Varranty claim

Do you want to process varranty claim or an item return? Read through information below to make it as easy as possible

 

Order cancellation and contract withdrawal

The buyer is entitled to cancel the order at any time before the delivery of the goods.

The buyer may withdraw from the contract within 14 days of acceptance of the goods regardless of the way of how the goods were picked-up or payed. This time limit is intended to ensure that the buyer is adequatly familiar with the nature, characteristics and functionality of the goods.

For the purpose of application of the right of withdrawal the customer must inform TONAK as, Zborovská 823, 741 01 Nový Jičín, e-mail: eshop@tonak.cz, tel. 556 202 570 in the form of unilateral legal action (for exmaple by letter, fax or e-mail). The customer can use a sample form, but it is not his duty.

Withdrawal from the contract must be sent to the seller within 14 days. The buyer does not need to state why he is withdrawing from the contract. In order to facilitate communication, the buyer will give the date or order number or invoice and bank details.

The seller is obliged to return to the buyer, within 14 days of the date of the notice of withdrawal, all the payments received by the buyer, including delivery costs (excluding the additional costs created due to the delivery method that was chosen by the buyer, which is different from the cheapest way of standard delivery offered by the seller). The seller will refund the payment only after receipt of the returned goods or if the buyer proves that he has sent the goods back, depending on what will come first. The goods should be returned to the seller (not cash on delivery) complete, preferably in the original undamaged packaging, and must not show any signs of wear or damage. The cost of returning goods is covered by the buyer.

If the returned goods are damaged by a violation of the buyer's obligations, the seller is authorized to claim damages against the buyer and count it on the amount that is refunded.

Responsibility of seller

Quality of takeover

If the received goods are defective (for example, they do not have the agreed or legitimate expected properties, they are not suitable for the usual or agreed purpose, they are not complete, their quantity, degree, weight or quality does not match with other legal, contractual or even pre-contractual parameters) these are defects of the goods for which the seller is responsible.

The buyer may claim at the seller's disposal within two years the latest of the receipt of the goods upon his / her request the right to repair the defect or a reasonable price discount; if the nature of the defect is not disproportionate (in particular, if the defect can not be eliminated without undue delay), the requirement to deliver a new item without defects or a new component without defects may be applied if the defectiveis only on that part.

If the repair or replacement of the goods is not possible, the buyer may request a refund of the full purchase price on the basis of the withdrawal contract.

Within six months of receipt of the goods, it is assumed that the defect of the goods existed already upon receipt of the goods.

The seller is not obliged to accept the buyer's claim if he proves that the buyer knew or was responsible for the fault.

Legal rights from defects

The seller is responsible for defects occurring on goods upon receipt of the goods in the period of 24 month or at the time of use stated in the advertisement, on the packaging or in the attached instructions.

The seller is responsible for defects occurring on goods upon receipt of the goods in the period of 24 month or at the time of use stated in the advertisement, on the packaging or in the attached instructions.

Within this period, the buyer can apply a complaint and at his own discretion request a defect that constitutes a material breach of the contract (irrespective of whether the defect is removable or unenforceable):

  • removing the defect by delivering a new item without defect or by supplying the missing item;
  • free repair of defects;
  • a reasonable discount on the purchase price
  • refund of the purchase price on the basis of withdrawal from the contract.

The breach of a contract that the party in breach of the contract already knew or needed to know that the other party would not have concluded the contract if it had foreseen the violation is essential.

For a defect that implies a minor breach of the contract (regardless of whether the defect is removable or indelible), the buyer is entitled to remove the defect or a reasonable discount on the purchase price.

If the removable defect has been repeatedly repaired (third complaint for the same defect or the fourth for different defects) or the goods have more defects (at least three defects at the same time), the buyer may apply the right to a discount on the purchase price, replacement of the goods or withdrawal .

Seller is not responsible for defects resulting from normal wear and from failure to comply with the instructions for use. Information on the correct maintenance of the goods is provided in the e-shop for the product and for each product.

Handling the complaint

Buyer is required to apply a claimplaint with the seller or person to be repaired without undue delay from the discovery of defect. If they do so in writing or electronically, they should provide their contact details, a description of the defect and a request for a complaint settlement.

Buyer is required to tell the seller what right he chooses to report a defect or without undue delay after the defect is notified. Change of choice without the seller's consent is only possible if the buyer requested repair of a defect which proves to be irreparable.

If the buyer does not choose his right to a substantial breach of contract in time, he or she has the same rights as in the case of an irrelevant breach of contract.

The buyer is required to prove the purchase of the goods (preferably by proof of purchase). The time limit for handling the claim is running from the time of delivery or delivery of the goods to the vendor or to the place to be repaired. The goods should be packed in a suitable package when they are shipped in order to avoid damage and it should be clean and complete.

The seller is obliged to decide on the complaint at the latest within three business days at the latest, or if necessary, to make the expert judgment necessary for the decision. Information about the need for expert judgment is communicated within this period to the buyer. Complaints, including removal of a defect, will be handled by the seller without undue delay no later than 30 days after its application unless the buyer agrees in writing for a longer period of time. After expiration of this period the buyer has the same rights as a substantial breach of contract.

If the seller refuses to remove the defect, the buyer can demand a reasonable price discount or withdrawal from the contract.

Quality guarantee is prolonged from the time the claim is made to its settlement or until the buyer is obliged to take over the item. When the goods or parts of the goods are exchanged, the vendor's liability applies as if it was a purchase of a new item or a part of it.

If it is not possible to monitor the state of the complaint settlement online, the seller informs the buyer of his claim by e-mail or by SMS.

In the case of eligible complaint, the buyer will be entitled to refund of the expense actually incurred.

This site uses cookies for providing various services, advertisement personalization and for analyzing traffic. You agree with this by using this website.

More Information