General Stipulations and Definitions
These Claim rules apply to purchases in the e-shop of HOTHOT Exclusive s.r.o. ,
Company ID: 293 10 601, Tax ID: CZ 293 10 601, with its registered address in Brno - Komárov, Mariánské náměstí 617/1, postcode 617 00, registered in the Commercial Register kept by the regional Court in Brno, section C, file 73121.
The Claim rules were processed in compliance with the stipulations of Act No. 89/2012 Coll., Civil Code and Act No. 634/1992 Coll., act on consumers protection, as amended and they apply to goods subject to the application of buyers’ rights based on liability for defects in the course of the warranty period (hereinafter referred to as the “Claims”).
The Seller is the trading company HOTHOT Exclusive s.r.o. , Company ID: 293 10 601, with its registered address in Brno - Komárov, mariánské náměstí 617/11, postcode 617 00 registered in the Commercial Register kept by the regional Court in Brno, section C, file 73121. HOTHOT Exclusive s.r.o. is a legal entity acting within the scope of its trading or other business activities while concluding and fulfilling the contract.
The Client of our e-shop is the Buyer. Based on applicable legal rules are distinguished the Buyer acting within the scope of its trading or other business activities while concluding and fulfilling the contract and the Buyer as a consumer. The warranty period starts as of the date of the Goods’ takeover by the Buyer. The warranty period is 5 years for consumers as well as entrepreneurs. The warranty period is extended in the term for which the goods were in the repair guarantee. A new warranty period starts to run in the case of goods replacement.
The warranty does not apply to wear and tear caused by usual use of the subject.
On request of the Buyer (consumer), the Seller is obliged to provide a warranty in written form (the warranty document). In the case that the subject’s nature allows it, it is sufficient to issue to the Buyer instead of the warranty document a proof of the subject’s purchase, containing data (invoice) identical with the warranty document. The warranty document must contain the name and surname, name or trade name of the Seller, company ID in the case of a legal entity, or place of residence in the case of a natural person.
The consumer is entitled to withdraw from the Contract in all the cases stipulated by the Act. The withdrawal is effective towards the Seller as from the moment of the Buyer’s statement of withdrawal from the Contract, if all and any statutory conditions are met. In the case of withdrawal from the contract, the contract is cancelled from the very beginning and the contracting parties are obliged to return everything mutually provided on the basis of the contract. In the case of the contract cancellation being due to the application of rights emerging from liability for defects, the Buyer returns the fulfilment provided by the Seller only to the extent objectively possible in the given situation.
In the case of the application of warranty, the Buyer has the following rights:
- rectifiable defect: right to free, appropriate and in time elimination of the defect, right to replacement of faulty goods or faulty part, unless it is inappropriate due to the character of the defect; in the case of such a procedure not being possible, then the right to a relevant discount from the purchase price or withdrawal from the contract of purchase;
- non- rectifiable defect, preventing from appropriate use of goods. Right to replacement of defect goods or withdrawal from the contract of purchase;
- rectifiable defects occurring in high numbers or repeatedly and preventing from appropriate use of goods. Right to replacement of defect goods or withdrawal from the contract of purchase;
- other non- rectifiable defects and in the case that subject replacement is required, right to a relevant discount from the purchase price or withdrawal from the contract of purchase
When taking over the delivery, the Client is obliged to check the delivery with the aim of establishing whether the package is unbroken and whether the delivery does not indicate clear signs of damage. In the case of the Buyer finding apparent signs of damage of the delivered goods at the moment of takeover, they are obliged to write the damage report with the carrier. In such a case, the Buyer is not obliged to accept the delivery. The buyer informs the Seller of delivery damage in the course of transportation without any unnecessary delay. In the case that the client accepts such a damaged delivery from the carrier, it is necessary to describe the damage in the carrier’s handover protocol. Simultaneously, the client checks the number of packages in the carriage document and the real number of delivered packages and these must be identical. In the case that the number of packages in the carriage document not matching the number of delivered packages, the client accepts the delivery with a reservation in the carriage document and reports the claim to the seller in written form. In the case of not doing so, the claim relating to the missing package will not be approved.
Use the following contact for the claim settlement:
e-mail: [email protected]
When applying the claim to the Seller it is necessary to complete the Claim Sheet, contained in the appendix of the Claim Rules.
The claim including defect elimination must be settled without unnecessary delay, in maximally 30 days from the lodging of the claim, unless the Seller and the Buyer agree on a longer term. After expiration of the term, the Buyer obtains the same rights as in the case of a non-rectifiable defect. The term of 30 days is not binding towards the buyer – an entrepreneur.
The course of the term for claim settlement is temporarily stopped in the case that the seller did not receive all the documents needed for the claim settlement (parts of goods, other materials, etc.). The Seller is obliged to ask the Buyer to complete the materials in the shortest possible term. As from that date, the term is temporarily stopped up to the moment of the required materials’ delivery by the Buyer.
In a situation where the goods must be sent to the Seller, the Buyer proceeds in such a way so as the goods are packed in suitable and sufficiently protective packaging meeting the transport claims. Do not send the goods to the address of the Seller without previous written announcement of the claim under any conditions.
After an appropriate settlement of the claim, the service centre will ask the Buyer to accept the repaired goods and respectively to send the repaired goods.
The right to a claim application becomes void in the case of unprofessional assemblage or unprofessional putting of the goods into operation, as well as in the case of unprofessional dealing with goods, i.e. mainly in the case of the goods’ use under conditions with their parameters not meeting the parameters specified in the documentation for goods.
In case of withdrawal from the contract of purchase or provision of a discount from the purchase price, the relevant payment is returned to the Buyer by transfer to their bank account within 30 days from the date of the claim settlement.
These Claim Rules enter into effectiveness as of 1 January 2019. The Claim Sheet makes an appendix to the Claim Rules.
Claim Rule changes reserved