GENERAL PROVISIONS

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These claim rules (hereinafter referred to as the Claim Rules) govern the procedure of Ing. Tamara Sabo, having her registered office at

 

Mánesova 1092/42
120 00 Praha 2

Czech Republic

 

(hereinafter referred to as the Seller) and the purchaser (hereinafter referred to as the Purchaser) in exercising rights resulting from the Seller’s liability for defective goods purchased on the website www.tam-ara.com and the Seller’s and Purchaser’s rights and obligations associated with it.

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By submitting an electronic order to the Seller, the Purchaser shall confirm that it acquainted itself with the Seller’s Claim Rules and agrees to them unconditionally. The moment the electronic order is submitted to the Seller, the Claim Rules shall become binding for the Purchaser.

 

The Claim Rules are publicly available on www.tam-ara.com and in the Seller’s registered office.

 

The Trade Licensing Office with jurisdiction according to Section 71, paragraph 2 of the Trade Licensing Act is Úřad městské části Praha 7. The Seller's Trade License (Identification) Number is 06154611.

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LIABILITY FOR DEFECTS

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The Seller shall be liable for defects that the sold item has upon receipt by the Purchaser. In the case of used items, the Seller shall not be liable for defects caused by their use or wear. In cases of items sold at a discount, the Seller shall not be liable for a defect due to which the discount was negotiated.

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Except for items that break down quickly or are used, the Seller shall be liable for defects that occur after the receipt of item(s) during the warranty period.

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Upon receipt of the goods, the Purchaser shall be obliged to check if the packaging in which the goods are packed is damaged. If it is damaged, it is necessary to file a claim on the discovered faults caused in transport with the carrier - courier at the site of the delivery of the goods. If the Purchaser accepts the goods despite evident damage to the packaging, the Seller shall not recognize any later claims for this reason.

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The Purchaser shall be obliged to examine the delivered goods without undue delay after their receipt.

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Should the Purchaser discover that the goods are incomplete or damaged in any way by the transport, which manifests itself as outer damage to the packaging, the Purchaser shall be obliged to raise a claim with the Seller without undue delay, however no later than two days after the receipt of the consignment. Otherwise the delivery shall be considered complete and without defects and claims raised for this reason shall not be accepted.

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The Purchaser shall be obliged to raise a claim with the Purchaser for defects of goods purchased on www.tam-ara.com without undue delay according to terms specified in the respective provisions of the §1914 to 1925, § 2099 to 2117 and § 2161 to 2174 Civil Code and Act No.: 634/1992 Sb., on Consumer Protection.

 

THE PLACE WHERE THE CLAIM IS RAISED

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The Purchaser shall exercise the rights resulting from liability for defects via remote communication by filling in the claim form, which the Purchaser can download on the website www.tam-ara.com and sending the form together with the goods under claim by post to the address of the registered office of the Seller:

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Ing. Tamara Sabo
Mánesova 1092/42
120 00 Praha 2
Czech Republic
 

In the case of remote communication by means of the claim form, the Purchaser shall be obliged to specify its contact information, submit the proof of purchase, photo documentation or other proof on whose basis the Seller can handle the claim. At the same time, the Purchaser agrees that the Seller may send proof related to the settlement of the claim to the e-mail address specified by the Purchaser.

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CLAIM PROCEDURE

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Should the Purchaser discover that the goods ordered do not correspond with the received, the Purchaser shall have the right to return the goods to the Seller no later than 14 days after the receipt of the goods by the Purchaser.

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Should the Purchaser discover that the goods ordered do not have the corresponding size or color, the Purchaser shall be entitled to return the received goods and demand their exchange for goods of different color and/or size or a different type of goods no later than 14 days after the receipt of the goods by the Purchaser. The goods that the Purchaser returns must not be damaged and must not show signs of wear and/or use. The exchange of the goods shall only be possible if the corresponding goods are in the Seller’s stock. Otherwise, the Purchaser shall be considered to have withdrawn from the Purchase Contract.

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The costs of returning of the goods for the purpose exchanging them shall be borne by the Purchaser, which, however, only applies if the goods fully met quality requirements and were free of defects. The Seller shall deliver the exchanged goods to the Purchaser within 30 days after the receipt of an entirely completed form along with the required documents and the goods to be exchanged.

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If the goods that are the subject of the return/exchange/claim are not supplied with the completed form and the required proofs, the Seller shall reserve the right not to continue to handle the matter in question and it shall be understood that the Purchaser does not intend to return, exchange or claim the goods.

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The goods that are the subject of the return/exchange must be complete, unused, undamaged and in their original packaging with their labels. The original packaging of the goods must not be destroyed and must not show signs of use.

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The Seller shall handle consumer claims in accordance with the laws of the Czech Republic, especially §1914 to 1925, § 2099 to 2117 and § 2161 to 2174 Civil Code and Act No.: 634/1992 Sb., on Consumer Protection.

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If the defect in question can be rectified, the Purchaser shall have the right for its free and timely rectification. The Seller shall be obliged to rectify the defect without undue delay.

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The Purchaser may demand that the item be exchanged instead of the defect being rectified or if only part of the item is defective that the part be exchanged as long as that the costs incurred to the Seller are not excessive in relation to the price of the goods or the severity of the defect. Instead of rectifying the defect, the Seller may always exchange the defective item for a non-defective one as long as that does not cause the Purchaser serious difficulties.

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If the defect cannot be rectified and if such a defect prevents the proper use of the item in the same way as a non-defective item would be used, the Purchaser shall have the right to demand that the item be exchanged or withdraw from the contract. The Purchaser shall enjoy the same rights if the defects can be rectified but the Purchaser cannot use the item properly due to a repeated occurrence of the defect after the repair or due to a large number of defects. If the defects cannot be rectified, the Purchaser shall be entitled to an appropriate discount on the price of the item.

 

FINAL PROVISIONS

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By purchasing the goods, the Purchaser shall agree to the Seller’s claim rules.

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If the sale of goods or the provision of a service are subject to General Terms and Conditions which specify warranty terms differently from terms specified in these claim rules, warranty terms specified in the General Terms and Conditions shall take precedence over terms specified in the Claim Rules.

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The Seller reserves the right to amend the Claim Rules while respecting mandatory provisions of the Act on Consumer Protection and the Civil Code. An amendment to the Claim Rules shall not apply to the claim of goods that were purchased while the previous Claim Rules were in effect.

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To prevent any misunderstanding and/or dispute, the Purchaser acknowledges that the terms and conditions in the Czech language constitute the binding document governing the contractual arrangements between the Seller and Purchaser.

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