Please take a few minutes to read the following text before sending us the product under complaint to spare you (and us) any disappointment at mutual misunderstandings.
FULL TEXT OF THE RETURN POLICY
This Return Policy is an integral part of the General Terms and Conditions of Piccollo Sport s.r.o., IN 067 06 649, Řevnická 170/4, Třebonice, 155 21 Prague 5, entered in the Commercial Register maintained by the Municipal Court in Prague in Section C, Insert 287515 (hereinafter referred to as the ‘Seller’ and ‘GTC’) and applies to the sale of goods in the Seller’s online shop.
It is the Buyer’s obligation to read the GTC and this Return Policy before submitting their order of goods in the online shop. After actively familiarising themselves with the text, the Buyer will click off on the website of the online shop (www.loap.eu) to give their full consent with the text of the Return Policy and to confirm that they have become familiar with it.
The Buyer shall inspect the purchased goods and their accessories upon accepting delivery. If the goods are delivered by the carrier, the Buyer shall check, together with the carrier, the number of parcels delivered, the integrity of their packaging, the possible damage and immediately enter any differences in the transport document or delivery note.
The moment of taking delivery of the goods is the moment of passing the risk of damage to the goods from the Seller to the Buyer in the case of collection in person at the premises, the moment of accepting delivery of the goods from the carrier is that moment in the case of delivery.
If the Buyer fails to review or inspect the goods at the time of passing the risk of damage to the goods, they may claim the defects found during this inspection only if they prove that the defects already existed at the time of passing the risk of damage to the goods (mechanical damage, missing accessories in particular). No consumer rights can be applied to gifts that are provided free of charge. Such goods comply with the terms of the Gift Agreement and with all standards according to the valid legislation of the Czech Republic.
An invoice is added to each type of goods, a warranty statement (certificate of warranty) to some types of goods. If the certificate of warranty for a given type of goods is not included, the invoice with the legally required data for the warranty, such as the name of the goods, warranty period, price, quantity and serial number, shall be used to claim the warranty.
The Seller shall familiarize the Buyer with the Operating Instructions upon sale. Prior to first use, the Buyer shall study in detail the operating conditions of the appliance, including the English Operating Instructions (if applicable due to the nature of the goods), and comply with according to the CSN standards particularly with respect to the use of the peripherals and the connection to power supply approved by the manufacturer.
The Seller delivers the goods to the Buyer in the quality that is anticipated by the provisions of Article 2161 of the New Civil Code, i.e.:
- the type of goods has properties that the Buyer has arranged with the Seller and, in the absence of an arrangement, such properties as the Seller or the manufacturer has described or as the Buyer has expected in view of the nature of the goods and the advertising they make;
- the type of goods is suitable for the purpose which the Seller indicates for its use or which the item of such type is usually used for;
- the type of goods is an item in the appropriate quantity, amount or weight;
- the type of goods complies with legal requirements.
If the goods fail to meet these requirements upon accepting delivery, the Buyer has the right to receive new goods free from defects if this is not unreasonable due to the nature of the item. If the defect relates only to part of the item, the Buyer may only require a replacement of the part; if this is not possible, they may withdraw from the contract and demand full refund of the purchase price. However, the Buyer has the right to have the defect removed free of charge if it is disproportionate in view of the nature of the defect, particularly if the defect can be removed without undue delay.
If the Buyer does not withdraw from the contract or if they do not exercise the right to receive new goods free of defects, replace their parts or repair, they may require a reasonable discount on the purchase price. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods free of defects, replace their parts or repair the goods, and if the Seller fails to remedy within a reasonable time or if the remedy would cause serious difficulties.
If a defect occurs within 6 (six) months of accepting delivery, it is assumed that the item was defective already upon taking delivery.
Unless expressly stated otherwise, the Buyer is entitled to claim rights for defective performance 24 months from the date of taking delivery of the goods by the consumer. If the goods are in a service repair shop based on valid warranty, the Seller shall extend this period by the time the goods were being repaired.
The Seller is not responsible for defects if:
- the defect was on the item at the time of accepting delivery and a discount on the purchase price was agreed for that defect;
- in the case of used goods and the defect corresponds to the degree of use or wear that the goods had upon accepting delivery by the Buyer;
- the defect was caused by the wear and tear due to a normal use; or if it results from the nature of the item (e.g., the end of its life);
- the defect was caused by the Buyer as a result of improper use, storage, improper maintenance, the Buyer’s intervention or mechanical damage;
- the defect resulted from an external event outside the influence of the Seller.
Goods to be repaired may be handed over to the Seller the goods were purchased from or to an authorized service centre located near the Seller or the Buyer. The list of service centres is available at:
Complaint is a one-sided legal act whereby the Buyer identifies the defects of the goods and communicates the specific claim of liability for defects and the request for information about the settlement of the complaint.
The Buyer shall complain about the goods as soon after the defect has been identified as possible. The goods under complaint shall be delivered in the packaging to prevent damage. The Buyer shall include the invoice, the delivery note, and the certificate of warranty if included when the goods were delivered or otherwise prove to be eligible to make a claim.
If the complaint is approved, the Buyer has the right to get a refund for the expense incurred in connection with the exercise of their right.
If the complaint is not accepted and the customer insists on repair, the Seller is entitled to charge all costs associated with testing and non-warranty repair. The price of the work shall be agreed upon in advance based on a quotation by an authorized service partner. The goods will be returned to the Buyer after the payment of costs according to the previous sentence.
The Seller or the person authorized by them shall decide the complaint immediately, or within 3 (three) business days in complex cases. This period does not include a reasonable time needed to expertly assess the defect depending on the type of product or service.
Complaints, including the removal of a defect, must be settled without undue delay, no later than 30 (thirty) days from the date of making a claim, unless the Seller and the end customer demonstrably agree on a longer period.
The Seller shall confirm in writing the way of settling the complaint and its duration.
The claim may not be changed by the Buyer without the Seller’s consent. If it subsequently turns out that the defects of the goods are irreparable or that their repair would be associated with unreasonable costs, the Buyer may require the delivery of replacement goods if they so requests without undue delay after the Seller has informed the Buyer of this fact.
The Seller’s liability for defects that are a material or non-material breach of contract shall apply to defects in goods occurring within 24 months of accepting delivery in the case of defects for which no liability for quality is claimed upon accepting delivery.
The defect is considered to be a material breach of contract if the Buyer would not conclude the contract if the defect would have been foreseen when the contract was concluded; it is a defect that is not a material breach of the contract in other cases.
If the defect is a material breach of contract, the Buyer has the right to receive a new item, repair, a reasonable discount or to withdraw from the contract (with the right to refund the full purchase price). If the defect is a non-material breach of contract, the Buyer has the right to have the defect removed or to a reasonable discount.
The Buyer has the right to the delivery of a new item free of defects, the replacement of part, the discount on the price or the withdrawal from the contract irrespective of the nature of the defect if they cannot properly use the item for the repeated occurrence of the defect after repair or for a greater number of defects.
Upon notification of the settlement of the complaint (repair, replacement, complaint not approved), the customer shall take back the goods within 3 months of their handover for complaint at the latest.
If the customer asks for the delivery of the goods to any place outside of the place where the claim is made when the complaint is settled, the goods are delivered at their own expense, as in the case of the sale of the goods, unless it is a rightful complaint.
If a conflict with the purchase contract occurs within 6 months from the date of accepting delivery of the item in the case of sale to the end customer, it shall be deemed to exist at the time of accepting delivery, unless this is contrary to the nature of the item or unless otherwise proven.
If the Seller fails to remedy the defects within a reasonable additional time or if the Seller informs the Buyer that the defects will not be remedied prior to its expiration, the Buyer may withdraw from the contract or request a reasonable discount on the purchase price.
If the claims for defective goods are dealt with by delivering replacement goods, the Seller is entitled to demand that the Buyer return the replaced item in the state in which it was delivered at their expense. The same applies accordingly to an arrangement for returning the goods upon withdrawal from the contract.
This Return Policy was prepared in accordance with the wording of Act No. 89/2012 Coll., Civil Code, as amended, and with Act No. 634/1992 Coll., Consumer Protection Act, as amended; the issues not regulated by it are governed by these generally binding regulations.
See the Returns and Complaints section for specific steps to make a claim, including the Complaint Form and the address for sending the product under complaint.