Complaints Policy of Kabayan Pinoy s.r.o.
This document outlines the rules regarding complaints related to the purchase of goods or services available on the e-shop www.kabayanpinoy.com.
This Complaints Policy applies to all customers of Kabayan Pinoy s.r.o., ID No: 09875778, with its registered office at Vojtěšská 211/6, Nové Město (Prague 1), 110 00 Prague, Czech Republic, operating under the Trade Licensing Act, registered in the Commercial Register under file number C 343921/MSPH at the Municipal Court in Prague, who purchase goods from our e-shop.
This Complaints Policy takes effect on June 3, 2023.
If you have any questions, feel free to contact us via:
- Email: obchod@kabayanpinoy.com
- Phone: +420 776 666 960
1. Claims for Defective Performance
You have the right to claim defects in goods if they manifest within 24 months from receipt unless specified otherwise in this Complaints Policy. However, there are exceptions where this claim does not apply:
- Perishable goods intended for consumption within 24 hours must be claimed within 24 hours of receipt.
- Goods with a defined shelf life or minimum durability (typically stated on the packaging, manual, or advertisement) cannot be claimed for defects once expired.
- If the goods were discounted due to a known defect, claims related to that defect cannot be made.
- Claims cannot be made for defects caused by excessive use or unsuitable conditions.
- Defects arising from wear and tear, improper use, external interference, storage, or maintenance contrary to our or the manufacturer’s instructions (user manual) cannot be claimed.
- Defects caused by external events beyond our control are not eligible for claims.
Unless we specifically notify you before concluding the purchase contract of deviations in the goods' properties, and you expressly agree to such deviations, we ensure that the goods:
- Are suitable for the purpose for which such goods are typically used, considering third-party rights, legal regulations, technical standards, or industry codes of conduct, where applicable.
- Come with accessories, including packaging, assembly instructions, and other usage instructions that can reasonably be expected.
- Match the quality or design of the sample or prototype provided before concluding the purchase contract.
If a defect occurs within one year of receipt, it is presumed that the goods were defective at the time of receipt unless the nature of the goods excludes this possibility. This period does not include the time during which you cannot use the goods due to a justified claim.
- Claims cannot be made for defects caused by your actions.
- Wear and tear resulting from normal use is not considered a defect.
In accordance with Section 1923 of Act No. 89/2012 Coll., the Civil Code, as amended, you are entitled to reimbursement of reasonable costs incurred in asserting your rights. However, if you fail to claim reimbursement within one month after the deadline for defect claims, the court will not grant this right, citing untimely assertion.
2. Methods of Claiming Defects
You can claim defects in the following ways:
- By phone: +420 776 666 960
- By email: obchod@kabayanpinoy.com
- In person: at our branch at Žižkova tř. 219/17, České Budějovice
- By registered mail: to Žižkova tř. 219/17, České Budějovice
Please use our complaint form available on our website for claims.
Complaints Resolution
When making a complaint, you have the right to request the defect's rectification. Alternatively, you may request the delivery of new defect-free goods or the repair of the goods. The method of rectification depends on feasibility and associated costs. If rectification is impossible or disproportionately costly, we will consider the defect's significance, the value of the goods without defects, and the inconvenience caused to the customer.
If you fail to collect the goods within a reasonable time after being notified of their availability post-repair, we reserve the right to charge storage fees according to market rates.
You may request a reasonable discount or withdraw from the purchase contract if:
- We refuse to rectify the defect or fail to rectify it as specified above.
- The defect recurs.
- The defect constitutes a substantial breach of the purchase contract.
A reasonable discount represents the difference between the value of the defective goods received and the value of defect-free goods. You cannot withdraw from the purchase contract for minor defects. If you decide to withdraw from the purchase contract, we will refund the purchase price without undue delay after receiving the goods or proof of their return.
3. Complaint Process
After receiving the ordered goods, we recommend inspecting them immediately to verify their condition and quantity. You are obligated to notify us of any defect promptly upon discovering it by describing the defect or its manifestation.
Upon making a complaint, please provide the defective goods or follow our instructions on their storage or handling to allow us to assess the defect.
We are obligated to issue a written confirmation including the complaint date, details of the complaint, the requested resolution, and your contact details for further communication.
We must resolve the complaint and inform you of the outcome within 30 days of filing unless an extended timeframe is mutually agreed upon. If we fail to resolve the complaint within this period, you have the right to withdraw from the contract or request a reasonable discount.
Upon resolving the complaint, we will issue confirmation regarding the date and method of resolution, including details of the repair or the reasons for rejection.
4. Changes to the Complaints Policy
Kabayan Pinoy s.r.o. reserves the right to unilaterally amend or supplement this Complaints Policy. Changes will not affect rights and obligations arising from purchase contracts concluded before the new Complaints Policy becomes effective.
5. Final Provisions
By placing any order on our e-shop kabayanpinoy.com, you confirm that you have thoroughly reviewed this Complaints Policy before completing your purchase.