Complaint Procedure

Warranty REGULATIONS OF THE E-SHOP OF Ultima Adventures, s.r.o.

operated at the web address www.ultimapackrafts.cz

This Complaints Procedure has been drawn up in accordance with Act No. 40/1964 Coll., the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, all as amended, and applies to goods purchased in the e-shop at www.ultimapackrafts.cz.

The seller is Ultima Adventures, s.r.o., with its registered office in J. Š. Baara 1643/29, 370 01 České Budějovice, IČ: 21106983 (hereinafter referred to as the "Seller"). By accepting the goods from the Seller, or by accepting the goods at the post office or from the carrier, the Buyer agrees to this Complaint Procedure.

This Complaints Procedure is an integral part of the Seller's Terms and Conditions.

BASIC CONDITIONS OF COMPLAINT

If a defect occurs in the purchased goods during the warranty period, the buyer has the right to claim this defect.

A defect is a change (property) of the goods caused by the use of inappropriate or poor quality material, failure to comply with technology or inappropriate technology or inappropriate design. A defect shall not be deemed to be a change (characteristic) of the goods which has occurred during the warranty period as a result of wear and tear, improper use, inadequate or improper maintenance, as a result of natural changes in the materials from which the goods are made, as a result of any damage by the purchaser or a third party or other improper intervention.

Liability rights for defects for which the warranty period applies shall be extinguished if they have not been exercised within the warranty period.

WARRANTY PERIOD

The warranty period is 24 months from the receipt of the goods by the buyer. The period from the exercise of the right of liability for defects until the time when the buyer was obliged to take over the goods after the end of the complaint procedure is not included in the warranty period. If the goods are replaced, the warranty period shall start again from the receipt of the new goods. The same shall apply if a part for which a guarantee has been granted is replaced. The warranty period is not to be confused with the service life of the goods, i.e. the period of time for which the goods can, with proper use and care, last, given their characteristics, the purpose for which they are intended and the variation in the intensity of their use.

MAKING A CLAIM

The place for making a claim is the Seller's registered office at Ultima Adventures, s.r.o., J.Š. Baara 1643/29, České Budějovice, 37001.

The buyer is obliged to file a claim without undue delay after the defect has been detected so that the claim can be properly assessed and settled.

Furthermore, the buyer is obliged to specify how the defect manifests itself and to indicate the choice of the right of liability for defects that he claims. Once the buyer exercises any of the rights of liability for defects in the goods, such as the right to removal of the defect or discount, he is bound by this manifestation and cannot change the choice of the exercised right, unless otherwise agreed with the Seller.

The Buyer is obliged to prove that his claim for settlement of the claim is justified, in particular that he purchased the item from the Seller and when he purchased it. In the case of sending goods by shipping service, it is particularly advisable to send a copy of the purchase receipt and a valid warranty certificate. The claim is considered to be duly filed if the claimed goods are complete and supported by the necessary documents. In the case of sending defective goods for complaint, the buyer is obliged to hand over the goods complete and in suitable packaging material that meets the transport requirements of the goods delivered - preferably in the original packaging. The Seller is not obliged to accept the goods for complaint if they are not suitably packaged and delivered with the parts and accessories supplied. The goods claimed will only be accepted for claim if the goods are properly cleaned, dried and the assessment of the claim is not prevented by general principles of hygiene.

The Seller does not accept any unsolicited deliveries on delivery or at the Seller's expense.

Only in the case of a legitimate claim is the buyer entitled to reimbursement of postage in the necessary amount.

COMPLAINT HANDLING

If the buyer exercises the right of liability for defects in the goods sold in a proper manner, the Seller is obliged to decide on the claim immediately, in more complex cases within three working days. However, the time required for a professional assessment of the defect is not included in this time limit.

Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. If the complaint is not settled within this period, the Buyer shall have the same rights as if the defect were irremovable.

The Seller shall issue a written confirmation to the Buyer about when the right of liability for defects was exercised, what is the content of the claim and what method of handling the claim the Buyer requires, as well as about the repair and its duration, or about the method of handling the claim (including any written justification for the rejection of the claim).

If the goods were sent by shipping service, they will be automatically sent to the buyer's address after processing.

REMOVABLE DEFECTS

Removable defects are those defects that can be removed by repair without affecting the appearance, function and quality of the goods and the repair can be carried out properly within the specified period of time. The period for removal of the defect shall not exceed 30 calendar days, or such longer period as agreed between the Seller and the Buyer. The assessment of the nature of the defect is the responsibility of the Seller.

The Seller is obliged to put the item in a condition corresponding to the purchase contract free of charge and without undue delay, as requested by the Buyer.

The buyer has the right to have the claimed defect removed free of charge, in a timely and proper manner. If this is not disproportionate in view of the nature of the defect, the buyer may demand replacement of the goods or, if the defect concerns only a part of the item, replacement of the part. If neither the repair of the defect nor the replacement of the goods is possible, the buyer may demand a reasonable discount on the price of the goods or withdraw from the contract.

IRREMEDIABLE DEFECTS

An irremovable defect is considered to be a defect that cannot be removed or its removal has not been carried out within the aforementioned period of 30 days (or within a longer period agreed between the Seller and the Buyer)

If the defect is irremovable, which prevents the goods from being properly used as goods without defect, the buyer has the right to demand the replacement of the goods with new defect-free goods or to withdraw from the purchase contract.

Even in the case of a removable defect, the buyer has the right to exchange the goods or to withdraw from the contract if the goods cannot be used properly due to the recurrence of the removable defect after repair or due to a greater number of removable defects. A defect may reappear after repair if the same defect, which has already been rectified at least twice during the warranty period, reappears. The goods suffer from a greater number of defects if they have at least three removable defects at the same time at the time of the claim.

In the event that the nature of the irremovable defect does not prevent the proper use of the goods as goods without defect (e.g. aesthetic defects) and the buyer does not request the replacement of the goods, he has the right to a reasonable discount on the purchase price or may withdraw from the contract. When granting a discount, the nature of the defect, the degree and manner of wear and tear of the product, the length of its use and the possibilities of further use shall be taken into account.

CONFLICT WITH THE PURCHASE CONTRACT

In the event that the goods are not in conformity with the Purchase Contract upon receipt by the Buyer, the Seller is obliged to bring the goods into a condition corresponding to the Purchase Contract without undue delay, either by repairing the goods or by replacing them, as requested by the Buyer. If this is not possible, the Buyer is entitled to demand a reasonable discount or withdraw from the contract.

The buyer is obliged to check and inspect the goods properly and thoroughly upon receipt. In the event that he finds a defect in the goods or finds any other discrepancy with the order, he is obliged to notify the Seller without undue delay.

A discrepancy with the contract of sale which becomes apparent within six months from the date of receipt of the goods shall be deemed to have existed at the time of receipt, unless this is contradicted by the nature of the goods or unless the contrary is proven. This does not apply if the buyer knew of the conflict with the contract of sale before taking delivery of the goods or if he himself caused the conflict with the contract of sale.

Any conflict with the Purchase Contract that arises during the remaining 18 months shall be resolved in the manner set out in Articles I - VI above.

PROCESSING OF PERSONAL DATA

Information about buyers is processed by the Seller in accordance with the applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Acts, as amended.

FINAL PROVISIONS

This Complaints Procedure comes into force on 1.2.2024. Changes to the Complaints Procedure are subject to change.