions set out in this Complaints Procedure.

4.2 If a defect on the goods arises in the period within the warranty period which is covered by the warranty period, the Buyer shall, without undue delay, within 5 days from the date the Buyer noticed the defect, deliver to the Seller a written notice of the occurrence of a defect on the goods containing, in particular, a detailed description of the defect or how the defect manifested, with the date when the buyer discovered the defect (hereinafter a “Written notice”). The Buyer completes a Written notice on the Seller’s form (Complaint form) available at www.HIMALYO.cz. The buyer is obliged to submit to the Seller at the same time, along with the Written notice, copies of the documents given to the Buyer on the basis of which the buyer submits a claim for the goods. Without a properly filled in Written notice (Complaint form) the complaint will not be accepted.
4.3 The Buyer shall provide the Seller all necessary assistance in rectifying the defects.

5. Complaint claims

5.1 If, during the warranty period a defect occurs to the goods that is covered by the warranty, the Buyer is entitled to submit a complaint claim:

5.1.1 on all removable defects to the goods, the Buyer is solely entitled to the remedy of these defects or to a reasonable discount from the price and this to be chosen by the Seller. If it is shown that the defects on the goods are indeed removable, but the defect removal would involve unreasonable costs, the Buyer has the right of a Complaint claim with such defects under section 5.1.2 of this Complaints procedure. The assessment of whether the defects are removable or irremovable in a particular case as well as the assessment of the reasonability of costs associated with the removal of defects, is the exclusive right of the Seller.

5.1.2 with irremovable defects in goods, the Buyer is entitled to receive new goods as a replacement for the defective goods or to a reasonable discount from the price of the goods or issue a corrective tax document (credit note) for defective goods and this to be chosen by the Seller. For the purposes of issuing a credit note for defective goods the Buyer is obliged to submit to the Seller a copy of the receipt under which the goods were purchased.

5.2  A condition arising from a claim according to paragraph 5.1 of this Complaints procedure is that the Buyer announced the faults in accordance with the Complaints procedure, i.e. in a proper and timely manner.

6. Unjustified claims

6.1 The warranty does not cover the following:

6.1.1 defects resulting from the improper or inadequate treatment or neglect of the goods,

6.1.2 defects caused by mechanical damage to the goods,

6.1.3 defects to the goods which had been modified by the customer,

6.1.4 defects to the goods which had been caused by natural elements or force majeure.

6.2 The seller does not guarantee the compatibility of the goods with other goods, unless this compatibility is specifically requested by the Buyer in a written order.

6.3 The Buyer undertakes to reimburse the Seller for any and all costs incurred by the Seller as a result of an unjustified claim on the side of the Buyer.

7. Deadline for settlement of claims

7.1 Claims for goods are dealt with by the Seller without undue delay, but not exceeding 30 days from the date of a valid complaint claim of the Buyer, i.e. the exercise of a complaint claim in accordance with the Complaints procedure. The deadline for settling a claim is counted from the date of receipt of the claim (the claimed goods), by the Seller to the day the Seller deals with the claim.

7.2 The legitimacy of every claim and assessment of removability or non-removability of the defects is performed by a specialist employed by the Seller.

7.3 The place for the Buyer to send warranty complaint claims is:
HIMALYO SE, Trojská 39/201, Troja, 171 00 Praha 7
e-mail: info@himalyo.cz
tel.: +420 778 481 649

7.4 The Buyer is obliged to take over the goods within one month from the notice from the Seller that the claim has been settled by performing repairs or reject the complaint. In case of the failure to collect the goods within this period, the Buyer shall pay a storage fee of 0.1% of the purchase price of uncollected goods for each day of storage. The Seller will notify the Buyer about the settlement of a claim by phone, SMS or e-mail.

8. Final provisions

8.1 This Complaints procedure becomes effective on 8. 12. 2014.

8.2 The Seller reserves the right to change the Complaints procedure.

8.3 An inseparable part of this Complaints procedure is a sample form for filing a complaint.

(revised 19. 1. 2014)