Complaints Procedure

CONTENTS

I. BASIC PROVISIONS
II. RESPONSIBILITY OF THE SELLER FOR PROPER PERFORMANCE
A. PROVISIONS COMMON TO ALL BUYERS
B. PROVISIONS EXCLUSIVELY FOR BUYERS WHO ARE NOT ENTREPRENEURS
III THE BUYER'S RIGHTS FROM THE SELLER'S DEFECTIVE PERFORMANCE
A. PROVISIONS EXCLUSIVELY FOR BUYERS WHO ARE NOT ENTREPRENEURS
B. PROVISIONS EXCLUSIVELY FOR BUYERS - ENTREPRENEURS
C. PROVISIONS COMMON TO ALL BUYERS
IV. COMPLAINTS ABOUT GOODS (NOTIFICATION OF DEFECTS)
A. PROVISIONS COMMON TO ALL BUYERS
B. PROVISIONS EXCLUSIVELY FOR BUYERS WHO ARE NOT ENTREPRENEURS
C. PROVISIONS EXCLUSIVELY FOR BUYERS - ENTREPRENEURS
V. COMPLAINT PROCEDURE AND COMPLAINT SETTLEMENT
VI. QUALITY GUARANTEE
VII. FINAL PROVISIONS

1. Basic provisions

1.1. Definition of concepts

The Complaints Procedure uses terms with the following meanings:

CC, Civil Code	Code Act no. 89/2012 Coll., of the Civil Code, as amended.
Terms and Conditions	Terms and Conditions of PUMPA,a.s., as amended.
Complaints Procedure	This Complaints Procedure as amended.
PUMPA, Seller	The company PUMPA,a.s., Business ID No.: 25518399, with registered address at U Svitavy 54/1, Černovice, 618 00 Brno, listed in the Commercial Register kept at the Regional Court in Brno under file number B 2555.
E-shop	An internet shop operated by the Seller, located on the website www.pumpa.eu
Buyer	A person who places an order for goods and thus enters into a Purchase Contract with the Seller. The Buyer may be a Consumer or another person, in particular an Entrepreneur.
Entrepreneur	A person who independently carries out, on his/her own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit and who concludes the Purchase Contract in connection with this activity. If a person provides his/her Business ID number or tax ID number in the registration or when concluding the Purchase Contract, the Terms and Conditions for Entrepreneurs shall apply, unless the person proves that he/she is acting without connection to the exercise of his/her gainful activity. The rules for the Entrepreneur also apply if another person acts on behalf of or in the name of the Entrepreneur.
Consumer	A person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes the Purchase Contract with the Seller or otherwise deals with him/her.
Contracting Parties	The Seller and Buyer together.
Purchase Contract	Purchase Contract concluded between the Parties via e-shop.

1.2. Subject of the Complaints procedure

The Complaints Procedure regulates the rights and obligations arising from defective performance under the Purchase Contract between the Seller and the Buyer, as well as the terms of notification of defects (complaints), the exercise of rights from defective performance and the procedure for handling complaints. 

2. Responsibility of the Seller for proper performance

A. Provisions common to all Buyers

2.1. Proper performance of the Seller.

The Seller is liable to the Buyer for the fact that the goods are free from defects when the risk of damage passes to the Buyer, i.e. that they correspond to the agreed quality, the agreed design and are delivered in the agreed quantity. If the quality and design of the goods have not been agreed, the Seller is liable to the Buyer for the fact that the goods are suitable for the purpose evident from the Purchase Contract, and if no such purpose is evident, then for the usual purpose. 

2.2. Exceptions to the Seller's responsibility.

The Seller is not responsible for the following: 
a) defects of which the Buyer knew before taking possession of the goods or which the Buyer must have known with the exercise of ordinary care already at the conclusion of the Purchase Contract;
b) defects caused by the Buyer, in particular by improper handling of the goods or improper assembly of the goods, if the assembly was not carried out by the Seller, use of the goods for purposes other than those intended, use of the goods in violation of the instructions for use or storage of the goods in unsuitable conditions;
c) defects for which a lower price for the goods has been agreed with the Buyer;
d) in the case of used goods, for defects corresponding to the degree of use or wear and tear that the goods had when taken possession of by the Buyer;
e) in cases where the nature of the goods so requires (e.g. when disposable goods are consumed, etc.). 

B. Provisions exclusively for Buyers who are not entrepreneurs

2.3. Proper performance of the Seller.

In addition to paragraph 2.1, the Seller shall be liable to the Buyer, who is not an Entrepreneur, for the fact that the goods are free from defects upon receipt and that the goods, in particular:
a) have the characteristics agreed between the Parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of any advertising the goods are subject to.
b) are fit for the purpose stated by the Seller or for which goods of that kind are usually used,
c) correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to an agreed sample or specimen,
d) are in the appropriate quantity, measure or weight; and
e) meet any legal requirements.

2.4. Presumption of the existence of a defect upon receipt of the goods.

If the Buyer is not an Entrepreneur, the goods shall be deemed to have been defective upon receipt if the defect becomes apparent within 6 (six) months of receipt of the goods.

2.5. Confirmation of rights concerning defective performance.

If the Buyer, who is not an Entrepreneur, so requests, the Seller shall confirm to him/her in writing to what extent and for how long his/her obligations in case of defective performance last.

3. The Buyer’s rights from the Seller’s defective performance

A. Provisions exclusively for Buyers who are not entrepreneurs

3.1. Rights concerning defective performance (method of resolving complaints).

In case of defective performance of the Seller, the Buyer, who is not an Entrepreneur, has the right to:
a) remedy of the defect by repairing the goods, supply of new goods without defects, replacement of a part of the goods or supply of missing goods,
b) an adequate discount on the purchase price, or 
c) withdrawal from the Purchase Contract; the details of withdrawal from the Purchase Contract are set out in the Terms and Conditions.
The following rules listed stated below apply to individual claims.

3.2. Repair and exchange.

If the goods are defective, in the first instance the Buyer has the right to demand repair of the goods or delivery of new goods (replacement) and if the defect concerns only a part of the goods, then also to the replacement of only this defective part. However, the Buyer may only request delivery of new goods without defects if this is not unreasonable due to the nature of the defect (e.g. not if the goods can be easily and quickly repaired or a part replaced). However, if the Buyer cannot use the goods properly due to the recurrence of the defect after the repair (i.e. after the goods have been repaired at least twice before) or due to a greater number of defects (at least 3), he/she has the right to replacement of the goods or parts or to withdraw from the Purchase Contract.

3.3. Additions.

If the Seller has not delivered everything he/she should have, the Buyer has the right to demand that the Seller supplies what is missing.

3.4. Discount on the purchase price.

If no other right applies, the Buyer may receive a reasonable discount on the purchase price. Similarly, the Buyer has the right to receive a reasonable discount on the purchase price if he/she has exercised the right to remove the defect, but the Seller cannot remove the defect, does not arrange a remedy within a reasonable time or would cause significant difficulties to the Buyer. 

3.5. Goods sold due to a defect at a lower price or used goods.

If the defect relates to goods sold at a lower price (due to another defect that the goods already had when purchased) or used goods, the Buyer does not have the right to exchange the goods. Instead, the Buyer is entitled to a reasonable discount on the purchase price.

B. Provisions exclusively for Buyers - Entrepreneurs

3.6. Rights concerning defective performance (method of resolving complaints) in the event of a material breach of the Purchase Contract.

If the Buyer - Entrepreneur gives notification of the defect properly and on time, in case of defective performance of the Seller, which is a material breach of the Purchase Contract, the Buyer has the right to:
a) remedy of the defect by repairing the goods, supply of new goods without defects, 
b) remedy of the defect by repairing the goods, 
c) an adequate discount on the purchase price, or 
d) withdrawal from the Purchase Contract; the details of withdrawal from the Purchase Contract are set out in the Terms and Conditions.

3.7. Rights concerning defective performance (method of resolving complaints) in the event of a non-material breach of the Purchase Contract.

If the Buyer - Entrepreneur gives notification of the defect properly and on time, in case of defective performance of the Seller, which is not a material breach of the Purchase Contract, the Buyer has the right to:
a) removal of the defect(s), 
b) adequate discount on the price of the goods.

3.8. Missing or late choosing of the right arising from defective performance constituting a material breach of the Purchase Contract.

If the Buyer - Entrepreneur gives notification of a defect in the goods that constitutes a material breach of the Purchase Contract, but does not choose a specific right (method of resolving the complaint) at the same time as the notification of the defect or without undue delay thereafter, he/she may in such a case exercise only the rights from the defective performance that does not constitute a material breach of contract. 

3.9. Missing or late choosing of the right arising from defective performance not constituting a material breach of the Purchase Contract.

If the Buyer - Entrepreneur gives notification of a defect in the goods that constitutes a non-material breach of the Purchase Contract, but does not choose a specific right (method of resolving the complaint) at the same time as the notification of a defect in the goods, or without undue delay thereafter, the Seller is in such a case entitled at its choice to deliver the missing goods or eliminate the defect in the goods by repair or replacement with new goods However, the Seller must not cause the Buyer - Entrepreneur to incur unreasonable costs by choice. 
C. Provisions common to all Buyers

3.10. Inability to exercise the right to delivery of new goods and withdrawal from the Purchase Contract.

The Buyer cannot exercise the right to delivery of new goods (replacement), nor to withdraw from the Purchase Contract as a result of defective performance of the Seller, if the goods cannot be returned in the condition in which they were received. This is not valid in the following instances:
a) if the condition of the goods has changed as a result of their inspection for the purpose of detecting a defect in the goods,
b) if the Buyer used the goods before the defect was discovered,
c) if the Buyer has not caused the impossibility of returning the goods in unaltered condition by act or omission, or,
d) if the Buyer was sold the defective goods before the discovery of the defect, if he/she consumed them or if he altered them during normal use; if this happened only in part, the Buyer shall return to the Seller what he/she can still return from the goods and shall compensate the Seller to the extent to which he/she benefited from the use of the goods.

4. Complaints about goods (Notification of defects)

A. Provisions common to all Buyers

4.1. Notification of defects (complaints).

The Buyer is obliged to notify the Seller of the defect in a proper and timely manner. Within the notification of defects of the goods, the Buyer is obliged to describe all claimed defects of the goods and their manifestations, the Buyer acknowledges that if he/she does not provide a description of the claimed defects of the goods and how these defects are manifested, the Seller cannot proceed to the settlement of the complaint in relation to such claimed defects and such notification will not be considered as a proper notification (complaint) of the defect. The Seller recommends the Buyer to include his/her contact details (or bank account number in case of a refund) in the notification of defects. The Buyer is recommended to attach a proof of purchase of the claimed goods (invoice) to facilitate the settlement of the complaint. The Buyer can send the Seller notification of defects in the following ways: 
- in electronic form by e-mail at e-mail [email protected] or
- in written form to the address PUMPA,a.s., U Svitavy 1, 618 00 Brno, or
it can be done by handing over to the Seller in person at the Seller's shop or service centre.

4.2. Right to choose concerning defective performance (method of resolving complaints).

The Buyer shall inform the Seller their choice regarding the defective performance (i.e. the specific method of resolving the complaint) when giving notification of the defect or without undue delay thereafter. The Buyer cannot change the choice made without the consent of the Seller. However, this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable. 

B. Provisions exclusively for Buyers who are not Entrepreneurs

4.3. Exercise of rights arising from defective performance, time limit for notification of defect (complaint).

The Buyer who is not an Entrepreneur is entitled to exercise the right to claim for defects that occur in consumer goods within 24 (twenty-four) months of receipt of those goods. This provision is without prejudice to the Buyer's rights under any quality guarantee.

C. Provisions exclusively for Buyers - Entrepreneurs

4.4. Exercise of rights concerning defective performance.

The Buyer - Entrepreneur is entitled to claim the right of defect only if the goods were defective when the risk of damage was transferred to the Buyer - Entrepreneur, even if the defect appeared later. 

4.5. Written form of complaint.

The Buyer - Entrepreneur must notify the Seller of the defect in writing, whether in paper or electronic form. Notifications of defects made in any other form may not be taken into account by the Seller and in such case shall not constitute a proper notification of defect.

4.6. Deadline for notification of defects (complaints).

The Buyer - Entrepreneur is obliged to give notification of the defect without undue delay after it could have been detected by taking sufficient care and carrying out a timely inspection of the goods. If it is a hidden defect, the Purchaser - Entrepreneur is obliged to report it within 10 (ten) days after discovering or taking sufficient care could have discovered it, but no later than 2 (two) years after taking possession of the item. If the Buyer fails to do so, the Seller is not liable for the defects, and therefore the Seller is entitled to reject the complaint and not to grant the right of defective performance to the Buyer - Entrepreneur.

4.7. Exclusion of the provisions of Section 2108 CC.

The Buyer - Entrepreneur cannot exercise the right according to the provisions of Section 2108 CC. 

5. Complaint procedure and complaint settlement

5.1. Cooperation of the Buyer - Consumer.

For proper settlement of the complaint, the Buyer is obliged to provide the Seller with the necessary cooperation. In particular, the Buyer is obliged to deliver the claimed goods to the Seller at the same time as the notification of the defect or immediately thereafter, or to store them according to the Seller's instructions or to handle them in any other appropriate way so that the claimed defect can be examined. To speed up the settlement of the complaint, the Seller recommends delivering the goods to PUMPA,a.s., U Svitavy 1, 618 00 Brno. In the case of sending the goods subject to complaint via a carrier, the Buyer is obliged to secure the goods in such a way so that they do not suffer damage. The Buyer is also obliged to provide the Seller with all the necessary information or all documents necessary to settle the complaint (e.g. to prove the conclusion of the Purchase Contract). 

5.2. Deadline for settlement of the Buyer - Consumer's complaint

Complaints made by the Buyer - Consumer shall be settled by the Seller without undue delay, but no later than 30 (thirty) days from the date of the complaint, unless the Seller and the Buyer - Consumer agree on a longer period of time with regard to the nature of the goods or defect. Allowing this period to expire without taking the necessary action shall be considered a material breach of the Purchase Contract by the Seller. If the Buyer-Consumer has not delivered the goods subject to the complaint to the Seller at the same time as the complaint and 
- if he/she fails to deliver the goods subject to the complaint to the Seller even if subsequently requested by the Seller within the time limit set by the Seller; or
- if the Seller has instructed the Buyer-Consumer to store the goods subject to the complaint or otherwise dispose of them appropriately so that the Seller can examine the claimed defect, and the Buyer - Consumer does not provide the Seller with the necessary cooperation to enable the Seller to examine the claimed defect, even at the request of the Seller and within the time limit set by the Seller,
the Seller is entitled to reject the complaint due to the Buyer - Consumer not providing the necessary cooperation to facilitate resolution of the complaint.

5.3. Deadline for settlement of the Buyer’s (who is not a Consumer) complaint. 

Complaints made by the Buyer, who is not a Consumer, shall be processed by the Seller within a period of time appropriate to the nature of the goods subject to the complaint and the content of the complaint. The deadline is always at least 30 (thirty) days and starts from the moment when the Seller receives from the Buyer the notification of the defect and the goods in question. If the Buyer has not delivered the goods subject to the complaint to the Seller at the same time as the complaint and 
- if he/she fails to deliver the goods subject to the complaint to the Seller within 15 (fifteen) days after he/she has been notified of the defect or
- if the Seller has instructed the Buyer to store the goods subject to the complaint or otherwise dispose of them appropriately so that the Seller can examine the claimed defect, and the Buyer does not provide the Seller with the necessary cooperation to enable the Seller to examine the claimed defect, and not within 15 (fifteen) days from the date on which the Seller was notified of the defect,
the Seller is entitled to reject the complaint due to the Buyer not providing the necessary cooperation to facilitate resolution of the complaint. The Seller's prior call to deliver the goods or to provide assistance is not required. The Buyer is also obliged to provide the Seller with all the necessary information or all documents necessary to settle the complaint (e.g. to prove the conclusion of the Purchase Contract). The period of time during which the Buyer is in delay in providing the assistance required for the settlement of the complaint shall be extended without further delay.

5.4. Settlement of the Buyer's complaint.

The complaint is classed as settled at the moment when the Seller informs the Buyer how the complaint has been settled. 

5.5. Complaint costs

If the complaint is justified, the Buyer is entitled to reasonable compensation for the costs incurred in exercising his/her right. 

5.6. Acceptance of the goods after the complaint has been settled.

If the Buyer does not pick up the goods (if a personal pick-up of the goods has been agreed) after the settlement of the complaint within 30 (thirty) days from the date on which he/she was notified of the settlement of the complaint, or if he/she fails to deliver the goods within this period for reasons on his/her side (if delivery by carrier has been agreed), the Seller is entitled to reimbursement of the costs associated with the storage of the goods for each day of delay in picking up (taking possession of) the goods. The Seller is entitled to sell the goods on behalf of the Buyer's, in an appropriate manner after giving the Buyer notice of a reasonable deadline to take delivery of the goods. The proceeds of the sale shall be paid to the Buyer, but costs associated with the storage of the goods and reasonable costs associated with the sale may be deducted.

5.7. Confirmation of the validity of the Buyer - Consumer's complaint.

After accepting the complaint, the Seller shall issue (deliver) to the Buyer - Consumer a written confirmation of when the Buyer - Consumer exercised the right, what is the content of the complaint and what method of settling the claim the Buyer - Consumer requires. 

5.8. Confirmation of the settlement of the Buyer - Consumer's complaint.

After settlement of the complaint, the Seller shall issue (deliver) to the Buyer - Consumer a confirmation of the date and method of settlement of the complaint, including confirmation of any repair and its duration, or written justification for the rejection of the complaint.

6. Quality guarantee

6.1. Providing a quality guarantee.

If the Seller provides the Buyer with a quality guarantee for the goods, the Seller undertakes that the goods will be fit for use for their usual purpose or that they will retain their usual characteristics during the guarantee period. The quality guarantee is not obliged to be provided by law. The quality guarantee is provided by the Seller in particular if the goods are marked in the e-shop with an indication of the warranty (e.g. "extended warranty") or if the goods are accompanied by a warranty certificate, even if the Seller is not mentioned on the warranty certificate, nor is it confirmed by the Seller. 

6.2. Relationship of the quality guarantee to the Seller's liability for defects.

Regardless of whether or not a quality guarantee (warranty) is provided, the Buyer's rights under the Seller's liability for defective performance are not affected. The Buyer acknowledges that the Seller also sells goods manufactured or supplied to the Seller by third parties. These goods may be accompanied by warranty certificates or other documents containing warranty conditions drawn up by third parties, while the Seller is not in principle able to influence these warranty conditions. However, the warranty conditions, regardless of where they are stated, always refer only to the quality guarantee, not to the Seller's liability for defective performance arising from the Purchase Contract and legal regulations, and therefore do not limit this liability in any way. If a quality guarantee is provided, but according to the warranty conditions no rights beyond the Seller's liability for defective performance arise for the Buyer, or even the scope of the warranty in relation to the Buyer is narrower than the Seller's liability for defects, then the warranty conditions in relation to the Buyer are not taken into account and the scope of the Seller's liability for defective performance arising from the Purchase Contract and legal regulations is not affected in any way. 

6.3. Quality guarantee.

If the Seller provides the Buyer with a quality guarantee for the goods, the Buyer is entitled to exercise the right arising from defective goods covered by the guarantee (warranty defect) within the warranty period, usually indicated on the warranty card or packaging or in the e-shop. This right may be subject to additional (warranty) conditions, usually also stated on the warranty card or packaging of the goods or in the e-shop or in the Complaints Procedure.

6.4. Warranty conditions.

The scope of defects covered by warranty, the Buyer's rights regarding warranty defects, the conditions for exercising rights under warranty defects and other warranty conditions are set out in this Complaints Procedure, on the warranty card or other documents supplied with the goods, on the packaging of the goods or in the e-shop. If the warranty conditions stated on the warranty certificate or other documents supplied with the goods, on the packaging of the goods or in the e-shop stipulate something different from the Complaints procedure, then these warranty conditions take precedence over the provisions of the Complaints procedure to the extent applicable.

6.5. Rights under the quality guarantee.

Under the quality guarantee, the Buyer has the right to have the defect covered by the warranty rectified either by repair of the goods or delivery of new goods. The Seller decides how to remove the defect. The provisions of Article III of the Complaints Procedure shall not apply in the case of defects covered by the warranty.

6.6. Deadline and form of notification of warranty defects.

The Buyer is obliged to notify the Seller of the defect covered by warranty within 10 (ten) days of its discovery or possibility of it being discovered if sufficient care had been taken. If the Buyer fails to do so, the Seller shall not be liable for the defect covered by warranty. The Buyer must notify the Seller of the defect covered by warranty in writing, whether in paper or electronic form. Notifications of defects made in any other form may not be taken into account by the Seller and in such case shall not constitute a proper notification (complaint) of a defect covered by warranty.

6.7. Complaint settlement.

The provisions of paragraphs 5.1, 5.3, 5.4, 5.5, 5.6 of the Complaints Procedure shall apply equally to all Buyers (Buyer - Consumers and Buyers who are not classed as Consumers). The Seller shall settle the complaint within a period of time appropriate to the nature of the goods subject to complaint and the content of the complaint.

7. Final Provisions

7.1. Legal regime.

This Complaints Procedure is an integral part of the Terms and Conditions and therefore also of the Purchase Contract.

7.2. Changes to the Complaints procedure.

The Seller has the right to change the Complaints Procedure at any time. However, relations between the Seller and the Buyer arising before the effective date of the amendment to the Complaints Procedure shall continue to be governed by the Complaints Procedure as in force on the date when these relations arose.

7.3. References in the Complaints Procedure.

If a reference in the Complaints Procedure to another provision of the Complaints Procedure is incorrect, such a reference shall be deemed as being to the provision of the Complaints Procedure which most closely corresponds to the meaning of the reference made. 

7.4. Validity and effectiveness of the Complaints Procedure.

The Complaints Procedure shall come into force and effect on 01.08.2022.