Refund policy
WITHDRAWAL FROM THE PURCHASE CONTRACT
1.1. The Buyer acknowledges that, among other things, it is not possible to withdraw from the Purchase Contract for the supply of goods which have been modified according to the Buyer's wish or for himself, from the Purchase Contract on the perishable goods as well as with other goods, from the Purchase Contract for the supply of sealed goods, which the Buyer removed from the package and for hygienic reasons, it cannot be returned and from the Purchase Contract for the delivery of audio or video recordings or computer programs if they have broken their original packaging.
1.2. Unless the case referred to in paragraph 1.1 or any other case where the Purchase Contract cannot be withdrawn, the Buyer - Consumer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days from receipt of the goods, where in the case of the Purchase Contract if several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Contract, the Buyer - consumer can use the model form provided by the Seller, which is attached to the business conditions. In the case of withdrawal from the contract by the Buyer - consumer using the form referred to in the previous sentence, the Seller confirms to the Buyer - consumer receipt of this form without undue delay after its receipt. Withdrawal from the contract can be sent by the Buyer to the address of the Seller's registered address in the tax document (invoice), or to the Seller's e-mail address: info@ioola.com.
1.3. Buyer - entrepreneur has the right to withdraw from the Purchase Contract in accordance with the provisions of § 2002 of the Civil Code, if the Seller violates the Purchase Contract in a significant way. The Seller's delay is not a substantial breach of the Purchase Contract.
1.4. In case of withdrawal from the Purchase Contract according to paragraph 1.1. and 1.3. of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The Goods must be returned (sent) by the Buyer - Consumer (s) within fourteen (14) days of withdrawal from the Contract to the Seller and the Buyer - Entrepreneur must be returned (sent) simultaneously with the withdrawal from the Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer bears the cost of returning the goods to the Seller, even if the goods can not be returned by its nature by normal mail.
1.5. In case of withdrawal from the contract according to paragraph 1.1. and 1.3. of the Terms and Conditions, the Seller shall return funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer - Consumer and within thirty (30) days of withdrawal from the Purchase Contract by the Buyer - Entrepreneur. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods sent to the Seller.
1.6. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
1.7. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the contract at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
1.8. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the proviso that if the Buyer withdraws from the Purchase Contract, the gift contract for such a gift ceases to be effective. provided gift.
1.9. The Seller may charge the Buyer - entrepreneur in connection with the return of the goods a lump sum of 119 CZK if the goods are dispatched in the Czech Republic and the amount of 250 CZK or 15 EURO if the goods are dispatched to the European Union or 25 USD in other countries as a handling fee.
COMPLAINTS PROCEDURE
INTRODUCTORY PROVISIONS
1.1. These Complaints Rules have been prepared in accordance with Act No. 89/2012 Coll., The Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.
1.2. These Complaints Procedure applies to the conclusion of all Purchase Contracts between the Seller and another person (hereinafter referred to as the "Buyer"), which may be a consumer in accordance with Section 419 of the Civil Code (hereinafter referred to as "Buyer - Consumer") Section 420 of the Civil Code (hereinafter referred to as the "Buyer - Entrepreneur"), and is an integral part of any Purchase Contract concluded between the Seller and the Buyer (hereinafter referred to as the "Purchase Contract").
1.3. The Seller shall be liable to the Buyer for the fact that the goods are free from defects upon receipt by the Buyer. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
1.3.1. the goods have the properties agreed by the Seller and the Buyer and, in the absence of an agreement, those properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising they carry out,
1.3.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
1.3.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
1.3.4. the goods are of a corresponding quantity, measure or weight,
1.3.5. the goods comply with legal requirements.
1.4. The Seller undertakes to provide the Buyer - Consumer with a quality guarantee for the purchased goods for a period of 24 months starting from the moment of receipt of the goods by the Buyer - Consumer in accordance with the Purchase Contract. If the Seller or the manufacturer specifies a longer period for a specific goods or part thereof, the Seller undertakes to provide the Buyer - Consumer with a quality guarantee of this length, provided the Buyer - Consumer complies with the conditions required by the Manufacturer of the goods. application of the extended warranty and known to the Buyer - consumer. During this warranty period, the Seller undertakes that the goods or a part thereof will be fit for use for the agreed or usual purpose for a specified period of time and will retain the agreed or usual properties.
1.5. In the event that the Purchase Contract, warranty card, advertising or packaging of goods sold to the Buyer - consumer determine different lengths of the warranty period, the longest of them applies.
1.6. The rights of the Buyer from defective performance (hereinafter referred to as the “Complaint”) must always be exercised in accordance with these Complaints Procedure. Matters not regulated by this Complaint Procedure Code are governed by the laws of the Czech Republic.
RIGHTS OF THE BUYER FROM DEFECTS OF GOODS
2.1. If the goods do not have the characteristics listed in paragraph 1.3. of this Complaints Procedure, the Buyer - Consumer may:
- claim a reasonable discount on the purchase price,
- request removal of the defect by repair of the goods,
- request removal of the defect by delivery of new goods without defect or by delivery of the missing part of the goods.
If the goods are irremovable, the Buyer - Consumer may:
- claim a reasonable discount on the purchase price
- request removal of the defect by delivery of new goods without defect or by delivery of the missing part of the goods,
- withdraw from the contract of sale.
2.2. The right from defective performance does not belong to the Buyer - Consumer if the Buyer - Consumer knew before the takeover that the goods had a defect or if the Buyer - Consumer caused the defect himself.
2.3. The Seller's liability for defects shall not apply to wear and tear caused by its normal use, for goods sold at a lower price for the defect for which the lower price was agreed, for used goods for defects corresponding to the level of use or wear or if it results from the nature of the goods. Furthermore, the Seller's liability does not apply to situations where the Seller proves that the Buyer knew or caused the defect before taking over the goods, as well as to defects caused by improper use and non-compliance with the Seller's or manufacturer's instructions. (see information accompanying the goods: avoid contact with water, aggressive chemicals, perfumes and cosmetics, protect goods against impacts and contact with hard objects, etc.).
2.4. The rights of the Buyer - the consumer from the liability for defects of the goods for which the warranty period applies will expire if they were not exercised during the warranty period. The Buyer's Consumer's rights of liability for defective goods shall cease to exist if the defect is caused by improper handling contrary to the instructions or purpose for which the goods are usually used, if the goods have been mechanically damaged or used under conditions that do not meet the specifications if the goods were in any way modified by the Buyer - Consumer or a third party.
2.5. Rights arising from the defect shall be exercised by the Seller at the Seller's registered address stated on the relevant tax document (invoice) or at the Seller's e-mail address: info@ioola.com.
2.6. If the Buyer - Consumer asserts the right from defective performance, the Seller shall confirm it to the Seller in writing (by e-mail) when the right was exercised, as well as the performance of the repair and its duration.
2.7. If the Buyer is to be refunded the Purchase Price or part thereof paid by the Buyer to the Seller by voucher, then the Buyer shall return the Purchase Price or part thereof in the form of a voucher to the value of the Purchase Price or part thereof.
DEADLINES
3.1. The Buyer - Consumer is entitled to exercise the right from the defect that occurs in the goods within twenty four (24) months from its receipt. After the expiry of this period, the right of defect cannot be exercised with the Seller, unless the contracting parties agree otherwise. If the defect becomes apparent within six months of receipt of the goods by the Buyer - consumer, the goods shall be deemed to have been defective at the time of receipt.
3.2. If the Buyer - Consumer rightfully complains to the Seller, the time limit for exercising the right from defective performance or the warranty period does not run for the period during which the Buyer - Consumer cannot use the defective goods.
3.3. The Buyer - Consumer shall assert its rights from defective performance without undue delay, ie within three (3) working days after it discovers that the goods are defective. The Seller is not responsible for increasing the extent of damage if the Buyer - Consumer uses the goods, although he knows about the defect.
3.4. The time limit for exercising the right from defects cannot be considered as a determination of the lifetime of the goods;
SETTLEMENT OF COMPLAINTS
4.1. The buyer - consumer is obliged to prove that he has the right to lodge a complaint, in particular to prove the date of purchase, either by submitting proof of payment of the goods, warranty certificate, or. in another credible way. The Buyer - Consumer is not entitled to file a claim for a defect that has been alleged in the past if it has been granted a reasonable discount on the purchase price. Furthermore, the Buyer - Consumer is obliged to present defective goods including original accessories when making a claim.
4.2. The Seller is obliged to decide on the complaint of the Buyer - Consumer within the statutory period. This period does not include the time required for expert assessment of the defect. The Seller is obliged to issue a written confirmation to the Buyer - the consumer, stating the date and place of the claim, the characteristics of the defect, the Buyer - the consumer required to settle the complaint and the manner in which the Buyer - consumer will be informed. Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of claim, unless the Seller and Buyer - Consumer agree on a longer period.
4.3. The time limit for settling the claim is suspended if the Seller has not received all the documents necessary for considering and settling the claim (parts of the goods, etc.). The Seller is obliged to request additional documentation from the Buyer - consumer without undue delay. The period is suspended from this date until delivery of the requested documents by the Buyer - consumer.
4.4. If the goods need to be sent to the Seller or Service Center, the Buyer - Consumer shall, in his / her own interest, keep the goods in the original packaging and packed in suitable and sufficiently protective packaging material to meet the requirements of the transport of the goods.
4.5. The Seller is obliged to confirm the manner of settlement of the claim and its duration in writing to the Buyer - consumer by e-mail.
4.6. The Buyer - Consumer is not entitled to change the method of settlement of the complaint once selected without the Seller's consent, except when the method of settlement chosen by the Seller is not possible or timely.
4.7. The Buyer - Consumer shall collect (accept) the claimed goods no later than one month from the expiry of the time when the claim was settled, unless the contracting parties agree otherwise. If the Buyer - consumer does not collect the goods within six months from the date when he was obliged to pick them up, the Seller has the right to sell the goods. If the Seller is aware of the Buyer's Consumer's address and if the goods are of a purchase price greater than CZK 3,000 at the time of purchase, the Seller shall notify the Buyer-Consumer of the intended sale in advance and give him a reasonable additional time (15 days) to collect the goods. If the uncollected goods are sold, the Seller shall pay to the Buyer - consumer the proceeds of the sale less the repair price, the storage fee and the cost of the sale. The right to the proceeds of the sale must be exercised by the Buyer - consumer at the Seller.
4.8. If the complaint is considered justified, the Buyer - Consumer has the right to reimbursement of costs reasonably incurred in exercising the right from liability for defects of the goods. Damage incurred to the Buyer - consumer by defective goods must always be duly proved by the Buyer - consumer to the Seller. This does not affect the Seller's right to damages in the event of an unjustified complaint. In the event of an unjustified complaint by the Buyer - Consumer, the Seller is entitled to require the Buyer - Consumer to pay all demonstrably incurred damages to the extent and under the terms and conditions according to generally binding legal regulations of the Czech Republic.
QUALITY CONTRACTUAL WARRANTY
5.1. If the Seller has provided a quality guarantee beyond its statutory obligations, its application shall be governed by these Complaint Rules, unless the warranty certificate or the Purchase Contract provides otherwise.
These Complaints Rules come into force and effect on 1. 11. 2019.