This Complaints Procedure governs the manner and conditions for filing complaints (claims) regarding defects in goods purchased through the e-shop operated by:
ERVO INDUSTRY TECHNOLOGY s.r.o. Bezručova 605, 276 01 Mělník, Czech Republic Company ID (IČO): 19777728 Registered with the Municipal Court in Prague, Section C, Insert 391387 E-mail: info@ervotechnology.eu Phone: +420 607 060 054
This Complaints Procedure forms an integral part of the e-shop’s Terms and Conditions and is governed by the relevant Czech legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection.
1. Seller’s liability for defects
The Seller is liable to the Buyer for the goods being free of defects upon receipt, and for retaining their usual properties and fitness for their usual purpose throughout the period during which a claim may be made.
2. Length of the warranty period / period for exercising rights from defective performance
- For consumers (a Buyer who is a natural person purchasing outside the scope of their business activity), the period for exercising rights from defective performance is 24 months from receipt of the goods, unless a special legal regulation or the Seller provides a longer period.
- For a Buyer who is an entrepreneur purchasing goods in connection with their business activity, rights from defective performance are governed by the provisions of the Civil Code on purchase agreements between entrepreneurs; the warranty period may be adjusted by individual agreement.
- The warranty does not cover normal wear and tear caused by ordinary use, nor defects caused by improper use, mechanical damage, unauthorised intervention, or failure to observe the conditions stated in the product’s technical/safety data sheet (in particular for technical fluids, filaments and plastic regrind, where recommended storage and processing conditions must be observed).
3. How to file a complaint
A complaint may be filed:
- by e-mail to info@ervotechnology.eu,
- by phone at +420 607 060 054,
- in writing to the company’s registered address above.
We recommend including with the complaint:
- proof of purchase (invoice, order confirmation e-mail),
- a description of the defect and how it manifests,
- photographs of the defect, if possible,
- for returned goods, the goods themselves (in original packaging, if possible).
4. Deadlines for handling a complaint
The Seller shall decide on the complaint immediately, or within 3 business days in complex cases. The complaint, including remedying the defect, must be resolved, and the Buyer informed, no later than 30 days from the date the complaint was filed, unless the Seller and Buyer agree on a longer period.
5. How a complaint is resolved
Depending on the nature of the defect, a Buyer who is a consumer is entitled to:
- free repair of the goods,
- replacement of the goods with new ones,
- a reasonable discount on the purchase price,
- withdrawal from the contract (if the defect constitutes a material breach of contract or cannot be remedied).
The Buyer will be informed of the resolution of the complaint by e-mail or phone, in the manner indicated when filing the complaint.
6. Cost of the complaint
If the complaint is recognised as justified, the cost of returning the goods to the Buyer is borne by the Seller. If the complaint is found unjustified, the costs associated with returning the goods are borne by the Buyer.
7. Exclusions from complaints
A complaint cannot be filed in particular in cases of:
- expiry of the period for exercising rights from defective performance,
- defects caused by improper handling, storage contrary to the manufacturer’s recommendations, mechanical damage, or normal wear and tear,
- goods sold at a discount due to a defect that the Buyer was informed of at the time of purchase.
8. Contact for dispute resolution
If no agreement is reached between the Seller and the consumer, the consumer may turn to the Czech Trade Inspection Authority (www.coi.cz) with a proposal for out-of-court resolution of the consumer dispute, or to the European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.