Complaints Policy

Complaints procedure

 

This Complaints Procedure (hereinafter referred to as the "Complaint Procedure") regulates the method and conditions of complaints about defects in goods purchased by a consumer through the online store www.Pear-control.com from our company:

 

PearControl sro,

with registered office at Příkopy 1889, 393 01 Pelhřimov

ID: 04049845

VAT number: CZ04049845

registered: in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 23663

Delivery address: Příkopy 1889, 393 01 Pelhřimov

phone number: +420 775 165 822

contact email: info@pear -control.com

  

 

1. What defects in the goods are we liable for?

 

1.1. As the seller, we are responsible for ensuring that you are supplied with the goods you ordered and that the goods are free from defects upon receipt. This means that the goods are, in particular:

 

has the properties that were agreed between us, that we describe, or that you could expect given the nature of the goods and based on advertising;

is in the appropriate quantity, measure, or weight;

complies with legal requirements;

is suitable for the purpose stated or for which the purchased goods are usually used;

corresponds to the quality agreed between us, or the quality stipulated for the given type of goods by valid and effective legal regulations; and

does not have legal defects, i.e. a third party does not have property rights to the goods and the goods are equipped with documents and evidence necessary for the proper use of the goods.

We are also responsible for ensuring that these defects do not occur during the warranty period. We do not provide any guarantee for quality beyond the statutory warranty period for consumers.

 

1.2. Differences in the shades of colors in reality and on electronic display devices cannot be considered a defect of the goods. If the goods do not correspond to your expectations, you have the right to withdraw from the contract within 14 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.

 

 

2. What is the warranty period?

 

2.1. For unused consumer goods, the warranty period is twenty-four months from receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in advertising.

 

2.2. In the event that your goods are replaced or repaired, a new warranty period does not apply to the new goods or replaced components and spare parts. However, in such a case, the warranty period is extended by the period during which you were unable to use the goods due to the defect, i.e. in particular by the period during which the goods are being repaired.

 

3. What rights do you have from defective performance?

 

3.1. Your rights from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117, as well as Sections 2165 to 2174.

 

3.2. In accordance with the above provisions, you have the following rights in particular:

 

1. a) Completing what is missing

 

If we deliver goods to you in a smaller quantity than agreed, or if we deliver incomplete goods to you, you have the right to have what is missing completed.

 

1. b) Discount on purchase price

 

If there was a defect in the goods when you received them or the defect occurred during the warranty period, you can always request a reasonable discount on the purchase price.

 

1. c) Replacement of goods or defective parts of goods

 

You may always request the replacement of goods or defective parts of goods, unless this is disproportionate to the nature of the defect (i.e. in particular if immediate repair of the item is not possible) and unless it is only a minor breach of contract. You do not have the right to replace goods if only a part (component) of the goods is defective. If during the complaint procedure we conclude that only a part of the goods is defective, we will replace this part. You cannot request the replacement of goods for goods sold at a lower price. Instead, you may request a discount on the purchase price. d) Repair of the item

 

If the goods can be repaired, you have the right to have the defect removed free of charge. If during the complaint procedure it becomes apparent that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.

 

 

1. d) Refund ( withdrawal from the contract)

 

the delivery of a defective or incomplete item by us constitutes a fundamental breach of contract; or
we are unable to remove the defect due to which you cannot use the item properly, or
we are unable to replace the item with this defect (e.g. the item is no longer being produced); or

you cannot use the goods properly due to the repeated occurrence of a defect after repair (occurrence of the same defect after at least two previous repairs); or

 

the goods have multiple defects (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the goods); or   
we will not meet the deadline for handling the complaint/arrange a remedy within 30 days of submitting the complaint.

 

3.3. The condition for exchanging goods or refunding money ( withdrawal from the contract) is that you return the item in the same condition in which you received it.

 

The exceptions are cases where:

 

1. a) there has been a change in condition as a result of an inspection to determine a defect in the item;

 

1. b) you used the item before the defect was discovered;

 

1. c) you have not made it impossible to return the item in its original condition through your actions or omissions; or

 

1. d) you sold the item before the defect was discovered, consumed it, or modified the item during normal use; if this happened only partially, you will return to us what you can still return and you will give us compensation up to the amount in which you benefited from using the item.

 

 

4. When can rights arising from defective performance not be exercised?

 

4.1. You do not have rights arising from defective performance if:

 

you knew about the defect before taking over the item;

you caused the defect yourself; or

The warranty period has expired.

 

4.2. The warranty and claims for liability for defects do not apply to:

 

wear and tear of the goods caused by their normal use (wear and tear caused by use also includes a reduction in the capacity of batteries and accumulators);

goods sold at a lower price – only in relation to the defect for which the lower price was agreed; or

things, if this results from their nature (especially goods that, due to their nature, cannot last for the entire duration of the warranty period).

 

 

5. How to proceed with a complaint?

 

5.1. Please submit a complaint to us without undue delay after discovering the defect.

 

5.2. We accept complaints at our headquarters. We do not have any establishment where it would be possible to complain about the goods with regard to their properties, nor do we use the services of third parties for the purposes of complaints.

 

5.3. Recommended procedure for complaints:

 

For faster processing, you can inform us about your complaint in advance by phone, email or in writing;

 

At the same time, it is appropriate to inform us of which right you have chosen from defective performance, i.e. whether you are interested in completing what is missing, a discount on the purchase price, replacing the goods or their defective parts, repairing the item, refunding the money, or other rights in accordance with these Complaints Procedures and the Civil Code;

 

deliver the claimed goods to us together with the claim or subsequently (other than cash on delivery, which we do not accept) to the registered office address, and when sending, we recommend that you pack the goods in suitable packaging to prevent damage or destruction;

 

To facilitate the procedure, it is advisable to attach a proof of purchase or a tax document - invoice , if issued, or another document proving the purchase of the goods, along with a description of the defect and a proposal for how to resolve the complaint.

 

Failure to complete any of the above steps or to submit any of the above documents does not prevent the claim from being processed in accordance with legal requirements.

 

5.4. The moment of claiming a claim is the moment when we were notified of the occurrence of a defect and the right to liability for defects in the sold item was exercised.

 

5.5. We will decide on the delivered complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including any possible removal of the defect, will be handled without undue delay, no later than 30 days from the date of the complaint, unless we agree on a longer period.

 

5.6. If you choose a right that cannot be granted to you for objective reasons (in particular in the case of irreparable defects or in the case of an exchange of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with these complaints procedures.

 

5.7. When making a complaint, we will issue you with a written confirmation of when you exercised your right, what the content of the complaint is and what method of handling the complaint you request. Furthermore (after the complaint has been handled) we will issue you with a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint.

 

5.8. In accordance with the Civil Code, you have the right to reimbursement of reasonable expenses incurred when making a complaint about the goods. Please note that you must exercise your right to reimbursement of these expenses within one month of the expiry of the period within which the defect must be pointed out.

 

 

 

This Complaints Procedure is valid and effective from 1. 1. 2026