Complaints Procedure for Consumers

The present Complaints Procedure (hereinafter referred to as “Complaints Procedure”) regulates the method and conditions for claiming defects in the goods purchased by a consumer through the on-line shop www.oemvwshop.com from our company:

TSE Slovakia s.r.o., having its registered office at Fraňa Mojtu 281/18, Nitra 949 01, Slovakia
Company Reg. No.: 55983600
Tax Id. No.: SK2122153649 
Registered: at the Municipal Court in Nitra under the file ref. no. 62337/N
Delivery address: Fraňa Mojtu 281/18, Nitra 949 01, Slovakia
Telephone number: +421 910 223 333
Contact e-mail address: info@oemvwshop.com

1. What defects of the goods are we responsible for?

1.1. As the Seller, we are responsible for ensuring that the goods ordered by you have been delivered to you and that the goods are free from defects on their takeover. This means that the goods meet the following conditions on the takeover thereof:

• • they have the characteristics agreed upon between us, which we describe or which you could have expected in view of the nature of the goods;
  • they are in the appropriate quantity, measure or weight;
  • they comply with the requirements of applicable legal regulations;
  • they are fit for the purpose we state or for which the goods purchased are normally used;
  • they are of the quality agreed upon between us or, where applicable, of the quality required by applicable and effective legal regulations for the type of the goods; and
  • they are free from legal defects, i.e., the goods are free from third-party property rights and are accompanied by the documents and papers necessary for the proper use of the goods.

Furthermore, we are responsible for ensuring that these defects do not occur within the warranty period.

We do not provide any guarantee of quality beyond the statutory warranty period for consumers.

1.2. Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods. If the goods do not correspond to your idea, you have the right to withdraw from the Contract within 14 days from the takeover of the goods in accordance with Article 6 of the General Terms and Conditions for Consumers.

1.3. If your domicile or registered office is outside the Czech Republic or if our legal relationship contains any other international element, you agree that Czech law shall govern our relationship. If you are a consumer and the legal order of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.

2. What is the warranty period?

2.1. For consumer goods, the warranty period is twenty-four months from the takeover of the goods, unless a longer warranty period is specified on the Web Interface, in the documents accompanying the goods or in the advertisement.

2.2. If the goods bear a minimum durability date or, in the case of perishable goods, a period of time for which the goods may be used (use-by date), the warranty period lasts until such date.

2.3. In the event that the goods are replaced or repaired for you, the new goods or the replaced parts and spare parts shall not be subject to a new warranty period. However, in such a case the warranty period is extended by the period during which you have been unable to use the goods due to the defect, i.e., in particular the period during which the goods are under repair.

3. What rights from defective performance do you have?

3.1. Your rights arising from defective performance shall be governed by the Civil Code, in particular by its Sections 2099 to 2117 and also by Sections 2165 to 2174.

3.2. In accordance with the above-mentioned provisions, you are entitled in particular to the following rights:

a) Additional delivery of what is missing
If we deliver less than the agreed quantity or if we deliver incomplete goods to you, you have the right to an additional delivery of what is missing.

b) Discount on the purchase price
If there was a defect in the goods when the goods were taken over or if the defect occurred within the warranty period, you can always claim a reasonable discount on the purchase price.

c) Replacement of the goods or replacement of a defective part of the goods
You may always claim the replacement of the goods or of the defective part of the goods, unless it is disproportionate to the nature of the defect (i.e., in particular where immediate repair is not possible) and unless it is only a minor breach of the Contract.

You do not have the right to have the goods replaced if only a part (component) of the goods is defective. If we conclude that only part of the goods is defective during the complaint procedure, we will replace that part in question.

You cannot ask for a replacement for goods that are used or sold at a lower price. Instead, you can claim a discount on the purchase price.

d) Repair of the item
If the goods can be repaired, you have the right to have the defect repaired free of charge. If it becomes apparent during the complaint procedure that we are unable to repair the goods, we will inform you immediately and you may choose another method of dealing with the complaint as specified here.

e) Refund of the money paid (withdrawal from the Contract)

You can only require the refund of the money paid provided that:

• • • our delivery of a defective or incomplete item constitutes a material breach of Contract; or
    • we are unable to remedy the defect because of which you cannot use the goods properly or we are unable to replace the goods with the defect (e.g., the goods are not manufactured anymore); or
    • you cannot use the goods properly because of the recurrence of the defect after repair (recurrence of the same defect after at least two previous repairs); or
    • the goods have multiple defects (simultaneous occurrence of at least three repairable defects, each of which prevents the goods from being used properly); or
    • we fail to meet the deadline for dealing with the complaint/we fail to arrange for rectification within 30 days from the date when complaint was exercised.

3.3. As a condition for the exchange of the goods or for the refunding of the money paid (withdrawal from the Contract), you must return the item in the condition in which you received the same. The exceptions are formed of the cases when:

a) there has been a change in condition as a result of a visual inspection for the purpose of discovering a defect in the item;

b) you had used the item still before the defect was discovered;

c) you did not make it impossible to return the item in its unaltered condition by your acting or omission; or

d) you sold the item still before the defect was discovered, consumed it or altered it in the course of normal use; if this happened only in part, you shall return to us what you can still return and you shall compensate us to the extent that you benefited from the use of the item.

4. When is it not possible to exercise the rights from defective performance?

4.1. You are not entitled to rights from defective performance if:

• • you were aware of the defect before taking over the item in question;
  • you have caused the defect yourself (e.g., by unprofessional assembly); or
  • the warranty period has expired.

4.2. Warranty and defect liability claims do not apply to:

• • wear and tear of the goods caused by their normal use (a reduction in the capacity of batteries and accumulators is also considered to be wear and tear caused by use);
  • defects in the used item corresponding to the level of use or wear and tear which the goods had at the time when you took over the goods;
  • items sold at a lower price – only in relation to the defect for which the lower price was agreed upon; or
  • items where this is apparent from their nature (in particular, goods which by their nature cannot last for the full duration of the guarantee period).

5. How to proceed with a complaint?

5.1. Please file a complaint at us without any undue delay after the defect has been discovered.

5.2. We accept complaints at our registered office or in our operation plant. We recommend you to use our operation plant so that your claim can be processed as quickly as possible.
If you are interested in having an item repaired and the certificate of existing rights from defective performance (warranty certificate) indicates the person designated to carry out the repair (typically an authorised servicing centre), you are obliged to submit your claim to that person. You are only obliged to do this if this person is located at the same place as us or at a place closer to you.

5.3. Recommended procedure to be used in the case of a complaint:

• • for faster processing, you can inform us about the claim in advance by e-mail;
  • at the same time, it is advisable to inform us about the right from the defective performance which you have chosen, i.e., whether you are interested in the completion of what is missing, a discount on the purchase price, replacement of the goods or their defective parts, repair of the item, refund or other rights in accordance with this Complaints Procedure and the Civil Code;
  • deliver the goods claimed to us together with the exercising of your claim or subsequently (otherwise than in the cash-on-delivery mode, which we do not accept) to the address of the registered office or the operation plant (or to the address of the person designated for repair), and when you are sending the goods, we recommend that they should be packed in suitable packaging to prevent damage or destruction to the goods;
  • to facilitate the procedure, it is advisable to enclose the proof of purchase of the goods or the tax document - invoice, if issued, or another document proving the purchase of the goods, together with a description of the defect and a proposal for the resolution of the complaint.

Failure to comply with any of the steps described above or failure to submit any of the above-mentioned documents shall not preclude the positive settlement of the claim in accordance with the statutory conditions.

5.4. The moment of filing a complaint is the moment when the occurrence of the defect has been notified to us.

5.5. We decide about the received complaint immediately, in complex cases within three business days. This time limit does not include the time appropriate to the type of product which is necessary for a professional assessment of the defect. The complaints, including any rectification of the defect, will be dealt with without any undue delay, at the latest within 30 days of the date of the complaint, unless a longer period is agreed upon.

5.6. If you choose a right which cannot be granted to you for objective reasons (in particular in the case of irremovable defects or in the case of replacement of the goods which is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with the present Complaints Procedure.

5.7. When you make a claim, we will issue for you a written confirmation specifying when you have exercised the right, what the content of the claim is and what method of processing of the claim you require. We will also (after the claim has been processed) issue for you a confirmation of the date and method of processing of the claim, including a confirmation of the repair and the duration of the repair process, or a written statement of reasons for rejecting the claim.

5.8. In accordance with the Civil Code, you are entitled to reimbursement of the costs reasonably incurred by you in claiming the goods. Please note that you must exercise your right to reimbursement of these costs within one month after the expiry of the time period within which the defect must be claimed.

The present Complaints Procedure for Consumers is valid and effective from 01. 08. 2023

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