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    Complaints Policy

     

    This Complaints Policy (hereinafter the “Complaints Policy”) regulates the method and conditions for making complaints about defects in goods purchased by a consumer through the Pearcontrol online shop from our company:

    PearControl s.r.o.
    registered office: Příkopy 1889, 393 01 Pelhřimov
    Company ID: 04049845
    VAT ID: CZ04049845
    registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, Insert 23663
    mailing address: Příkopy 1889, 393 01 Pelhřimov
    phone: +420 775 165 822
    contact email: info@pear-control.com

    1. For which defects in the goods are we liable?

    1.1. As the seller, we are liable for delivering the goods you ordered and for the goods being free from defects at the time of delivery. This means that at the time of delivery, the goods in particular:

    • have the properties agreed between us, those we describe, or those which you could reasonably expect given the nature of the goods and based on advertising;

    • are in the appropriate quantity, measure, or weight;

    • comply with the requirements of legal regulations;

    • are suitable for the purpose we state, or for the usual purpose for which such goods are used;

    • correspond to the quality agreed between us, or the quality required by applicable legal regulations for the type of goods in question; and

    • are free of legal defects, i.e. no third party holds proprietary rights to the goods and the goods are supplied with documents and certificates necessary for proper use.

    We are also liable for the above defects not occurring during the warranty period. Beyond the statutory warranty period for consumers, we do not provide any additional quality guarantee.

    1.2. A difference in colour shades between reality and the way they appear on electronic display devices is not considered a defect in the goods. If the goods do not meet 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 the date of receipt of the goods, unless a longer warranty period is stated on the website interface, in documents attached to the goods, or in advertising.

    2.2. If the goods are replaced or repaired, a new warranty period does not start for the new goods or for replaced parts or spare parts. However, the warranty period is extended by the time during which you could not use the goods due to the defect, in particular for the period during which the goods were under repair.

    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 2099–2117 and Sections 2165–2174.

    3.2. In accordance with the above provisions, you are in particular entitled to the following rights:

    a) Completion of what is missing

    If we deliver fewer goods than agreed, or if we deliver incomplete goods, you have the right to demand completion of what is missing.

    b) Discount on the purchase price

    If a defect existed on the goods at the time of delivery or appears during the warranty period, you may always demand a reasonable discount on the purchase price.

    c) Replacement of the goods or of a defective part

    You may demand replacement of the goods or of a defective part of the goods if this is not disproportionate in relation to the nature of the defect (especially where immediate repair is not possible) and if it does not concern only a minor breach of contract. You are not entitled to replacement of the goods if only a part (component) of the goods is defective. If, in the course of the complaint procedure, it is determined that only a component of the goods is defective, we will replace that component. You cannot demand replacement of goods sold at a reduced price; for such goods you may only demand a discount on the purchase price.

    d) Repair of the item

    If the goods can be repaired, you are entitled to free removal of the defect. If, during the complaint procedure, it turns out that we are not able to repair the goods, we will inform you without delay and you may choose another method of settlement of the complaint listed in this Complaints Policy.

    e) Refund (withdrawal from the contract)

    You may request a refund of the purchase price (withdrawal from the contract) if:

    • delivery of defective or incomplete goods from our side constitutes a substantial breach of contract; or

    • we are unable to remove a defect that prevents you from properly using the goods, or we are unable to replace the goods with such a defect (for example, the goods are no longer manufactured); or

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

    • a larger number of defects occurs on the goods (simultaneous occurrence of at least three removable defects, each of which prevents proper use of the goods); or

    • we fail to meet the deadline for handling the complaint / we do not remedy the defect within 30 days from the date the complaint was made.

    3.3. The condition for replacement of the goods or refund of the purchase price (withdrawal from the contract) is that you return the item in the condition in which you received it.

    Exceptions are cases where:

    a) the condition of the goods changed as a result of inspection carried out in order to discover the defect;
    b) you used the item before the defect was discovered;
    c) the impossibility of returning the item in an unchanged condition was not caused by your actions or omissions; or
    d) you sold the item before the defect was discovered, consumed it, or altered it during normal use; if this happened only in part, you must return to us what can still be returned and compensate us up to the amount of the benefit you gained from using the item.

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

    4.1. You are not entitled to rights 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 liability for defects do not apply to:

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

    • goods sold at a reduced price – only with respect to the defect for which the price was reduced; or

    • goods where this follows from their nature (in particular goods that by their nature cannot last the entire warranty period).

    5. How to proceed when making a complaint?

    5.1. You must make a complaint without undue delay after discovering the defect.

    5.2. Complaints are accepted at our registered office. We do not operate any business premises where the goods could be subject to complaint considering their nature, and we do not use third parties for handling complaints.

    5.3. Recommended complaint procedure:

    • For faster handling, you may inform us of the complaint in advance by phone, email, or in writing.

    • It is also advisable to inform us of which right from defective performance you have chosen, i.e. whether in accordance with this Complaints Policy you wish completion of what is missing, a discount on the purchase price, replacement of the goods or a defective part, repair of the item, a refund, or any other right under this Complaints Policy and the Civil Code.

    • Deliver the claimed goods to us together with the complaint or subsequently (not by cash-on-delivery, which we do not accept) to our registered office address. When sending the goods, we recommend packing them appropriately to prevent damage or destruction.

    • To facilitate the procedure, it is advisable to attach a proof of purchase or tax document (invoice), if issued, or another document proving the purchase of the goods, together with a description of the defect and your proposal for handling the complaint.

    Failure to fulfil any of the above steps or to submit any of the above documents does not prevent the complaint from being handled positively in accordance with statutory conditions.

    5.4. The moment the complaint is made is the moment when we are notified of the occurrence of the defect and the right from liability for defects in the sold item is exercised.

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

    5.6. If you choose a right that cannot be granted for objective reasons (particularly in the case of non-removable defects or replacement of goods that is not possible), we will contact you without delay. In such a case, you may choose another right in accordance with this Complaints Policy.

    5.7. When you make a complaint, we will issue a written confirmation stating when you exercised the right, what the content of the complaint is, and which method of handling you request. After the complaint has been handled, we will provide you with confirmation stating the date and method of settlement, including confirmation of 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 reasonably incurred costs associated with making a complaint. Please note that you must exercise this right to reimbursement within one month after the expiry of the period in which the defect must be notified.

    This Complaints Policy is valid and effective from 2 April 2019.