1. Complaints about defective goods
The seller is responsible to the consumer for ensuring that the goods are free from defects upon receipt and conform to the purchase contract.
The goods must, in particular, correspond to the agreed type, quantity, quality, functionality and other agreed characteristics, the description in the offer and the agreed purpose.
The consumer can complain about a defect that existed upon receipt of the goods and that becomes apparent within two years of receiving the goods.
If a defect is discovered within one year of receipt, the goods are deemed to have been defective upon receipt, unless the nature of the goods or the defect precludes this.
The fact that the problem occurred during this period does not automatically mean that it constitutes a defect for which the seller is liable. In particular, a distinction must be made between an actual product defect and a condition caused by normal wear and tear, improper installation, operation, mechanical damage, or other external influences.
2. How to file a complaint and how it is assessed.
In the event of a complaint, the buyer must provide the following information: What specific defect in the goods is being complained about, and what right is being asserted based on this defect?.
A complaint can be submitted in a way that allows its content to be established. To eliminate any doubt as to when and what the complaint contained, we recommend using a written or electronic form.
Product identification and fault description
To ensure your complaint is processed properly and as quickly as possible, we recommend providing the following information:
- Order number, invoice number or other information that allows the purchase to be tracked,
- precise description of the product being complained about,
- Production or serial number, if indicated on the product,
- a precise description of the alleged defect,
- When and under what circumstances does the defect appear?
- whether the defect is permanent or only occurs under certain operating conditions,
- a photo or video recording, provided the defect can be captured safely in this way.
A general statement, such as that the product “doesn’t work,” “heats poorly,” “smokes,” or “doesn’t function properly,” may not allow for a professional assessment of the problem’s cause. In such a case, the seller is entitled to request a more detailed description and additional documentation from the buyer that is necessary to evaluate the complaint.
Installed products
For ovens, stoves, fireplace inserts, products with hot water heat exchangers and other permanently installed devices, the correct functioning of the product can also depend directly on the installation method and the operating conditions.
The product must be installed, connected and operated in accordance with the manufacturer’s instructions, applicable legal and technical requirements and the principles of safe operation.
An appliance connected to a chimney can be operated with a flue system suitable for the type, design, and output of the connected appliance. If the inspection or modification of the flue system is legally required, the seller may request the submission of the relevant documentation in the event of a complaint due to a malfunction.
For products with a hot water heat exchanger, the heating system must be professionally connected in accordance with the manufacturer’s instructions, especially with regard to system safety, operating pressure, overheating protection, flow rate and other prescribed safety features.
If necessary to assess a specific defect, the seller may request information or documents relating to:
- the method and execution of the installation,
- Connection to the exhaust pipe,
- chimney and chimney draft parameters,
- Combustion air supply
- fuel used
- Connection of the heating system,
- Operating pressures, temperatures or other operating values,
- how to use and care for the product,
- any interventions or modifications to the product.
If it is relevant for assessing the complaint who carried out the installation, the seller may also request relevant documents and information about the installation performed.
The submitted documents must correspond to the actual installation method and the actual condition of the product. If necessary for the professional assessment of the complaint, the seller may verify the information in the documents or request their completion.
Buyer cooperation
The buyer is obliged to allow the seller to examine the product in question and to provide the seller with the appropriate support necessary to assess the complaint and, if necessary, to remedy the defect.
Submitting a complaint or requesting service does not automatically entitle the buyer to an immediate visit from a service technician to the product’s installation site.
Depending on the type of defect, the complaint can initially be assessed based on a description of the defect, photos, video recordings, technical documentation, installation and operating data or other suitable evidence.
The buyer may also be required to carry out simple and safe inspection tasks that do not require any specialist knowledge, disassembly or modification of the product’s design.
Security in documenting defects
If the buyer states that continued operation of the product could pose a safety risk, he is not obliged to restart the product solely for the purpose of taking a photograph or video.
However, this does not affect his obligation to provide other reliably available documents and to allow the investigation of the product in question.
Physical examination and service visit
If the available documentation is insufficient to assess the complaint, a suitable method of physical expert assessment will be selected, taking into account the type of product, the nature of the defect, the installation location and the reasonableness of the costs.
For heavy, bulky or permanently installed goods, consideration is also given to whether their transport or dismantling would cause significant difficulties for the consumer.
An on-site service visit is just one way to professionally assess or resolve the defect. Depending on the circumstances, it may also be advisable to use a local or authorized service center, the manufacturer’s service department, a product buyback program, the replacement of a single component, or another suitable solution.
Dismantling, transport and reassembly
If disassembly, transport, or subsequent assembly of the product is necessary to assess or remedy a justified defect, the further procedure will be selected depending on the type of product and the specific defect.
If a justified complaint involves the necessary dismantling of a product that was properly installed according to its nature and purpose before the defect occurred, the procedure will be carried out to the extent stipulated by the legal provisions.
We recommend that the buyer, before ordering paid dismantling, transport, assembly or other services for which he wishes to request payment from the seller, First, the next steps should be agreed upon with the seller..
3. What is not a product defect?
A product defect does not exist if a condition or damage was not caused by a defect in the product itself, but in particular by improper installation, faulty connection, improper use, failure to follow the manufacturer’s instructions, unsuitable operating conditions, mechanical damage, improper intervention or other external influences.
The following problems can occur with ovens, stoves, fireplace inserts and similar appliances:
- Inadequate or improperly designed exhaust system
- insufficient, excessive, or unstable chimney draft
- Incorrect diameter, incorrect length, or incorrect design of the exhaust pipe
- insufficient combustion air supply
- Negative pressure in the room, caused, for example, by a range hood, a ventilation system or another device
- Use of unsuitable, excessively moist or non-industrially produced fuel,
- Operating the product contrary to the manufacturer’s instructions,
- Overheating of the product or operation outside the specified parameters,
- faulty or unprofessional installation,
- additional modifications or interventions in the structure,
- neglected maintenance or cleaning
- Mechanical damage that occurs after receipt of the product.
For products with a hot water heat exchanger, damage caused by improper connection of the heating system, insufficient protection against overheating, unsuitable operating pressure, insufficient flow rate, operation without sufficient water quantity, freezing of the system or any other installation or operating method that contradicts the manufacturer’s instructions or the relevant technical requirements is not considered a product defect.
If the reported condition is due to faulty installation, faulty connection, faulty operation or other circumstances for which the seller is not responsible, it is not a product defect for which the seller is responsible.
Likewise, it does not constitute a defect if the buyer subsequently discovers that he ordered a different type, performance, size, color or variant of the product than he actually needed, provided that the delivered goods correspond to his order and the information in the offer.
4. Normal wear, consumable and service parts
It is not considered a product defect. normal wear and tear resulting from normal use of the product …and natural wear and tear of parts whose lifespan is limited due to their function, material, and operating conditions.
Ovens, stoves, fireplace inserts and similar appliances are mainly parts that are exposed to high temperatures, mechanical stress, the effects of exhaust gases or regular handling.
Such parts may include, in particular, the following:
- Sealing cords and other seals,
- Grids
- Fireproof clay, vermiculite and other fireproof linings,
- Deflectors and parts of the combustion chamber,
- Cooktops and other heat-exposed parts,
- moving and mechanically stressed parts, provided their condition corresponds to normal operational wear,
- Door glass in the event of mechanical, thermal or other damage that occurs after receipt of the product due to operation, handling or external influences.
The fact that one of these parts needs to be replaced after a certain period of use does not mean that the product is defective.
Refractory linings made of clay, vermiculite, and similar materials are components subjected to operational and thermal stresses and therefore have a naturally limited service life. Their gradual wear, the appearance of small surface cracks, or the need for replacement due to normal operation do not in themselves constitute a product defect.
Likewise, normal changes in appearance resulting from the operation of the product, such as changes in color or the appearance of thermally stressed surfaces, are not considered defects, provided they correspond to the properties of the material used and normal operation.
However, the fact that a particular part is subject to normal wear and tear does not exclude the seller’s liability for actual material, manufacturing or other defects for which the seller is legally liable.
Door glass
Cracks or other damage to the glass that occur after receiving the product is in itself not proof of a product defect.
The assessment takes into account, in particular, the nature of the damage, the type of use of the product, mechanical stresses, operating conditions and other circumstances that may have influenced the occurrence of the damage.
Mechanical damage, impacts, pressure from objects on the glass, improper handling, damage during use or other damage that occurs after receipt of the product does not constitute a defect for which the seller is liable.
5. Procedure for handling the complaint
If the complaint is justified, the manner in which it is handled depends on the nature of the defect, its severity, and the rights of the buyer under the applicable legal provisions.
The buyer may demand that the defect be remedied by repair or delivery of a new, defect-free item, unless the method chosen by him is impossible or disproportionately expensive compared to the other method.
In assessing the appropriateness of the remedy, particular attention is paid to the significance of the defect, the value of the product without the defect, the costs of individual methods for remedying the defect, and whether the defect can be remedied in another way without significant difficulty for the buyer.
The seller may refuse the buyer’s chosen method of remedying defects if it is impossible or disproportionately expensive compared to another method.
The mere demand by the buyer for a replacement of the entire product does not therefore mean that the product must automatically be replaced if the defect can be properly remedied by repairing or replacing the defective part.
The buyer’s request for a refund of the purchase price will also be taken into account. This does not automatically entitle the holder to withdraw from the contract and receive a refund..
Repair and replacement of individual components
If a legitimate defect can be remedied by repairing the product or replacing a specific defective part, the mere presence of the defect is not grounds for automatically replacing the entire product.
Many parts of ovens, cooktops, fireplace inserts, and similar appliances can be replaced individually. If a legitimate defect can be professionally remedied by replacing such a part, the claim can be settled in this way.
Easily replaceable components
Whether a professional intervention is required to replace a particular component is assessed based on the type of product and component, its design, the manufacturer’s instructions, and the scope of work required for the replacement.
Repair can be carried out on parts that are designed or constructed by the manufacturer to be easily replaced without specialist knowledge, special tools, disassembly of the product or modifications to its design. Free delivery of a replacement part along with the necessary instructions for its safe installation..
The mere fact that the buyer personally does not want to or is not inclined to make a simple exchange, This does not automatically entitle you to a service call., if, objectively speaking, it is a simple user exchange.
If the replacement requires expertise, professional approval, special tools, disassembly or separation of the product, or other professional interventions, the appropriate method for remedying the approved defect will be selected.
Multiple defects or damaged components
the fact that several defects or damages occur simultaneously on the product, This does not in itself imply an automatic right to exchange the entire product or to receive a refund of the purchase price..
For each reported defect, the cause, type, severity and the possibility of rectification are assessed.
Damage caused by normal wear and tear, improper installation, improper operation, overheating, unsuitable fuel, mechanical stress or other circumstances for which the seller is not responsible does not become a defect of the product simply because it affects several parts of the product at the same time.
Price reduction or cancellation of the contract
The buyer may, in cases provided for by law, demand an appropriate price reduction or withdraw from the contract, in particular if the seller refuses to remedy the defect or has not done so properly, the defect recurs after remedy, is so serious that it justifies such action, or if it is apparent from the circumstances that the defect cannot be remedied within a reasonable time or without significant difficulty for the buyer.
The buyer cannot withdraw from the contract if the defect is insignificant.
Adequate time
The reasonable time required to remedy the defect will be assessed according to the circumstances of the individual case, in particular according to the following criteria:
- Type and value of the product,
- Type and severity of the defect,
- the need for a professional assessment or diagnosis,
- Repair method
- Availability of spare parts
- Service options,
- Installation location of the product
- and the purpose for which the product is typically used.
The fact that the buyer currently needs the product does not in itself justify a right to immediate repair, immediate delivery of a new product or immediate refund of the purchase price.
This also applies to a product that is used for heating during the heating season.
However, the seller is obliged to proceed without undue delay and taking into account the nature of the product, the severity of the defect and the circumstances of the case.
Subjective distrust of the product
The mere loss of the buyer’s confidence in the product, subjective doubts about its quality, fear of further use, or the statement that the buyer no longer wants the product are not in themselves grounds to replace the entire product or refund the purchase price.
If the buyer claims that continued use of the product could be dangerous, it is recommended that the product not be used until a professional assessment has been carried out.
However, such a complaint does not release the buyer from the obligation to allow the inspection of the alleged defect and to provide the necessary cooperation.
If a potential defect is properly remedied and the product is restored to a reasonable and safe condition, the buyer’s continuing subjective concern alone does not automatically entitle them to a replacement of the entire product or a refund of the purchase price.
6. Deadline for processing complaints
The consumer’s complaint will be addressed without undue delay, but no later than [date]. 30 days from the date of applicationunless the seller and consumer expressly agree on a longer period.
The prerequisite for the uninterrupted running of the deadline is that the buyer provides the necessary cooperation to assess and remedy the alleged defect.
If it is necessary to examine the product, make it available, or provide relevant information or documents in order to resolve the complaint, the buyer is obliged to cooperate.
During the period in which the necessary cooperation of the buyer is lacking and without which the assessment or rectification of the defect cannot continue, the period for settling the complaint cannot run continuously.
The failure to provide the necessary cooperation may, depending on the circumstances, in particular:
- Refusal to examine the product in question
- Refusal to provide the installed product,
- Failure to provide the data required to identify the product,
- Failure to provide the necessary information for installation, connection, or operation,
- Failure to cooperate in any other way, without which the appeal cannot be pursued.
Assistance in processing the application
If remedying the defect requires the delivery of a replacement part, the provision of the product, a visit from a service technician, or any other cooperation from the buyer, the buyer is obliged to ensure this within a reasonable timeframe.
If the seller properly and promptly ensures or offers a method for remedying the defect, but the buyer prevents or unreasonably delays its implementation, for example by refusing to accept the replacement part sent, refusing to provide the product as agreed, or failing to provide other necessary cooperation, The time spent on such actions by the buyer is not at the seller’s expense..
The seller is entitled to record the date and type of remedy offered, delivery attempt, agreed service, or request for cooperation.
Unavailability of the spare part
The fact that the replacement part needed to fix the defect is currently unavailable does not automatically extend the statutory deadline for processing a consumer complaint..
If it becomes apparent that the complaint cannot be resolved within the deadline due to the production date or the delivery of the required part, the seller may propose an extension of the deadline for processing the complaint to the consumer.
An extension of the deadline is only possible by agreement between the seller and the consumer.
Request for particularly fast processing
The buyer’s wish to resolve the complaint within a shorter period unilaterally set by him. This deadline does not create an obligation for the seller to comply with it..
The appropriateness of the time required to remedy the defect will be assessed based on the circumstances of each individual case.
Any claims by the buyer for damages or lost profits will be examined separately in accordance with the relevant legal provisions; the mere notification of such a claim does not change the time limit or the legal procedure for handling the complaint.
Extension of deadline
The seller and the consumer can expressly agree on a longer period for processing a specific complaint.
The general provisions of these terms and conditions do not in themselves replace an individual agreement regarding their extension.
7. Costs of the damage report, the expert opinion and the paid service.
Choice of evaluation method
In assessing the complaint, the chosen method will be appropriate to the type of product, the alleged defect, the available documentation, and the suitability of each option.
Complaints or inquiries from the buyer regarding a service visit does not constitute an automatic entitlement to a specific diagnostic method or service..
Before undertaking a costly on-site service visit, the seller may use other appropriate evaluation tools, in particular photos, videos, documentation, installation and operating data, or local service capabilities.
Expert valuation by the seller
If an expert opinion is required to resolve a consumer complaint, the seller can provide it.
The costs for an expert opinion commissioned by the seller to resolve a consumer complaint cannot be charged to the consumer simply because the complaint was subsequently rejected for good reason.
If the complaint is deemed unjustified, for example because the problem arose from improper installation, use, mechanical damage, unsuitable operating conditions or another reason for which the seller is not responsible, the complaint will be rejected, stating the reasons.
Costs incurred by the buyer
If the complaint is justified, the buyer is entitled to compensation under the legal conditions. spent cost-effectively in connection with the exercise of the right to claim a defect.
The fact that the buyer, on their own initiative, commissions a professional opinion, an expert report, a service call, transport, dismantling or any other paid service, This does not in itself establish an automatic right for the seller to payment of the purchase price..
When assessing a potential claim, the actual necessity, effectiveness, appropriateness and the connection of the costs with the lawful exercise of the right to claim a defect are taken into account.
We therefore recommend that the buyer first reach an agreement with the seller on how to proceed before incurring significant costs.
Paid service that is not covered by the seller’s liability for defects.
If the expert opinion determines that the alleged condition is not a defect for which the seller is liable, the seller is not obliged to eliminate the cause of this condition free of charge.
The buyer may be offered a paid repair, a service call, an installation change, the replacement of a worn part, or another paid solution.
Paid service calls will only be carried out after prior approval by the buyer of the scope and price or the method for determining it.
8. Product was moved to a different location or abroad.
Relocation of the product to another location or outside the Czech Republic after receipt This does not in itself deprive the buyer of his legal rights in the event of defective contract performance..
In the event of a complaint, the buyer is obliged to inform the seller of the location of the product in question and to provide the cooperation necessary for the assessment of the complaint.
The product was delivered by the seller from abroad.
If a foreign delivery location was agreed upon when the purchase contract was concluded and the seller delivered the product to this location, this circumstance will be taken into account when processing the complaint.
Lack of services provided by the seller, either in-house or contractually agreed upon, in the country in question This does not automatically entitle the buyer to replace the entire product or to send a service technician from the Czech Republic..
Depending on the type of defect, the following measures can be taken:
- Remote assessment by experts,
- local or authorized service,
- Service provided by the manufacturer or its partner
- A separately replaceable spare part is included.
- Acceptance of the product for repair,
- or another appropriate remedy.
The product was subsequently moved by the buyer.
If, after taking possession of the product, the buyer voluntarily relocates it to a different location than the agreed delivery location, the seller is not automatically obliged to carry out a professional assessment or service call at the new location.
Additional product relocation also This does not in itself establish an automatic right to reimbursement of all additional costs incurred solely as a result of this move..
When choosing the appropriate remedy, the original delivery location, the current location of the product, the type and weight of the product, the nature of the defect, the repair options and the suitability of individual solutions are taken into account.
For a consumer residing in another Member State of the European Union, his rights under mandatory legal provisions applicable to a specific consumer contract remain unaffected by this provision.
9. Damage to goods during transport
To the buyer We strongly recommend Upon receiving the shipment, check the condition of the shipping packaging and determine whether the shipment shows any obvious damage.
If the packaging is visibly damaged, deformed, torn, dented, tipped over, or otherwise shows signs of possible damage to the goods upon receipt, we particularly recommend:
- Document any damage upon receipt from the shipping company.
- Take a photograph of the package before you unpack it.
- Photograph the damaged packaging, the pallet, and the fasteners.
- Document the product yourself after unpacking.
- Notify the seller of the damage immediately.
In the case of serious visible damage, the buyer may refuse to accept the shipment.
Hidden damage
If the damage is not visible from the outside and only becomes apparent after unpacking, we recommend that you notify the seller as soon as possible after discovering it.
The seller may request photos in particular to assess the cause and extent of the damage:
- the original shipping packaging,
- Pallet and method for securing the product,
- Protective and fastening elements,
- damaged area
- the overall condition of the product,
- the production label.
We recommend that the buyer not discard the original packaging, pallet and fastening material at least until the damage has been properly documented and the seller has informed them about the next steps.
Registration with the airline
Documentation of damage to the shipment upon receipt, photos or other documents make it considerably easier to prove whether and when the damage occurred during transport.
The absence of a damage report from the transport company does not, in itself, deprive the consumer of their legal rights. However, it can significantly complicate proving that the damage occurred during transport.
Damage to individual components
If only a single component of the product is damaged during transport and its repair or replacement can restore the product to a proper, safe and fully functional condition, This does not automatically entitle you to an exchange of the entire product or a refund of the purchase price..
If a part is damaged and is designed or intended to be easily replaced by the user without expertise, special tools, disassembly of the product or professional help, the repair can be carried out by supplying a new part free of charge, along with the necessary instructions for its replacement.
The buyer himself requests a service visit. does not automatically create an entitlement to this specific legal remedy..
Damage after receipt
Damage that occurs only after the buyer has properly accepted the goods cannot be considered transport damage by the seller, for example in the following cases:
- own subsequent transport,
- Migration,
- Manipulation,
- Storage,
- Loading or unloading,
- Assembly or installation.
If the buyer transports the goods himself after taking possession of them or arranges for their onward transport by a third party, the seller is not liable for damages that occur during this further transport, unless he is liable for this for another reason under statutory provisions.
The mere subjective loss of confidence in the product by the buyer due to transport damage does not automatically entitle them to a replacement of the entire product if the damage can be properly and safely remedied in another lawful way.
10. Buyer entrepreneur
If the buyer is a person who, when concluding the purchase agreement, is acting within the scope of their business activity or their independent professional activity, The provisions of this complaints procedure, which grant special rights to the consumer, do not apply here..
The rights of the purchasing entrepreneur in the event of defective contract performance are governed by the concluded contract, the agreed conditions and the relevant provisions of the Civil Code.
Buyer complaints The statutory 30 day period for consumer complaints does not apply.unless such a period has been expressly agreed between the parties.
The purchasing entrepreneur is obliged to report defects immediately after their discovery or as soon as possible after discovery by exercising due diligence in accordance with the relevant legal provisions.
The purchasing entrepreneur is obliged to provide the necessary cooperation for the assessment of the defect, in particular to enable the examination of the product and, depending on the nature of the complaint, to provide the necessary information about the installation, operation, maintenance or the circumstances of the defect.
The submission of a complaint by the purchasing entrepreneur does not automatically create an entitlement to a service visit, immediate repair, a replacement product or any other specific method of handling the complaint, unless such an entitlement arises from the contract or statutory provisions.
The method and timeframe for remedying a justified defect will be determined taking into account the type of product, the nature of the defect, the availability of spare parts, service options and other circumstances of the specific case.
Diagnostics and service for businesses
The conditions for service visits, diagnostics, transport, dismantling, assembly and other work at the purchasing company are governed by the agreed terms of the respective business relationship.
If it has been agreed in advance, or the purchasing entrepreneur agrees, that in the event of failure to discover a defect for which the seller is responsible, the diagnostic, service, transport or other measures carried out will be invoiced, these may be charged according to the agreed price or the relevant price list.
Any claims by the acquiring entrepreneur for damages, lost profits or other consequences will be assessed separately according to the concluded contract and the relevant legal provisions.