HOW TO INITIATE A RECLAMATION OR MAKE A COMPLAINT
1. Fill in the complaint form (you received it in the package, or you can download it here: reclamation form pdf).
In the complaint form, state:
The details of the claimed product (code, name, color, size) - you will find this information on the receipt or on the invoice;
Defect or reason for complaint;
Number of the invoice or receipt;
Your address and phone number.
2. Send the goods which are the subject of the claim together with the completed form and a copy of the invoice to:
Bushman, Benešovská 75, 257 22 Městečko - Nespeky, Czech Republic or take it to any of our stores.
Reclamation / Complaints Procedure
This complaint procedure regulates complaints about goods purchased by consumers in the Bushman.cz online store and was prepared in accordance with Act No. 89/2012 Coll., of The Civil Code as amended, and Act and Act No. 634/1992 Coll., on consumer protection as amended.
1. The buyer's right to claim goods as defective
If there is a defect in any purchased goods, the buyer has the right to complain about this defect, to the seller, which is the company: Bushman s.r.o., IČ: 25618601, at Benešovská 75, 257 22 Nespeky - Městečko, Czech Republic
and there is the same extent of rights and obligations to the buyer from the franchising partners operating the "BUSHMAN" brand:
Ing. Zdeněk Filip, IČ: 633 68 935, at the registered office: Jiráskova 251/51, PSČ 602 00 Brno – město, Czech Republic
for sales from BUSHMAN Brno-Vaňkovka, -Královo Pole, -Futurum stores and the BUSHMAN Šantovka store, Olomouc;
ASCORIA, IČ: 2542261, with its seat at Hlavenec 140, PSČ:294 74, Czech Republic for sales from BUSHMAN Prague-Zličín.
The buyer must file a complaint without undue delay after he or she has been able to find it out with a timely inspection and with sufficient care by sending it to the Internet shop address: www.bushman.cz: Bushman s.r.o., Benešovská 75, 257 22 Nespeky - Městečko, Czech Republic.
The complained-of goods are submitted by the buyer for a complaint or reclamation, properly cleaned so that the general principles of hygiene do not prevent their acceptance by the seller from the buyer, together with proof of purchase from the seller. It is advisable to send the goods in a suitable package for transportation, because the seller is not liable for any mechanical damage that may have occured before receiving the goods.
In particular, goods sold at a lower price cannot be claimed for a defect for which a lower price has been agreed and nor for wear and tear of the goods caused by normal use.
The seller must ensure the proper handling of complaints.
Complaints, including the elimination of defects, must be handled:
- without undue delay, no later than 30 days from the date of the complaint, with the day of the complaint being the day on which the seller receives from the buyer the claimed goods and a duly completed complaint form
- or possibly in a longer period, which the seller agrees with the buyer in writing
2. Product defects
Za vadu zboží nelze považovat změnu zboží, která vznikla v průběhu záruční doby v důsledku nesprávného používání, nesprávného zásahu, pokud kupující vadu sám způsobil, nebo při způsobení vady vnější událostí, kterou nezpůsobil prodávající, zejména je-li příčinou vzniku vady:
A defect of the goods cannot be considered as a change in the goods caused during the warranty period if due to improper use, incorrect intervention, if the buyer caused the defect himself, or when the defect was caused by an external event not caused by the seller, especially if the cause of the defect was by:
- an inappropriate combination of materials worn together that damage the goods
- mechanical damage to goods: cutting, tearing, localized over-brushing
- any interference with the goods
- damage to the goods by chemicals
- failure to observe the care symbols on the internal label of the goods (see ‘Care of BUSHMAN goods’)
3. Deadline for making a complaint
The buyer is entitled to exercise the right of a defect that occurs in the goods within 24 months of receipt from the seller. The period for exercising the rights from defects in the goods, or the warranty period, is stated in the description of each product. The purchase of goods is evidenced by the buyer with proof of purchase from the seller, which also serves as a warranty card.
The warranty period is not to be confused with the service life of the goods (ie the time which the goods can withstand, due to their properties, their given purpose and the differences in the intensity of their use) according to their correct use and care.
If the defective goods are replaced with new ones, the period for making a complaint continues to the elapse of 2 years from the conclusion of the purchase contract.
4. Protocol for complaints about goods
The seller will accept the goods for complaint together with a duly completed complaint form, which is available for download, as:
reclamation form (pdf).
5. Assessment of complaints
The seller shall decide on the complaint without undue delay, but no later than within three working days, which does not include any time necessary for a professional assessment of the defect. The decision on whether the defect is remediable or irremediable belongs only to the seller. The manufacturer will consider any disputed complaints.
a) remediable defects - are those whose removal does not affect the appearance of the goods, their function and quality, and whose repair can be carried out within the time limit set for the settlement of the complaint, see. 1.
b) irreparable defects - are those that prevent the goods from being used properly, or they cannot be completely removed.
After the decision on the complaint, the seller will issue the buyer by e-mail a confirmation (complaint report) of when the complaint was filed, what is the content of the complaint, what method of handling the buyer requires, and confirmation of the date and method of handling the complaint, including confirmation of possible repairs and their duration, or the justification for rejecting the complaint.
After the complaint has been settled, depending on the nature of the claimed defect, either the repaired goods are returned, or new goods are sent, or a part thereof (if the defect concerns only a part of the goods), or a reasonable discount is provided from the purchase price or the purchase price is refunded for the claimed goods.
In the event of a justified complaint, the buyer has the right to the reimbursement of postage in the amount of the necessary costs for safe delivery (it is necessary to provide proof of this transport). In the event of an unjustified complaint, the buyer is not entitled to reimbursement of its costs associated with the settlement of the complaint.
6. Complaint Resolution
a) Remediable defects see. 5a)
- are usually removed free of charge by repair
- if this can be considered reasonable due to the nature of the defect and if the goods have not yet been used, the buyer may request the delivery of new goods without defects; if it is not possible to deliver new goods without defects, the buyer has the right to withdraw from the purchase contract
- if the buyer does not request the repair of the goods, the delivery of new goods without defects, nor does he withdraw from the purchase contract, he or she may request a reasonable discount.
b) irreparable defects see 5b)
- it is possible to request delivery of new goods without defects
- it is possible to withdraw from the purchase contract
- if the buyer does not request the delivery of new goods without defects, nor does he or she withdraw from the purchase contract, he or she may demand a reasonable discount.
c) remediable defect see 5a) recurring to the goods even after the previous two repairs or at least three simultaneously occurring remediable defects see 5a)
- it is possible to request delivery of new goods without defects - it is possible to withdraw from the purchase contract
- if the buyer does not request the delivery of new goods without defects, nor does he or she withdraw from the purchase contract, he or she may request a reasonable discount.
d) goods claimed as defective will be returned to the buyer in case of the complaint’s rejection.
e) in case of any disagreement with the expressed opinion of the complaint, the buyer can contact a forensic expert (www.justice.cz) or via ADR - out-of-court settlements of consumer disputes – at www.adr.coi.cz
If any defects in the goods relate only to a part of the goods, the buyer may request the replacement of only that part.
In the event of withdrawal from the purchase contract, the seller returns to the buyer all funds, including the costs incurred by the buyer for the delivery of the goods, but only to the amount corresponding to the most economical method of delivery of the goods offered by the seller.
7. Other Issues
Gifts that are provided completely free of charge cannot be subject to any rights arising from defective performance.
Any consignment for which the reason for its dispatch to the seller is not obvious will be returned to the consignor if the consignment contains the data necessary for its return.
These Complaint Rules apply only to consumer contracts and to obligations arising therefrom in the sense of the provisions of Section 1810 of the Civil Code. For non-consumer contracts, the general legal regulation applies when exercising rights arising from defective performance.
This Complaints Procedure is available to the buyer before purchasing the goods on request. All other rights of the buyer, which are related to the purchase of the item(s), are not affected.