Complaints Procedure for Entrepreneurs and Legal Entities

The present Complaints Procedure for Entrepreneurs and Legal Entities (hereinafter referred to as “the Complaints Procedure”) regulates the method and conditions for claiming defects in the goods purchased by an entrepreneur or legal entity 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.    Seller’s liability for defects

1.1.    The Seller shall be liable for the goods being free from defects upon the takeover. This means, in particular, that the goods on the takeover shall meet the following conditions:

• • they are in the quantity agreed upon;
  • they correspond to the quality and workmanship agreed upon between the Purchaser and the Seller, if applicable, according to the agreed sample or model, or possibly according to the purpose evident from the Contract; otherwise for the purpose as usual;
  • a defect in the goods shall also be deemed to exist if the Seller delivers to the Purchaser any goods other than those agreed upon between them;
  • the goods are free from legal defects, i.e., the goods are not subject to any property rights of a third party and the goods are accompanied by the documents and papers necessary for the proper use of the goods.
  • The Seller shall grant the Purchaser a guarantee of quality lasting for 12 months.

1.2.    Differences in colour shades in reality and on electronic display devices cannot be considered as a defect in the goods.

1.3.    If your registered office is located outside the Czech Republic, or if our legal relationship contains another international element, you agree to our relationship being governed by Czech law.

2.    Purchaser’s rights from defective performance

2.1.    The Purchaser’s rights from defective performance shall be governed by the Civil Code, in particular by its Sections 2099 to 2117.

2.2.    If the defect in the goods is a material breach of the Contract, the Purchaser is entitled to the following rights from defective performance:

a)    remedy of the defect by supplying a new item without any defect or by supplying a missing item;
b)    remedy of the defect by the repairing of the item;
c)    a reasonable discount on the purchase price; or
d)    withdrawal from the Contract.

2.3.    If the defect in the goods is an immaterial breach of the Contract, the Purchaser may require:

a)    remedy of the defect; or 
b)    a reasonable discount on the purchase price. 

2.4.    The Purchaser is obliged to inform the Seller about the chosen method of complaint resolution when notifying the Seller of the defect, otherwise the Seller will decide about it. The choice made may only be changed on the basis of an agreement with the Seller.

The Purchaser may only claim a reasonable discount on the purchase price if the defect cannot be rectified by repairing the item or by supplying a new item without defect or by supplying a missing item.

If the Purchaser considers the defect to be a material breach of the Contract, the Seller is obliged to prove this to the Purchaser.

The Purchaser acknowledges that as long as they do not exercise their right to a discount on the purchase price or do not withdraw from the Contract, the Seller is entitled to supply them with the missing goods or to remedy the legal defect (in particular to supply the missing documents), at the Purchaser’s expense.

2.5.    Replacement of the goods or withdrawal from the Contract cannot be requested if the Purchaser cannot return the item in the condition in which they received it. This does not apply if:

a)    there has been a change in condition as a result of an inspection for the purpose of identifying a defect in the item;
b)    the Purchaser used the item still before the defect was discovered;
c)    the Purchaser has not caused the impossibility of returning the item in its unaltered condition by their acting or omission; or
d)    the Purchaser has sold the item still before the defect was discovered, or has altered the item in the course of its normal use; if this has happened only in part, the Purchaser shall return to the Seller what they can still return and shall provide compensation to the Seller to the extent which they have benefited from the use of the item;

3.    Impossibility of exercising rights arising from defective performance

3.1.    The Purchaser shall not be entitled to any rights arising from defective performance if they knew about the defect prior to takeover of the goods or if they caused the defect by themselves.

3.2.    The Purchaser shall not be entitled to any rights under defective performance also in the case when the Purchaser did not use an authorised servicing centre to assemble the goods, as a result of which the goods were unprofessionally assembled. The Purchaser shall be obliged to prove the installation by an authorised servicing centre with an installation certificate issued by the authorised servicing centre. 

3.3.    The claims arising from liability for defects shall furthermore not apply to:

• • wear and tear of the goods caused by normal use of the goods;
  • defects in the used item corresponding to the extent of use or wear and tear which the goods had at the time when the Purchaser took it over;
  • goods sold at a lower price - only in relation to the defect for which the lower price was agreed upon; or
  • if this fact results from the nature of the goods.

4.    Procedure to be used in case of a complaint

4.1.    The Purchaser is obliged to file a claim at the Seller without any undue delay, at the latest within 48 hours from the discovering of the defect. The contact address of the Seller shall be the address determined for the receipt of the goods claimed.

4.2.    Binding procedure to be used in case of a complaint:

• • for faster processing, the Purchaser may inform the Seller in advance of the claim by e-mail;
  • the Purchaser is obliged to inform the Seller about the right to be exercised and chosen by them, to describe the defect and/or to describe how it manifests itself;
  • the Purchaser shall deliver the claimed goods to the Seller (otherwise than in the cash- on-delivery mode, which the Seller shall not accept), whereby when sending the goods, the Purchaser shall pack them in suitable packaging so as to prevent their damage or destruction; 
  • the Purchaser shall enclose with the goods also a proof of purchase or tax document – invoice, if issued, or any other document proving the purchase of the goods.

4.3.    The moment of making a claim is the moment when the goods claimed have been delivered to the Seller. 
4.4.    The Purchaser shall not be entitled to reimbursement of reasonable costs incurred in claiming the goods. 

The present Complaints Procedure for Entrepreneurs and Legal Entities is valid and effective from 01. 08. 2023