1. Introductory provisions
1.1 To ensure a uniform and correct procedure for handling claims arising from defective performance (hereinafter referred to as “complaints”), Silic Média s.r.o., Havlíčkova 232, 250 82, Úvaly, IČ 24256714, DIČ CZ24256714 (hereinafter referred to as “Seller”) issues this Complaint Procedure.
2. Liability for defects on the part of the Seller
2.1 The Seller is legally liable only for defects present in the goods at the time of their receipt, even if these defects do not become evident until after delivery. The Buyer can thus make claims for defective performance, i.e. make complaints.
2.2 Defective performance (hereinafter referred to as “defect”) means a change in the characteristics of the goods, the cause of which may be, for example, insufficient quality of the materials used, malfunction or incomplete quantity.
2.3 However, the Seller reserves the right to a difference in the delivered quantity of ± 5% of the total quantity defined in the Order or Contract.
2.4 A change in (the characteristics of) the goods resulting from wear and tear, improper use, inadequate or improper maintenance, natural changes in the materials from which the goods are made or any damage caused by the user or a third party or any other improper intervention shall not be considered a defect.
3. Complaints made by the Buyer
3.1 The Buyer’s specific rights to make complaints depend on whether the Contract has been breached in a material or non-material way.
3.2 A material breach of Contract is a breach of an obligation whereby the Seller knew, or should have known at the time of concluding the Contract, that the Buyer would not have concluded the Contract had they foreseen such a breach (defect).
3.3 If the delivery of defective goods breaches the Contract in a material way, the Buyer may, in accordance with § 2106 of the Civil Code, demand one of the following options from the Seller:
- removal of defects by delivering repaired or new goods in exchange for defective goods;
- correction of defective printing, if possible;
- a reasonable discount on the purchase price of the goods or printing;
- withdrawal from the Contract due to defective performance of the Contract;
- delivery of the missing goods, if possible.
3.3.1 The Buyer must notify the Seller without undue delay of their rights in the event of a material breach of Contract. If they fail to do so, the Seller shall treat the complaint as a non-material breach of Contract, further according to section 3.4. of the Complaint Procedure.
3.3.2 The complaint made in this case may not be amended without the Seller’s consent, unless it concerns the right to have the goods or printing repaired or corrected, which is not possible due to the material, technology or nature of the goods.
3.4 If the delivery of the defective goods breaches the Contract in a non-material way, the Buyer may, in accordance with § 2107 of the Civil Code, demand from the Seller one of the following options:
- removal of defects in the goods,
- delivery of the missing goods;
- a reasonable discount on the purchase price of the goods or services.
3.5 A complaint may be legitimately made only if general requirements and hygiene principles do not prevent its resolution.
4. Time limits for complaints
4.1 The Buyer is obliged to make complaints (claim) any defects with the Seller without undue delay within the time limits and in the manner specified in this Complaint Procedure.
4.2 The Buyer is obliged to make complaints regarding defects that are detectable by the Buyer upon delivery of the goods (evident defects) within the following time limit:
- In the case of personal collection within three (3) business days from the date of receipt of the goods,
- In the case of delivery by an independent carrier within three (3) business days after receiving the goods, whereby, in order to comply with the stipulated deadline, the date on the handover report sent by the carrier is decisive for the complaint.
4.3 Hidden defects in the goods that become evident only after the delivery of the goods shall be reported by the Buyer as soon as they are discovered, but within a maximum period of two (2) months after the goods have been delivered to the Buyer.
4.4 For a remediable defect, this period shall be extended by the time during which the defect is remedied by repair by a third party, or by the supplier or manufacturer of the goods.
4.5 Any delay in reporting the defect may cause the defect to worsen or the goods to deteriorate, and may be grounds for rejection of the complaint.
5. Making a complaint
5.1 The Buyer shall make a complaint exclusively by means of a complaint form – the so-called “Complaint Protocol”, which is available for download HERE.
5.2 In order for the Seller to successfully receive the complaint, the following information must be filled in and documented:
- name of the Buyer;
- registered office of the business, including the correspondence address;
- name and quantity of the goods in question, Order number, invoice number, date of receipt of goods;
- copy of the delivery note and invoice as an attachment to the Complaint Protocol, unless otherwise agreed;
- description of the defect in the goods and detailed photo documentation as an attachment to the Complaint Protocol;
- choice of right regarding the defective performance of the goods (complaint resolution method);
- date and signature of the Buyer (business entity or authorised person).
5.3 The complaint is initiated at the moment of written acceptance of the Complaint Protocol by the Seller and at the same time by returning the goods that are the subject of the complaint in full to the Seller’s address, i.e. Havlíčkova 232, 250 82 Úvaly, unless agreed otherwise. Complaints regarding unreturned claimed goods cannot be recognised.
6. Obligations of the Buyer to the carrier upon delivery
6.1 The Buyer is obliged to inspect the shipment for damages immediately after receiving it from the carrier. Under this Complaint Procedure, a shipment means the packaged goods handed over by the Seller to an independent carrier.
6.2 Evident damage to the shipment must be reported to the carrier in writing at the time of its delivery to the Buyer. The Buyer is obliged to describe the nature of the damage on the carrier’s shipping (accompanying) document or damage record upon delivery. The Buyer is not obliged to accept the shipment from the carrier if the shipment is evidently damaged. If the Buyer does not report the evident damage in the carrier’s shipping (accompanying) document or if no damage report is made, the shipment shall be deemed to have been accepted by the Buyer evidently undamaged;
7. Final provisions
7.1 If the Buyer forgets to make the complaint within the above-mentioned time limits and without undue delay, if complete documents regarding the complaint are not sent to the Seller or if the goods are not returned in full under the conditions set out in this Complaint Procedure, all complaints against Silic Média s.r.o. shall be null and void.
7.2 The facts not regulated by this Complaint Procedure shall be settled between the Seller and the Buyer according to the relevant provisions of the Civil Code as amended.
7.3 This Complaint Procedure shall enter into force on 1 May 2023.