I. INTRODUCTORY PROVISIONS
I.1 Change 48, s.r.o., Company ID No.: 07554893, with the registered office at Nové sady 988/2, 602 00 Brno, Czech Republic, incorporated in the Companies Register kept by the District Court (Krajský soud) in Brno, Section C, Insert 108765 (the “Seller”), in this Complaints Code duly informs the buyer, who is a consumer (the “Buyer”), of the scope, conditions and manner of exercising the rights arising from liability for defects, including information on where the Buyer can exercise its rights arising from the concluded contract for the supply of digital content (the “Contract”). The scope of the Contract is to provide a product that is an on-line course or webinar (both are digital content) (the “Product”).
I.2 The Buyer is obliged to get acquainted with this Complaints Code and proceed in accordance with it. By concluding the Contract, the Buyer agrees to this Complaints Code.
II. LIABILITY FOR DEFECTIVE PERFORMANCE
II.1 The Seller shall provide the Buyer with the Product free of defects.
II.2 The Buyer shall notify the Seller of the defect without undue delay after discovery of the defect, either by identifying the defect or notifying the manner in which it manifests itself. A defect may be notified only within six months period starting by the takeover of the subject of performance.
II.3 The Buyer is obliged to inspect the Product as soon as possible and verify if it complies with the Contract.
II.4 For the proper use of the Product the Buyer must comply with the technical requirements on hardware and software compatibility and interoperability with digital content (needed for access to digital content), which are specified in Terms and Conditions constituting an integral part of the Contract.
II.5 The Seller is not liable for results of the Product and does not guarantee any results or outcomes arising out of the use of the Product.
III. METHOD OF MAKING COMPLAINTS
III.1 The Buyer’s rights arising from defective performance must be exercised in accordance with this Complaints Code. The Buyer is entitled to exercise the right arising from a defect at the registered office of the Seller or in any of the Seller’s establishments or in writing to Change 48, s.r.o., Nové sady 988/2, 602 00 Brno, Czech Republic, or by e-mail to email@example.com. You can download the form of the Complaint Report here .
III.2 The Buyer is obliged to indicate to which Product the exercise of that right pertains, by submitting the relevant tax document, or in another credible way.
III.3 The Buyer is obliged to file a complaint concerning the Product without undue delay after finding out that there is a defect in the Product.
III.4 The Seller is obliged to issue a written confirmation to the Buyer about when the Buyer exercised the right arising from defects, what the content of the complaint is, and what method of handling the complaint the Buyer requests. A copy of the Complaint Report shall also be deemed to be such confirmation.
III.5 The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three business days. This time limit does not include the time appropriate to the type of product, required for an expert assessment of the defect. Complaints, including the elimination of defects, must be settled without undue delay, no later than 30 days, from the date the complaint is made. The time limit for settling the complaint begins on the day following the making of the complaint.
III.6 The Buyer is obliged to provide the Seller with all cooperation to verify the existence of the claimed defect and to eliminate it.
III.7 After the complaint has been settled, the Seller will inform the Buyer either via a text message, by e-mail or on the phone.
III.8 The Seller is obliged to issue a written confirmation to the Buyer about the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. A copy of the Report on Complaint Settlement shall also be deemed to constitute such confirmation.
III.9 In the case of a justified complaint, the Buyer has the right to reimbursement of purposefully incurred costs for the making of the complaint, while these costs are understood as the lowest possible. The Buyer must request reimbursement of those costs without undue delay, but no later than one month from the end of the period for exercising the rights under defective performance.
IV. RIGHTS ARISING FROM DEFECTS
IV.1. If a defect can be removed, the Buyer may demand either a repair or supplementing what is missing or a reasonable price reduction. If a defect cannot be removed and prevents the proper use of the Product, the Buyer may either withdraw from the Contract or demand a reasonable price reduction.
V. FINAL PROVISIONS
V.1 In relation to the fulfilment of the information obligation pursuant to Section 14 of the Consumer Protection Act, the Seller informs the Consumer that, if the Consumer is not satisfied with the way the Seller handled his/her complaint or believes that the Seller has violated his/her rights and the dispute has not been settled by agreement directly between the Consumer and the Seller, the Consumer has the right to apply for out-of-court settlement of the consumer dispute. The authority competent to settle consumer disputes arising from agreements out of court is the Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs.
V.2 Other rights and obligations arising from the Contract shall be governed by the Terms and Conditions.
V.3 This Complaints Code becomes effective on 13th of October 2021.