These Warranty Terms and Conditions (hereafter referred to as the “Warranty Terms and Conditions”) details the manner and conditions of warranty claims regarding defects of goods purchased by consumers through the e-shop www.klenota.uk from our company:
KLENOTA s.r.o., Bílkova 855/19, 110 00 Praha 1
Company identification number: 26286505, Tax identification number: CZ26286505
Address for service: KLENOTA JEWELLERY, BPM 381080, 372 Old St., EC1V 9AU London, United Kingdom
Contact email address: email@example.com
1. For which defects are we liable?
1.1. As the seller, we are liable to deliver the goods ordered by you and to ensure that the
goods are free from defects at the time of delivery. That means that the
- have qualities which were agreed upon by and between us, which we describe
or which you could expect, having regard to the nature of the goods and
according to advertising;
- are in the corresponding quantity, scope or weight;
- are compliant with the legislation;
- are fit for the purpose presented by us or for the purpose for which the purchased goods are usually used;
- conform to quality standards agreed by us, or quality standards required for the goods by the applicable legislation; and
- have no deficiencies in title, i.e. no third party has any property rights to the goods and the goods are accompanied with documents and certificates necessary for their proper use.
We are also liable to ensure that such defects do not occur during the warranty
1.2. Different shades of color in reality and on electronic imaging equipment may not be deemed a defect of goods. If the goods look different to the image on the website, you have the right to withdraw from the contract within 60 days from the delivery date in accordance with the General Business Terms and Conditions.
2. How long is the warranty period?
2.1. In the case of unused consumer goods, the warranty period is 2 years (twenty-four months) from the delivery date unless a longer warranty period is stated in the Web Interface, in documents accompanying the goods or in an advertisement.
2.2. If goods have been replaced or repaired for you, no new warranty period starts to run
for the new goods, or replaced components. In such case, the warranty period is, however, suspended for the time during which you could not use the goods due to the defect, i.e. for the time during which the goods were being repaired.
3. What rights arising from liability for defects do you have?
3.1. Your rights arising from liability for defects are governed by the applicable Czech law.
3.2. In accordance with the provisions above, your rights include but are not limited to:
a) Additional delivery of missing items. If we deliver goods in a quantity smaller than ordered or if we deliver incomplete goods, you have the right for the delivery of missing items.
b) Discount on purchase price. If the goods have a defect on the delivery date or during the warranty period, you may always request a reasonable discount on the purchase price.
c) Replacement of goods or defective components. You may always request the replacement of goods or any defective component thereof unless it is disproportionate to the nature of the defect (in particular, when an immediate repair of the goods is impossible) and if it is only
a non-material breach of the contract.
You may not request any replacement of goods with respect to goods sold at a lower price. You can request a discount on the purchase price instead.
d) Repairs. If goods can be repaired, you have the right to a free-of-charge defect removal. If it turns out during the warranty claim procedure that we are not able to repair the goods, we will notify you immediately and you may choose another method of the warranty claim settlement.
e) Refund (withdrawal from contract)
You may request refund only provided that:
- the delivery of a defective or incomplete product by us constitutes a material
breach of contract; or
- we are not able to remove the defect, which renders proper use of the goods impossible, or we are not able to replace such defective goods (as in the case of when the goods are no longer produced); or
- you cannot use the goods properly due to repeated occurrences of the defect
after repairs (the occurrence of the same defect after at least two previous
- a multiple number of defects occur with the goods (at least three removable defects at the same time – each of which prevents the proper use of the goods); or
- we fail to comply with the time limit for the claim settlement/we fail to rectify the situation within 30 days after the warranty claim date.
3.3. Goods shall be replaced or money shall be refunded (withdrawal from the
contract) only if you return the goods in the condition in which you received
them. This shall not apply to the following cases:
a) the condition was changed as a result of the inspection to detect the defect;
b) you used the goods before the defect was detected; or
c) you did not cause the goods to be unreturnable in the original condition by
your action or omission; or
d) you sold, changed or consumed the goods before the defect was detected.
4. When can you not apply your rights arising from liability for defects?
4.1. You do not have rights arising from liability for defects if:
- you were aware of the defect before you accepted the goods; or
- you caused the defect; or
- the warranty period has expired.
4.2. Warranty and rights arising from liability for defects shall not apply to:
- normal wear and tear;
- defects of used goods corresponding to the use or wear and tear of the goods at the moment you accepted the goods;
- goods sold at a lower discount – this is only applicable to the defect for which
the lower price was agreed.
5. How do you make a warranty claim?
5.1. Warranty claims should be made without undue delay after the defect is detected.
5.2. We accept warranty claims in our shop at the address for service.
5.3. Recommended procedure:
In order to settle the claim quickly, we recommend you inform us about the claim by telephone, email, in writing or in person. Furthermore, you are recommended to inform us which right arising from liability for defects you have opted to use, whether you want an additional delivery of missing items, a discount on the purchase price, replacement of goods or defective component, refund or other rights in accordance with these Warranty Terms.
You should deliver the defective goods with the claim or subsequently to our address of service; we recommend you to use proper packaging for the goods to avoid any damage or destruction thereof. In order to facilitate the procedure, it is desirable to include with the goods the receipt or an invoice, if issued, or another document proving that you purchased the goods, together with the description of the defect and requested method of claim settlement. Failure to take any of the steps mentioned above shall not prevent the
recognition of your claim in compliance with the law.
5.4. The date on which you informed us about the defect occurrence and you exercised the right arising from liability for defects shall be deemed the warranty claim date.
5.5. We make a decision on the warranty claim within one business day; in more complex cases we make a decision within three business days. This time limit shall not include any reasonable time, depending on the type of product, required to assess the defect by an expert. Claims, incl. removal of defects, if applicable, shall be settled without undue delay; however, it will be no later than 30 days from the warranty claim date unless we agree on a longer period of time.
5.6. If you opt for a right which may not be granted for objective reasons (e.g. when the defect cannot be removed or replaced), we will contact you without delay. In such case you can opt for another right in accordance with these Warranty Terms and Conditions.
5.7. When you make a warranty claim, we will give you a written confirmation indicating the date on which you made the warranty claim, the contents of the claim and the method of claim settlement requested by you. Also, (after the claim is settled) we will give you a confirmation indicating the date and method of the claim settlement, incl. a confirmation about the repair and its duration, or a written reasoned rejection of the claim.
5.8. In compliance with the Czech Civil Code, you are entitled to the reimbursement of costs reasonably spent on making the warranty claim. Please note that you must exercise the entitlement to reimbursement of costs within one month after the expiry of the time-limit in which you must notify of the defect.
These Warranty Terms and Conditions are valid and effective from 22 May 2018.