The buyer must submit a complaint in writing, either by sending an email to info@nubiro.cz or by mail to the seller's business address: NUBIRO s.r.o., České mládeže 1096, 460 06 Liberec 6.
1. INTRODUCTORY PROVISIONS
This complaint procedure applies to the purchase of any goods according to the Purchase Agreement. The complaint procedure further specifies the rights and obligations of the Seller and the Buyer, which can be a natural or legal person, either a business or consumer, as defined in section 1 of these General Terms and Conditions. The warranty under this complaint procedure applies to goods purchased under the Purchase Agreement and for which a complaint has been filed during the warranty period.
2. DISCREPANCY WITH THE PURCHASE AGREEMENT
a) Consumer Buyer
The claims of the consumer buyer are governed mainly by the provisions of the Civil Code.
If the consumer buyer notices damage to the delivered goods (i.e., any defect in the goods), any discrepancy between the delivery note, tax document (invoice), and the actual delivered goods, or any discrepancy between the description of the goods on the delivery note or invoice and the actual delivered goods (especially in quality, quantity, size, or defectiveness), or if the correctly completed delivery note or invoice was not included in the shipment, we recommend that the buyer contact the seller without unnecessary delay after receiving the goods, in order to remove such defects.
In the case of the consumer buyer, a discrepancy with the Purchase Agreement that appears within 6 months from the receipt of the goods is considered to be a discrepancy that already existed at the time of receipt, unless it contradicts the nature of the goods or if proven otherwise. If the goods are not in accordance with the Purchase Agreement when received by the consumer buyer, the consumer buyer has the right to have the seller bring the goods into conformity with the Purchase Agreement free of charge and without undue delay, either by exchanging the goods or repairing them; if such a remedy is not possible, the consumer buyer may demand a reasonable discount on the price of the goods or withdraw from the contract.
If the consumer buyer was aware of the discrepancy with the Purchase Agreement at the time of receipt of the goods and still accepted the goods without reservation, or if the discrepancy with the Purchase Agreement was caused by the consumer buyer themselves, the consumer buyer is not entitled to have the goods brought into conformity with the Purchase Agreement free of charge.
b) Business Buyer
The business buyer must inspect the goods as soon as possible after the risk of damage to the goods passes to them. If the business buyer does not inspect the goods or fails to arrange for the inspection at the time the risk of damage to the goods passes, they can only claim defects that were found during this inspection if they can prove that the goods had these defects at the time the risk of damage to the goods passed.
The seller is liable for any defect in the goods at the time the risk of damage to the goods passes to the business buyer, even if the defect becomes apparent only after that time. The seller is also liable for any defects that arise after the time the risk of damage passes, if caused by a breach of their obligations.
If the business buyer notices damage to the goods, or any difference between the delivery note, tax document, or invoice and the actual delivered goods (especially in quantity, quality, or design), they must notify the seller of this fact without undue delay.
3. WARRANTY FOR QUALITY AND LIABILITY FOR DEFECTS OF THE SOLD GOODS (WARRANTY)
The warranty period begins on the day the goods are received by the buyer. If no warranty period is specified on the invoice, delivery note, or in the Online Store, the seller provides a warranty for 24 months from the receipt of the goods. The time from the exercise of the warranty rights until the time when the buyer is required to take the goods after the repair is not included in the warranty period. If the goods are replaced, the warranty period begins again from the moment the new goods are received.
4. EXCLUSION OF WARRANTY
The warranty does not apply and cannot be claimed in the following cases:
after the expiration of the warranty period;
wear and tear caused by normal use;
mechanical damage, damage caused by improper installation, handling, or maintenance, or neglect of ordinary care;
damage caused by use or maintenance that does not comply with the conditions specified in the documents “How to care for coins and medals made of precious metals” and “How to care for pendants made of precious metals,” which are included in the Customer Support section on the Seller’s website www.ceskamincovna.cz;
for goods sold at a lower price, the warranty does not cover defects for which a lower price was agreed;
for used goods, the seller is not liable for defects corresponding to the degree of use or wear the goods had when received by the buyer;
if items handed over by the buyer were used in the manufacture of the goods under the contract, the seller is not liable for defects caused by using those items, if the seller, with due care, could not detect the unsuitability of those items for the manufacture of the goods, or if the seller warned the buyer, but the buyer insisted on using them;
the seller is not liable for defects that the buyer knew about at the time of contract conclusion or should have known, unless the defects concern properties the goods were supposed to have according to the contract.
5. PROCEDURE FOR CLAIMING AND HANDLING COMPLAINTS
a) Consumer Buyer
The consumer buyer must deliver the claimed goods at their own cost and risk to any of the seller's business premises, preferably to the seller’s headquarters. The seller recommends submitting the goods for the claim with accessories and, if possible, in the original or replacement packaging. The seller also recommends submitting the warranty card, delivery note, or invoice along with the goods in order to expedite the complaint process; however, the buyer is always required to prove that the goods were purchased from the seller. The seller or their authorized representative will decide on the complaint immediately, or in more complex cases, within three working days. This period does not include the time reasonably required for expert assessment of the defect based on the type of product or service. A complaint receipt document will be written by the seller's representative with the consumer buyer, detailing the defect description, method, and date of complaint resolution.
The complaint, including the defect removal, must be resolved within 30 calendar days unless a longer period is agreed with the consumer buyer. The thirty-day period starts the day after the complaint is made by the consumer buyer. After this period, the consumer has the same rights as if the defect could not be removed.