Claims policy

Part I.        Introductory provision

KENVELO HOLDING a.s. sells textile and leather goods, sporting goods, accessories and footwear (hereinafter the goods), which meet the requirements of Section 10 of Act No. 634/1992 Coll., on consumer protection, as amended, as well as Czech technical standards and other generally binding regulations valid in the Czech Republic.

 Part II.                 Obligations of the Seller and Buyer 

  1. The seller shall be liable to the buyer that the item being sold is without defect at the time the buyer accepts it.
  2. The buyer shall be obliged to carefully examine the goods before purchase. The buyer must examine the goods in such a way as to discover all defects that could be discovered with due care.
  3. During the period of use, the buyer should pay sufficient attention and care to the basic rules of using the purchased goods. The buyer should not expose the goods to factors that negatively influence the characteristics and lifespan of the product, such as excessive intensity of use, misusing the product, etc.
  4. The seller shall be obliged to attach a receipt to all goods purchased in-store. By accepting the goods in person, the buyer agrees with the seller’s claims policy and confirms that he or she is familiar with the contents hereof.
  5. The warranty period for goods sold in-store shall be 24 months. The warranty pertains to material and manufacturing defects that appear while the goods are under warranty.
  6. The warranty period set forth above shall begin on the day the buyer accepts and pays for the goods. In the event of a claim made due to defective goods purchased in-store, the warranty period shall be extended by the amount of time the goods were in the claims process.
  7. If a defect appears in the goods, the buyer shall be entitled to make a claim regarding such defect. The seller shall be liable for defects in the purchased goods present when the buyer accepts the goods as well as for defects that appear during the warranty period after the buyer accepts the goods.
  8. A defect shall mean a change (in characteristics) of the goods caused by the use of unsuitable or low quality materials, failure to adhere to the technological procedure or use of unsuitable technology, or possibly unsuitable design.

Part III.       Terms and Conditions for Returns and Claims and the Method of Resolving Them 

  1. A return or claim may be made under the following conditions:
    1. the buyer did not breach the regulations for using the goods, and also
    2. the warranty period pursuant to Art. II(5) has not expired
    3. the buyer submits the goods being returned without undue delay after discovering the defect, and also
    4. the buyer submits the receipt, bill of delivery, or invoice for purchasing goods issued in one of the seller’s stores
    5. if the buyer does not have a valid receipt (sales slip), the buyer may return the goods in the presents of a “witness” to the purchase, who must prove the exact date of the purchase and other details required by the seller and related to the claims process
  2.  If the buyer does not exercise his or her liability rights for defective goods purchased in the seller’s store during the warranty period pursuant to Art. II(5), such rights shall expire.
  3. The buyer shall be entitled to make a claim on goods purchased in the KENVELO or KENVELO KIDS brand store in any such store in the Czech Republic, considering, of course, the selection of goods sold. If making a claim on goods, the buyer shall receive a claim document in the store from the seller (which the store manager or authorized deputy shall write up with the buyer), which must be duly and legibly filled out and must contain:
    1. the claim number (in a regular calendar year),
    2. the first name, last name, telephone number and address of the buyer,
    3. the name or other description of the goods, color, and size of the goods being returned,
    4. the price of the goods being returned (if bought on sale, also the amount discounted from the price of the goods being returned),
    5. the date of purchase of the goods,
    6. the date of making the claim,
    7. a description of the defect,
    8. the buyer’s requests,
    9. the deadline for settling the claim, if not settled on the spot at the time of making the claim,
    10. the method of resolving the claim,
    11. signatures of the buyer and store manager or authorized representative of the seller.
  4. The seller shall be obliged to issue the buyer with one copy of the claim document and method of resolving the claim, even if the claim is not settled on the spot and in its full extent.

Part IV.      The Person Responsible for Settling Claims and Deadlines for Settling Claims 

  1. The person responsible for deciding on claims shall be the store manager and in the manager’s absence, the manager’s chosen deputy.
  2. An employee authorized to settle claims must be present in the store during all opening hours.
  3. The seller or authorized employee shall decide on the claim immediately, or in complicated cases within three days. This time limit shall not include the time needed to have the defect expertly assessed according to the type of product or service. The claim, including eliminating the defect, must be settled without undue delay, at the latest 30 days from when the claim was made. After this period expires, the consumer shall have the same rights as if the defect could not be eliminated. The store manager or chosen deputy may agree with the customer on a longer time frame in justified cases, always with the buyer’s written consent indicated on the claim document.

Part V.       Place of Making the Claim 

  1. The buyer shall exercise the liability rights for defects in any store, always considering, of course, the selection of goods sold. If the goods are sold during special sales as provided from time to time, the buyer shall make the claim in the store stated on the receipt for the purpose of claims, or if no store is stated, then in any store.

Part VI.      The Method of Settling the Claim and Defects of the Goods

  1. When making the claim, the goods should not be soiled (i.e. we recommend washing or cleaning them in some other appropriate way), wet or damp (i.e. fabric, leather, synthetic material or other material from which the goods are made should not contain water, i.e. should be dry). In justified cases, in particular if the goods being returned are extremely soiled, have a bad smell or are otherwise very dirty, we reserve the right to refuse the claim for hygienic reasons.
  2. Assessing the claim is primarily based on whether the defect can be eliminated or not.
  3. A defect cannot be considered a change in the goods that appeared during the warranty period as a result of normal wear and tear, improper care or maintenance.
  4. With goods sold at a discount the seller shall not be liable for the defects for which the discount was provided. The seller shall ensure the buyer is properly informed by including on the receipt a description of the defect for which the discount was provided.
  5. In the event that the buyer does not pick up the goods during the 30 day legal time limit set for assessing the defective goods, the seller shall inform the buyer by registered letter that the buyer must pick up the goods within 14 days of sending the registered letter (first deadline). If the buyer does not pick up the goods even within this time frame, the seller shall be entitled to a storage fee of CZK 10 for every day of storage. If the buyer does not pick up the goods within 2 months after the first deadline, the goods shall be disposed of without replacement.

 Part VII.       Removable Defects 

  1. Removable defects shall be considered such defects that can be eliminated (repaired) without affecting the look, function or quality of the goods and can be repaired properly and within the time frame agreed with the buyer (this applies in particular to ripped seams, damaged or missing decorative materials, buttons missing or ripped off, and similar minor defects),
  2. If the defect is removable, the seller shall propose to the buyer the following possible resolutions to the claim:

    1. free, timely and proper removal of the defect, when the seller is obliged to eliminate the defect without undue delay,

    2. exchange for goods with no defects if the goods have not yet been used, or exchange of a part if the defect pertains only to part of the goods.

 Part VIII.       Non-removable Defects

  1. Non-removable defects shall be considered such defects that cannot be repaired properly in the time frame agreed with the buyer, at the latest within 30 days of making the claim, and the repair of which would affect the look, function or quality of the goods. This shall also apply to defects that are removable but continue to appear even after being repaired, or goods with a large number of defects.
  2. If the defect is non-removable, the seller shall propose to the buyer the following possible resolutions of the claim:

    1. exchange of the defective goods for goods with no defects

    2.  a discount for the goods

    3. withdrawal from the purchase agreement, meaning the buyer shall return the goods and the seller shall be obliged to return the purchase price actually paid for the goods.

    
  3.  Settling claims pursuant to the previous letter ii) shall take into account the character and extent of the defect and the method of use. The store manager shall decide on a discount of up to 30% of the purchase price and the Executive Director of the company shall decide on a discount of more than 30%.
  4. The warranty period shall be extended by the time spent actually removing the defect. In the event that the claim is settled by exchanging the defective goods for new goods, a new 24-month warranty period begins at the moment the new goods are accepted.
  5. The buyer shall have the right to withdraw from the agreement due to a non-removable defect only in the event that the defect prevents the item from being properly used in the same way as an item with no defects.

 Part IX.       Conformity with the Purchase Agreement 

  1. The seller shall be liable to the buyer that the goods being sold are in conformity with the purchase agreement at the time the buyer accepts them, in particular that they are without defect. Conformity with the purchase agreement shall also mean that the goods are of the type and use described by the seller, or the type and use typical for the given type of goods.
  2. In the event that the goods are not in conformity with the purchase agreement, the seller shall be obliged to bring the goods in line with the purchase agreement without undue delay, either by repair or exchange of the goods, pursuant to the buyer’s request. If this is not possible, the buyer can request an appropriate discount from the purchase price or withdraw from the agreement. This shall not apply if the buyer knew about the conflict with the purchase agreement before accepting the item or the buyer was the cause of such conflict with the purchase agreement.
  3. A conflict with the purchase agreement that appears within six months of accepting the item shall be considered a conflict that existed when the item was accepted, unless the nature of the item contradicts this or unless proven otherwise.

 Part X.       Keeping Records of Claims

  1. The seller shall be obliged to maintain records of claims (in the book of claims), including the claim number and method of settling the claim.
  2. The buyer confirms the method of settling the claim pursuant to Article VI by signing the claim record.

 Part XI.       Final Provisions

  1. This claims policy shall be binding for all stores of KENVELO HOLDING a.s., which shall be obliged to display it publicly in a visible place inside the store.
  2. The seller reserves the right to change this claims policy without informing the buyer in advance.



 In Jažlovice, on January 1, 2010 

Login My shopping Bag (0)
EN
EUR